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87-035 Hood Corporation, Reconstruction of Curbs, Gutters and Sidewalks, Project No. 88-101 r- . atm of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408)252-4505 • September 25, 1987 Hood Corporation Attention: Jim Riggs 369 East 12th Street Pittsburg, CA 94565-0127 RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS PROJECT 88-101 We are enclosing to you for your files one (1) copy of the Contract for Public Works by and between the City of Cupertino and Hood Corporation, which has been fully executed by City Officials, award of contract was approved at the regular meeting of the City Council of the City of Cupertino, on September 17, 1987 Enclosed please find your bid bond. Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPER INO • DC/so encl. cc: Department of Public Works //. CONTRACT FOR PUBLIC WORKS CONTRACT made on September 21, 1987 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and HOOD CORPORATION ,hereinafter called the CONTRACTOR. • IT IS HEREBY AGREED by the parties as follows : 1 . THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents : A. Plans and Specifications for RECONSTRUCTION OF CURBS, GUTTERS & SIDEWALKS • PROJECT 88-101 B . Faithful Performance Bond, Labor and Materials Bond, Insurance Certificate C. This Contract D . Bid Proposal referred to as Exhibit A Any and all obligations of the CITY and the CONTRACTOR are fully set forth and described herein. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents . The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents . In case of conflict between the Plans and the Specifications on the • one 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, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of Reconstruction of Curbs, Gutters and Sidewalks, Project -U8-101 as called for, and in the manner designated in , and in strict conformity with, the Plans and Specifications prepared by : Mr . Bert J . Viskovich, Director of Public Works and adopted by the City, which Plans and • Specifications are entitled, respectively, Reconstruction of Curbs, Gutters and Sidewalks, Project 88-101 • Page 1 and which Plans and Specifications are identified by the signatures 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 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: Mr , 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 : ONE HUNDRED THREE THOUSAND EIGHT HUNDRED FIFTY EIGHT A1020/100 DOLLARS ($103,858.20) subject to additions and deductions as provided in the Contract. Documents, per Exhibit "A" attached hereto. 4 . DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5 . PERMITS, COMPLIANCE WITH LAW . The Contractor shall, at his expense, obtain all necessary permits and licenses, easements , etc. , for the construction of the project, give all necessary notices , pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6 . INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation . Where the Specifications require work to ' be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor' s expense. 7 . EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, • Page 2 deviations, additions or omissions from the Specifications or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair-and - reasonable valuation, which valuation shall be determined either by reference to the unit prices , if applicable, or in accordance with • the agreement of the parties , or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. 8 . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance - - with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. 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 determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties , or -in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10 . TIME FOR COMPLETION. All-work'under this Contract shall be completed: BEFORE DECEMBER 1, 1987. 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 transportation, unavoidable casualties or any causes beyond the Contractor' s control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents . Page 3 11. INSPECTION AND TESTING •OF MATERIALS . The Contractor shall • notify the City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, • in order that the City may arrange for mill or factory inspection and testing of the .same, if the City requests such notice 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 appointed on account of his insolvency , or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days , cease and terminate . In the event of any such termination, the City shall_ immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written 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 Contractor and his surety shall be liable to the City for any excess 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 pioperty belonging to the Contractor as may be on the site of the work and necessary therefor. 13 . THE CITY' S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE _ APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final . completion and acceptance of all work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Contractor or any subcontractors for labor and services 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 determination of the claim or claims . With respect to any retention of payment by the City to ensure performance of the Contract, Contractor will be entitled to substitute securities 'as provided in Section 4590 of the California Government Code as more fully described in the City' s Notice to • Contractors. Page 4 14 . NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) 'if the notice is given to the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails , enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative atthe site of the project, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to said Contractor at: P.O. BOX 1277, PITTSBURG, CALIFORNIA 94565 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 approval of the City. 16 . COMPLIANCE WITH SPECIFICATIONS OF MATERIALS . Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless 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. 17 . CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100% ) 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 (100% ) 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 payment of a reasonable attorney' s fee to be fixed by the court in case suit is brought upon the bond. Page 5 18 . INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the • City, nor shall the Contractor allow any subcontractor to commence work on his subcontract• until all similar insurance required of the subcontractor has been so obtainedand 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 Contractor' 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) WORKER' S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take ut and maintain during the life of this Contract Worker' s Compensation 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 subcontractor similarly to provide Worker' 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 following 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 employer to be insured against liability for worker' s compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance 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 covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also excluding what are commonly known as the "X, C, and U" exclusions (having to do • with blasting, collapse, and underground property damage) , which may arise from Contractor' s operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such -insurance 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 Page 6 • Property Damage Liability Insurance in an amount not less than $250,000.00 The City and its officers and employees, shall be named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers 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 excess insurance only. 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 anytime arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement or alleged infringement of the patent rights of any person or persons , firm or corporation in consequence of the use in , on, or about said work, of any article or material supplied or installed under this Contract. Notwithstanding the above, the Contractor shall wherever it is necessary keep and maintain at his sole cost and expense during the 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 . dayandURfortyWOhoursEloft labor duringht hours of or drinanyuonegcalendarany oneweecaendar klshall 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 Contract, shall be- required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, 'work performed by employees of contractors in • excess of eight hours per day and forty 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 whereof are deemed to be incorporated herein , the Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25 .00 ) for each laborer, worker, or mechanic employed in the execution of - this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during • which said laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said Sections of the Labor Code. • Page 7 The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar y and each calendar week by all laborers, workmen, and mechanics dmployed 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 of its officers or agents and to the Division of Labor Law Enforcement of the Department of Industrial Relations of the State of California. 21 . WAGE RATES . Pursuant to the Labor Code of the State of California, or local law thereto applicable, the city has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is to be performed, for each craft, classification, or type of laborer, wprkman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof . Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the City. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime, hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by. him or her connection with the public work. (b) The payroll records enumeratedunder subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis : (1) A certified copy of an employee' s payroll record shall' be made available for inspection or furnished to such employee or his or her authorized representative on request. - - (2) A certified copy of all payroll records enumerated in • subdidision (a) shall be made available for inspection or • furnished upon •request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations . (3 ) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for` inspection or copies thereof made, provided, however, that - a -request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards , or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor. contractor shall certified rds enumerated insubdivision (a) with the entity that . requestedeCsuch records within ten (10 ) days after receipt of a written request. Page 8 (d) Any copy of records. made available for inspection as copies and furnished upon request to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner • as to prevent disclosure of an individual ' s name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, city and county and shall, within five working days , provide a notice of a change of location and address•. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10 ) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such ten (10 ) day period, the Contractor shall, • as a penalty to the state of political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00 ) for each calendar day or portion thereof , for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. (g) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility for compliance with this section on the prime contractor. Th) The director shall adopt rules consistent with the California Public Records Act, (Ch ; 3 .5 (commencing with Section 6250) of Div . 7; Title 1. Gov. Ch. ) and the Information practices Act of 1977,. _ (Title 1.8 (commencing with Sec. 1798) Pt. 4 , Div . 3 , Civ . C. ) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch . 1249) . 1775.5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. • Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. Page 9 • Only apprentices, as defined in Section 3077 , who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing with Section 3070 ) , Division 3, of the Labor Code, are ' eligible to be employed on public works. The employment and trainingof each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training. When the Contractor to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in any. apprenticeable craft or trade, the contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprenticeships in the area or industry affected; provided, however, that the approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship or committees, subsequent to approving ' the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the Contractor or subcontractor in order to comply with this section . There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards . The ratio of apprentices to journeymen who shall be employed in the craft or trade on the public work may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no case shall the ratio be less than one apprentice for each five journeymen, except as otherwise provided in this section . • The Contractor or subcontractor, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in such craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen' stipulated in the apprenticeship standards. Upon proper showing by the Contractor that he employs apprentices in such craft or trade in 'the state on all of this contract on an annual average of not less thanone apprentice to each five journeymen, the Division of • Apprenticeship Standards may grant a certificate exempting the Contractor for the 1-to-5 ratio as set forth in this section. This ' section shall not apply to contracts of general contractors involving less than thirty thousand ($30,000 .00 ) or twenty ( 20) working days or to contracts of specialty contractors not bidding . ' for work through a general or prime contractor, involving less than two thousand dollars ($ 2,000 .00 ) or fewer than five ( 5 ) working days . • • Page 10 • "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion rho grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions are met: (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b ) In the event the number of apprentices in training in such area exceeds a ratio of 1-to-5 , or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis . If assignment oftice a ny work conditionerfo hichunwder a ould jemployeesof ehis the. public . at large lif esafety, the specific ptaskrto whichtheapprentice When such exemptions are granted to an organization which' represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards. • A to whom ths subcontractororunder him, who, inontract performingiany ofwthe ework,orunder any the . Contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any,. such craft or trade in the area of the site of the public Site work, to which fund or funds other contractors in the area of the fund orffunds pinleachic wcraftork arore ctradebiniwhichng, hhelemploysbjoe to the or apprentices on the public work in the same amount orouponythe • same basis and in the same manner as the other contractors do, but where the trust fund administrators - are unable to .accept such funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The contractor or _ subcontractor may add the amount of such contributions in computing his bid for the contract. The Division of Labot' 5tandards Enforcement is authorized to enforce the payment Of sdcft d ntributions to the fund or funds as set forth in Section 227 , . . • • Page 11 • • • ' The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section . Such • stipulations shall fix the responsibility of compliance with this section for .all apprenticeable occupations with the prime contractor. All decisions of . the joint apprenticeship committee under this section are subject to the provisions of Section 3081 . . (Amended by Stats . 1976 , Ch. 1179 ) 1777 .6 It shall be unlawful for an employer of a labor union to refuse to accept otherwise qualified employees as registered apprentices on any public works, an the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by Stat. 1976, Ch. 1179 ) 1777 .7 (a) In the event a contractor willfully fails to comply with the provisions of Section 1777 .5, such contractor shall: (1) Be denied the right to bid on any public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship; and ( 2) Forfeit aS a civil penalty in the sum of fifty dollars ($50 .00 ) for each calendar day of noncompliance. NothMithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall withhold from contract progress payments then dile or to become due such sum. (b ) Any ' such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable .notice theteof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. _ (c) Any ' funds withheld by the awarding body pursuant to this Section shall be deposited in the general fund if the &Wardingbody is a state entity, or in the equivalent fund of an awarding body if such awarding body is an entity other than the State. • The interpretation and enforcement of Sections 1777.5 and 1777 .7 shall be ' in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats , 1978 , Ch . 12497 • It shall be mandatory upon the Contractor, and upon any ,subcontractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the • execution of the Contract. It is further expressly stipulated that the. Contractor shall, as a penalty to the City, forfeit twenty-five dollatf ($25 .00 ) for each calendar day, or portion thereof, for :' • Saab abater) workman, or mechanic paid lessthan the stipulated ;; pte�Miling rates for any work done under this contract by him or by -:' an? 'bubeonttactor tinder work done under this Contract by him or by ;' &Hy Subcontractor under him; and Contractor agrees to comply with ' all provisions of Section 1775 of the Labor Code. • Page 12 • • • In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any • person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter 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 exercised at all times for the protection of persons ( including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed . Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction safety Orders issued by the Industrial Accident Commission of the State of California. 23 . PAYMENT. Not later than the first Tuesday of each calendar month, the City will make partial payment to the Contractor on the basis of a duly certified approval estimate of the work performed and materials incorporated in the project, during the preceding calendar month, by the Contractor, 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 evidenced 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% ) of said contract price so held back as provided; said certificates to be furnished by and obtained from the City' s representative shall, before the last Tuesday of each . month, deliver said certificates under hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of • completion. In event of the failure of the City' s representative to furnish and deliver said certificates or any of them or in lieu • Page 13 • • 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 to whatever inspection and approval may be required by law. 24 . PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, located on the site of construction, 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. The City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the • presence of such visible facilities as buildings, and meters and • junction boxes on , or adjacent to, the construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or • other public utility, to provide for the removal or relocation of • the existing utility facilities . If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plana and Specifications, the service laterals as hereinabove 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 . NEVERTHELESS, 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 building, work, or equipment or any part thereof, or in, Page 14 • • on, or about the same during its construction and before acceptance. 26 . CONTRACTOR' S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by the 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 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 the time fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated damages in the sum of ONE HUNDRED FIFTY AND NO/100 DOLLARS PER WORKING DAY ($150.00) for each and every working day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any exdess. '28. ADDITIONAL PROVISIONS. None Page 15 GENERAL ACKNOWLEDGMENT NO.201 ((lfl Il !!!l.p r.crr!!Jl ll!!!J/Ilt./lll_lt!!!I/lll oocc!. !/llllllJl!l!!/JJllllll!!!!llll_,w !� State of I1LI� l On this the a7 day of 644 64419 before me, 0 County of %/ 77/9 � i 11 the undersigned Notary Public,personally appeared ti k1 6 o �.•,p OFFICIAL SEAL q0 b personally known tome yf�`� �;NOTBERRa.FAcauRowutu( 'R' proved to me on the basis of s tisfactory evidence CONTRAo cosrncoueTv (6{ to be the person(s)whose nam (s) /�/ subscribed to the kl �• My Comm.Wires xPL.14.1987 within instrument,a kno ledged that �!- - executed it. N. " "-'��vVVw� VVVVvvVv WIT and dofici Ise I. .l 1 — -�✓ 6 '6 Notary's Signature 1 V File: 50,312 • P.O. No. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO AIM Approved as to fo Mayor: City Attorney City Clerk: 943(7/1 f Date/City Clerk: , // /A ,`, t pr G •s I e 0 9 CONTRACTOR: HOOD CORPORATION t r gil :i • r utZtlas By: /9 kJ Notary acknowledgment required. 12.711 Az cuir 19s7 • If a corporation, corporate seal ' . and corporate notary acknowledgment required. Project, Name and Number:. RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS PROJECT 88-101 Contractors Name: HOOD CORPORATION Contract Amount: ONE HUNDRED THREE THOUSAND EIGHT HUNDRED FIFTY EIGHT AND 20/100 - ($103,858.20) • .•COntraot Account Number: 110-720-989 ' • Page 16 • EXHIBIT "A" PROPOSAL RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS • PROJECT 88-101 • TO THE DIRECTOR OF PUBLIC WORKS, CITY)OF CUPER IN0, STATE OF CALIFORNIA, SANTA CLARA COUNTY: Dear Sir: • In compliance with the specifications furnished for the Reconstruction of Curbs, Gutters and Sidewalks, Project 88-101, 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 consist of the furnishing of all labor, equipment and materials necessary for the removal and reconstruction of certain concrete curbs, gutters and sidewalks complete in place, in accordance with the special provisions and the City of Cupertino Standard Specifications and Details. The contractor is cautioned that utilities and/or sprinkler systems exist with this project and he will be required to use extreme .caution to prevent any damage. Any damage to the existing utilities shall be repaired at the expense of the contractor. A bid bond in the amount of ten percent (10%) of the base bid is required. BID EST.QTY. ' ITEM UNIT ITEM i UNIT PRICE TOTAL 1. 10,536 SF Remove & reconstruct concrete $ 5.70 /SF $ 60,055.20 sidewalk complete & in11ace far Five dollars and Seventy cents Dollars/SF 2. 2,170 LF Remove & reconstruct concrete $ 15.50 /LF $ 33,635.00 curb & gutter complete & in place for Fifteen dollars , and Fifty cents Dollars/LF 3. 200 SF Remove & reconstruct five inch $ 7.50 /SF $ 1,500.00 (5") PCC driveway complete & in place for Seven dollar's and Fifty cents Dollars/SF 4. 197 EA Provide for root cutting ofi $ 44.00 /EA $ 8,668.00 street trees complete & in place for Forty Four dollars and no/100 � Dollars/EA TOTAL $ 103,858.20 PROPOSAL PAGE 1 0 5 l/0r d'�� I, the undersigned agree that if this proposal is accepted, I will enter • into a contract with the City of Cupertino to provide all necessary machinery, tools , apparatus, and other means of. construction and to do all the work specified in the contract in the manner and tine specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting dace where conflict of con'struccion schedules occur. Attached hereto is the required certified check or bid bond in the amount of $ Ten Percent , as required by law and the Notice to Bidders. (10% of bid amount) PROPOSAL PAGE 2 OF 5 A. BID DOCUMENTS , Continued BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfulness and accurancy of the inform=a- tion is hereby guaranteed. (1) How many years has your organization been in business under its present name? Twenty-Nine Years (2) How many years experience in work comparable with that required under the proposed contract has your organization had by this or any ocher name? sixty-Five Years (3) Contractor's License No. 136751-1 , State of California, Classification General Eneineerinc (4) List work similar in character to that required in the proposed contract which your organization or personnel in your organization has completed within the past 3 years. Year Class, Location of Work and for Whom Performed Contract Amount 1987 P. G. & E. Patch Paving & Concrete Sidewalk Repair $3,000,000.00 East Bay Region . 1987 P. G. & E. Patch Paving & Concrete Sidewalk Repair $ 132,000.00 Sacramento Region 1987 P. G. & E. Patch Paving & Cocnrete Sidwalk Repair $ 57,500.00 Cupertino Region 1987 P. G. & E. Patch Paving &Concrete Sidewalk Repair $ 308,000.00 San Jose, Areas 1 and 2 PROPOSAL PAGE 3 OF 5 A. BID DOCUNENTS , Continued • Name of Proposed Sub-contractors , if any (Section 4104, Government Code) 1. NONE 3. 4. 5. 6. Address if Shop or Office of Sub-contractors (Section 4104, Government Code) 1. N/A 2. 3. 4. 5. 6. Work to be Performed by Sub-contractors (Section 4104, Government Code) 1. N/A 3. 4. 5. 6. PROPOSAL PAGE 4 OF 5 A. BID DOCUMENTS, Continued • IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A COPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS: Individual: Co-Partnership Corporation X Joint Venture Ocher (Describe) Name and Signature of Bidder: Jim Riggs (Print) aY -L'1_• /�C>ca (Signature) Address (Both mailing and location addresses) : HOOD CORPORATION P. O. Box 1277 369 E. 12th Street Pittsburg, California 94565 Telephone Number: ( 415 ) " 427-6155 Date: August 11 , 1987 Addendas Received: 1 2 3 4 5 PROPOSAL PAGE 5 OF 5 :-? CHUBB GROUP of Insurance Companies ?,.:e 45.,900 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615 FEDERAL INSURANCE COMPANY BID BOND PREMIUM INCLUDED IN BID Bond No. 81089192-I Amount $ BOND SERVICE UNDERTAKIN Know All Men By These Presents, That we, HOOD CORPORATION • (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY,'Warren, New Jersey,a corporation duly organized under the laws of the State of New Jersey, (hereinafter called the Surety), as Surety, are held and firmly bound unto / CITY OF CUPERTINO City Clerk - Room 205 (hereinafter called the Obligee), City Hall - 10430 So. DeAnza Blvd. Cupertino, CA 95014 in the sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 23rd day of July , A. D. nineteen hundred and Eighty-seven. WHEREAS, the Principal has submitted a bid, dated August 11 , 19 87 , , for PROJECT 88-101, RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS. • • • _State of CALIFORNIA July 23; 1987 „before me, SS.. Algerine Sabb • 4' ,State of TAS ANGELES the undersigned Notary Public,personally appeared Robert T. Pierce OFFICIAL SEAL a personally known to me �!y, ALGERINE SABB ❑ proved to me on the basis of satisfactory evidence . S-N"S- Notary Public-California 'J,�. LOS ANGELES COUNTY to be the penon(s)who executed the within instrument es�� de 1 i1.� Attorney-In-Fact or on behalf of the corporation therein �;,;,o My Comm.Exp, May 17,1991 named,and acknowledged to me that the corporation executed it. ;i;; WITNESS my hand and official seal. \ &fu- . ' ' Notary's Sig ure • snits 11/1131 Corporate•G .____---- PRIMED P-53334(40M) 11.5"0. ._ ;-. 1CHUBB GROUP of Insurance companies aCR.-S—D17:- l 15 Mountain View Road. P.O. Box 1615, Warren, NJ 07061-1615 FEDERAL INSURANCE COMPANY BID BOND PREMIUM INCLUDED IN BI. Bond No. 81089192-I Amount $ BOND SERVICE UNDERTAKI Know All Men By These Presents, That we, HOOD CORPORATION (hereinafter called the Principal), as Principal,and the FEDERAL INSURANCE COMPANY,Warren, New Jersey, a corporation duly organized under the laws of the State of New Jersey, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF CUPERTINO City Clerk - Room 205 (hereinafter called the Obligee), City Hall - 10430 So. DeAnza Blvd. Cupertino, CA 95014 in the sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. • Sealed with our seals and dated this 23rd day of July r A. D. nineteen hundred and Eighty-seven. • WHEREAS, the Principal has submitted a bid, dated August 11 , 19 87 , for PROJECT 86-101, RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS. • NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a con- ci tract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give e911) such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the 1.1y . amount specified in said bid and the amount for which the Obligee may legally contract with another party to per- ' , form the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. HOOD CORPORATION Principal By: '1 FEDERAL INSURANCE COMPANY - By: 7 I —u-4 f Robert T. Pierce, Attorney-In-Fact PRINTED Form 15-020002(Rev.7-83) P-53334(40M) Litt POWER OF ATTORNEY IKnow,allMen'by these Presents,That the sFEDERALINSURANCE:COMPANY', f5 Mountain View Road;'Wafren,New Jersey,aNavy-Jersey Corpora lion, has"constituted and appointed, and does hereby constituteand appoint Ted H. Butler, John P. Brooks,, J. Frledman',a Robert T. Pierce,, Donald S. Huff and Carol Frost of Los Angeles, California each its true and Iawful;Attorney-in-Fact to execute under such designation,in its name and to affix.ft corporate corporate seal to and deliver for and:oh Its'behalf a': surety thereon or otherwise,bonds of any of the following classes,to-wit, 1. Bonds and Undertakings filed!in an suit,.matter or proceeding in anyCourt,or filed with any'Sherif or Magistrate,'for the doing:or'not doing of anythint specified in such Bond or Undertakings- - - 2" Surety bonds to the United States of America or any agency thereof,including those required or permitted under the laws or regulations relating;to Custom, or'Internal Revenue; License and Permit Bonds or other.indemnity bonds under the laws, ordinances or regulationsof any State,:City,Town,Village Board or other body or organization,public,or private;bonds to Transportation Companies, Lost Instrument bonds;Lease,bonds,Workers'Compensa 'tion bonds, Miscellaneous'Surety]bondsand bonds on behalf of,Notaries Publics Sheriffs, Deputy Sheriffs and similar public officials" r S. Bonds on behalf of contractors in connection With bids,,proposals'.:or contracts; In Witness Whereof,the.sald'FEDERAL INSURANCEtCOMPANY has),pursuant to Its By-Laws,caused!these'presents to be signed by its Assistant vice.President and Assistant'.Secretary and its corporate seal to be literalo affixed this' 'lst - day of January 1985' Corporate Seat 1. .�xw. •'al>Os • = • a FEDERAL INSU ANCECOM `/� a. ►'JER`? l By • � J. r x - ® - `, '.George McClellan, Richard •.Oto nor - - Assistant Vico-President Assistant Se STATE OF NEWJERSEY1. s3: County iof':Somerset On .e 1St this day of January 19 85 before me personally,came Richard:D:O'Connor to me known'and byme known to Assistant Secretary of the FEDERAL'IN SURANCE COMPANY,the corporation described in and Which executed the fore of p g ng power ofaffixe to the thesaidRPowero OConnor beingcby me duly sworn did depose and say that he ihority ofth Secretor mf the FEDERAL-INSURANCE COMPANY and knows the corporate seal thereof that seal affixed to the foregoing;Power of Attorney,is such corporate seal and was thereto affixed by authority the By$aw of said Company;and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority,end that he Is acquainted with George McClellan and-knows him to be the Assistant Vice-Presider of said'ComPany,,andlhaL the signature of said George MCClellaa subscribed to said'Power of Attorney is ib the'genuine handwriting of said George McClellan and was thereto subscribed by authority of:'sai, By Laws with deponent's presence, - Notarial Seal - L E G6 9 Acknowledged and Sworn to before me' ,on the date ab iwniten 4" ,Notary P 'c, -V .,.4" w J ES'y� CERTIFICATION , ALICE LEONARjf.`=e•�. - NOTARY PUBLIC OF NEY/lERSEY1', 'STATE OF:NEW:JERSEY Jl SS. My Commission!Expires lune 28, 1988 County of Somerset I,the undersigned Assistant Seeretary!Stile:FEDERAL INSURANCE COMPANY,do hereby certify'that the following'is a true excerpt from the By-Laws ofthe said Company as adopted:by its Board of Director. oh March 1i0953 and mast recently amended,March t 5 19831aadnhat Ibis-By-Law as in full forte and effect: - "ARTICLE:XVIII. Section,2.All tiondsu ndertakings,contracts and other instruments other than as abovefor endon behalf'of the Company which it is authorized My law or its charterto execute,may' and'shall be executed In the name and on behalfot the Company either by the Chairman or the Vice Chairman or the President or a Vice-President,jointly with the Secretary or an Assistant Secretary under their respectivedesignations except that any one or more officers or attorneys-in-fact designated In anyresolution of the Board of Directors or the Executive Committee or:in anypower of attorney executed as provided form Section 3 below,may execute any such bond,,ended eking or other obligation as provided in such resolution or power:of attorney Section 3 At powers of attorney for and-on behalf of thoCompanymayand shall be executed intoe name and on behalf of theCompany,either by theChalmnanorthe Vice-Chairman orthe President ore Vice"President or an Assistant Vice-President ioiitlywith the Secretary Oren Assistant Secretary,under their respective designations Thesignatureofsuch officers may be engraved.printed or lithographed." - I furthercesifythat said FEDERAL INSURANCECOMPANY is duly licensed to transact fidelityand surety business in each of the States of the United States of America District of Columbia,;Puerto Rico,and each often IPronnces of den@tlawith the exception of Prince Edward Island;and is elk'duly licensed to becomeeolesuretyon bontls;undedektngs,etc.,permitted or required bylaw. I the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY,do hereby cedifythaf the foregoing Power of Attorneyls in full force and affect:. 23rd July 87 Given under my hand and thereat of said Company at Warren N.J., — - - - day of1919 :Corporate Se SewsAPie . � ' `��y )' ( • .{,da.,*.1 f�0- AastatantSeccreylyVAy/'y` .®aki,, pi 'mtd` 1 x _" g_k'JERS`�„a pal@]Eo ! Form 10-03`" ENERAL, - u,g'A, • PROPOSAL RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS PROJECT 88-101 TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA, SANTA CLARA COUNTY: Dear Sir: In compliance with the specifications furnished for the Reconstruction of Curbs, Gutters and Sidewalks, Project 88-101, 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 consist of the furnishing of all labor, equipment and materials necessary for the removal and reconstruction of certain concrete curbs, gutters and sidewalks complete in place, in accordance with the special provisions and the City of Cupertino Standard Specifications and Details. The contractor is cautioned that utilities and/or sprinkler systems exist with this project and he will be required to use extreme caution to prevent any damage. Any damage to the existing utilities shall be repaired at the expense of the contractor. A bid bond in the amount of ten percent (10%) of the base bid is required. BID EST.QTY. ITEM UNIT ITEM UNIT PRICE TOTAL 1. 10,536 SF Remove & reconstruct concrete $ 5.70 /SF $ 60,055.20 sidewalk complete & in place for Five dollars and Seventy cents Dollars/SF 2. 2,170 LF Remove & reconstruct concrete $ 15.50 /LF $ 33,635.00 curb & gutter complete & in place for Fifteen dollars and Fifty cents Dollars/LF 3. 200 SF Remove & reconstruct five inch $ 7.50 /SF S 1 ,500.00 (5") PCC driveway complete & in place for Seven dollars and Fifty cents Dollars/SF 4. 197 EA Provide for root cutting of $ 44.00 /EA $ 8,668.00 street trees complete & in place for Forty Four dollars and no/100 Dollars/EA TOTAL $ 103,858.20 PROPOSAL PAGE 1 OF 5 OK' u1P2,41 rF 1 • I, the undersigned agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and tine specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check or bid bond in the amount of $ Ten Percent , as required by law and the Notice to Bidders. (10% of bid amount) • PROPOSAL PAGE 2 OF 5 • ( i A. BID DOCUMENTS, Continued BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfulness and accurancy of the informa— tion is hereby guaranteed. (1) How many years has your organization been in business under its present name? Twenty-Nine Years (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? Sixty-Five Years (3) Contractor's. License No. 186761-A , State of California, Classification General Engineering (4) List work similar in character to that required in the proposed contract which your organization or personnel in your organization has completed within the past 3 years. Year Class, Location of Work and for Whom Performed Contract Amount 1987 P. G. & E. Patch Paving & Concrete Sidewalk Repair $3,000,000.00 East Bay Region 1987 P. G. & E. Patch Paving & Concrete Sidewalk Repair $ 132,000.00 Sacramento Region 1987 P. G. & E. Patch Paving & Cocnrete Sidwalk Repair $ 57,500.00 • Cupertino Region 1987 P. G. & E. Patch Paving &Concrete Sidewalk Repair $ 308,000.00 San Jose, Areas 1 and 2 PROPOSAL PAGE 3 OF 5 • 41 ti A. BID DOCUMENTS, Continued Name of Proposed Sub—contractors, if any (Section 4104, Government Code) • 1. NONE 2. 3. 4. 5. 6. Address if Shop or Office of Sub—contractors (Section 4104, Government Code) 1. N/A 2. 3. • 4. 5. 6. Work to be Performed by Sub—contractors (Section 4104, Government Code) 1. N/A 2. 3. 4. 5. • 6. PROPOSAL PAGE 4. OF 5 A. BID DOCUMENTS, Continued IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A COPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS: Individual: • Co-Partnership Corporation X Joint Venture Other (Describe) Name and Signature of Bidder: Jim Riggs / (Print) (Signature) • Address (Both mailing and location addresses) : HOOD CORPORATION • P. O. Box 1277 369 E. 12th Street Pittsburg, California 94565 Telephone Number: ( 415 ) " 427=6155 Date: August 11, 1987 Addendas Received: 1 2 3 4 5 PROPOSAL PAGE 5 OF 5 ' gC0I'd CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) 9/2/87 2Y p PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Li NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, Alexander & Alexander of California Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3550 Wilshire Boulevard COMPANIES AFFORDING COVERAGE Los Angeles, California 90010 TWX 910-321-2907 ALEXLSA LSA COMPANY A (213) 385-5211 LETTER Insurance Com.an of North America COMPANY B INSURED LETTER COMPANY C Hood Corporation LETTER 8201 South Sorensen Avenue COMPANY D Whittier, California 90607 LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO'THE-INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION,OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 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 CONDI- TIONS OF SUCH POLICIES. COPOLICY EFFECTIVE POUCY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OFINSURANCE POLICY NUMBER DATE IMMICDI(Y) DATE(MM/DDPIY) ® EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY . In COMPREHENSIVE FORM (SCG)G0004498-2 04-15-87 04-15-88. INJURY PREMISES/OPERATIONS PROPERTY © UNDERGROUND DAMAGE FM UNDER ROUCOUAPSENAZARD © PRODUCTS/COMPLETED OPERATIONS ® CONTPACTUAL COMBNE, $ 1,000 $ 1,000 © INDEPENDENT CONTRACTORS ® BROAD FORM PROPERTY DAMAGE © PERSONAL INJURY PERSONALINJURY $ 1,000 ■ AUTOMOBILE LIABILITY BODMY In ANY AUTO NJUR ryB1Pm50Nl $ IN� ALL OWNED AUTOS(PRIV.PASS.) SCA010707 04-15-87 04-15-88 BODILY I/. ALL OWNED AUTOS (my AS HAN) iaERACGGBRI $ fl HIRED AUTOS NON-OWNED AUTOS DAMAGE $ DAMAGE ■ GARAGE LIABILITY ■ COMBINED $1,000 EXCESS LIABILITY I UMBRELLA NUM BIB PD $ $ COMBINED 1. OTHER THAN UBAaLAFOAM. 11111111111111111 WORKERS'COMPENSATION STATUTORYAND (RSC)C2856161-1 04-15-87 04-15-88 $ i,t (EACH ACCIDENT) EMPLOYERS'LIABILITY _ $ i.I (DISEASE-ROUC(LIMIT) $ E/I (DISEASEEACH EMPLOYEE) OTHER I As respects all operatio s of the Named Insured DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Reconstruction of Curbs, Gutters and Sidewalks - Project No. 88-101. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- 3 I�r PIRATION DATE THEREOF, THE ISSUING COMPANY WILL lYy1I[ 711;p Cupertino, California MAIL �mT�S�O{ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Xiz7GMlK 4 :V:11-. ;A, '0•1tI 1 I W;; 1 »�, ' ,,;I�.44 ',:ti. - Hi RI OR R• TATIVE/ • ay Registered Mail A • ACORD 25(8/84) '' _• • ©IIIIR/ACORDCORPORATION 1984 OR IG.PRINTING ' s AUGUST 1984 ENDORSEMENT CONSTRUCTION RISK MANAGEMENT INSURANCE COL Named Insureds Endorsement Number ,f) Hood Coroorati n To Be Assigned 14 ,' Policy Symbol Policy Number Policy Period Effective Date of Endorsement SCAO10707/SCm 004498-2/P_SL'7856] 61-7 4/15/87 — 4/15/88 September 1, 1987 Issued bylName of Insurance Company) _lnsnrance C attiy c)f Nnrt-h 21mer'ca Ii is agreed that this policy is hereby amended as indicated- All other terms and conditions of this policy remain unchanged. BLANKET ADDITIONAL INSURED ENDORSEMENT It is hereby agreed that any entity required by contract (hereinafter called "additional insured") to be added as an insured under this policy shall be included for coverage automatically under this policy provided that: 1. The coverage and limits will not be greater than those required by such contract. 2. All insuring agreements, exclusions, and conditions will apply, 3. In no event shall the coverage or limits in this policy be increased by such contract. The insurance afforded by this endorsement shall only apply with respect to liability arising out of (1) operations performed for the additional insured by the named insured or (2) acts or omis- sions of the additional insured in connection with hi; general supervision of such operations, • The insurance afforded by this endorsement shall be excess over any valid and collectible insur- ance available to the additional insured whether primary or excess/umbrella unless a contract specifically requires that this insurance be primary. The other insurance clause (Condition 6) is amended accordingly. Aoditional Exclusions. Except when required otherwise by a contract, the insurance afforded by this endorsement does not apply: (a) to loss occurring after (1) all work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or (2) that portion of the named insured's work out of which the injury or damages arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (b) to loss arising out of any act or omission of the additional insured or any of his employees, other than general supervision of work performed for the additional insured by the named insured; VIE.? coilefRUCTION RISK MANAGEMENT 'INSURANCE ••CGL ENDORSEMENT ORIG. PRINTING AUGUST 1984 Named d Insureds Endorsement Number Hood Corporation To Be Assigned Policy Symbol Policy Number Policy Period Effective One of Endorsement SC2k010707/SCGG0004498-2/RSCC2856161-1 4/15/87 — 4/15/88 September 1, 1987 Issued by (Name of Insurance Company) Insurance CorRany of North America It is agreed that this policy is hereby amended as indicated. AU other terms and conditions of this policy remain unchanged. BLANKET ADDITIONAL INSURED ENDORSEMENT (cont.) (c) to property damage to (1) property owned by or occupied by or rented to the additional insured, (2) property used by the additional insured, (3) property in the care, custody, or control of the additional insured or as to which the additional insured is for any purpose exercising physical control, or (4) work performed for the additional insured by the named insured. With respect to architects, engineers, or surveyors or any other organization providing professional services, the insurance afforded by this endorsement does not apply to bodily injury, property damage, or other loss arising out of the rendering of or the failure to render any professional ser- vices including: (a) the prepration or approval of maps, plans, opinions, reports, surveys, designs, or specifications and (b) supervisory, inspection, or engineering services, Additional Definition. When used in references to the insurance afforded by this endorsement, "work" includes materials, parts, and equipment furnished in connection therewith. • • • VI.E.8 On this 14th day of September in the year 1987 STATE OF CALIFORNIA before me, COUNTY OF CONTRA COSTA Robert V. Rouner a Notary Public,State of California, (, duly commissioned and sworn,personally appeared C.A•..F.antozzi C --ft" OFFICIAL SEAL �--1"`_ a ROBERT V. ROUNNR personally known to me (or provedjto me on the basis of satisfactory evidence) to be 1. NOTARY FUBLIC — CALIFORNIA the person....whose name..1.5 / CONTRA COSTA COUNTY subscribed to this instrument,and acknowledged that....he....executed it. My Commission Expires Ju ly 23.1939 IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal .re'-^..:--- "•.._. ."' �_ in the County of 6O1 RAILROAD AVE. „•COntra.Co8taip,,gp„,tokesie„.47,4,on the date set forth above PITTSBURG,CA 94565 in this certificate. ms ago„•„l,n ray•genal lrm-w+s mar. doorw•re lewro•Da/tsarbane area timNotary Public.State of California uay a-•.r o Intended m•.a as a vm.n,is vn•ms•on an'norm.Ti+ o.ns non m, ' m4,any wryer,• as o.ren r as lo 11•legal reWry of any pr orison r an males/a mesa hymn m any sgernc bansara. My commission expires Cowdery's Form No.32—Acknowledgement to Notary Public—Individuals—(C.C.Sec. 1189)—(Rev. 1/83) 1 ' State of CALIFORNIA1 On August 27, 1987 ,before me, LOS ANGELES )Ij SS' Charlotte E. Wallace County of , the undersigned Notary Public, personally appeared 1 John P. Brooks _ _ _ _ a personally known to me i baI OFFICIAL SL ❑ proved to me on the basis of satisfactory evidence CHARLOTTE E. WALLACE Notary Public-California to be the persons) who executed the within instrument as LOS ANGELES COUNTY Attoxney—In—Fact or on behalf of the corporation therein ,—— - _,_ _MyComm. Exp.Dec.8, 1989 f named,and acknowledged to me that the corporation executed it. i WITNESS my hand and official seal. Notary's Signature 1Y319 (1/83) Corporate-Ca EXECUTED IN 3 COUNTERPARTS FAITHFUL PERFORMANCE BOND Bond No. 8113-49-58 Premium: $770.00 MOW ALL MEN BY THESE PRESENTS: THAT WE, HOOD .CORPORATION as Principal and FEDERAL INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California. in the sum of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED FIFTY EIGHT & 20/100 DOLLARS. ($ 103,858.20 ) 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 August 27,1987 . with the Obligee to do and perform the following work to-wit: RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS PROJECT 88-101 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. k IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 27th day of August , 19 87 . • (To be signed by Principal and Surety and acknowledgment.) HOOD CO• •e '••T_• i By. Principal FEDERAL INSURANCE COMPANY Surety el By: .Ir - ttorney-in-Fact John P. Brooks The above bond is accepted and approved this day of , 19_ is POWER OF ATTORNEY ' • Know all Men by these Presents,That1he,FEDERAL INSURANCE.COMPANY;.15 MountainnView Road,Warren, New Jersey,a New.JerseyCorpore tion, has constituted and appointed,and does hereby constitute and appoint Ted H. Butler, John 'P.. Brooks, J. Fri:edman,. Robert T. Pierce, Donald S. Huff and. Carol Frost of Los Angeles, California each its true and lawful Attorneyin-Fact toexecute under such designation in its name and to affix itscorporate seal to;and deliver for r and'on its behalf a surety thereon,or otherwise, bonds of any of the following classes,.to-wit: 1 Bonds and Undertakings filed in any suit,matter or proceeding in any Court„or filed with any'Sheriffor Magistrate,for the,doing or not doing of anythin specified;in such Bond or Undertaking., 2. Surety bondsto the United States of America or any agency thereof,including those required or permitted under the laws or regulations relating to Custom or Internal Revenue; License and Permit Bonds or other Indemnity bonds under the laws,,ordinances or regulations of any'State, CityTown,Vlllagt Board or other body or organization,public or private;bonds to Trransportation'Companies,Lost Instrument bonds;Lease bonds,Workers'''Compenst lion bonds, Miscellaneous Suretyl bonds!and bonds on behalf of Notaries Public Sheriffs, Deputy Sheriffs and similar public officials. ' 3. Bonds on''behalf of contractors in connection with bids,proposals.or contracts. In Witness Whereof,the sald'FEDERAI.INSURANCE COMPANY has,pureuenl to its By-Laws,caused these presents to ibeisigned by.ils'Assistant Vice-President and,Assistant Secretary:and its corporate'seal;to be hereto,affixed'this' de of 19 1st January January 85 Corporate Seal 1 (4411!fl • • _ e n-'-—-—) FEDERAL{NSU',-MICE COM- NY' /, • ' �`wiJERs„ ' By • '� Richard D.O'Co nor - .George McClellan Assistant Ylcs•Proddent Assistant Ser.f: STATE OF NEW JERSEY / County[of 1st January8'S On this day of 19 ,before mepersonallycame Richard a O'Connor to me known and by me known to be Assistant Secretary,of the FEDERAL 11 SURANCE COMPANY,the corporation described in and which executed the foregoing Power of Attorney:and the said Richard D.O'Connor being by me duly sworn,did depose and say.lhat he 5 Assistant Secrets 'of the FEDERAL INSURANCE.COMPANY and knows the corporateseal thereof,.that the seal affixed to the foregoing:Power of Attorney is suchcorporateseal and was thereto affixed by authority of the By-Lav sof said Company,end that he signed said Power of Attorney as Assistant Secretary of said Company by like authority:and that he is acquainted with George McClellan and knows himto be the Assistant Vice-Preside' of said Company,end that the signature of said George McClellan,subscribed to:said Power of Attorney is in the'genuine handwriting:of said George McClellan'end was'hereto subscribed by aulhodty:of By-Laws and In deponent's presence. Notarial Scy it: Acknowledged and Sworn to beforeme on the date ab whiten: Anv 9L • o 1' z A. ALICE LEONARD"�•-, Notary'P c CERTIFICATION NOTARY PUBLIC,OI NEVI'JERSEY!\ STATE OP NEW JERSEY ss. My Commission Expires Juno'28, 1988 County of Somerset the undersignetl Assistant Secretary oithe FEDERAL INSURANCE COMPANY,de hereby cerify,that the following is a true excerpt hon the By-Laws of the saitldompany as Worsted Board of Direct° ion March 11.1953 and most recently amended March 11,1993 and that IHisBy.Law Is ih full'lorce andieHed. - "ARTICLEXVIII. • Section 2.All bonds.'undertakings,contracts.and other instruments other than'.asfabove,for and:on behalf of the Company which it Is,authorized by later its charter to execute,may and shall be executed In the name and on behalf of the Company either by the Chairman orlhe Vice-chairman or the President or a Vice-President,Jointly with the Secretary organ Assistant. Secretary,under,their respective designailons,except that any one or more officers or attorneys infact designated In any resolution Who Board of Directors or the Executive Committee, or in'any powerof attorneyexecuted as provided for in'Section 3 below,may execute:any,such bond,undertaking or other obligation as provided in such resolution or power of attorney, Sectlon3 All powers of attorney for and on behalf of the Company may and shall be executedin the name and do behalf of the Company;either by the Chalnnanor the Vice-Chairmen or the President ore Vice-Presldent or an Assistant Vice-Presidenl.Joinlly with the Secretary or an Assistant Secretary,under their respective designations:The signature ofsuch officers may be engraved,printed or lithographed." I further cenity that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelityantlsurety business in each of the Steles Of the linseed Sales blAmerica,.District of Columbia,Puerto Rico,and each of In Pravinces of Canadawith the exception of Prince.Edward Island;and is aisoduly licensed to become sole surety on bonds,undertakings,etc:,permitted orrequired bylaw: the undersigned Assistant Secreteryof FEDERAL INSURANCE COMPANY,do hereby certifyet the foregoing'Power of Attorney is In full force and effect ;.` t Given under my hand and the seal of said CompanyatWarren,N.J:,this - 27111 . - - - day of Atigust `,�' 1g 87 Corporate Se., t/a• -Ce C/T/1l 4 f 4., • ccs%- Assistant Secret _ f illkimt��Ma It lig I' •y y:gF JERs�y'''' PRi t a Form21.10-0 .,..-_` ENERAL e. w.. EXECUTED 'IN 3 COUNTERPARTS • LABOR AND MATERIAL BOND Bond No. 8113-49-58 PfernTwn toi this bdnA prided in charge for Performance Bond. KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and HOOD CORPORATION hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if 'said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and FEDERAL INSURANCE COMPANY as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jo:ntly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or abut the perfor- mance of the aforesaid work contracted to be executed or performed under the • contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who -perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED FIFTY EIGHT AND '201100 DOLLARS ($ 103,858.20 ) , THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to- such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184. 1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. On this 14th day of September ,in the year 1987 STATE OF CALIFORNIA before me, COUNTY OF CONTRA COSTA Robert V. ttouner a Notary Public,State of California, duly commissioned and sworn,personally.appeared C.A....FantQzzi FICIAL sEAI personally known to me (or proved to me on the basis of satisfactory evidence) to be #ti„. ROBIRP V. ROUNER ,_ �y.;,:e the person....whose name...iS 'rt.;" NOTARY PUBLIC — CALIFORNIA I``la CONTRA COSTA COUNT' subscribed to this instrument,and acknowledged that....he....executed it. My Commission Expires JulY2999 IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the County of 601 RAILROAD AVE. ...contra.C o atia frae-/Lef on the date set forth above PITTSBURG,CA 94565 in this certificate. U '/fOr-fbPO.O i Itanu .cwewurollothebrur.n .irnprinte.Mhero Public;State of California a.,Nvb HeMsob.ttu.sof O este Its..n eMMYS.Tb.p,WM.I..Is rim**S .henry.some in.ysce w.rr.ed este Pa INS flW!S.%VMIIIm P ti w+.c+n S them teem n er,n,cear.,..,;na. My commission expires Cowdery's Form No.32—Acknowledgement.to Notary Public—Individuals—(C.C.Sec. 1189)—(Rev. 1/83) I - State of CALIFORNIA 1 On August 27, 1987 ,before me, LOS ANGELES - SSS. County of - Charlotte E. Wallace the undersigned Notary Public, personally appeared John P. Brooks OFFICIAL SEAL WALLACE personally known to me �`O CHARLOTTEylip-alAomla �, �c �j,_ Notary El proved to me on the basis of satisfactory evidence irr.�'k7: LOS ANGELES COUNTY .' _� In1rr to be the person(s) who executed the within instrument as ,1/474. • My corm.Exp.Dec.B.1969—� Attorney-In-Fact or on behalf of the corporation therein - - - named,and acknowledged to me that the corporation executed it. t WITNESS my hand and official seal. i Notary's Signature 1 V319 (1/83) Corporate-Ca • Labor and Material Bond Page 2 And the said Surety, for value received, hereby stipulates. and agrees that no change, extension of time, alteration or addition to the terms of the ' contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications. a IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 27thday of August , 19 87 . HOOD Cs"O'e • By: 4A 0 (To be signed by Principal Princ pal and Surety. Notary acknowledgments required.) FEDERAL INSURANCE COMPANY Surety orney-in-Fact John P. Brooks The above bond is accepted and approved this day of , 19 • Y • 6/17/85 POWER !OF ATTORNEY Know all Men by these Presents,That the FEDERAL INSURANCE.COMPANY,15 Mountain View Road„Warren,:New Jersey,a New:Jersey Corpora tion, has constitutedand appointed, and does hereby constitute'and appoint Ted H. Butler, John P. Brooks., J. Friedman, Robert T. Pierce., Donald 'S• Huff and Carol Frost of Los Angeles, California - - each its true and lawful.Atlorneyin•Factto execute'under such designation in its name and to affix its corporate seal to and deliver for and on its behalf a surety thereon or otherwise,bonds of any of the following classes, to-wit: 1. Bonds and'Undertakings filed in any suit,matter or proceeding in any Court,or filed with any Sheriff or Magistrate,for the doing or not doing of anythin specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof,'including those required or permitted under the laws or regulations relating to Custom or Internal Revenue;License and Permit Bonds or other indemnity bonds under the laws,ordinances or regulations of any State, City,Town,Villagt , Board or other body or organization,public or private;bonds to Transportation Companies,Lost Instrument bonds;Lease bonds,Workers'Compensa tion bonds, Miscellaneous Surety,bondsand bonds on behalf of Notaries Public;Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposalsor contracts. ImWlmess Whereof,the said FEDERAL INSURANCE,COMPANY has,pursuant toils By-Laws;caused these presents to be signed by its Assistant Vice-President and Assistant Secretary and its corporate seal to be hereto affixed This, 1St day of January, 19 0 Corporate Seal a fl.A iz i •�" _ . FEDERAL 7NCE 'COM NY Richard I.O'CoAr /�// g � George McClellan. !!!!!! Assistantc eet.ty 'Assistant VlowPreudml STATE OF'NEW JERSEY ( SS. County of Somerset o On this 1St. day of January 19 V 5 ,before me personally came Richard D.O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL Ia SURANCE COMPANY,the corporation described in and which executed the foregoing Power of Attorney,and the said Richard D.G'Conner being by me duly sworn.did depose and say that he is Assistant Secrets, of the FEDERAL INSURANCE COMPANY and knows'the corporate:seal thereof;that the seal:affixed to the foregoing Power of Attorney Is such corporate seal and was thereto affixed by authority of the By-Law of said Company,end that he signed said Power of Attorney.as Assistant Secretary of said Company by like authority,and that he is acquainted with George McClellan and knows him to be the Assistant Vice-Preside, of said,Company;and that the signature of'said George McClellan subscribed to said'.Power of Attorney Is in the genuine handwriting-of,said George Mcclettan and was thereto eubscnbed'by authority of eat Bylaws and,in deponent's presence. Notarial Seal Lep 4b \ , Acknowledged and Sworn to before me y „ea y on the dotal /wr`itte'n. '. Q s. O r ^'a' -C—c-L puBuc a .G Notary P 'c Z`cW d,ECE; !CERTIFICATION ALICE!LEONARD,��. , NOTARY PUBLIC OF NEW JERSEY?\. STATE OF NEW JERSEY1S5.. My Commission Expires Juno28, 1988 County of Somerset 1,the undersigned.Assistant Secretary of the.FEDERAL INSURANCE COMPANY,do hereby certify,that the following ism true excerpt from the eyLaws of the'said Company as adopted by Its Board offirearm on-March'1d,1953 and most recently.emended March 11,teas and that this'B -Law is in full force and effect. "ARTICLE'%VIII., Section 2.All,hinds,undertakings,contracts and other instruments other than as above for and on behalf of the'Company which itis authorized'by law or Its charter to execute,may and shall bo executed In the name and on beeell of the Company either by.the Chairman or the Vice-Chairman or the President or a Vice-President,jointly with the Secretary or en Assistant Secretary,under their respective designations,except that any one or more officers or attorneys-ln-fact designated In any resolution of the Board of Directors or the.Executive Committee, or in any power of attorney executed as provided for in Section 3 betow.,may execute any such bond;undertaking or other obligation as provided In such resolution or power of attorney., Sections.Allpowersolattomey for andon behatlof theCompany may andshallbeexecuted in the name and on behalf of theCampany,eimer bytheChairmanor(Maim—Chairman ort the President. oraVice-President or an Assistant Vice-President,jointlywiththe Secretary oranAssistenl Secretary,under their respective designations.Theslgnatureofsuchotllcere may be engraved.printed or lithographed." I further certify!balsa FEDERAL INSURANCE COMPANY isduly licensed to transact fidelityandeurety business in each of the Slates of the United States otAmerica,District of Cotumbla,Rialto Rico.and each of In Provinces of Canada with the exception olPrince Edward Island;and Is alsbduly licensed lobecomesotesuretyon bonds,undertakings,etc.,permitted orrequiredby law... I.the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY,do hereby tenth/that the foregoing PowerolAttorney lain fullforce andedect. Given under my hand end the sealdiSaid Company al Warren,N.J.,thlc __ 27th day of August - Jtg, 87 Corporate see SUP.HQ' - • eV` / $0 n4^''4;2' Assistant Secret r ./r 7. l 4s5:�:?!Y i` Form 21-100 . -'`' ENERAL USA'.