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80-027 Calhoun Brothers, Crescent Rd Pedestrian Walk, Project 80-54 • v�v Cites of Cupertino • 10300 Torte Avenue Cupertino,California 95014 • Telephone (4(M) 25?-4505 • July 16, 1980 Calhoun Brothers • 305 Willow Hill Court Los Gatos, CA 95020 ' CRESCENT ROAD PEDESTRIAN WALK, PROJECT 80-54 We are forwarding to you' for your files a fully executed copy of the agreement by and between the City of Cupertino and•Calhoun Brothers. • • Sincerely, - ,-4- -fir, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO so • encl. • • . N • . CONTRACT FOR PUBLIC WORK . CONTRACT made on July 16, 3380 . :by the CITY OF CUPERT_NO , a municipal corporation of the State of California, " hereinafter called the •City, .and CALHOUN BROS. GRADING & PAVING hereinafter called the Contractor. • IT iS HEREBY AGREED b'y the parties as follows : • 1.. The Contract Documents . The complete Cantr?ct con- sists of the following contract documents : a. The plans and specifications entitled, "Crescent Road Pedestrian Walk • Project 80-54" b. Various bond and insurance requirements C. Bid proposal attached hereto as "Exhibit A" • • Any and all obligations of the City and the Contractor are fully set forth and described therein. 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 con- tract are sometimes hereinafter referred to as the Contract Docu- ments . In case of conflict between the Plans and Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. The Work. The Contractor agrees to furnish " al_ of the tools , equipment , apparatus , facilities , labor, transporta- tion, and material necessary to perform and complete in a good and workmanlike Tanner, the work of CRESCENT ROAD PEDESTRIAN WALK PROJECT 80-54 • • . as called. for, and in the manner designated in , and in strict Conformity with , the Plans and Specifications prepared by the following named person: • 4 Bert J. Viskovich, Director of Public Works and adopted by the City , which Plans and Specifications are en- titled, respectively , Crescent Road Pedestrian Walk Project- 80-54 and which Plans and Specifications are identified by the signa- tures of the parties to this Contract . It is understood and agreed that said tools , equipment , apparatus , facilities , labor, transportation , and material shall be• furnished , and that said work shall be performed and completed as reauired in said ?lens and Specifications under the sole .direction and control of the Contractor, but subject to the inspection and approval of the City , or its representative . The City hereby designates as its representative for the purpose of this Contract the 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 SEVEN THOUSAND FOUR HUNDRED DOLLARS ($7,400.00) • subject to additions and deductions as provided in the Contract . Documents . 4. Disputes Perta_ninz to Payment for Work . Should any dispute arise respecting the true value of any work done , of any work omitted, or of any extra wor!k. which the Contractor may be required to do , or respecting the size of any 'payment to the Contractor during the performance of this contract , said dispute shall be determined either by reference to the unit of prices , if applicable , or in accordance with the agreement of the parties , or in accordance with the rules of the American Arbitration Association if the parties are unable to agree . 5. Permits ; Compliance with Law . The Contractor shall , at his expense , obtain all necessary permits and licenses , ease- ments , etc . , for the construction of the project , give all neces- sary notices , pay all fees required by law , and comply with all laws , ordinances , rules and regulations relating to the work and to the preservation of the public health and safety . 6 . Insbection by the City . The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts cf the work, and to the shops • • • wherein the work is in preparation . Where the Specifications ' require work to be specially tested .or approved,. it shall not • be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice , approval , or consent , it must , if required by the City , be uncovered for examination at the Contractor' s expense . 7. • Extra or Additional Work and Changes . Should the City at any time during the progress of the work require any alterations , deviations , additions or omissions from the Speci- fications or Plans or other-Contract Documents , it shall have the right to do so , and the same shall in no way affect or make void the contract , but the cost or vaJ,ue thereof will be added to , or deducted' from, the amount of the contract price , as the case may •be , by a fair and reasonable valuatfon , which valuation . shall be determined either by reference to the unit prices , if applicable , or in accordance with the agreement of the parties , or in accordance with the rules of the American Arbitration Ass ocation if the parties are unable to agree . No extra work shall be - performed or change be made except by a written order from the City , duly authorized by resolution of its governing body , and by all agencies whose approval is required by law , stating that the extra work or change is authorized , and no • claim for an addition to the contract sum shall be valid unless so ordered. • 8. Changes to Meet Environmental Requirements . The . City shall have the right to make changes in this Contract during the course of construction to • bring the completed im- provements into compliance with environmental requirements or standards established by state and 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 with the agreement of the parties , or in accordance with the rules of the American Arbitration Association if the parties are unable to agree . • • 9 . Termination , Amendments or Modifications .. This Contract may be terminated, amended or modified, with the mutual consent of the parties . The compensation payable , if any , for such termination, amendment or modifications , shall be deter- mined either by reference to the unit price , if applicable , or in accordance with the agreement of' the parties , or in accordance with the rules of the American Arbitration Association if the parties are unable to agree . 10 . Time for Completion . All work under this Contract shall be completed f before the expiration of twenty (20) working days from the approval of this contract. -3- • • If the Contractor shall be delayed in the work by the • .acts or neglect of the City , or its' employees , or those under • • it by contract or otherwise , or by changes ordered in the work , or by strikes , lockouts by others , fire , unusual delay in trans— portation , unavoidable casualties or any causes .beyond the Con— tractor' s control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay , then the time of completion shall be extended accordingly . This paragraph does not exclude the recovery of dam— ages for delay by either party under other provisions in the Contract Documents . 11. inspection and Testing of 'Materials . The Con— tractor shall notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract , in order that the City may arrange for mill or factory inspection and testing of the same , if the City requests such notice from the Contractor. • 12. Termination for Breach , etc . If the Contractor should be adjudged a bankrupt , or if he should make a general assignment for the benefit of his creditors ; or if a receiver Should be appoir_ted . on account of his insolvency , or if he or any of his subcontractors should violate any of the provisions of the .Contract , the City may serve written notice upon him and his surety of its intention to terminate the Contract , such notice to contain the reasons for such intention to terminate the Contract , and, unless within ten days after serving• of such notice , such violation shall cease and satisfactory arrangements for correction thereof be made , the Contract shall, upon the expiration of said ten days , cease and terminate . In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract ; pro— vided, however, that , if the surety within fifteen days after • the serving upon it of notice of termination does not give the City written notice of its intention to take over and perform the Contract , or does not commence performance thereof within thirty days from the date of the serving of such notice , the City may take over the work and prosecute the same to completion by contract , or by any other method it may deem advisable ,. for the account and at the expense of the Contractor, and the Con— tractor and his surety shall be liable to the City for any ex— cess cost occasioned by the City thereby , and in such event the City may , without liability for so doing, take possession of, and utilize in completing the work , such materials , appliances , plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13. -The City ' s Biz.ht to Withhold Certain Amounts 2nd Make Application Thereof. In addition to the amount which the • • —4— • • • • City may retain under Paragraph 21 of this Contract until the final completion and acceptance of all work covered by the Con- tract , the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Contractor or any subcontractors • for labor and services rendered and materials furnished in and about the work . The City may apply such withheld amount or amounts to the' payment of such claims in its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial eterminati on of the claim or claims . 14 . Notice and Service Thereof. Any notice from one party to the other under the Contract shall be in writing, and shall be dated and signed either by the' party giving such notice , or by a duly authorized representative of such party . Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to the City , either by personal delivery thereof to the City ?^ana- ger of the City , or by depositing the same in the United States • mails , enclosed in a sealed envelope , addressed to the City , postage prepaid and certified; (b ) if the notice is given to the , Contractor, either by personal delivery thereof to the Contrac- tor, or to his duly authorized representative at the site of the project , or by depositing the same in the United States mails , enclosed in a sealed envelope , addressed to said Contractor at 305 Willow Hill Ct. - C Los Gatos, California 95020 postage prepaid and certified; and ( c) if the notice is given to the surety or any other person , either by personal delivery to such surety or other person, or by depositing the same in the United States mails , enclosed in a sealed envelope , addressed to such surety or person, as the case may be , at the address of such surety or person last communicated by him to the party giving the notice , postage prepaid and certified. • 15 . Assignment of Contract . Neither the Contract , nor any part thereof, nor moneys due or to become due thereunder, may be assigned by the Contractor without the prior written ap- proval of the City . • 16 . Compliance :Iit(h Specifications of l''iateri215 . nen- ever in the Specifications , any material or process. is indicated or specified by patent or proprietary name , or by name of manu- facturer, such Specifications must be met by Contractor, unless the City agrees in writing to some other material , process or article offered by Contractor which is equal in all respects to the one specified. • -5- • • • 17. Contract Security . •The Contractor shall furnish • a surety bond in an amount at least equal to one hundred per- • cent (1005) of the contract price as security for the faithful • performance ,of this Contract . The Contractor shall also furnish • a separate surety bond in an amount at least equal to one hundred percent (1005 ) of the contract price as security for the payment of all persons for furnishing materials , provisions , provender, or other supplies , used in , upon, for or about the performance of the work contracted to be done , or 'for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract , ' and for the pay- ment of a reasonable attorney ' s fee to be fixed by the court in •• case suit is brought upon the bond. • 18 . Insurance . The Contractor shall not commence work 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 allo,•r any subcontractor to com- mence work on his subcontract until all similar insurance re- quired of the subcontractor has been so obtained and approved. The Contractor shall furnish the City Mi•th satisfactory proof of- the carriage of insurance required, and there shall be a Specific contractual liability endorsement extending the Con- • tractor' s coverage to include the contractual liability assumed • by the Contractor pursuant to this Contract and particularly •Paragraph 19 hereof. Any policy of insurance required 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 any pending change in the limits of liability or of any cancellation or modification of the policy . (a) Workmen ' s Compensation Insurance and Em- ployer' s Liability Insurance . The Contractor shall take out and maintain during• the life of this Contract Workmen ' s Compen • sation Insurance and Employer' s Liability Insurance for all of his employees employed at the site of the project and, in case any work is sublet , the Contractor shall require the subcontrac- tor similarly to provide' Workmen ' s Compensation Insurance and Employer ' s Liability Insurance for all of the latter' s employees 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 : "I am aware of• the provisions of' Section 3700 of the Labor Code which require every em- ployer to be insured against liability for workmeh ' s compensation. or to undertake self- insurance in accordance with the provisions of • the code , and I will comply with such provisions • -6- • • before commencing the perforhance of the work of this contract . " (b ) Liability insurance . The Contractor shall take out and maintain during the life of this Contract such • Bodily Injury Liability and Property Damage Liability Insurance as shall protect him and any subcontractor performing. work cov- ered by this Contract from claims for damages for bodily injury , including. accidental death , as well as'sfrom claims for property damage , in -cludi ng third-party property damage , to include coy- erase on property in the care , custody and control of the Con - tractor, and also in *cluding what are commonly known as the "X, C , and U" exclusions (having to do with blasting, collapse , and underground property damage ) , which may arise from Contractor' s operations under this Contract , whether such operations be by himself or by any subcontractor or by anyone directly or in- directly employed by either of them and the amounts of such in- surance shall be as follows : Bodily Injury Liability Insurance in an amount • not less than $ 300,000.00 for injuries , including accidental death, to any one person , and, subject to the same limit for each person , in an amount not less than $ 500,000.00 , , on account of one accident , and Property Damage Liability Insurance in an amount not less than $ 200,000.00 L The City and its officers and employees , shall be named as additional insureds on any such policies of insurance , which shall also contain a provision that the insurance afforded thereby to the City , its officers and employees , shall be primary insurance to the full limits of liability of the policy , and that , if the City, or its officers and employees , have other insurance against a loss covered by such policy , such other insurance shall be ex- cess insurance only . • (c) Fire. Insurance . The sha t out and maintain- for the benefit of both parties t • Contract, surance covering loss by fire , extende average en- dorsement ger__ windstorm, hail , explosio ot , riot attending a strike , civil Ccm.. `ion , aircraft , va• _c es , smoke ) , and van- dalism and malicious miscPt*Q ' uo. :.. e entire structure on which the work of this Contract ' bs..„cione to one hundred percent (1002 ) of the insurab1 alue thereoTh -- oper evidence of such insurance shall Burnished to the . If the City provi the fire insurance hereunder, and t..., ntracter desi = - oroader protection than the perils of loss by tip ex- ded coverage endorsement perils , and vandalism and malicicu Supply in or ex , as the case may be , in the blanc . -7- • City will attempt to obtain such broad=s_ ei—an - - • and the Contr=cto -;ana-aaaadi ,ioaal cost for such .. _ :.eccion. - .. 19 . Hold Harmless . The Contractor will save , keep , and • hold harmless the City and all officers , employees , and agents thereof from all damages , costs , or expenses , in law or in acuity , • that may at any time arise or be set up because of personal in- jury or damage, to property sustained by any person or persons by reason of, or in the course of the performance cf said work , or b.y reason of any infringement or alleged infringement of the • patent rights of any person or persons , firm or corporation in consequence of the use in , _on , or about said work, of any article or material supplied or installed under this Contract . Notwith- • standing the above , the Contractor shall wherever 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 may be required to protect the public . The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public. 20. Hours of Work. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all work • done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract , upon the work or upon any part of the work contemplated by this Con- • tract , shall be required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one - calendar week, except , as provided by Section 1815 of the Labor Code of the State of California, work performed by employees of contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation . of Sections 1811-1815 , inclusive , of the . Labor Code of the State of California, all the provisions where- of are deemed to be 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, workman , or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code . The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar day and each calendar week by all laborers , work- • • -8 • - • . men , and mechanics employed by him in connection with the work contemplated by this Contract , which record shall be open at all reasonable hours to the inspection of the City or its offi- cers or agents and to the Division of Labor Law Enforcement of the Depar-me7nt of Industrial Relations of the State of California. 21. ?Nape Rates . Pursuant to the Labor Code of the State of California, or local law thereto applicable , the City has ascertained the general prevailing'.rate of per diem wages and rates for holidays and overtime work in the locality in which this work is to be performed, for each craft , classifica- tion, or type of laborer, workman , or mechanic needed to execute this Contract . The prevailing wages so determined are. set forth • • in the Specifications and made a part hereof. Neither the notice inviting bids nor this Contract shall . constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may, base any claim against the City . • • 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, and mechanics employed in the execution . of the Contract . It is further expressly sti • - pulated that the Contractor shall , as a penalty to the City, forfeit twenty-five dollars ($25. 00 ) for each calendar day , or portion thereof, for each laborer, workman, or mechanic paid less • than the . stipulated prevailing rates for any work done under this Contract by him or by any subcontractor under him; and Con- tractor agrees to comply with all provisions of Section 1,775 of the Labor Code . • In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this Contract any person in a trade or occupation (except executives , supervisory , administrative , clerical , or other non-manual workers as such) : for which no minimum wage rate is herein Specified; the Contrac- tor shall immediately notify the City , who will promptly there- after determine the prevailing rate for such additional trade or occupation and shall -furnish the Contractor with the minimum rate based thereon. ' . The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment . 22 . Accident Prevention. Precaution shall be exer- • cised at all times for the protection of persons (including em- ployees ) and property . The safety provisions of applicable laws , building and construction codes shall be observed. i•iachinery , equipment , and other hazards shall be guarded or eliminated in accordance with -the safety provisions of the Construction Safety order's issued by •the Industrial Accident Commission of the State of California. • -9- • 23. Payment . Not later than the 30th day of each • calendar month , the City will make partial payment to the Co::- • tractor on the basis of a duly certified approval estimate of the work performed and materials incorporated in the project , during the preceding calendar month , by the Contractor, but the City will retain ten percent ( 10 %) of the amount of each of said estimates until the expiration of thirty- five (35 ) days from the date of recording by the City of notice of acceptance .of completion of all work covered by this Contract , if such notice be recorded within ten days after the acceptance of completion of such Contract as evidenced' by resolution of its governing body ; or, if such notice be not so recorded within ten days , until the expiration of ninety-five ( 95) days after the acceptance of completion of such work of improvement as evi- dences by resolution of its governing. body , at which time and not before , the City shall pay to the Contractor the whole of the remaining ten percent ( 10 Z) of said contract price so held back as provided; said certificates to be furnished by and obtained from the City ' s representative stating that the payment or installment • is due upon the basis of work completed • and the amount then due and the City ' s representative shall , be- fore the 15th of each month , deliver. said certificates under 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- ment of the ' defects ", if any , 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, within ten (10 ) days after the times aforesaid, and after written demand has been made upon him for the same , the Contractor may file demand with the City, and, in event said certificates are not furnished within ten (10 ) days thereafter, the same shall become due and payable . • In case the City ' s reoresentatiVe delivers the writing aforesaid, in lieu of the certificates , then a compliance by the Contractor with the requirements of said writing shall entitle the Contractor to the certificates . The payment' of progress payments by the City shall not be construed as an absolute acceptance of the work done up to .the time of such payments , but the entire work is to be subjected to the inspection and approval of the City , and subject to what- ever inspection and approval May be required by law. 24 . . Protection of Public Utilities . The City shall be responsible , as between the parties to this Contract only , for the removal , relocation , or protection of existing public utili- ties , if any , located on the site of construction , but only if' such public utilities are not identified by the City in the Plans and Specifications made a part of. the invitation for bids . • • -10- • • ' The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indi- cated in the Plans and Specifications , other than service lat- erals when the presence of such utilities on the construction site can be inferred from the presence of such visible facili= ties as buildings , and meters and junction boxes on , or adja- cent to , the construction site . The Contractor shall not be assessed liquidated damages for delay in completion of the Con- tract project , as provided in Paragraph' 27 below , when such de- lay is caused by . the failure of the City , or other public utility, to provide :for the removal or relocation of the existing utility facilities . If the Contractor while performing the Contract dis- covers utility facilities not identified by the City in the Con- tract Plans and Specifications , the service laterals as herein- above described•, he shall immediately notify the City in writing. • . 25. Contractor' s Responsibility for the Work . The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an act of God. NEVER-_ THELESS , the Contractor shall , if the insurance premium is a separate bid item, obtain the insurance to indemnify the City for any damage to the work caused by an act of God. "Acts of God" shall include only the following occurrences or conditions and effects : earthquakes and tidal waves , when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California • or by the President of the United States , or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area Subject to the foregoing, the .City shall not , in any way or manner, be answerable or suffer loss , damage , expense or liability for any loss or damage that may happen to said build- ing, work , or equipment or any part thereof, or in , on , or about the same during its construction and before acceptance . 26. Contractor' s Guarantee . The Contractor unquali- fiedly guarantees the first-class quality oI" all workmanship and oI' all materials , apparatus , and equipment used or installed by him 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 the Contractor unqualifiedly guarantees such lesser quality ; and that the work as performed by the Contractor will conform with • the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work , materials , apparatus or equipment , whether latent or patent , revealed to the City t` within one (1) year of the date of acceptance of completion of this Contract by the City , the Contractor will forthwith remedy such defect or defects without cost to the City . • 27. Liquidated Damages . Time shall be of the essence of this Contract .* If the Contractor fails to complete , within -11- the time fixed for such completion , the work hereinbefore men- tioried and described and hereby contracted to be done and per- • -formed, he shall become liable to the City for liquidated darn- • ages in the sum of dollars (S '50.00 ) , for each and every day during which said work shall remain uncompleted beyond such time for comple- tion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely' difficult to fix 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 successors at the time of completion, and the 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 . • • • • • • • • • • • -12- • • IN WITNESS WHEREOF, the parties have executed this . Contract , in duplicate , the day and year first hereinabove written. APPROVED AS TO F :d: CITY OF CUPERTINO, a municipal ��� /�.� corporation h: the State of California, herein called the City City Attorney )/%�, • • BY RY/41/) 41 ayor / • ATTEST: • 1011 • • - OerCity Clerk // r CALHOUN BROS. GRADING & PAVING • • • herein called Contractor • • By !.?!• ,T C '• • Notary acknowledgment required. If a corporation, corporate seal and corporate notary acknowledgment required. • • • • • • • • —13— STATE OF' CALIFORNIA ) ) ss . COUNTY OF SANTA CLARA) On a G , 19(F-0, before me, the undersigned, a Notary Publicn and or said State, personally appeared I . e d_z� . known to me to be the persons whose names are subscribed to the within Instrument, and acknowledged to me,that they executed the same. • WITNESS my hand and official seal. OFFICIAL SEAL DOROTHY MARIE CORtistNI g /. 21 / / // /J '•* .-• jY NOTARY PUBLIC-CALIfuRNlq L t.��/// y' SANTA EARA CUUNTY Notary Public '... and for the County My Commiuion Expires Feb. 17, 1984 of Santa Clara, State of California • CORPORATION ACKTONIEDGESENT STATE OF CALIFORNIA ) • / ) ss . COUNTY OF _ANTA CLARA) , • On , 19_, before me, the undersigned, a Notary ' Publicin and for the said State, personally appeared .t , known to me to be the of , the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, 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 written. • • Notary Public in and for the County • of Santa Clara, State of California , CALHOUN BROS. GRADING & PAVING 305 WILLOW HILL COURT ���°���� LOS•GATOS, CALIF. 95030 BID PROPOSAL CRESCENT ROAD PEDESTRIAN WALK PROJECT 80-54 • TO THE DIRECTOR OF PUBLIC WORKS , CITY OF CUPERTLIO, STATE OF CALIFORNIA: Dear Sir: In compliance with the Plans and Specifications furnished for the Crescent Road Pedestrian Walk, Project 80-54, I, the undersigned, hereby declare that I have read the proposal requirements and hereby propose to do all work required to complete the said work in accordance with the Specifications and/or Plans for the amounts set forth herein on the incorporated schedule. The work shall be the installation of asphalt concrete roadway and walkway as outlined in the Specifications and/or Plans outlined herein. All necessary preparation as well as "cleanup" is included in the prices bid and no extra compensation will be sought. All work will be done in a workmanship like manner and will meet or exceed the embodied requirements and/or the standards stipulated by the City Engineer. The undersigned also understands that the quantities shown below are estimates only, being given as a basis for the extension of the unit prices bid. This extension will be the basis for comparison of bids by the City Council. The City reserves the right to increase or decrease the amount of class or portion of the work or to omit items as may be deemed necessary by the Engineer. A bid bond in the amount of 10% is required. Award shall be to lowest bidder; however, the City Council reserves the right to reject any or all bids . 1/5 . r • ESTIMATED • • BID QUANTITY UNIT ITEM UNIT ITEM PRICE TOTAL ' 1. Lump Sum Excavation, grading and subgrade preparation complete for I OPn p Sca m ®o Dollars/L.S. 2. 560 S.F. • . Provide and install pavement . including asphalt concrete, aggregate base material, prime coat and tack coat complete for one dolt curd • 1 l 50 /S .F. $ •d� J Dollars/S .F. 3'. 930 S.F. Provide and install 2 1/2" asphalt concrete walkway complete for e • a. • a . e• d C'PXTkS C /S .F. $ I132IJ5Sfr Dollars/S .F. 4. 160 L.F. Provide and install 2" x 6" red- wood headerboard complete and in place for -I'Wo dot t trs cu-cl cS•2.UC'Xl`4+-( z ' ve CP 145 7 00 / 2. Dollar/L.F. $ 74OG Cv TOTALl v • • )1)06 • 2/5 • A. BID DOCUMENTS, continued • • BIDDER OUALIFICATION FORM • In further compliance with the specifications furnished, the undersigned submits the fo llowirg .statements as to his exPerience and to his qualifica— tions as a part Of -this proposal, and the truthfulness and accuracy of the information is hereby guaranteed. • (1) How many years has your organization been in business under its present .name? (2) How many years' experience in work comparable with that required under the proposed contract has your organization had by this or ' any other name? (3) Contractor's License No. 3232S ' , State of California, Classification C— 1 -, (4) List work similar in character to that required in the proposed contract which your organization or personnel in your organization - has completed within the past three years. • Year Class, Location ofnWork and for Tem Performed Contract m=ount ,• a. ? I sA2.k. DT:— l 41 i•Ze. /i, ' 90 Qv M. nc1-Ar — 'Rt4' recce -- • 19•0 f14A \., , -G . /1 .7G. — / o1l :R . .� :.IS'jmi 72 ' j0 fire ? c, }+ . hJ ._ ('ei �.1�I • 0 ✓( ! '. (ilO ova " — �.�:....K .ted-C . t! — f nnnnneA. 1 /R Yp. &OCUMEfl'S, continued • • IF YOU ARE IN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE-THE FIRM NAME AND LIST-THE NAMES OF ALL INDIVIDUAL CO-PARTNERS • COMPOSING TEE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AkFIXED. • TYPE OF BUSINESS : Individual • • Co-Partnership • . • Corporation • Joint Venture Other • (describe) NAME AND. SIGNATURE OF BIDDER: --.17?-40r1 `. • (4.X.01.,...-- 3c* w c,zo;.> 1-1 Adaress Date $ 2_7--y0 La 5 6 M i . c A 9r; -'73 Addenda Received: 1 2 3 4 5 • • • • Proposal Page 4/5 , .0 • • Name of Proposed Sub—Contractor, if any (Section 4104 Government Cade) 1. No n!E 2. • 3. • 4. 5. • 6. Address of Shop or Office of Sub—Contractor (Section 4104 Government Code) :. 1. 2. 3. 4. 5. 6. • Work to be performed by Sub—Contractor (Section. 4104 Government Code) 1. �/DrvE _ 2. 1 � • 3. . • • 4. • 5. . • 6. ' • PROPOSAL Page 5/5 r r T V V V V V 'r Certificate of Insurance caw°o THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES' NOT AMEND. EXTEND OR ALTER.THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY Flamer. and Company COMPANIES AFFORDING COVERAGES 330 Distel Circle COMPANY Los Altos, Ca. 94022 LETTER A Royal Globe Insurance Co. COMPANY O LETTER o NAME AND ADDRESS OF INSURED COMPANY C Calhoun Bros. Grading & Paving LETTER 305 Willow Hill Road COMPANY D Los Gatos, Ca. 95030 LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be Issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANY POLICY Limits of Liability in Thousands(000) LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY � IC PYA161118 2-1-83 "L BODILY INJURY a a A �f�yYOMPRENENSNE FORM PREMISES—OPERATIONS PROPERTY DAMAGE $ $ OCEXPLOSION AND COLLAPSE �L��y� HAZARD 6ALUNDERGROUND HAZARD *PRODUCTS/COMPLETED =� OPERATIONS HAZARD BODILY INJURY AND Ln, CONTRACTUAL INSURANCE PROPERTY DAMAGE $ 500 $ 500 BROAD FORM PROPERTY COMBINED DAMAGE L❑L�J�INDEPENDENT CONTRACTORS (TLy.PERSONAL INJURY PERSONAL INJURY $ 500 AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) pp{{}}�� PYA161118 2-1-83 A S�LyI COMPREHENSIVE FORM BODILY INJURY $ L"l OWNED (EACH ACCIDENT) fJ`HI RED PROPERTY DAMAGE $ BODILY INJURY AND NON-OWNED PROPERTY DAMAGE $ 500 COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY A and PCS998195 2-1-81 EMPLOYERS'LIABILITY $ (UCH ACCIDENT) OTHER Re: Crescent Road pedestrian walk project 80-'4 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES City of Cupertino, its officers and employees, are additional insureds as respees(a this contract. The insurance afforded thereby to the City, its officers and employees, shall be primaryinsurance to the full limits of liability of the policy, and if the City, is officers and employees, have other insurance againsi - - - e e - - - - e irry7-24.1-Ch - - - - - • - •- - - - • - • Pa' Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will ICKI§ mail —30 days written notice to the below named certificate holder,XMKNXINK%X YnnigsuctiorottiottsitixamseaMddigatiCiOnliabibipaitsiiniOibilPrCOOMCONManii. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Cupertino DATE ISSUEm June 24 , 1980 Director of Public Works , Cupertino„Ca. Arthur C. armic ae~ , r. he ACORD 25(1.79) AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY T California TE OF_________ ...' Santa Cl. OFOn this 23rd day ofJune 1980 before me nally appeared Idabelle Mill Attorney-in-fact, e Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me sworn, did depose and say, that he resides in I OS 111tOS • that he is the ney-in-fact of The Ohio Casualty Insurance Company, the corporation named in and which execut- e within instrument; that he knows the corporate seal of said corporation; that the seal affixed to e :id instrument is such corporate seal: that it was so affixed by order of the Board of Directors of aid,.corporation, and that he signed and executed the said instrument as Attorney-in-fact of said cor- poration by like order. MyCommismo QF..F.1.G.IA. L.S.EAL..E ITILG JANET R. OBERG c Not Public. Form 5 170 .`_^ ``.'1i'i,Jilat , NOTARY PUCLIC — CALIFORNIA st i y PRI:,CI PAL OSFICE lil THE Ls COLATY OF SANTA CLARA Comm.Exp.Jan. 24, 1983 ilir LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: • WHEREAS, the City of Cupertino, State of California, and J CALROTTN 'WC GRAPTTTC & EA7 INP • hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors , shall fail to pay for any materials , provisions , provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and 9HI0 CASUALTY INSURANCE COMPANY as Surety, firmly bind ourselves , our executors , administrators , successors and assigns , jointly and severally, unto the City of Cupertino, and any and all materialmen, persons , companies , or corporations furnishing materials , provisions, provender or other supplies used in, upon, for or about the per- formance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and all persons , companies or corporations lend- ing or hiring teams , implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all . persons who supply both work and materials , whose claim has not been paid by Principal or by any other person, in the just and full sum of SEVEN THOUSAND FOUR HUNDRED DOLLARS l ($ 7,400.00 ) . `f THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its +nt:ractors , heirs , executors , administrators , successors or assigns , shall J •:o pay for any materials , provisions , provender or other supplies or teams �,' in, upon, for or about the performance of the work contracted to be done, C..:.: any work or labor thereon of any kind, or for amounts due under the Un- „yment Insurance Act with respect to such work or labor, then said Surety pay the same and also will pay in case suit is brought upon this bond, 'reasonable attorney's fee as shall be fixed by the Court. pe, of -.This bond shall inure to the benefit of any and all persons , companies , and dul' 'rations entitled to file claims under Section 1184.1 of the Code of Civil ,‘Pdure, so as to give a right of action to them or their assigns in any suit p''ght upon this bond. e. tt Ldbor and •Material Bond Page 2 And the said Surety, for value received, hereby stipulates , and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or tb the work or to the speci- fications. . • IN WITNESS !;'HEBE2F, this instrument has been duly executed, by the Principal and Surety this LL33Yaa day of June , tI 1,9/ 80 D � (To be signed byu w'V (���t/� ✓�i- Principal and Surety CALHOUN BROTHERS GRADING & PAVING and acknowledgment Principal and notarial seal attached.) • OHIO CASUALTY INSURANCE COMPANY Surety By: \_ S Attorx y.-in-Fact • Idabelle Mill The above bond is accepted and approved this 23rd day of June , 19 80 . • ' 3 STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA) ss. On 02 7 , 1M21, before me, the undersigned, a Notary Publ' in and for said State, personally apppeeeared deltelt known to me to be the persons whose names are subscribed to the within Instrument, and acknowledged to me that they executed the same. WITNESS oor,9cx96%.9t NsG'eJc cial seal. _ OFFICIAL SEAL .--a,9 t DOROTHY MARIE CORNELIUS de_miLtec $,� % NOTARY PUB�IC- LIfOIA SANTA Notary Pu is in and for the County gQ My commission ExPic eb.:ucucucu Of Santa Clara, State of California .:(9L'.L�C.UCI'G0.`J4X•J41',4*, ...,. aw CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On 19 , before me, the- undersigned, a Notary Public in and for the said State, personally appeared , known to me to be the of he corporation that executed the within Instrument, known to me to be thepersonwho executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California CEkIIFIED COPY OF POWER OF ATTORNEY . THE OHIO CASUALTY INSURANCE COMPANY HOME OFFICE, HAMILTON, OHIO • No. 14-150 Ennui AU Melt hg Wheat Flint 1Itu: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint: Arthur C. Carmichael or James J. Lenihan or of Los Altos, California - - Idabelle Mill or Gary P. Shearer its true andlawful agent andattorney -in-fact, to make, execute, seal and deliver for and on its behalf ai surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance ONE MILLION ($ 1,000,000.00 — ) Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company. as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. lopIn WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty b4•' Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the C' said The Ohio CasualtyInsurance Company this 8th dayof July 19 76 e-( SEAL p YYl (Signed) Richard T. Hoffman IYIyHY14�� STATE OF OHIO, COUNTY OF BUTLER Assistant Secretary J On this 8th day of July A. D. 19 76 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Richard T. Hoffman, Assistant Secretary - of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. `Osumi s4 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official poi out 544 3%, Seal at the Cityof Hamilton. State of Ohio, the dayand year first above written. * \1I//! *- } (Signed) �nu...... ��°4 Notary Public in and for County of.Butler, Stateof Ohio My Commission expires ....t. g.r...?.a...),2..6 This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fad for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizance', stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub- division?' This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27. 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures end seal. to be valid and binding upon the Company with the same force and effect as though manually affixed?' CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this day of A. D., 19 otowvwpws l SEALCss /_C / 2m41`p0 Assistant Secretary S-4300-C 10-74-3M P , AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY TATECalifornia OF SS. UNITY OF Santa...C.1a.ra • On this 23rd day of June 1980 before me Idabelle Mill personally appeared Attorney-in-fact, of The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me duly sworn, did depose and say, that he resides in LOS P1 tos • that he is the Attorney-in-fact of The Ohio Casualty Insurance Company, the corporation named in and which execut- ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed and executed the said ' strument as Attorney-in-fact of said cor- poration by like order. IIOIt1116111t1111111r1191Ne1t1111nen[ntkelAlEeettltl LG�:�%�-x-'�- Of'NI TIAL SEAL y P My Commissionu.grlif�� 7A:hl''7"k:"CU13kkG ry r Public. • `form s I7 `'•c°'atl '' Y07anr :AL - CALIFORNIAINTHE \'E"„�t OLI,CIAO O,FICt IN THE COL.fl OF SArftA CLARA Comm.Exp.Jon. 24, 1983 • FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, CALHOUN BROS. GRADING & PAVING as Principal and Ohio Casualty Insurance Company as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of SEVEN THOUSAND FOUR HUNDRED Dollars ($ 7.400.00 ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and.assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated with the Obligee ' to do and perform the following work to-wit: CRESCENT ROAD PEDESTRIAN WALK PROJECT 80-54 NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this _ 23rd day of June ' , 19 80 . (To be gned by Principal and Surety and acknowledgment.) S CALHOUN BROTHERS GRADING & PAVING C Principal OHIO CASUALTY INSURANCE' COMPANY "`` Sure 1I It r.' , Al By?...., -. Attorn-y-in-Fact Idabelle Mill . The above bond is accepted and approved this 23rd day of June , 1980 . • STATE OF CALIFORNIA ) ) ss . COUNTY OF SANTA CLARA) on ---77 Notary Pub in and r said State19p sonellreappeared undersigned, a known to me to be the persons whose names are subscribed to the within Instrument, and acknowledged to me, that they executed the same. WITNESS my hand and official seal. • • tX9C,0“9“9“96X9“9“9“94,0ax9 ���� � ��� I OFFICIAL SEALR ./ K�4�2� `J a• = DOROTHY MARIE IUs 99a NOTARY PUBLIC.CALIFORNIA O SANTA CLARA COUNTY -� Notary Pub1• in and Lar the COunty My Commission Expires Feb. i7 fggy of Santa Clara, State of California • CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss . COUNTY OF _A TA CLARA) . • On , 19_, before me, the undersigned, a Notary Public in and for the said State, personally appeared , known to me to be the of , the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, 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 written. • Notary Public in and for the County of Santa Clara, State of California • CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY ' HOME OFFICE, HAMILTON, OHIO No. 14-150 31ttwttt AU I,i en kg Rrnr 3rnBPnt6: That THE OHIO CASUALTY INSURANCE COMPANY. in pursuance of authority granted by Article VI, Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint: Arthur C. Carmichael or James J. Lenihan or of Los Altos, California - - - Idabellde Mill or Gari d P. Shearer its true an lawfulagent an attorney -in-fact, to make, execute, seal and deliver for and on its behalf ad surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance ONE MILLION • Cs 1,000,000.00 - ) Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton. Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorneys)-in-fact. 0141aXtfIn WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the g: SEAL iz said The Ohio Casualty Insurance Company this 8th day of 'July 19 76 `3s\ '7 (Signed) ‘4041t, Richard T. Hoffman mumoSTATE OF OHIO, i COUNTY OF BUTLER SS. Assistant Secretary J On this 8th day of July A. D. 19 76 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Richard T. Hoffman, Assistant Secretary - of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. oit.to Seal at the TESTIMONY Hmilt n,WHEREOF, Ohio,e the daynto set and year first above wrind and itxed tten. my Official es x= (Signed) --,,,, :e Rgxsatby...R.i,bel" 'o,`4•',':-••:o Notary Public in and for County of Butler, State of Ohio m . 64elia N�000� D .,.Y 9 ).9.7 My Commission expires @grg111 ?.P.C........... ...... This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by its directors on April 2. 1954. extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual. firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub- division." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal. • to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this day of A. D., 19 €9) m��muumm� Assistant Secretary S-4300-C 10-74-3M i I I1` AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY 1 STATE OF California !'! Santa Clara -- COUNTY OF 123rd June rx' ' On this" day of 19 80 before me t. Idabel le Mi11 personally appeared Attorney-in-fact. t1/4(4of The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me N!' duly sworn, did depose and say, that he resides in Los Altos • that he is the 7...`'-Attorney-in-fact of The Ohio Casualty Insurance Company, the corporation named in and which execut- "x;:- ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to +' ' the said instrument is such corporate seal; that it was so affixe• • order of the Board of Directors of iid corporation, and that he signed. and executed the sai• instr ent as Attorney-in-fact of said cor- potation by like of (/.� �/ • • ou e o E duuEmnmuuuulEEEn INIruumurm ^— // �. Or FIr1Al_ SEAL r_ y Commi Ai• e {F A, tan T R 08ERG ug CAW oRAIKE Notary P Ilc. 5 i]0 7 t C `� y t NO R 1 A: ti Fla IN THE T. COb.iY OF SA..TA CLARA w wm3�' Comm. Exp.Jan. 24, 1983 a' itunnnunumuEttEEEtEUEuumunnnmmwrui 11111 - ' FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, CALHOUN BROS. GRADING & PAVING as Principal and Ohio Casualty Insurance Company as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of SEVEN THOUSAND FOUR HUNDRED Dollars ($ 7.400.00 ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and,assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated with the Obligee to do and perform the following work to-wit: CRESCENT ROAD PEDESTRIAN WALK PROJECT 80-54 NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 73rd day of June , 19 80 . (To be signed by Principal and Surety and acknowledgment.) /fr4-7( C, ( _ a CALHOUN BROTHERS GRADING� �J & PAVING Principal OHIO CASUALTY INSURANCE COMPANY Sure By: aide "Q�-c— Mil Atm. ,.emeawi9ct The above bond is accepted and approved this 23rd day of June 19 80 t. a% STATE OF CALIFORNIA ) ) ss . COUNTY OF SANTA CLARA) On o2. 7 , 19,6, before me, the undersigned, a Notary Publ' in and for said State, personally .appeared.. e_tfr ce.4 . a known to me to be the persog8 whose names eft subscribed to the within Instrument, and acknowledged to me,that they executed the same. WITNESS my hand and official seal. :-,(x•:G+9GG5G:C96-496.,ex,),Ath • q8 OFFICIAL SEAL O G,,...% MARIE CORI LIFORN - �J c I%•� ....� PUBLIC-CALIFORNIA - � (/ g „^,• � „EARA COUNTY MY •.issiun expires Feb, 17, 1984 CrNotary Public a and for the County of Santa Clara, State of California CORPORATION ACE_`TOWLEDGEIE`iT STATE OF CALL ORNIA ) ) ss . COUNTY OF ..A2TA CLARA) . On , 19_, before me, the undersigned, a Notary • Public in and for the said State, personally appeared , known to me to be the of , the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, 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 written. • • Notary Public in and for the County of Santa Clara, State of California �I CER-TI D COPY OF POWER OF Al RNEY '1,....,... mtkri, "-t_= THE OHIO CASUALTY INSURANCE COMPANY HOME OFFICE, HAMILTON. OHIO No. 14-150 ?Knout AU LB to kg Myra Wand* That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 7 of the By-Law. of said Company, does hereby nominate, constitute and appoint: Arthur C. Carmichael or James J. Lenihan or of Los California - Idabelie M;11 or Gary P. ShearerAltos, - - its true as lawful agent an attorney -in-fact, to make, execute, seal and deliver for and on its behalf ai surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance ONE MILLION - _ _ _ _ _ - _ _ _ _ _ _. - _ _ •_ ($ 1,000,000.00 - ) Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company. as fully end amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(a)-in-fact. one a4o�.11l1iffbie* In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty F Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the fe_ �:SEAL said The Ohio Casualty Insurance Company this 8th day of July 19 76 e= ` x * (Signed) �a�wBF-oi�b"��"' Richard T. Hoffman �eiwonmua"oo STATE OF OHIO, COUNTY OF BUTLER SS. Assistant Secretary On this 8th day of July A. D. 19 76 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Richard'T. Hoffman, Assistant Secretary - of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn depoaeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of,said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said,instrument by the authority and direction of the said Corporation. �d�t�sssses IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official ttut?" "� Seal at the Cityof Hamilton, State of Ohio, the dayand . i....-.-••.•` .= year first above written. Fi*I sal !*_ (Signed) .> a DarQtor ountyfn :'---..,e4' Notary Public in and for County of Butler, State of Ohio ��knaaat0 My Commission expires DqQamber 9a...1226 -• This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by its directors on April 2, 1954. extracts from which read: "ARTICLE VI" • "Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president; any vice-president. the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of. insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub- division." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27. 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of theby-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures end seal. tobe valid and binding upon the Company with the same force and effect ea though manually affixed." CERTIFICATE ' I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby.certify that the foregoing power of attorney, Article VI Section.7 of the by-laws of the Company and the above.Resolution of its Board of Directors are true and correct copies and are in full force and effect on this data. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this day of A. D., 19 s oles :f <e it/ al SEAL 4. itc4.,_ 7 ®y,QUW6 # Assistant Secretary 3-4300-C 10-74-3M \ AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY r STATE OF California SS. COUNTY OF Santa Clara t P On this 23rd- -day.�of June 19 80 before me -personally appeared Idabel 1 e Mi11 Attorney-in-fact, r Of The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me ,duly sworn, did depose and say, that he resides in Los Al tos • that he is the Attorney-in-fact of The Ohio Casualty Insurance Company, the corporation named in and which execut- 'ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed- to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of .,'said corporation, and that he signed and executed the said instrument as Attorney-in-fact of said cdr- A:poration by like order. C7tueoun[nemuILnaeeeueLOSISI Euannu LILLIS ,Is3 e ' N, OFFICIAL SEAL FR y MyCommissioae ,ire": . 9 JANE-i"R:"©=ERG t. �' ..._E' �T. Not Public. "ar�S:i74Ln^ NOTARY PUBLIC — CALIFORNIA -"'n• lCm 5'110 !t.,720, ! PRI�'.CIPAL OPFIC! IFI THE E ,,. [: I,-- COUNTY OF SANTA CLARA 6 44 Comm.Exp. Jan. 24. 1983 e J' ©llllllllnl{11111111111111s111L¢seIILEIS EuIuIIILLaeue® lip! . }s I LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: • WHEREAS, the City of Cupertino, State of California, and CALHOTTN RROS RRAnrwr & PAVING • hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors , shall fail to pay for any materials , provisions , provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and OHIO CASUALTY INSURANCE COMPANY as Surety, firmly bind ourselves , our executors , administrators , successors and assigns , jointly and severally, unto the City of Cupertino, and any and all materialmen, persons , companies , or corporations furnishing materials , provisions, provender or other supplies used in, upon, for or about the per- formance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and all persons, companies or corporations lend- ing or hiring teams , implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all . persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of SEVEN THOUSAND FOUR HUNDRED DOLLARS ($ 7,400.00 ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its ubcontractors , heirs, executors , administrators , successors or assigns , shall .ail to pay for any materials , provisions , provender or other supplies or teams .:;ed in, upon, for or about the performance of the work contracted to be done, isr for any work or labor thereon of any kind, or for amounts due under the Un- employment Insurance Act with respect to such work or labor, then said Surety :rill pay the same and also will pay in case suit is brought upon this bond, uch reasonable attorney's fee as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons, companies , and 'orporations entitled to file claims under Section 1184.1 of the Code of Civil _rocedure, so as to give a right of action to them or their assigns in any suit '-nought upon this bond. ' Labor and Material Bond Page 2 And the said Surety, for value received, hereby stipulates , and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or tb the work Or to the speci- fications. IN WITNESS WHIEREOF, this instrument has been duly executed, by the Principal and Surety this 23rd day of June 19 80 (To be signed byB CCa Principal and Surety CALHOUN BROTHERS GRADING & PAVING and acknowledgment Principal and notarial seal attached.) OHIO CASUALTY INSURANCE COMPANY Surety IP By. 47 / / / / Attorney-in-Fact C�L� Idabelle Mill The above bond is accepted and approved this 23rd ' day of June , 19 80 . 1 r STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA) ss. On „ - 02 7 , 19d722 , before me, the undersigned, a Notary Pub in and for said State, personally appeared known to me to be the persons whose names are subscribed to -the within Instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. C3 ��` OFFICIAL SEALCATAALes DOROTHY MARIE CORIJELIUS 9 ` NOTARY PUBLIC-CALIfORNU\ O 2 '21:1? SANTA CLARA COUNTY Notary Public ' and for the County My Commission Expires Feb- 17, 1984 of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On 19 Notary Public in and for the said State, , before me, the undersigned, a personally appeared , known to me to be the of he corporation that executed the within Instrument, known to me to be thepersonwho executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, 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 written. Notary Public in and for the County of Santa Clara, State of California CERT' D COPY OF POWER OF AT RNEY 1; THE OHIO CASUALTY INSURANCE COMPANY HOME OFFICE, HAMILTON, OHIO No. 14-150 Knout Alt liC Plt bg Owe rPSPttis: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint: Arthur C. Carmichael or James J. Lenihan or of Los Altos, California - - - Idabell My' 11 or GaryP. Shearer its true and lawful agent anattorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance ONE MILLION ($ 1,000,000.00 - ) Dollars. excluding, however, any bond(.) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purpose., as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. S`4 SIl I il,44.' In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty w`.•' `'�, Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the 'far' said The Ohio Casualty Insurance Company this 8th day of July 19 76 SEAL =_ aat Si ed 4T ••`6° ( gn ) Richard T. Hoffm STATE OF OHIO, COUNTY OF BUTLER SS' Assistant Secretary On this 8th day of July A. D. 19 76 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Richard-T. Hoffman, Assistant Secretary - of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. 0:;11siusao IN TESTIMONY WHEREOF I have hereunto set my hand and affixed my Official •*p.;...,,,+ Seal at the City of Hamilton, State of Ohio, the day and year first above written. ��I/% *E (Signed) % RgxAf:b..Y.-aip.ea %1$\...1-�--�:%oe�� Notary Public in and for County of Butler, State of Ohio +a:NunttuN ,,,. My Commission expires ..D..�rrP.fllt?.Prs:...a...)... This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizance., stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub- division.' This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: 'RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal. to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this day of A. D., 19 rami 4al�ll�MfCq+y /(4&"--- �mi s SEAL c,et %tu��on Ja`pO Assistant Secretary 54300-C 10-743M