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80-038 Calhoun Brothers, Stelling Rd Extension Project No. 80-22 L • '- iCittj of Cupertino 10300 Tone Avenue Cupertino, California 95014 Telephone (408) 252-4505 July 29, 1980 Calhoun Brothers 305 Willow Hill Road Los Gatos, CA 95030 CONTRACT FOR PUBLIC WORK We are forwarding to you for your files a fully executed copy by City Officials for Contract for Public Work between the City of Cupertino and Calhoun Brothers. Sincere DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC:so CONTRACT FOR ?USLIIC VOR:{ -T CONTRACT made on July 28,-1980• by the CITY OF CUPERTI_NO, a municipal corporation of the State of California, hereinafter called the City, .and L CALHOUN BROTHERS • hereinafter called the Contractor. • IT IS HEREBY AGREED by the parties as follows : • 'l The Contract Documents . The complete Contract con- sists of the following contract documents : [ 1. The plans and specifications entitled "Stelling Road Extension, Project 80-22". • 2. Various bond and insurance requirements .. • 3. Bid Proposal attached hereto as' "Exhibit A". • Any :tnd all obligations of the City and the Contractor ars 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 cf 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 all of the tools , equipment , apparatus , facilities , labor, transporta- tion, and material necessary to perform and complete in a good and workmanlike manner, the work of STELLING ROAD EXTENSION, PROJECT 80-22 • • as called. for, and in the manner designated in , and in strict . • conformity with , the Plans and Specifications prepared by the following named person: Bert J..Viskovich, Director of Public Works and adopted by the City , which Plans and Specifications are en- titled, respectively , Stelling Road Extension, Project 80.-22 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 required in said Plans 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. • Twelve Thousand Four Hundred. Sixty-Five Dollars ($12,465 .00) subject to additions and deductions as provided in the Contract Documents . 4 . Disputes Pertaining to Payment for Work . Should any dispute arise respecting the true value of any work done , of any work omitted,tt'ed, or oI' any extra work. which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this contract , said • dispute shall be determined either by reference to the unit of prices , if applicable , or in accordance with the agreement of 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 of the work, and to the shops • -2- • :,Therein the work is in preparation . Where the Specifications require work to be specially tested .or approved,. it shall not • be tested or covered u'p 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 !Mork and Chanes . 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 value thereof will be added to , or deducted from, the amount of the contract price , as the case maybe , by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices , if applicable , or in accordance with the agreement of the parties , or in accordance with the rules of the American Arbitration 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 , and by all agencies whose approval is required by law , stating that the extra work or chance is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. • 8. Changes to Meet Environmental Recuire:.^"ents . The • City shall have the right to make changes in this Contract • during the course of construction to ' br'ng 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 Comoletion . All work under this Contract shall be completed • j before the expiration of Twenty-Five (25) working days from the start of the 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 Testinz 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. Terminationfor 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 appointed . on account of his insolvency , or if he or • any of his subcontractors should violate any of the provisions of the .Contract , the City may serve written notice upon him and his surety of its intention to terminate the Contract , such notice to contain the reasons for such intention to terminate the Contract , and, unless within ten days after serving- of such . notice , such 'violation shall cease and satisfactory arrangements for 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 Rizht to Withhold Certain Amounts and Make Application Thereof. In addition to the amount which the • -ll- • • • 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 wore'. 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 determination 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 Mana- 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 Court r Los Gatos, California . 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 with Specifications of Materials . When- 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 9r 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 Cpde 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 allow 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 with 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 Co:mpen_sation 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 on the provisions of Section 3700 of the Labor Code which require. every em- ployer to be insured against liability for woricmeh ' 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 perforthance of the work of this contract . " • (b ) Liability Insurance . The Contractor shall take out ana maintain during the life of this Contract such • Bodily injury Liability and Property Damage Liability Insurance as shall protect him and any subcontractor perforr„ing 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 'cluding third-party property damage , to include . coy- L 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 , L 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 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 shall take out and maintain' for the benefit of both parties to this Co -act insurance covering loss by fire , extended coverage en- dorseme perils (windstorm, hail , explosion , ri , _lot attending a strike , ci ' commotion , aircraft , vehi , smoke ) , and van- dalism and malicio •.ischief upon the _ .tire structure on which the work of this Contrac 1 to sone to one hundred percent (100% ) of the insurable va - -=• f. Proper evidence of such insurance shall be - shed to the . If the 1 City provides ` - fire insurance hereunder, a • ' e Contractor desires e •ader protection than the perils of loss fi fi-re, ex- ten•ed coverage endorsement perils , and vandalism and malic cus is Supply in or ex, as the case may be , in the blank . • -7- . mischief, the City will attempt to obtain such broader protection and the Contractor agrees to pay any additional cost for such broader protection. • 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 equity , • 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 of 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 . Not:rith- 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 1315 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 weekshall 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 . o£ Sections 1311-1315 , 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 ($25 . 00 ) for each laborer, workman, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract , for each calendar day during which said laborer, workman , or mechanic. is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code . The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar day and each calendar week by all laborers , work- • _$_ • 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 Department of industrial Relations of the State of California. 21. ,Faze 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 . stieulated. prevailing rates for any work done under this Contract by hi:n 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. idachinery , equipment , and other hazards shall be guarded or eliminated in accordance with •the safety provisions of the Construction Safety Orders issued by •the Industrial Accident Commission of the State of California. -Q- • 23. Payment . Not later than the 15th day of each L • calendar month , the City- will make partial payment to the Con- . 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 V 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 c-f 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- denced 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 andobtained from- the City ' s representative stating that the payment or installment is due upon the basis of work completed • and the 21'nOunt then due and the City ' s representative shall , be- fore the 15th of each month , deliver said certificates ander 1r 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 t^_ Contractor �`_� �._.: 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 representative delivers the writing aforesaid, in lieu of the certificates , then a compliance by the Contractor with the requirements of said writing shall entitle the Contractor to the certificates . The payment. of progress payments by the City shall not be construed as an absolute acceptance of the work done up to .the time of such payments , but the entire work is to be subjected to the inspection and approval of the City , and subject t0 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- Tile 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 on conditions . and effects: earthquakes and tidal waves , when such occurrences or conditions and effects have beer. proclaimed a disaster or • state of emergency by the Governor of the State of. California for 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 of. all workmanship and of 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 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 thi's Contract . If the Contractor fails to complete , within -11- • the time fired for such completion , the work hereinbefore men- tioned and described and hereby contracted to be done and per- formed, he shall become liable to the City for liquidated dam- ages in the sum of Fifty Dollars dollars (3 50.04 ) , 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 :could 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. APPROV"l/AS 0 Fa ‘1/43 / CITY OF IUPERTINO, a municipal /ye„, / California , the Se of CaliSornia, herein called 1 • ,A the City C' y Atto n_: • BY 4Y het /' •• R( 11LA. -- • • `-Mayor ATTEST: - /9 - • • • City Cleric • • GALrHOO.14 BRos . GRADING PAv0\6 • • herein called Contractor • • By .Q .l ` n 9-V.9-2H . �t C • Notary acknowledgment required. If a corporation, corporate seal ' and corporate notary acknowledgment • • required. • • • • • -13- • STATE OF CALIFORNIA ) . ) ss. COUNTY OF SANTA CLARA)C:lx-e- On ..P, , 19k, before me, the undersigned, a • Notary Pu' ,cKin and for said State, personally appeared known to/ e-to be the persons whose names a14 subscribed to the within Instrum nt, and acknowledged to me that they executed the same. • WITNESS my hand and offi5 ,,,Neal. �BIIIIIIIIIIi1RIp11111166111111191GA I_ SEA L • - OFFICIAL > JANET R. 06ERG TARY PUBLIC CALIFORNIA 3 �) • NO /f`/'.' PRINCIPAL OGFICF IN THF • , • /TCOti NTY OF SANTA CLAS 51 • Comm.E%P•Jan. 24, 1953 *to tary ublrc�ia and for the Es o my /nmlulllnnelnnlFlnmurmlFlnnelnulcennls� f $2 a Clara, Stare of Califr{a CORPORATION ACENOWIEDGMENT STATE OF CALIFORNIA ) • ) ss. ' COUNTY OF ..ANTA CLARA) , . On ' , 19_, before me, the undersigned, a Notary ' Publicin 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 • sit .nsoaosa . - • • • S•Z/saeTToa C'LJ VA )L. dv✓ T ao: adrldmod uo-:rasaaad epsa2ons pus 2uTpra2 '110T:rAr:3:e :aea:s TTr apT_r.cac mns dmr.Z r • S'1/s2sTT0C Co— - ao_ auaTdmoa $u ggn.z2 pas 2uTareTa apTnoac mns dmnq 'T • 'T IOI 30134 ItsII no Tan IIt 1 - .flflNE'ntl aIS a3InnnaI s3 TTuanoD Arm at;: 3o uoYuaaaTp aq: us? eTgrTTenr are saTuom 3? papas/se aq TTT' sa2rts1e:Te aAT:TPPF 'sPTq TTe a0 bur :uacaa 00 zu.2Ta at : san2asaa TTauno0 A:TO PIP '22&/.04 :;eppTq :sar.OT o: eq TTens palmy •paaTnbaa ET pTq eseq eu: ;o %OT 3o =moms etp uT puoq pTq F •aaauT8u3 eq: dq .Caessaoau pameap eq Amu SE =EMT :TU0 0: 20 yaor. etp ;o tvoT:aod 30 sEBTo 30 dun= alp asraauap ao esraaouT o: :g2Ta etp sanaasaa f:TO eta •TToanoD £ T3 etp Lq spTq ao uosTardmoa aog sTsrq etp eq TrTm uoTsua:xe sTMT, 'pTq sauTid :Tun au: :o uoTSUau$a at;: ao; -stseq a se aa&T2 8utaa 'ATuo sa:smz:sa aas aoTaq amus saT:T:urnb etp :e$: spus:saapan osis pau2Tsaapun etn.2 •aeauT2u3 drTO etp Lq Pa:rTndT:s sparpusus aip ao/pur s:uamaaTnbaa paTpogma alp paaoxa 20 dean TTTm pus aatturm a51TTdTgsuem>p ora r uT euop eq TTT's 5120/: TTY •dg2nos eq TTTrs aoTussuadmo: t2uxa ou pus pTq saoTad ac: uT papnTouT ET „dnuraTo„ se ram Sr saoTasasdead £ressaaau In • s sTd ao/pus suoTdrVT3TaadS asp aT pauTT:no se sa:urua:andds par suuemanoadmT dezaus 3o uoT:vTTn:suT atp eq TTBMs )j20P1 at11 • •aTnpatps paueaodaoatn etp uo u}aaat; tpao; :as surname aqa 20; surra 20/pur 9u0T:VDT3Taads atp q:Tm aourpao3Vr uT 51aon pTss atp a:aTdmoo 0: paaTubaa )1204 TTr op o: asodoad 6gaaaq put s:uamaaTnbaa Tesodoad asp praa anti I date aar-uap 6gaaaq 'pauZTsaapun atp 'I 'ZZ-O9 :aacoaa '„aoTsua:513 peog 2uTTTaas.1 ay: 203 pagsTuan3 suoT:raTfTaads 'pus susTa atp tPT.n autteTTdmoD uI :2TS saga VIMO3I'IVD 30 SIMS 'OKIIE3a.. 30 ZIIO 'mom 0I'IHIIa 30 1I0=EIC 3&I. OZ 1211-53 3 ZZ-os I03roaa - NOISMIX3 Qvo8 orris • WSOJO?IJ GIs • ESTIMATED BID QUANTITY UNIT ITER UNIT ITEM PRICE TOTAL 3. 1,360 S.F. Provide and install street pavement including asphalt concrete, aggregate base. material, prime coat and tack coat complete for 7-6-1c) dol Ctrs n.x-O -4 4dy ryy..6.5 /s.F. S Dollars/S .F. 4. 180 S.F. Provide and install street pavement including asphalt concrete and P.C.C. base complete for T1 ctollcWS COnct Ze 5 r22 ��CO rem /S .F. $ _" • Dollars/S .F. 5. 210 L.F. Provide and install concrete curb including 1/2" dowels and longitudinal bars complete and in place for inrce cdA0.3 and vt 550 /L.F. $ / 052 Dollars/L.F. • 6. 210 L.F. Provide and install 2" x 6" rough redwood headerboard complete and in place^or '{ `V o CdOl l avC cl.v-'c( - ; ±--k / C'r*c En /L.F. S SGS -- Dollars/L.F.Dollars/L.F. • • TOTAL S 11 — 5-- • • • PROPOSAL 2/5 PI A. BID DOCUMENTS, continued BIDDER QUAL 'ICATIOY FORM In further compliance with the specifications furnished, the undersigned submits the following 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 any years' experience in work comparable with that required under the proposed contract has your organization had by this or any other came? (3) Contractor's License !To. No 322,325 , State of California, Classification C. - I a (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 of '.work and , for 'Thom Performed Contractr _mount ,YJ_ '±L� .rrlo-k C-ren-I- Alter-ice �. s I( Meg ` 0' ''r11-4; P' Idre1 •Cypress Ave, SET- fn 'AA ets-61.- Cj iso - W F US B¢-6-o ` KS3/obo 2? G I o0 30 '� i*s ti w C l4r- L' EIIS Rl� 12Ak,4 - �, 7 6SD 0` Dl �tL Lz.F -131 Vr 1,CW Helm: - Vitt t.PI; s 1080° `x' 200 •• Name of Proposed Sub-Contractor. if any (Section 4104 Government Coda) 1. C-7,4 RCI A CONCPEYE 2. 3. 4. • • - 5. • • 6. Address of Shop or Office of Sub-Contractor • (Section 4104 Government Cade) 1. 1.35 Vie I mr-rs-1--' 4 c , acn lose a 5 2.7 • 2. 3. • 4. 5. 6. Work to be perfor=ed by Sub-Contractor (Section 4104 Gover...^..ent Code) 1. 1 its Al L EX4r-uded CU(I) k rcregastQtsr 2. • 3. 4.. Sr 6. PROPOSAL,; Page- 4/5 IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, 'STATE THE FIRM NAME AND LIST"THE :LAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION, ' ALSO, NAMES OF PRESID rT, SECRETARY TR.FASURER AND MANAGER. THE CORPORATE ' SEAL MUST BE AFFIXED. TYPE OF BUSINESS: Individual • Co-Partnership CALHOUN EQOg. -' JONN CAll4Oui1, Kober# Ca ton• t Len- C4irLSJn • . Corporation • L . • Joint Venture • Other (describe) NA.E AND • SIGNATURE OF 3IDDEP: -M—A-4N T CALMOUKL r C d QL,,O • 305 l.l. unw Kill Cr+- •G. J l (JYLQ . lye1 Address Date Addenda 3•.ceive&: D - 1 2 3 4 5 Provosal ?age 5/5 F, ATTORNEY-IN-FACT AFFIDAVIT 'STATE OR COMMONWEALTH OFIt California COUNTY OR CITY OF San Francisco les: • k Before me, a Notary Public, personally came J. F. Hallisey known to me, and known to be the Attorney-in-Fact of United States Fidelity and Guaranty Company, a Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signs- , ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order and authority of said Company's Board of Directors, and that the execution of the attached bond is the free act and deed of United States Fidelity and Guaranty Company. Given under my hand and seal this 11 a day 000ff/ June _, 19 80 . iMy . a h ,cA2.��i�e-cJBILLIE M. RICHARDS Notary Public. 4 , ON Commission expires NOTARY PURLIC - CALIFORNIA a.876 (9-57) p ,ro`• CITY 9 COUNTY-0F SAN FRANCISCO ..e:m: 14?;,:,,'i+'�. �ti:��=.tt '«9t Fn'?.. Hr uj.iit. . ,1_I), lY't�;;t, ss€r/ § tlai s , "1"11%. ;\ ¢;ate W5.::;, sw e _. Tt ~ s::r40EIITY,44 1 4'11 : L NTED STATES EIDEL n . � �i i l .ARANTY COMPANY St' �1'ii o ipaoy) W ==a Iii BID BOND Vil BOND NUMBER 73-0120-236-77 a KNOW ALL MEN BY THESE PRESENTS: >r_ 1. THAT Valley Slurry Seal Company lb of as Principal , and UNITED STATES FIDELITY AND F'3 City of Cupertino ,,., i. GUARANTY COMPANY, a Maryland corporation,as Surety, are held and firmly bound unto '; . 01 Ul r.N : as Obligee, in the full and just sum of ' +a Ten Per Cent(10%) of Amount BidDollars, C_:j i E:-3 lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. 14 :al WHEREAS, the said Principal is herewith submitting its proposal .4 FTO ag ,r Street Maintenance — Slurry Seal Project No. 80-55 Ai it? THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will,within the v^ -� time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of - 14 it;Ti 1-1 the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between %I, ""' the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work i' ; kT4 if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum. hereof. `= rhi f Signed, sealed and delivered June 11, 1980 (Date) "` Valley Skurry Company (SEAL) low :I x. • NiL doos (SEAL) t' By:.1: .NET...REEU a =; Vice Presided ST • S FIDELITY AND GUA NTY COMPANY EII. _ „_ \sr r JfHallisey f _Attorney-in-fact : ...::>.,f 1\ Ilait oapf 54.^.Yt t'v�,_<..ni.. tlt 14nV,✓a....:t r r .f t 1A t + .-�„ .. �� ... . v t t..4...3,+..,..1 t F i k 1L.....1:...a�_.r..rtt ,4.S.nr .Stw •r...4Y\N/. +4�F...,i4�y.4,(fe.....e. r....(..,d 11 (Rovicndl (1-741 .. (u-e) a s4 :� Apo eonap ng/0 ifno).touadng ay:Joy yfal9 (Pa2BTS) (RV3s) asnog •H gaagou LL Tot 7a 'V ' Sagwagdag jo Pp 430 epll'proaag jo lunoD n'8ulaq owns aqi '[7!D',azomnjeg;a;mop souadusay; jo ten nil xg)o ppe'ping Ant las olaza4.j '/oafaydf uoui)2ray of •aaiuu2!e aumuaH alq;aq of amleu2ls alp anagaq,Alpe°pun'NwoN, pm. aqi Jo 8atIUMpueg aip TPA Paiulenban we j imp /jtuao aaqun) l orivayl paploaas:;aq of spaap ;o proud 1oi'e2uaWSpapiotni3o gni pue !ileo sa2sWnupe of Mel [q pazpoglna pun usoins pue paucoesiunuoa Alnp 'uoutnneg p Allo'a42 aoj pus u)'pue(Liuf jo awls Gip jo 3ggnd [noioN a eulop oa:jo,awn aille!eaM 'awese!q pail-Rasps otaiain seq ow; pue 'apnut..am. elieepgje pupae aqi wow& ato;aq:'nimbus ' q.Sanf '{Q. 4aru8213W: yip aguaa Again' op 'leas n seq pue •psoaag Jo atop t 51*110)goigM 'Air) azomnivs jo ttuoo aopadns sip Joll$b ' a,s ll o g H ;a a q ou 'I , J 'LLD 3sonirIVg 1 aMV'IAHVW 40 anus .2114nd iLt°igN sae 4 aas8as ...:._' (peu$TS) ('ins) � H YI � Y3 8 L 61 'Q 'V'$117 u)Aep Wig 241 sandxa•uolsaimmo3 AN •Auedwo3 aqi Jo 'Ajanuoadsas-.'6mlamas quutelsev pus 2aplsazd9OlA s0 .apso um Aq olaza11i semen alagrpautls.Aatp yell pun 'aonwodaoa pies Jo anoiOaitQ.;o pieug a11.jo ipso Aq pang os sets Ii.2892 'pas einlod.oD.113119 eats Lemony Jo saMod pies o1 paxgja lean cup legs :uolleiodsoa pine ;o was aq1,teams ton Any ilii :Lauion jo."mud 2m02a1o;91(2 palfaasa g3tq pull lit pagpasap uuileadmo ag2'ANVdWo3 1LLNVUVI19 new ASPIaaId suns Q31INa pins 041 jo! Anliamas, lueisissy aqi puny luopisazd•°37A aqi Llanpaadaa: avant P.a S83 •g -cavil.oTN pun a u o O g 'j+1 s a T a8 40 pies 942 may;lug;pies 'moue Sjnp Ageiasas am Aq 9uiaq oqM 'palalonbae Ajjeuon:ad inn J lumps p grog Tits 'Medwo3pies jo [ielarous'm82gissy ' £0-.s80 'II 101401W Put ANVdWOD AIRVIIVOS (INV]LLI'Ia(L1 s3.LVZs Q31I13f181(2 30 aiiapisazd-aMA • a u oog '.Ili s aTas43 amen Allenosiad am wojaq 'h a 11 'V.' aagma;da,g 7o AEP ti 4.0 E. sill Ito, 159 1 'AID 3)101411.1.1141( "QNV'IAHVW .10 3,LV.LS •An•.•4maf3ag mum, .....•.•. (POueTS) £9683 'g Tai3u;OTjq ('IVSS)'. yuapenfdwsld: .....j8 (Paitejs)auoog •n saT.ireg3, 'ANVdWOD A.NVHVf19 CNV .amm Su.V:W cumin LL 61 '0 V ' aagwa;das jo Lep 420E glgl'Amazon tsnlfalsOV pus faapinaad•aa!A all 70 lain inaloogl iq patrons /pp 'less 310104103 SIT glint pa(eaa sq of luemtuleu! elgi Pannus su4 ANVdWOD LLNV87(f19'QN9 A1I13Q a S31V;LS 0:13,11NII PPs sip '/oafagdf 'eatufdl u/ vluaaud nap p_anup.iq!aapuasd ail tic.op Agn;MOi[mu UTg2E14 'Z E4gvag PTEs aKq put uospa:vilo?>i ':W aTTT?g ptss a44 Pus 112IE3I '0 •I/ piss a4q Pus £asITTsH ',3 •2 PTEs 343 3o auoBas mitst- neaoalg9M pus Ho as 113800 pug aagnw/gang 21023311Q 10 pivot{ e11'en 9gnoiyi 'ANVdWOD :LSNVIIVQ9 USW A,L1I3QLd SaLVYS iT31INQ Plea 241 pue [aua2V Io 10M0d slip 3°yad a spew spur pazauan 029104 01 yolgM p Moo paglua3 n 'ANVdW00' A.GNV1iVI12:CNV AZI73QI3 S31V1S'Q31INN pin aqi ;o.Gamma jo mama aqi jo uotinjosaz all ut quo; las.588!4) pun nuu au pint Ann uuopad pun,op olanpoadaaz of pun•apuoq He pan Ann 92paiewmiae pue jun 'amauxe of•pue '02.hams in amsu s31.8815 01 :IPA at'nanodied 8uptogol a42 203 spa/Lau pull aTuaoaTreo jo ,satnS 311110;pus sy s(auimta,lnytel pun 91111 s1( V Tuaoa,T re0 30 92329' ODsTa.118a'a We Jo ACID gyp pp IITgasN •Z sgq.aa.g pus uospas4o1H '14 OTTITg 41148)[ •0 'H '4asTTTEH 'a •r teioddn pun ainuilsuoa Agaiaq eaop 'puejlaepj Jo e1328 341 ui'mowgjon )o Ani 941 as aag)o (udi3upd su Suing!pun 'puejAze jo ai329. all 7o 9Mnl 9111 spun 2upalna pun paelunSio uopnnodloa n 'ANVdWOD AINVHVRo aro A.LI'IaQj3 SILV S (13111411 2841 nesse fd:ara91/9 sash IN along. L9T89, °N otatalallvisi 30 U SMOd 'T013112E0 AdOD ciaiil L laD ' • COPY OF RESOLUTION That Whereas,it is necessary for the effectual transaction of business!that this Company appoint agents and attorneys with power and authority toact for it and in its name in States other than Maryland, and in the Territories of the United States and'in the Provinces of the°Dominion,of Canada and in the Colony of Newfoundland: Therefore, be it Resolved, that this Company do,and it hereby does, authorize and empower its President oreither of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate.seal, to appoint any personor persons as attorneyy or attorneys-in-fact, or agent or agents of said Company, in its name and as itsact•to execute and deliver any and all con- tractsguaranteeing the fidelity of•persons holdingpositions of public or privatetrust; guaranteeing the performances of contracts other, than insurance policies and executing or guaranteeing bonds and undertaking% required'.or, permitted in all actions or proceeding% or by law allowed;and Also, in its name and'as its attorney or attorneys-in•fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations,.stipulations,.undertakings or anything in the nature of either of the same, which are or may by law,; municipal or otherwise,or by any Statute of the United States or of any State or Territory of the United States or of.the Provinces of the Dominion of Canada or of the Colony of Newfoundland,:or by the rules,regulations,orders„customs, practice or discretion of any board„ body, organization, office'.or officer, local, municipalor otherwise, be allowed, required or permitted to be executed, made, taken, given,. tendered,accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, bodyoffice interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which.maybe provided for in any such bond, recognizance, obligation. stipulation,or undertaking, or, anything in the nature of either of the same. h Mark F. Boyer , an Assistant Secretary of.the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to J. F. Hallisey„ R. C. Kahn, Billie M. Richardson and Bertha Z. Martin of San Francisco ,, California , authorizing and empowering them 'to sign bonds.aa therein set forth,which,power ofattorneyhas never been revoked and is still in full force and!effect. And I'do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company,duly called and held atthe office of the, Company in the City of Baltimore,on the 11th day of July, 1910, atwhich meeting a quorum of the Board of Directors was present, and that theforegoing is atrue andcorrect copy of said resolution,and the whole thereof asrecorded in the minutes of said meeting. In Testimony Whereof,I have hereunto setmy handand theseal of the UNITED 'STATES. FIDELITY,AND. GUARANTY COMPANY on. June 11, 19$0 (Date) • Assistant Secretary. AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY :California STATE OF COUNTY OF Santa Clara ' On this 27th da of June I 00 before me Idabel le Mill personally appeared Attorney-in-fact, 'nf The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me 'July sworn, did depose and say, that he resides in Los Al tOS • that he is the i ' 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 instru nt as Attorney-in-fact of said car- -, poration by like order. �IIIIIIIIIIIIILIIIE6Le[LE[ILICn[II[[L[[[[n[IIIIIIIIIII }:fyjy Commiston -yam- A.F.F. LG!A4. SEAL )...... .. ••. JANET R. OBERG Notary ° L t -Form 5.170 E _ 'N' `wp NOTARY PULING — CALIFORNIA 't e' RRI'CIRAL OFFICE IN THE le; COUNTY OF SANTA CLARA Comm.Exp. Jan. 24, 1983 LABOR AND MATERItL BOND / , KNOW ALL MEN BY THESE PRESENT:' • WHEREAS, the City of Cupertino, State of California, and Calhoun Brothers' 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 bona 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 Twelve Thousand Four Hundred Sixty-Five Dollars ($ 12,465.00 ) . 1 THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its _ subcontractcrs , hairs, executors , -administrators, successors or assigns ; shall fail to pay for any materials, provisions , provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Un- employment Insurance Act with respect to such work or labor, then said Surety :All pay the same and also will pay in case suit is brought upon this bond, itch 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 Procedure, so as to give a right of action to them or their assigns -in any suit ; nought upon this bond. and Material Bond Page 2 And the said Surety, for value received, hereby stipulates , and agrees that no -chcnge , extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time , alter- ation or addition to the terms of the contract or to the work or to the speci- fications.' IN WITNESS C [EREOF, this instrument has been duly executed, by the Principal and Surety this 27th day of June , 1980 - (To be signed by • Principal and Surety CALHOUN BROTHERS • and acknowledgment Principal ' and notarial seal attached.) - . OHIO CASUALTY INSURANCE COMPANY • Surety • BY47ir Attorney-in-Fact / • • Idabelle Mill The above bond is accepted and approved this day of , 19 STATE-OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On , 19 , befo=e .me, the undersigned, a Notary Public in and for said State, personally appeared - known to me to be the persons whose names are subscribed to the within Instrument, and .acknbuiledged to me that they executed the same. WITNESS my hand and official seal. Notary Public in and for the County of Santa Clara, State of California • 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 , 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 `';-:;Y::,...- CERTIFIED COPY OF POWER OF ATTORNEY ' THE OHIO CASUALTY INSURANCE COMPANY HOME OFFICE, HAMILTON, OHIO ' No.. 14-150 fIIIALI I NI matt kg When Preffetrtn: 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 Miall or Gary P. Shearer — its true and lawful agent ana attorney -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 (S ]1,000,000.00 — ) Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes an 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, �a1E11.11.1ft4 In WITNESS WHEREOF, the undersigned officer of the said The- Ohio Casualty frail • " ' Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the Eat SEAL If, said The Ohio Casualty Insurance Company this 8th day of July ' 19 76 - /Y•� flottfix.ot (Signed) Richard T. Hgffmarl • usuwnmsu0 - STATE OF OHIO, COUNTY OF BUTLER J i 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 wereduly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. `e• s9¢ut t e4��- IN TESTIMONY of Hamilton. S�eOF, I have of Ohio, the hereunto nand yt ear my above wrind and tten. 4, xed my Official Seal at the Cityofday y *i �,1 j*_ (Signed) • oat• 1'.pt. Notary Public in and for County of Butler, State of Ohio :... '"4�1f14im11lMS��� My Commission expires D @Sser11 .P. ." a... ,97b4 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 real, acknowledge and deliver any andall 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 maybe 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 seals 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 this27thday of June A. D., 19 80 ezmni .,smatylilrtpLf t•` SEAL =g ' . Y 4@ 476"1 171116 U��p� w umm,�"`O� Assistant Secretary S-4300-C 10-74-3M - ' AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY STATE OF Cal i forni a 'COUNTY OF Santa Clara SS. On this 27th day of June 19 80 before me ':personally appeared I dabe lle Mill 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 Lo ..A.ltQs • 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 cor- poration by like order. [Ammo llllllEnIECn➢CEECEEIUE1EEEIEECCI!llIEEEIEEEHEIBD MyCommissrin ; pR OFFICIAL SEAL JANET R. OBERG1.1-1 4a ua. ibrm S.170 1.:7" . NOTARY PUBLIC - CALIFORNIA $ IRAL OFFICE IN THE �. COUNTY OF SANTA CLARA Comm.Exp. Jan. 24, 7983 y iL ' •FAI•THFUL- PERFORMANCE BOND e ICWW ALL MEN BY THESE PRESENTS: THAT WE, Calhoun Brothers 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 Twelve Thousand Four Hundred Sixty-Five Dollars ($ .12,465.00 ) 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: STELLING ROAD EXTENSION, PROJECT 80-22 • ' 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 27th day of June , 19 80 • • (To be signed by Principal and Soret - and acknowledgment.) CALHOUN BROTHERS • Principal OHIO CASUALTY. INSURANCE COMPANY Surd By: 1,91aL2� �GfIL_il Attorney-in-Fact 1 Idabelle Mill The above bond is accepted and approved this day of , 19 G ' . a • STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA) On ,' 19 , before me, the undersigned, a Notary Public 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. Notary Public in and for the County of Santa Clara, State of California • 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 , 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 -713- ti CERTIFIED CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY HOME OFFICE, HAMILTON, OHIO No. 14-150 C1DW AU men kg g[WIfe prnient6: 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 and lawful agent and attorney -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(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. +till gsssyIn WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty 4:• 4 Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the e�p SEAL said The Ohio Casualty Insurance Company this 8th day of July 19 76 1. +� (signed) "�N:rnlr6B°®m Richard T. Hoffman umumninm�<� STATE OF OHIO, 1 Assistant Secretary COUNTY OF BUTLER J On this Sth 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 - f 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. oss!iness4,, IN �Aaot�:�A�49/ Seal at the City Ham tNY on.S�eOF. I of Ohio, the e dayato set my and year first above wrnd and itten.xed my Official .42 .�V i,1 ' (Signed) *•�,� ;� �*_= Rl2=1.tby...F.�7,tef. z,,: ; 2$'-as•p 4' Notary Public in and for County of Butler, State of Ohio My Commission expires ......Prl1 ?.....4a...7,1.7N 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 end seal. to he 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 thisz7thday of June A. D., 1CO fl ti , 1(.-t /L r.Yitine 6+`44' Assistant Secretary 5-4300-C 10-74-3M