80-019 Chas. I. Cunningham (Charles I. Cunningham Company, Reconstruction of Curbs, Gutters and Sidewalks, Project No. 80-31.I
"
CIlY Of; CUPERTlNQ
PUBLIC WORKS
MAR' 2 61980 Ii( IE C E ~ V !Z D
CONTRACT FOR PGSLIC t-!~RK R£CEllI£D. MAR 201980.
J
CO~!T?-r".CT ::.~ce 0:: April 9, 1980
b7 th~ C!!'Y OF C'!JPE!\T!!iO. a I:Ul,:-n.cipal corporation of the State
of C~1ifornia, h~reir.atter called tne City, .and
CHAS. 1. CUNNINGHAM co.
hereinafter called the Contractor. """.
IT IS HEP:"BY' AG1"\.EEn by the par~ies as fol10vts:
1. The Co~tract Do~~e~ts. The complete C~ntract 000-
:;;::tst:s 0:' th-e '1'ollol.L'lg contrac.1; documents: -
-a. The plans and specifications' entitled, "Reconstruction of Curbs, Gutters
and Sidewalks, Project 80-31" .
b. Various bond and insurance requirements
e. Bid proposal attaehed hereto as "Exhibit An
.I .... "'!;; aIle. ali. obligations of the City and the Contractor are fl.tlly
se t forth and des cribed therein.
All of the above dOcl::Clflnts are -intended to cooperate 1;,;
that any work called fer in one ~l~ not ~antioned.in the other,
or vice versa, is to b~ executed the S2.:ile as :1.1' mentioned !.n all
'or said docu!!1~r.t::. Tte docWt.ents cC!!Iprising t!:e cOlllPlete co:').-
tr:act are sor::etimes hereinafter rei'errad to as the Con;ract Docn-
lilents. In ca.-se of con!'li:;:!:; .. ,,,,tween the Pla..-:.s and S::>ecificat:i.on::l
on the one ha. .. ·ld, ~:d this Contract on the ot:her, the Plat.s a.'lG
Sp"'c,; .,.. ~-;.~ r'n~ ~'Ior~u.'l -....,v" .. , _ -.J. ...... Q..., .. _ ... "",,,,.fi 1:"""" ... ::::;....&.""" ..
?. The l'o!"~:.· '!:he Contractor ag.'eel! to .fu:.-:1isn all of'
t~e tool.s J =quipr=I~nt, ~pp:arat.us, ~ae11! ties I labor J transp~.t·~ e-
tion. a."ld ~~terial neces5a~' to pcrro~m and co~lete in a seod
and \for;;:rn-::.r,li:,:e l!'~:ler. the t .. ork of
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RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALI\S
PROJECT 80-31'
a~ called. tor, and in the manner designated in, and in strict
. con!'orr..i ty ·,lith. the Plans and Spec1.1"ications p:oepared by the
rollowing na~d person: .
'. Bert J. Vis~vich, Director of Public Works ..
and adopted by the City, 11hich Plans and Spec11'ications are en-
titled, respectively.
Reconstruction of Curbs, Gutters and Si~ewa1ks
Project 80-31 '
and 11hich Plans and Specifications are ident:t!'ied by the signa-
tures'of the parties to this Contract. It is understood a~d
agreed that said tools. equipment, apparatus, facilities, labor.
transportation. and material shall be 1'urnished, and that said
work shall be performed and completed as reqt.iired in said Plans
and Speci1'ications under the sole direction and control of the
Contractor, but sub.j ect to the i.nspection a.."ld approval o:f the
City, or its representative. The City hereby deSignates as its
representative for the purpose of this CQntract tbe following
named person: '.
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,
. SIXTY-EIGHT THOUSAND O~E HUNDRED TWENTY-ONE DOLLARS AND .THIRTY-FIVE CENTS ($68,121.35)
subject to additions and deductions as provided in the Contract
Documents.
II. Disputes Perta:!.ning to Payment for \-lork. Should
any dispute arise respect"1ng the true va..lue ot arty work done,
of any ;10rl!: Omitted, or of any extra ~lork. which the Contractor
may be required to do. or respecting the size of any payment to
the Contractor during the per:!'ormanc~ of.' this contract. said
dispute shall be deter::ti.ned either by reference to the u."lit 01"
prices. if applicable, or in accordance with the agreement ~1"
the parties, or in accordance ltith the· rules of the A:r.erican _
Arbitration Association if the parties are unable to agree.
5. Perr.uts; Comoliance ~jith Latt. The Contractor shall,
at his expense, obtain all necessary permits and licenses, ease-
ments. etc •• tor ehe construction ot the project, give all neces-
sary notic,es, pay all tees' required by lat-r. and comply with all
laws, ord1cances, rules and regulations relating to the work
and to the preservation of the public health and safety.
6. Ins'pe ction by the Ci.ty. The Contractor shall at
all times maintain prope~ facilities a~d provide safe access for
inspection by the City to all parts of·the ~-lork, and to the s!lops
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~.,herein the t/ork is in preparation. 11here the Specifications
'r~quire work to be specially tested or approved, it shall not
be tested or covered up ~/ithout timely notice to the City of
its readinel!,s for inspection and without the approval tn,ereof
or consent thereto by the latter. Should· any such work be
covered up ~/ithout sucll notice, approval. or consent. it must.
if required by the City. be uncovered for examination at the
Contractor's expense.
7. ' Extra or Additional '~Tork and Chanlotes. Should the
City at ~~y time during the progress of the work require any
alterations. deviations. additions or omissions from the Speci-
fications or Plans or other Contract Doc~~ents, 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 reas onable valuati·on. which valuation
shall be determined either by reference. to the unit prices, if
applicable. or in accordance with the agreement of the parties.
or iri accordance with the rules of the Americ~~ Arbitration
Assocation 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. ~~d by all agencies 'fhoseapproval is required by law.
stating that the extra work or change is authorized, ~~d no
claim for an addition to the contract sum shall be valid unless
'so ordered.
8. Changes to Meet Environw~ntal Reouirements. The
City shall have, the right to make chan-ges in this Contract
during the course of construction to"bring the completed im-
provements into compliance with enVironmental requirements or
standards established by state ~~d federal statutes and regula-
tions 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 ''lith the
agreement of the parties. or in accordance with the rules of the
Amerjcan Arbitration Association if the parties are unable to
agree. •
'9. Termination, Amendments or f-iodific.2.tions. T'nis
Contract may oe terminated"amenaed or mod1ried~ with the mutual
consent of the parties. T'ne compensation payable. if any. for
such termination, aw2n~~ent or modifications. shall be deter-
mined eithar by reference ~o the unit price, if applicable, or
in accordance \·rith 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 tor Comoletion. All \-1ork under this Contract:
shall be completed Before July 1. 1980
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. , If the Ccnt ractcr shall be delayed in t!le \'lerk by the
acts .er neglect ef the City, O'r its' employees. er these under ,
it by centract er etherwise, er by ahanges crdered in the \,/0 riC , '
er by strikes, lcclceuts by ethers, fire, unusual celay in trans-
portaticn, unavcidable casualties cr ~~y causes ,beyond the Con-
tractcr's centrcl, er by delay authorized by the City, cr by
any cause which the City shall determine justifies the delay,
then the time cf ccmpleticn shall be extended acccr:llngly.
This paragraph dces nct exclude the rece·very cf datll-,
ages fcr delay by either party ~~der other previsicns in the
Centract Dccuments.
11. Ins ectien ?.nd Testinsr cf !/[aterials. The Con-
t~acter shall netify the Ci;y a sUlficient time n advance ef
the manufacture er prcducticn ef materials to' be supplied by
him under this Contract. in crder that th~ City E~Y arrange
fer mill'er facteI~ inspecticn and testing cf the same, if the
City requests such nctice frcm the Centractcr.
12. 'l'ar:ninatien :rcr Breach •. etc': It' the Centractor
shculd be adju~ea a bankrupt, cr if he should m~(e a general
assignment for the be'Qefit cf his cz:.editcrs,'.or if a rece,iver
shculd be appcinted.cn acceunt cf' his inselvency, er if he er
any of his subcen~racters should vi9late any' ef the previsicns
of the' ,Centract, the City may serve l'Ir1 tten notice upcn him and
his surety ef its intentien to' ter~inate thp.Centract, such
notice to' ccntain the reasons' for such intentien to terminate
t!'le Oon~ract, a"ld, unless \iithin ten days after serv;.r.g· ot' such
nctice, such .~elatien shall cease and satisfactory arrangements
fcr ccrrection thereef be made, the Ccntract shall. upcn the
expiration ef said ten days, cease and ter-....inate •. In the event
ef any such terlllination~ the City shall immediately serve \,lri tten
notice therecf upen the surety and the Contractor, and the su~ety
shall have the rigbt to take over and perferm the Centract; prc-
vided> hewever, that. if the surety within fifteen days after
tbe serving upon it of netice of terminaticn does nct give the
City \i'ritten notice of' i,ts intentio."1 to t~lte over and perfcrm
the Contract, cr does nC,t commence perferwance therecf ~lithin
thirty days from the date cf the serving of such notice, the
City may talce over the work and prosecute the same to' cempletion
by contract"cr by any other methcd it ~~y deem ad\~sable, for
,the account and at the expense ef the Contracter, ~~d t!'le Con-
tractor and his sur;ty shall be liable to' the City fer any ex-
cess cost occasioned by the City thereby. and in such event the
City may,'withcut liability fer So', dOing, take possessien cf,
and utili~ in cempleting the work, such materials, appliances,
plant and ether property belcnging to' the Ccntractor as may be
on the site of the \'lork ~"ld necessary therefor •
• 13. The City's RiEhe to Withhcld Certain Amounts and
'·take Aoolication The:"eef. In ad:lltion to the ameunt tihich the
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City may retain under Paragraph 21 of this, Contract until the
,fina1, completion and acceptance. of all 110rk covered by ,the Con-
tract, the City may withhold from payment to t~e Contractor
such an amo~~t or ~~ounts as in its judgment may be necessary
to pay just cla.i!!lS against the Ccnt:-3.ctor or any subcontract:ors
for labor a.~d servicE'S rendered and materials furnished in a.'ld
about the ~·lork. The City may apply such lfithheld 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 th~ Contractor,
and the City shall'not be liable to the 'Contractor for any such
payment made 1n good faith. Such payment may be made \'f1 thout,
prior judicial determination of the, claim or claims.
14. Notice and Service Thereof. Any notice from one
party to' the other under the CO:ltract shall be in ~lritin;;, and
shall be dated and signed either by the party si ving such notice.
or by a duly authorized representative of such party. Any such
notice shall not be effective for any purpose \·lhatsoe.ver unless
served in the fo11o'\'ring manner: (a) if the notice is given to
the City, either by personal delivery 'thereof to the City r4ana-
ger of the City, 'or by depositing tne 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 de2i very thereof to the Contrac-
• tor, or to his duly authorized representative at the sit~ of the
,pro,iect, or by depositing the same in the United States mai.ls,
enclosed in a sea2ed enve~ope, addressed to said Contra-ctor at
p.o. Box 425
Oakdale, California,95361
postage prepaid and certified; and (c) if the notice is given to
the "s,urety or any other person, either by personal deli very to
such surety or other person, or by depositing the same in the
United States mailS, enclosed in a sealed envelope, addressed
to such surety or person, as the'case may be, at the address of
such surety or person last communicated by him to the party
giving the notice, postage prepaid and certified.
15. Assirnment of Contract. Neith'er the 'Contract,
nor any part the+eo , nor moneys due or to become d~e there~,der,
may be aSSigned by the Contractor without the prior written ap-
proval of the City •
.16. Cocoliance 'ldtn Suecif1caticns of f!'aterials. l'rnen-
ever in the Specifications, any material or process is indicated
or specified by patent or proprietary name, or by name of manu-
facturer, such Soecifications must be w~t by Contractor, unless
the 'City agrees in l'rrlting to some other material, process or
article offered by Contractor which is equal in all respects to
the one speci ried.
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17. Contract Securl tv. 'The Contractor shall furnish
a. surety bond in an amoun~ at l=ast equal to one hundred per-
cent (IOOS) of the contract pric~ as security for the faithf;')'l
perfoI'I:lance •. of this Contra:ct. The Contractor sha.ll also furnish
a separate surety bond in an a~o~~t at least equal to one·hu!1d~ed
percent .(lOC%) of' the contract price as security for the paYr.lent
of all persons for furnishing materials, provisions, provender,
or other supplies, used in. upon. for or about the perforr.l~~ce
of the I'l'ork contracted to be done. or for performing any ~'lo:t"lc
or labor thereon of any kind. and for the payment of amounts
due ~,der the Unemployment Insurance Code with· respect to such
work or labor in connection ltith this Contract. and for the pay-
ment of a reasonable attorney's fee to be fixed by the court in
case suit 1s brought upon the bond •
. 18. Insurance. The Contractor shall'not corn:nence .'lOlik
under this Contract until he has obtained all insurance required
under this paragraph and such insurance has been approved by the
City. nor shall the Contractor allo1" any subcc5nt~actor to com-
mence ~lorl~ on hi.s subcontraet· until all srm:l.lar insurance re-
qui~d of the subcontractor has been so obtained and approved.
Toe Contractor shall furnish ·the C·ity .witb satisfactory proof
o~tbe carriage of insurance required. and there shall be a
specific contraotual liability endorsement extending the Con-
tractor's coverage·to include ~he contractual liability assumed
by the Contractor pursuant to this Contract and particularly
'Paragraph 19 hareof. Anypo11cy or ~nsurance requirec of the
, Contractor under this Contract shall also contain an endorsement
providing. that thirty' (30) days' notice must. be given in writing
to the City of a~ pending change in the limits of ~iability or
of any cancella~ion or modification of the policy~
, ,
(a) "lorl,men's Cornoensat'10n Insurance and Em-
ployer's Liability Insurance. The Contractor shall ~ake .out
and maintain during' the l:i.fe· of' this Contract ~'lorkmen' s Co:apen~
'sation Insurance and Employer's Liability Insurance for all of
his employees em?loyed at the site of the project and. in case
any ~10rk is sub:l.et. the Contractor shall require the subcontrac-
tor similarly to provide' t-J'o:::'kme,n' s Compen~ation Insurance and
Employ=r's Liability Insurance for all of the latter's empl'oyees
unless such 'employees ·are covered by the protection afforded by
the Contractor. '
In Signing this Contract the Contractor makes the fol-
lowing certification. required by Section 1861 of the Labor Code:
WI am al"are of' the provisions of Section
3700 o£ the Labor Code ~lhich r~quire every em-
ployer to be insured agains~ liability for
work~h's compensation or to undertake self-
insurance in accordance with the provisions of
the c Q ge. and I will comply with such prOvisions
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beforE co~encing the performance of the work
of this contr~ct."
(b) Liabilitv I:1sur:ance. The Contracto.r shall
take out C!..'ld' maintain during the life of this Contract such
Bodily Injury Liabilit;y and Property Damage Liability Insu!'C!..'1ce
as shall protect him and any subcontractor performing' work cov-
ered by this Contract from claims for damages for bodily injury,
including. accidental death, as well as from claims for property
damage, in ;tclup.ing third-party property damage, to include. cov-
erage on property in the care, custody and control of the Con-
tractor, and also inwcluding 'tlhat are cOl1lUlonly kno~m as the "X,
C, and U" exclusions (having to do ~Ii'th blasting. collapse, C!..'1a
underg!'ound property damage), which may arise from Contractor's
operations under this Contract, whether such op~ratio~s be by
himself or by any subcontractor or by ~'1yone directly or in-
directly employed by either of them and the amounts of such in-
sur~'1Ce shall be as follows:
Bodily Injury Liability Insurance in an amott.'1t
not less than $ 300,000.00 for injuries,
including accidental death, to C!..'1y one person,
an~, subject to the same l~mit for each person,
in an a.'llount not less than $500,000.00 • on
account of one accident, and Property Damase
Liability Insurance in an amount not less than
$200,000.00 • The C~ty' and its officers ana
employees, shall be na.'lled as additional insureds
on any such policies of insurance. IlThicn shall
also contain a provision that the insurance
afforded thereby to the City. its officers and
employees, shall be primary insurance to the
full limits of l1'.3.bil1ty of tile policy, and
that, if the City, or its officers and employees,
have other insuranc~ against a fOss covered by
such policy, such other insurance shall be ex-
cess insurance only.
(c) Fire Insurance. The
and maintain' for the benefit of both parties t~~
Contr nsuranc~ covering loss by fire, extende verage en-
dorsement pe (Windstorm. hail, explosio ot, riot attending
a strike. civil co on, aircraft. v es. smoke), and van-
dalism and malicious misc up , e enti.re structure on \1hich
the ~Iork of this Contract ne to one hundred percent
(lOOZ) of the insurab1 alue thereof. er evidence of such
insura~ce shall urnished to the • If the
City provi he fire insurance hereunder, and the actor
desi~ roader protection than the perils of loss by fire,
ed covera$e endorsement perils, and vandalism and malicious
e Supply !£ or ~, as the case may be, in the blank.
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attempt to obtain such br ,
a.'1d the • "or such
19. Hold Har::tless. The contractor t·rill save, keep, and
hold harmless the City anu all offlcers, em?loyees. and agents
thereof frow all dawages, costs. or expenses, in law or ~n equity.
that may at any time arise or be set' up because of personal in-
jury or d~ge to property sustained by any person or persons by
reason of, or in the course of the performance of said t'lork, or
by reason of any infringe::te~t or alleged infringewent of the
patent rights of any person or persons. firm o~ corporation in
consequence of the use in, on. or about said t-fork, of any article
or material supplied or installed under this Contract. Notwith-
st.anding tile above, the Contractor sha1l .",herever it is. necessary
keep and maintain at his sole cost and expense during the course
of his operations under this Contract such warnings, signs, and
barriers' as way be required to protect the public. The p·rovisions
of the preceding sentence shall not impose any liability upon
the City and are for the eApress benefit of the general pu~lic.
20 •. Hours of Hork. Eight hours of labor during any
one ca1endar day a,nd forty hours of labor. during anyone calendar
week shall constitute the maximum hours of service upon all work
done hereunder, and it is eX9ressly.stipulated that no laborer,
workman, or mechanic employed at any time by the Contractor or
by a.~y subcontractor or suhcontractors under this Contract, upon
the ~:ork or upon any part of the ~rork contemplated by this Con-..
tract, shall be required or permitted to work thereon more thap
eight hours during anyone calendar day' and forty hours during
any one.calendar ~leelc, except, as provided by Section 1815 of
the Labor Code of the State of California, t-lorlc perf'ormed by
employees of contractors in excess of eight hours per day and
forty hours during anyone week shall be permitted upon public
work upon compensation for all hours t'larked in exce·ss of eigb.t
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 1611-1815. inclusive, of the
Labor Code of the State of California, all the provisions where-
of are deemed to oe incorporated herein, the Contractor shall
forfeit, as a penalty to the City, twenty-five Dollars ($25.00)
for each laborer, workman, 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,
lrtorkman, or mecha.~ic is required or permitted to t'lork more than
eight hours in a.'1y one calendar day and forty hours in anyone
calendar week in violation of the provisions of said Sections of
the Labor Code. .
The Contractor, and each subcontractor, shall keep an
accurate record sho':ling the nar.:es of and actual hours ~10rlced
each calendar day and each calendar wee:k by all laborers, work-
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men, and mechanics 'employed by him in con:lection ~·/it.h the l'/ork
. contemplated by this Contract. "/hich record shall be open at
all reasonable hours to the inspection of the City or its offi-
cers or agents and to the Di "is ion of Labor La~1 Enforcement 0 f
the Department of Industrial, Relations of the State of Ca'lifornia •
.
21. i-Ta,2:e Rates. Pursuant to the' tabor Code of the
Statlj! of California, or local la~l thereto applicable, the City
has ascertained the general prevailing rate of per diem wages
a."ld rates for holidays and overtime "lork in the lo'cali ty in
"lhich tb.is ''lork is to be perforr.'.ed~ for each craft, classifica-
tion, or type of laborer, ~'lorkrnan. or mechanic needed to execute
this Contract. The prevailing t'lages so determined are set, !'orth
in the Speci!'icatio:ls and ~£de a part hereof. Neither the notice
inviting bids nor this Contract shall constitute a representation
or fac~ as to the prevailing wage rates upon ~lhich the Contractor
or any subcontractor llnder him may base allY claim against the
City~ -
-It shall be mandatory upon the Contractor, and upon
any subcontractor under him, to pay not less.than the said spe-
cified rates to all laborers, workmen, a."ld mechanics employed
in the execution. of the Contract. Lt is further expressly sti-
pulated that the Contractor shall, as a penalty to the City,
.forfeit t~lenty-!'ive dollars ($25.00) for' each calendar day, or
portion thereo.f, for each laborer, ~lorkma.'l, or mecha.'lic paid less
_.than ~he.stipulated p~evailing rates fo~ any work done under
this Co~tr~ct by him or by any subcontractor ~"lcer him; ~'ld Con-
.. tractor agrees to comp2y with all prOvisions of Section ~775 of
the Labor Code.
. In case it becomes necessary for the Contractor or any
subcontractor to employ on the project under this Contract a.,y
person 1n a trade or occupation (except executives, supervisory,
administrative, clerical, or other non-rnap.ual "lorkers as such):
1'01' which no mir.imum wage rat.e is herein specified; the Contrac-
tor shall immedic.tely notify the City, t1ho ;1ill pro=ptly there-
after determine the prevailing rate for s~ch additional ~rade
or occupation and shall-rur:lish the Contractor with the minimum
rate based tliereon.· _ The m1nim~'n rate thus furnished shall be
applicable as a ~n!mlli~ for such trade or o~cupation !rom the
time of the initial employment of the person affected and during
the (;ontir:uance of such employrnent.
22. Accident Preve.ntion. Precaution shall be exer-
cised at all times for the protection o!' persons (including em-
. ployces) and property. The safety provisions of applicable la;~s.
bulldinE; a.."ld cOllstruction codes shall be observed. i·lachinery,
equiprnent, and other hazards shall be guarded or eliminated in
accordance ~11th -the sarety prOVisions of the Construction Sa.fety
Orders issued by·the Industrial Accident Co~~issicn of the State
of California.
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23. Payment. Not 'later than the 15th day of each
calenda:' month. tne Ci:;y \1ill make partial payment to the CO:1-
t:'acto:' on the basis of a duly certified approval asti~ate of
the work perfor=ed and materials incorporated in the project,
during the preceding calendar month, by the Contractor, 'but t!le
Ci ty .... 1111 retain ten percent (10 %) of the
anount of each of said estimates until the eXpiration of thirty-
i'ive (5) days from the date of recording by the City of notice
of acceptance of cO:'.;lletion of all 'tlork covered by this CO:1tract,
if such notice be recorded "rithin ten days after the accepta..'1ce
of completion of such Contract as evidenced by ,resolution of
its governing body; or, if such notice be not so recorded .'f1thin
ten days, until the expiration of ninety-five (95) days after
the acceptance of completion of such :'lork of improvement as evi-
denced by resolution of its governing body, at tlhich time and
not be'fore. the City Shall, pay to the Contractor the :'1hole of
the remaining ten percent ( 10 :::) of said contract
price so held back as provided; said certificates to be furnished
by and obtained from the City's representa~ive-stating that the
payrnerit or install!:!ent is due upon the' basis of work completed
and the amount then due' and the City's representative shall, be-
fore the 30th of each mont!l, deliver said c'ertificates u."lder
his hand to the City, or in lieu of such certificates, shall de-
liver to the Contractor, in writing, under his hand, a just and
true reason for not issuing the certificates. including a state-
nentof the defects'" if ,a.."lY, to ,be remedied, to entitle the
,Contractor to the certificate or certificates. In event of the
failure of the City's representative to furnish and deliver said
certificates or any of them. or in lieu thereof. the writing
aforesaid, ~lithin ten (10) days after the times aforesaid. and
after ''1r1tten demand has been made upon him fo;:' the same, the
Contractor may file demand with the City, and, in event said
certificates are not furnished within ten (10) days thereafter,
the same·'Shall become due and payable.
In case the City's representative delivers the l .... riting
aforesaid. in lieu of the certificates, then a compliance by the
Contractor ~I1th 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 !>Iork done up to
~~e time of such payments, but the entire work is to be subjected
to the inspection and approllal of the City, and subject to ~rhat
ever inspection and approv~l may be required by lal'l.
24. Protection of Public Uti11ties. The City shall
be responsible, as between the parties to this Contract only. for
the removal. relocation, or protection of existing public utili-
ties. if any, located on the site of construction, but only if
such public utilities are not identified by the City in t~e
Plans and Specifications made a part ~f the invitation for bids.
-10-
, Z"le' City shall compensate the Contract'Qr for costs incurred in
relocating or repairing d~a;e to utility facilities not indi-
cated in the Plans and Specifications, other than sQr~ce lat-
erals when the oresence or such utilities on the construction
site can be inferred from the presence Ol.~ such visible fac.i..li....:
ties as buildings. a."ld meters and j unc tion bo;ces on, or adj a-
cent to. the construction site. ~ne Contractor shall not be
assessed liquidated damages for delay in completion of the Con-
tract project. as provided in Paragraph 27 belo: ... l;,hen such de-
lay is caused by the 1'allure of the City. or other public ~tility;
to pro~de ,tor the removal or relocation of the eXisting utility
racilities. Ir the Contractor while performing the Contrac.t dis-
covers utility facilities not identified by the City in the Con-
tract'Plans and Specifications. the se~lice laterals as herein-
above described, he shall immediately notirY.the City ~n writing •
. 25. Contractor's Resoonsibilitv tor the Hork. The
Contractor shall not be responsible tor tne cost of repairing
or restoring da.~a;e to the .wprk caused by .an ·act or God. lEVER-
THELESS. the Contre.ctor shall. i1' the insurance premium is a
separate bid item. obtain the ·insurance to indemniry the Cit~
tor a.'lY damage to the work caused by an ac.t 6t God. "Acts 01'
God" shall include only the following occurrences or. conditions
a.'ld erfects: earthquakes a.'ld tidal waves. when such ocourrences
or conditions and e1'fects have been proclair.~d a disaster or
state of eml'lrgency by the Governor or the ·Sttlta of Calii'ornia
, or by the President or the United States. or ;';ere ot: a magnitude
at the site ot: the ':'lork suft:i::ient to have caused a· proclamation
of disaster or state of emergency haV1pg occurred in a populated
area.: Subject to the 1'oregoing. the .City shall not. in any \1ay
or manner) be ansl1erable or surrer loss ~ damage. expense or
liability 1'or any loss or damage that may happen to said build-
ing# work. or equipment or any part. thereor. or in. on. or about·
the same during its construction and berore acceptance. . .
26. Contractor's Guarantee. .The Contractor unquali-
riel;ily gl!arantees the first-class quality or all \'/'orkmanship and
ot all ma~erials. apparatus. and equipment used or installed by
him or by any Subcontractor or supplier in the project which is
the subj6ct of this Contract, unless a ~esser quality i3 expressly
authorized in the Plans and Spec1f1cations. in which eve~t the
ContrActor unquali1'iedly guarantees sucb lesser quality; .and
that the work as pertormed by the Co~tractor will conform with
the Plans and Specir1cations or any written authorized deviations
theretrora. In case of any detect 1n \'/'ork. materials. apparatus
or equipment. Whether latent or patent> revealed to the City
within .one (1) year or the d::..te ot acceptance or completion or
this Contract by the City. the Contractor will torthwith remedy
su~~ defect or defects without cost to the City.
27. Liquidated Damaf!;es. Tine shall be of the essence or this Contract., Ii' the Contractor fails to cocplete # "rithin
-ll-
..
'. t;he time fixed for such completion. the ~1ork: hereinbefore men-
tioned &~d described and hereby contracted to be done ~~d oer-
formed. he shall become liable to the City for liquidated dam-
ages in the sum of FIFTY
dollars ($ '50.00 ), for each and every day during t-rhich
said \10rlc shall remain uncompleted beyond such time for comple-
tion or u!'lla"rful extension thereof, which su.'TI shall be presumed
to be the amou.~t of damage thereby sustained by the City since
it would be impracticable or extrel:l.ely difficult to fix the
actual damage; and the amount of liquidated damages may be de-
ducted by the City from moneys due the Contractor hereunder.
or .his assigns and su'ccessors at the time of completion. and
th~ Contractor hereunder, or his assigns and successors at the
time of completion. and his sureties shall be liable to the
City for any excess.
28. Additional Provisions.
N.A.
. .
•
•
•
_12_
-
•
1H \UTNESS t-IHEREOF. the pa:'ties have executed t!1is
·Contract. i!'l. duplicate. the da:r and year .first hereinabove
t'lritten.
APPROVED
\ ATTEST:,.
M~.~
City Cle:rf:2
Nota:ry acknowledgment required.
If a corporation, corporate seal
and corporate notary acknowledgment
required.
•
•
.
CITY ,OF CUPERTINO. a municipal
corporation of the State of
Ca11fo~ia, herein called
the City
By ,,~~+~~
CRAS. I. CUNNINGHAM CO •
.
'By6~.Q~~e;{';'"
~
-13-
SU:rE 01t CALI!OE.'fU )
• ) sa.
COmrrYO~
OIl C::;;??Z>'ft a.,,) e?.5'"' • 19 Yd, before me, the undersigned, a
Notary Public in and for said State, personally appeared ..
~I~. ~~~~~~'·~v~e.~.~·~~~·~,~~~~ __ ~~~,
known to me to be the persons whose ea are subscribed ~o the within
Instrument, and acknowledged to me that they executed the same.
"(O[J:~rm~ss my hand and official seal.
N'ot.ary Public in ,and for the County
o~ S of California
CORPORATION AClQ10YLEDG~
sun: OF c.\.t.I!OB!r.tA )
)
COUNl'Y OF ....un'''\' CLARA)
ss.
OIl . , 19 . , before me, the undersigned, a Notary
Public in and for the said State:-Pe.rsonslly appeared
~ \.
____ ~--------------__ ~~--------------------------' known to me to
be the of • the
corporation that executed the YithiIl Instrument, known to me to be the person
who executed the Yithin Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN iolIniESS lmEREOF, I have hereunto set my' hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first·
above =ittan.
. .
Notary Public in and for the County
of Santa Clara, State of California
,.,. ,.... "'t' ,. T
• Certificate of Insurance ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER ~ • Tt;!IS CERTIFICATE DOES NOT AMEND, EXTEND OR Al TEA THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
NAME AND ADDRESS OF AGENCY
Johnsey Insurance Agency, Inc.
4173 North-Blackstone Avenue
Fresno, California 93726
CHAS • I •. CUNNINGHAM. CO •
P.O.BOX 425
OAKDALE, . CALIFORNIA 95361
COMPANY TYPE OF INSURANCE LETTER POLICY NUMBER.
GENERAL LIABILITY
KJ COMPREHEN~IVE FORM El PREMISES--QPERATIQNS
EXPLOSION, AND COLLAPSE
A HAZARD D UNDERGROUND HAZARD
WCG221090
~ PRODUCTS/COMPLETED
OPERATIONS HAZARD
CONTRACTUAL INSURANCE
BROAD FORM PROPERTY DAMAGE
INDEPENDENT CONTRACTORS
PERSONAL IN~URY
LIABILITY
CQMPREH_ENSIVE FORM
OWNED WCG221090
A HIRED
NON-OWNED
B [] UMBREUA FORM
D OTHER THAN UMBRELLA LXC513458-B
FORM
and
C EMPLOYERS' LIABILITY C3 89 02 970
OTHER
DESCRIPTION
CONTRACT 80-31 RECONSTRUCTION OF
CURBS; GUTTERS AND SIDEWALKS .•
COMPANIES AFFOROING COVERAGES
COMPANY LETIER A WEST AMERICAN INSURANCE
COMPANY LETIER B OHIQ CASUALTY INSURANCE CO. -
~,'f,~NY C INSURANCE CO. OF NORTH AMERICA
COMPANY D LETIER
COMPANY E lETIER
..
POUCY
EXPIRATION DATE
4-1-81
4-1-81
4-1-81
2-1-81
BODILY INJURY
PROPERTY DAM~GE
BODILY INJURY AND
PROPERlY DAMAGE
COMBINED
$ 300
$ 100
•
• 300
• 100
•
PERSONAL INJURY $
BODilY INJURY (EACH PERSON)
BOOllY INJURY (EACH ACCIDENT)
I I
BODilY INJURY AND
PROPERTY DAMAGE
COMBINED
•
or condition
certificate or verificalion of insurance may be issued or may
pertian, the insurance afforded by the policie!i· described
herein is subject to all the terms, exclusions, and conditions
of such policies."
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuingcom-
pany will endeavor to mail. ---.3..U... days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER;
CITY OF CUPERTINO
10300 T.oRRE AVENUE
CUPERTINO, CALIFORNIA 95014
STATE OF CAUFORNIA }
COUNTY OF ............. FRESN(J........................ 55.
On this ... J.9..TIL ... d.y of ........ ~Sg!i! ............ in the year one thousand nine hundred and ... J:;IOlITX ........................ before me •
......... RUSSELL .. CRAllEN ..................... ___ ._ ............................................... a Notaryd'ublic in and for said County. residing therein. duly
. . SIMONNE JOHNSoN ~~::~s:~n:! t;\,:w;~:·lt~~~n~.lrn~:ic:a~~If~h~·'j:i~;;t~;d··A~~id;·~;··~·~d"i~'d;-;;;~i~;
Company, the Corporation described in and that executed the within instrument, and
also known to me to be the person ...... who executed it on behalf of the Corporation
therein named, and ...... he ...... acknowledged to me that such Corporation executed the
same.
fJ.n.. W.il.nJM.i.. W~, I have hereunto set my hand and affixed my
Official Seal, at my office, in the said County. the day and year in this certificate first
above written.
My Commission will Expire ......... J,9.::::;v..~3 ................... .
Form &-3663-0 Printed in U. S, A. 3-'61 Ngt:uy Pl,lbUc in /lnd (or Solid Onmty, Sbtt' of Califotni;i
Bond No •... 5033854
Cc;mtract. BQnd
Public Work -California THE HARTFORD Premium Charge .. $817.00
Hartford Plaza, Hartford, Connecticut 06115
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we,
. cI;IA§.:r:..C:9Ji!N:r:NGl.fA11C:9., .... :P.Q.I3Q:X:42.5,QAI<[)~I':I.GAJ:.:r:fQW'!:r:1\<:J:;3.Ei:L. ......, as Pri nci pa I,
and the HARTFORD ACCIDENT AND I NDEMNITY COMPANY, a Corporation organized and existing under the laws of the State of Connecticut
and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto ................................ .
.... CITY ... OF ... .cUPERTINO, ..... GAJ:.:rfQ~:r:1\ ......................................................... .
in the sum ofSIXTY.EIGHTTHOUSANDONE.HUNDREDTWENTYONE&~VOI~7s ($ ..... Ei$..,.:L..6:L. .• ..:3.?.:::.:::.:::.:),
lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, exec-
utors, administrators, successors and assigns, jointly and severally, firmly by these presents.
SIGNED, sealed with our seals, and dated this ...... . 1;lTH ........ day 01. ........•... W\,RG,I:l ....................................................... , 19 ... 80
The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a contract dated ...
.. ....... ......., 19.~.9., with said .......... G.I.'r.X .. ..Pf..GID:'J;:R'J:'I.NQ
PROJECT 80-31
AND SIDEWALKS.
.......... to do and perform the following work, to-wit:
RECONSTRUCTION OF CURBS, GUTTERS
NOW, THEREFORE, if the above-bounden Prrncipal shall well and truly perform, or cause to be performed, each and all of the requirements
.' and obligations of said contract to be performed by said Principal, as in said contract set forth, then this bond shall be null and void; other-
wise it shall remain in full force and effect.
CHAS. I •. CUNNINGHAM CO •.......................................
HARTFORD ACCIDENT AND INDEMNITY COMPANY
ByR .. ~ ....... ""... VI.-..JJ
Attorney-in-fact
~"""""-:;>---.... (SEA L)
Form 5-3665-' Printed in U. S. A.
v
HARTFORD ACCIDENT AND INDEMNITY COMPANY
i{artfOf'd, Connecticut
POWER OF ATTORNEY
Know all men by these Presents. That the HARTFORD ACCIDENT AND INOEMNITY COM~
PANY. a corporation duly organized under the laws ot the State of Connecticut, and having its princlpal office in Ihe City
of liartford. Count)' of Hartford, State of Connecticut. does hereby make. constitute and appalnl
c. C. JOHNSEY .nd/or SIHONNE JOII!ISON
of FaESNO, CALIFORNIA,
Its true and lawful AttomeY(Srin~Fact, with full power,and authority to each of said AttomeY(S)-in·Fact, in thefr separate
capacity if more than one 1s named above. to sign. aKecute and acknowledge any and all bonds and undertakings and
other writings obngatol)' in 1he nature thereof on behalf of the company In 1Is business 01 guaranteeing the fideUty at
persons holding praces of publ1c or private trust guaranteeing the performance of contracts other than Insurance poli-
cies; guaranteeing the performance 01 insurance contracts where surety bonds are accepted by states and municipal--
ities. and executing Or guaranteeing bonds and undertakings required or penniUed in all actions or proceedings or by
law allowed,
in penalties not exceeding the sum of ONE MILLION DOLLARS ($1,000.00.00) each,
------------------... _-------':"'" -----------""... . ---
and to bind the HAR~ORD ACCIDENT AND INDEMNITY COMPANY thereby as fully a.nd to the same extent as if
such bonds and undertakings and other writings obligalory In the nature thereot were signed by an Executive OffICer Of
the HARTFORD ACCIOENT AND INDEMNITY COMPANY and sealed and attested by one olher ot SUch Officers. and
hereby (atifies and confirms all that Its said Attomay(s}-in-Fact may do In pursuance hereof.
This power at attomey is granted by and under authority ot the following provIsions:
(1) By-laws adopted by the Stockholders of Ihe HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meet·
ing duly called and held on the 10th day of February, 1943.
AAT1CLE IV
seCT10N 3. 'fb(I PteSdent or any ViC&-PteSi~nt. acting with any Secmtary or AsSistant Seerewy. Shall have' power and autt"IOntr to appoinl. lor purposes onlv of executing and attesting bonds and undertakngs and other writings Obli1]atory in the nature thereof, one or more Aes'denl
Vice-Presidents, ~dant AssistarJ: SecmtllriH and AttQml1ys·jn.f'act and 41 any time to remove aNi such Ae$ident ViC&-Prosidetlt, Residem Assis· tant Secretary, or Attorney-In-Fact, and revoke Iha power and authOrity given to him, SECTION 11. Attorneys-in-Fact sha:J havo power and authority, subject to the terms and llm:.tru:on$ of the power of ettomay issued 10 them. to ellSClJie and deUver on beMlt ot l.I'Ie Cootpany and to a:!:acn the seal of the Company th(l[e\o any l!l"Id all bonds and undertakings. and ott'.er wfitings ob'JgatolY III the nJ1l1lre thereet. and any suCh instrument ~¢uled bV any sud; Attorney-in-fact shaD be as binding upon the Companv as if signed
by an ExecttWs Ottiear and sealEd and attested by one other of such Officers.
(2) Excerpt from the Minutes of a meeting of the Board of DireC10rs ot the HARTFORD ACCIDENT AND lNDEM~
NITY COMPANY duly ca.rled and held on the 11th day of June. 1976:
RESOLVED: Robert N. H. Senet, Asss1ant Vice·President and Thomas F. OE/laney, Assistanc Vic.,...president. $hall each h<;'lYIJ as long as he
hOldS suCh office th$ sam~ pawel Many Vrce.Presi(Mn1 under Sections 6. 7 and a 01 AnIcla IV of !he By-laW$ of the Company,
This power ot attorney is signed and sealed by facsimile under and by the aUlhority of the following Resolution
adopted by the Dlrectors of Ihe HARTFORD ACCIDENT AND JNDEMN!TY COMPANY at a meeting duly called and
held on Ihe 6th day of August. 1976.
RESOLVED, lba!. whereas Robert N. H, Saner, Ass/stant 'Ilce-Pwsidont and Th01MS F. Oe1aney. Assistant ViorP~siCOOr. mng "";(h any Secretaly or AS$lsw:nt Secretary. each ItaV(lthO power and authMty, as: long: M he hOlds sum OffiOEt. fO apPOO1l by a power of attorr.ey, tor putpOS$S only Of eJilI3CI.lt:.19 and attesting bol'lds and ul'ldertaldngs arvj otr.e( writings oot;g:at:>l)' In the natur& themo', one Of mOle Resid:ent Iilec-Pfe:et-den!$, Asslstanl Sectetaries llt'Id Ano.-nsys-in-Fac1;
Now, lJIerelore. !he si,gr.alures 01 such Olficsl'$ and lJIe seal 01 the CoIllP!llW' may be affixed to any such pow$!' «, attorney or to sny ce~'leete relaling thereto I:n' lsesimlie, and any SUCh power 01 attorney Of eert!licate beirlno Such facsimile sigoatur'l$ or fac:Slmlle se(l.! shall be vald and binding Lpen !he Company and any such power $0 executed alld ool1Hled by f;1~ifflllfl signatures ef\dl facsimile seal shaU be vaijd and binding uPOr'l
the COffl?any In tI'.e future WIth rtl~p!ltCt 10 any bond or uOOart<llcing to which it is attached,
In Witness Whereot, the HARTFORD ACCIDENT AND INDEMNJTY COMPANY has caused these presents to be
signed by its Assistant Vice-.President, and its corporate seal to be hereto affl;.:ed, duly adested by its Secretary, this 9th
day 0' August, 1976, Attest: HARTFORD ACCIDENT AND INDEMNITY COMPANY
~L #~ ~~:f: &A£_A. ?( ;:-0I.I91as H. ~$r. sacretary ~ ~
STATE OF CONNECTICUT, I
COUNTY OF HARTFORD, I'"
Thomas F. oerar.ey
~t Vico-P/esir.mnt
On this 9th day of August. A.D. 1976. before me personally came Thomas F. Delaney, to me known, who being by
me duly sworn, did depose and say: Ihat he resides in the County of Hartford, Stale ot Connecticut; that he is the
Assistant VlccrPrasldent of the HARTFORD ACCIDENT AND INOEMNITY COMPANY. the corporation described In and
whiCh executed the above instrument: that he knows the seal ot the said corpomtlon; that the seal affixed to the said
instrument is such corporate seal; that It was so affixed by order of the Soard of Directors of said corporation and that
he Signed hIs name thereto by like order.. ~ ~,. OJ17 .. !_, ~A' ~t"",··.'i ~ ~ ~,,-=::). . STATE OF CONNECTICUT. f ~ Giona M<lletM, Norary Pub!:e
$$, My Comm-Issien ellS:1lr8S March 31, 1978 COUNTY OF HARTFORD, CERTIFICATE
I, the undersigned, Assistan( Secretary 01 the HARTFORD ACCIOENT AND INDEMNITY COMPANY, a Connectl·
cut Corporation, 00 HEREBY CERTIFY that the toragoing and attached POWER OF ATTORNEY remains in full force
and has nol been (evoked; and furthermore. that Artrcfe IV. Sections 8 and 11, 01 the By-Laws oUM Company. and the
Resolutions ot the Board of Directors. set forth in the Power of Attorney. are now in force,
Signed and sealed at the City of Hartlord, D • ."d the 19th day 01 March t9 80 • A.!;$istant Secre/aty
,
\ ~
)
On this .... ~9.th. ... day of...MA.RCB. ................ .in the year one thousand nine hundr~d and .......... EIGHTY ................. , before me,
......... RUSSELL .. CRAllEN ....................................................................... , a Notary Public in and for said County, residing therein, duly
commissioned and sworn, personally appeared.SIMONNE .. JQHNSPR .•...........................
known to me to be the Attorney-in-Fact of the Hartford Accident and Indemnity
Company, the Corporation described in and that executed the within instrument, and
also known to me to be the person ...... who executed il on behalf of the Corporation
therein named, and ...... he ...... acknowledged 10 me that such Corporation executed the
same.
f).JL W.iJ:JultuL W~, I have hereunto set my hand and affixed my
Official Seal, at my office, in the said unty, the day and )'ear in this certificate first
above written.
My Commission will E"pi;e .... ~~~.~J. ......................... . ~ ........ ~ .................. .
Form S.3663~O Printed in U. S, A. J·'61 Notary Public.in and for ,.:lM County, State of Clllifomj",
Contract Bond
P[iblic Work -California THE HARTFORD
Hartford Plaza, Hartford, Connecticut 06115
5033854 Bond No., .u .. ,., ...................... , .... "." .............. ..
Premium Charge included in Premium
Charged tor Performance Bond
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS;
That we,
..... ~~s.~ .. ~... ctJ"ml.Itqc;~~~! P.O. BOX 4~~.!.?~~E: .. I ..... ~~.ll?~ . .I.l\ .... 9..:?3..ti.1 ................ , as Principal,
and HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Corporation organized and existing under the lawsofthe State 01 Connecticut and
authorized to transact surety business in the State of California, as Surety. are held and firmly bound unto the State of California for the use
and benefit of the State Treasurer as ex officio treasurer and custodian of the Unemp(oyment Fund 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
work contracted to-be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting
or hiring teams, or implements or machinery. for or contributing to said work to be done. and all persons performing work or labor upon the
same and all persons supplying both work and materials as aforesaid, in the sum of ............ $.:J;XU .... ll:IGJl:T. .... ruQQ'$.1.\NIL ............... ,
ONE HUNDRED TWENTY ONE AND 35/00 ********************* 68,121.35 ...................................................................... ................................. ,......................................... .......................................... , Doliars ($ ...................................................... ),
lavrlul money of the United States of America. for the payment whereof well and truly to be made, we hereby bind ourselves. our heirs,
executors, administrators, successors and assigns. jOintly and severally, firmly by these presents.
19TH MARCH SIGNED, sealed with our seals and dated this ..................................... dayof ................................................ . 80
••• ,."' •••• H ....... '" ...... -.......... " ........ _.,_ •• ,. .. ,., 19 ........ .
The condition of the foregoing obligation is such that, whereas the above-bounden Principal has entered into a contract, dated ............ ., ......... , ...... .,
MARCH 19 80 . THE CITY OF CUPERTINO ............................................................... 19 ........ , with ....................................................................................................................................................................................................... .
PROJECT 80-31
AND SIDEWALKS.
. " .......... .to do and perform the following work. to wit:
RECONSTRUCTION OF CURBS, GUTTERS
NOW THEREFORE, il the above·bounden Principal, or .................... .ITS ......................................................................... , ..................................................................... .
sub-contractor, fails 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 under said contract, or for any work or labor done thereon of any kind, or for amounts due under the Un-
employment Insurance Act with respect to such work, the Surety on this bond will pay the sl!lme, in an amount not exceeding the sum speci~
fled in this bond, and. also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court and to be taxed as costs
and to be included in the judgment therein rendered; PROVIDED that this bond is flied by the PrincIpal to comply with the provisions of
Chapter 7, Title XV of the Civil Code of California and other applicable provisions of said Title XV relating to PubliC Work and liability here-
under is subject to the provisions of said section and acts amendatory thereof, and sections of other codes of the State of California re-
ferred to therein and acts amendatory thereof.
CHAS. I. CUNNINGHAM CO.
HARTFORO ACCIDENT AND INDEMNITY COMPAN'f
BY .. ~.lli-Q~._ .... ·'._·~ "'-'''''-'--.-.... -.... -................ (SEAl)
Attorney·,"·lact. SIMON E
$-3674-1 Printed in U. S. A.
,',/
, .
['
I
I
I
i I
i
--,
, '
I
: ....
I ,
I
f >'
HARTFORD ACCIDENT AND INDEM"ITY COMPANY
,~ H.rtfQtd. i:onrutcUcu!
",--~~
POWER OF ATTORNEY
, Know, all men by tII"_ Pre._nts,That the HARTFORD ACCIDENT AND INDEMNITY C.oM·
PANY, a corporation, duly organIzed under lhe-'Iaws 01 the..State ot Connecticut. and having its prit:l9lpal office in the CitY
at Hartfo{d, CountY 'of H~rtford. State o! Connecticut, does,hereby.make, constitute and ap~nt ,:
C, C, JOHNSEY and/or SIMONNE JOBNSON
of . FUSNO,",cALIFORNlA,
'~ true and la~· At!Omey(S)~in-Fact. wilh. f_un.,power.and authority ,to ea~h of-said Anomey(s)~ln~Fact. in their separaie
capacity if more than 'one IS. named a!JOve. to sign;, execute. an'd acknovtledge any and all bonds and undertakings and'
other writings Obfigatory in the nature thereof on, behalf· ,of ,the, c,ompany in its business of guaranteeinQ the '1.;Ie-IIt)' of
persqns 'hokilnQ pisCes 0' public or privat~ trust; guaranteeing the perlrirmanca of contracts other than. Insurance 'poli~ ::!~; gua-ta~teel~g the pertqrma~ce 01. int3urance 'coottacts 'whe~ surety bonds ar.~' ~ccepteq by s~tes and tylun~aI
lties, and executing or guaran~e!ng bon~s· and uodertaklngs required or pennitted' iO. all actions or .proceedings or by
law allowed, '
in 'Pena-lt1:es ,~t ext;eeding the sum of ONE MILLioN DOLt.AA.S (~l,OOOtO,O.qO) eac;h.
. ~-'-:----..... -. --' -----~ ----....... _--. ---' , , ,
. -..;...-.----'.
and 10 bind ''''' HARTFORD' ACCIDENT AND INDEMNITY COMPANY Ih_by as fully and to the same extent as if
such bonds and undertakings and other writings Obligatory In the na1ui'e .there6f.wete signed by:.an -EXecutive Officer'of
the HARTFORD ACCIDENT AND-.INOEMNITY COMPANY and sealed .;tnd attested by one' other,'of such Ottlcers, arid.
hereby ratifieS 'an~ Confirms all that its said' Attomey(sHn-l7:a,ct may do in pursuance hereof. .'
-This power a! attorney, is granted by and under ~uthqrity' of ttle 'fonowi~ p(ov~sions;,. '
(1) By·Laws adopted.by the Slockholde .. althe HARTF.oRD ACCIDENT AND INDEMNITY COMPANVai a """".
ing du~y caUed and held on the 1Oth!day of February, 1943. :-
AAl1CLE IV
SECTiON 8, ,The: Pro!ridant or any, Vk:e-PfeSidflnt, acting witt! any secretary or A$i!lIMant 5&etetary, !iNI! haliEi POWii'" and avl.tIOrity'to-8pWiot,. lor pUfPOS!iS only DfJIJecutlng and attesting bonds 'and undertaldngs arid o1her writings obIigatofy !n the: natlJl'O 1heroot, one-or, more ACsldent Vh::e-Presidents. R;¢dettt Assistant Secmtanes and Attarneys:.in-Fact and at any tima to refTlOVjJ ;my wch Resident ~esidenI. Resident 'A$ais-
tan! Seeretaty, or'Attomey·Jn-Fad. and revoke lno power and ~ gillen'lo him.·\ , "' seCTION't1. Attorneys-in·Fact shall have j)O'M'.It and ~, SlJOj$Ct tcrthe tenns and :,mllBUons althe po-wei Of attomey iss\1eQ. to them. to ~lle'CUte and delIVer on bellalt 01 the q,tnpany arid to attam the seal oj the .Company.tt;ereto any and aC bonds and uooeitaklngs. ana otIutr WIiting$ obIl~ In the nature .theiflof. and any -such jnstrUft'WmAt~ed by any Such Attomey.ifl-Fad,stmU be &$,bindif19 upOn Ihe Company as'lf ~ oy an Elleeutive 'OfJicer 'and sealed·aM,attested by,ooo Qthef OI,such,OffICQ($. --,
(2) Excerpt 'rom the Minutes 01 a meeting of Ihe Board of Qtreetors of the HAR~ORD ACCIDENt AND, I~DEM~ ,
NITY C.oMPANY duly caned .~nd held on ,the 11th day 01. J,!"", 1976: . .
f\ESOLvett Aobert'N" H: Senet', AsSiSiMt Viee-PllWden: and ,TI'lomaS F. Delatl4ty, Autstairt'Vme-Pre-sidenL $hall each I't3v& u ro.ng as hq
hOil;lS s~ q!l'ica the:&ame ,I»'*ll,r as'ru'\y'Vio&-Pre-S"id8fl1 uflde-t Sections ,6, 7. and a 01 M«:ie IV',of lheJ3)"L~S 01 the Coinpany, -
This power Of attomey is signa<! 'and ,sealed bv facsiniile under and by'the authority of the, fOlloWing ResOlution
adopted by the DireCt.""' 01 the HARTF.oRD ACCIOENT AND INDEMNITY c.oMPANY al a me.Ung duty called and'
held on the 6th ~ay -of August. 1976. , ' -
RE$OLVEq, 'That, wtleteas Aooert;N. H. SeMt. ASSls!ant vu:c-PfE)$lOOl1l:and ,Thomas F. Delaney, MSlSlat1t Vlce,President ~hg: wftn 'any Saerotary or As$lstant Seetataty, each have the power and authollty. as lMg as he hOlds suctJ offlce"to appoint by a power ot a(tomey, for PUI'(I¢HS
only 01 ,(f~CU1iog and attesting bonds and tmdertakklgs ana other ... ntIngs obligatory In tile nature Dlemof, one ,or fT\Qnf Res«:iern Vlce---P,":tsi· diIn1s, ·Aeslstam ~9Carie9-and AttorlleyH'l..f'act; . '
Now, therefore-, the sign-atl,lres 01 sUCh offic8-n; and tho $&.tI oHhe Company miD' be aIti¥fld tI),any suct'l power of ~ or 10 any ceftlUte
(olating ~emto by facsimile, and ~my such pOwer. 01, attDft'ley or certifw::ate bearing Sucfl ,lacsimHa's/gJ'Ulltures 01' facsimile saw ,halt ,be valid and
bll1dmg upon tl'!e Company and any stICh power so 9.X9Ct.!il\ld and certrl16d by lilcsiml!e Slgnaturmun_d facSilT\lla seal shall be valid aftd,blnl1lng upOn
the Coinpany m ,the Mute With r~ to'snY,'PClnd'Ol, undertalVng 10 which it 13 ll1t~' -'.'
In WHne •• Wh_f, the HARTFORD ACCIDENT ANDJNOEMNITY COMPANY has caused the.e presents to be
sign&d by Its Assistant Vice-President, and its corporate seal to be here~o affixed, duly attested by its _SecretalY. lilJs"9th
day of August, 1976. ,
Attesl: , • HARTF.oRD 'ACCIDENT ANO, INDEMNITY COMPANY P~;'la~;:.2;,o ., ~:t: dJ~
" • ,," Thomas F. Delaney
STATE .oF CONNECTICUT; I
C.oUNTY .oF 'HARTFORD, I so,
AssIstant Vice-Pfesidall!
On this ~!day'-cif Augu$t, A:D. 19115. ,before me personally came Thomas F. Delaney, 10 me knowri:, who being by
me. ~wy swom-. did depose and' say: that he resides in the County of Hartford, State ot Con'19Clicut: ttJa_t he is the
AssiStant Vice-President of the HARTFORD ACCIDENT AND ,INDEMNITY'COMPANY, the corporation described In and'
-which executed Ine aboVe instrument: that he, knows IhB sea!' of the said corporation; that the seal aH.ixed to the satd: l~rn8nl IS' such ocirpora'e_ seal; that il was so at!hu!)d' by order ot the Board of Directors ot said corporation and Uial
hjjl sJgney' his. na~ ,th,e-f.eto ,by .lIke .order. ~.',' '... Dh<1_ ....... ~A J '!tf,;,::"~'.~: ~-'T~
, STATE OF CONNECTICUT, l . \:(~.{~ , Giona MatOlas. NOta/'l Public
'COUNTY o~ HARTFORD; 1 SS, • CERTIFICATE My CofllmlS!Mn E.-plres March .. 31, 1918.
I, the undersigned, ASsistant ~Secretary of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a CQMacU"
cui Corporation, 00 HEREBY CERTIFY that t~ Io.~oing anq attach~d POWER OF ATTORtJEY. remains in full tofCj9
and has not been rsvQksd: and 'furthermo!JJ. that Article IV, seeMI"I5-'6 and ,11, of the By~Laws of, the Company; and the
Aesol~lions Qt,the ~oard of Directors, set,forth in 'the !:'a,we! f~¥:.~ey, ~re t:IOw il"l:t~e. .h ··80 F,~:::~::~~:~:t Ih. Ci~ 01 Ha~Drd, Datedo, ,!daYOf~;L. ~:. __ .
(/-~;:;n~,
AlI8I-s/silf seCfClaty