88-035 California Pavement Maintenance Company, Inc., Slurry Seal Project 88-11610300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4Sl15
DEPARTMENT OF THE CITY CLERK
June 30, 1988
california Pavement Ma.intenanoe ~,
9390 Elder Creek :Road
Saaramento, CA 95829
Inc.
STREEr MAINl.'ENlINCE -SIIlRRY SEAL -PFD.'J'ECr 66-116
P.O. Box StlO
Cupertino~ California 95015
We are enclosing to you one (1) copy of the Contract for l?Ilb1ic Works
between the city of Olpertino and california Pavement Maintenance
O"mqxlny, Inc., vmich has been fully executed by city Officials.
Awal::d of your contract was approved at the regular city Council meeting of
May 16, 1986 '
We are also enclosing your bid bon:i.
S:inoerely,
~~~~
IXlRDIHY o::>RNELIUS
CI'r.{ C!ERK
CI'r.{ OF aJPERl'lNO
OCjso
encl.
0:: Depa:t"brent of l?Ilblic Works
•
CONTRAc'r FOR PUBLIC WORItS
'CONTRACT made on by the CITY OF
CIJPERTINO, a municipal corporation of the St.at.e of California,
hereinafter called t.he CITY, and CALIFORNIA PAVEMENT MAINTENANCE COMPANY, INC.
,hereinaft.er called the CONTRACTOR.
• IT IS HEREBY AGREED by the parties as followsl
1. THE CONTRACT DOCIJMENTS. The complet.e contract. consists of the
following cont.ractdocumentsl
A. Plans and Specifications for STREET MAINTENANCE -SLURRY SEAL
PROJECT 88-116
B. Faithful Performance Bond, Labor and Materials Bond,
Insurance Cer,tificate C. This Contract
D. Bid Proposal referred to as Exhibit. A
Any and all obligations of the CITY and t.he CONTRACTOR are fully
set forth and described herein.
All of t.he above d~cuments are inten~ed to cooperate so t.hat 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 NORR. 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 STREET MAINTENANCE -SLURRY SEAL, PROJECT 88-116
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 Ci ty, which Plans and
Specifications are entitled, respectively,
Page 1
.. ~ .".~"".~ ... -.---,~."",!~" ~ .. ~., . .,. .. ~ ....
and whicn 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 furnisned, and .that said work
snall be perfo~ed 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 aecept, in full payment for the work abo,ve agreed to be done, the sum of: $262,707.48
TWO HUNDRED SIXTY-TWO THOUSAND SEVEN HUNDRED SEVEN AND 48/100 DOLLARS
subject to additions and deductions as provided in the Contract
Documents, per Exhibit "A W attached hereto.
4. DISPUTES PERTAINING TO PAYMENT E'OR wORIl. Should any dispute
arise respecting the true value of the work done, or any work
omitted, or of any extra work whieh the Contractor may be required
to do, or respecting the size of any payment to the Contractor
during the performanee of this Contraet, said dispute shall be
dete~ined 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, COMPLIAt~CE WITa LAW. The Contractor shall, at his
expense, obtain all, necessary permits and licenses, easements,
e~c., for the construction of the project, give all neeessary
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, ad.ditions or omissions from the Specification~ or Plans
or the Contract Documents, it shall have the ri;ht to do so, and
the same shall in no way af fect 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 ag-reement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to
ag-ree. No extra work shall be performed or change be made except
by a written order from the City, duly authorhed by resolutiori of
lts governinq body, and by all aqencies whose approval is required
by law, statin; that the extra work or chang-e is authorized, and no
claim f<:)r an addition to the contract sum shall be valid unless so
ordered.
8. CHANGES TO MEET Ii:NVIRONMEN'rAL REQUIREMENTS. The City shall
have the riqht to make chanqes in this Contract durinq the course
of construction to bring the completed improvements into compliance
with environmental requirements or standards established by State
and Federal statutes and requlations after the Contract has been
awarded or entered into. The Contractor ahall be paid for by such
chanqes either by reference to the unit prices, if applicable, or
in accordance with the aqreement of the plI:rties, or in accordance
with the rules of the American Arbitration Association if the
parties are unable to aqree.
9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract ,may
be terminated, amended or modified, w.ith the mutual consen.t 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
ag-'reement of the parties, or ·in accordance with the rules of the
American Arbitration Association if the parties are unable to
alJree.
10. TIME FOR COMPLETION·. All work under this Contract shall pe
completed I WITHIN SIXTY..,FIVE (65) WORKING DAYS AFTER NOTICE TO PROCEED
If the Contractor shall be delayed in the work by the acts or'
neqlect of the City, or its employees, or those under it by
contract or otherwise, or by chanqes ordered in the work, or by
strik.es, lock.outs by others, fire., unusual delay in transportation,
unavoidable casualt.ies 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. accordinqly.
This parsqraph does' not exclude the recovery of dama-qes for delay
by either party under other provisions in the Contract Documents.
Page 3
11. INSPECTION.. AND l'ESTING 'Of' MATEH.IAt:.S. 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 Contrac~, in order ~hat the City may arrang-e for mill or factory inspection
and testing-of the· same, if the City requests such notice from the
Contractor.
12. TE~l~ATION 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 reasona for such
intent~on 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 shsll
immedia.tely servewr i t ten 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 servinq 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 sych event the City may.
without liability for so doinq, take possession of, and utilize in
completinq the work, such materials, appliances, plant and other
property belonqinq 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 reeain' under Paragraph :U 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 luch an amount or
amounts as in its judqment may be necessary to pay just claims
ag-ainst 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 dlscretion. In so doinq. the City shall be deemed
the aqent 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 qood faith. Such payment
may'be made without prior jUdicial determination of the claim or
claiml. With respect 'to any retention of payment by the City to
ensure performance of the Contract, Contractor will be entitled to
substi tute securities :as provided in Sectidn 4590 of th~ California
Government Code as more fully described in the City's Notice to
Contractors.
Paqe 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 siqned eitl;ler by the party qiving such'notice, or by a duly authqrized representative of such party. Any such notice
shall not be effective for any purpose whatsoever unless served in
the followinq manner I (a) if the notice is given to the City
either by personal delivery thereof to the city Manaqer 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 certifiedl (b) if the notice is, qiven to the
Contractor, either by personal delivery thereof to the Contractor,
or to his duly authorized representative at the site of the project, or by depositinq the same in the United States mails,
enclosed in a sealed envelope. addressed to said Contractor atl
9390 ELDER CREEK DRIVE
SACRAMENTO, CA 95829
postaqe prepaid and certifiedl and Ic) if the notice is qiven to
the surety or any other person', ei ther by personal delivery to such
surety or other person, or by depositinq the same in the United States mails, enclosed in a sealed envelope, addressed to such '-
surety or person, as the caae may be, at the address of such surety
or person last communicated by him to the party qivinq the notice,
postage prepaid and certified.
15. ASSIGNMENT OF CONTRACT. He i ther
thereof, nor moneys due or to become
assiqned by ,the Contractor without the
the City.
the Contract, nor any part
due thereunder, may be
prior written approval of
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. lIuch Specifications must be met by contractor, unless
tne City aqrees 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 (lOOt) of
the contract price as security for the faithful performance of this
Contract. The Contractor shall aillo furnish a separate surety bond
in an amount at least equal to one hundred percent (lOOt) of the'
contract price as securitr for the payment of all persons for furnishing materials, prov sions, provender, or other supplies,
used in, upon, for or abou.t the performance of the work contracted
to be done, or for performinq any work or 1abo~ therebn 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 thia contract, and for the payment of a reasonable attorney's
fee to be fixed by the court in case suit ia brought upon the bond.
Paqe 5
~" " .. ~. -~ -
18. IUSURANCE.-'rhe Contractor shall not commence work under
this Contract until he has obtained all insurance required by the
Ci ty, nor shall the Contractor allow any subcontr'actor to commence
work on his subcontract. until all similar insurance required of the
subcontractor has been so obtained and approved. The Contractor
shall furnish the City with satisfactory proof of the carriaqe 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 lnsurance required of the Contrsctor under this
Contract shall also contain an endorsement providing that thirty (30) days' notice must be given in writinq to the City of any
pending change in the limits of liability or of any cancellation or
modifi~ation of the policy.
(al WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contraetor shall take ,ut and lIIaintain 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 i3 sublet, the
Contractor shall require the subcon,tractor 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 ~ollowing
certi~ication, required by Section 1861 of the Labor Codel .
~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 wi th such provisions before cOllllllencing the performance of the
work of this contract.~·
(bl LIABILITY INSURANCE. The Contractor shall take out: and
maintain during the life of this Contract suob Bodily Injury
Liabilit:y and propert:y Damage Liabilit:y Insurance as shall
protect him and any subcontract:or performing work covered by th'is
contract: from claims for prop.rt:y, 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 blasUng, c,ollapse, and underground property da,magel, which
may arise from' Contractor's operations under t:his Contract,
whether such operations be by himself or by any subcont:ractor or
by anyone directly or indirectly employed by either of them and
the amounts of such insurance shall be as follows'.
Bodily Injury Liabllity Insurance in an amount not less than
$300,000.00 for injuries, lncluding 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 Insuranee in an amount not less than
5250,000.00. The City and its officers and employees, shall be
named as additional insureds on any such pollci'es of insurance,
which shall also ~ontain a provision that the insurance afforded
thereby to the City, its officers and employees, shall be primary
insuranee 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 eJtcesa insu·rance only.
19. ROLDBAilMLESS. The Contractor will save, keep, and hold
harmless ·the City and all officers, employees, and·ayents thereof from all damages, costs, or expenses, in law or in equ ty, that may
at any ,time 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. Notv!ths.tanding the abo?e, 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. SOURS OF WORK. Eight hours of labor during anyone calendar
day and forty hours of labor during any oneclllendar weele sh'all
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
subeontractor or subcontractors under this Contract, upon the work
or upon any part of the work contemplated by this Contract, shall
b~-required or permitted to work thereon more than' eight hours
durinq anyone calendar ,day and forty hours during anyone calendar
week, except, a9 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 anyone week
shall be permitted upon public work upon compensation for all hours
worked in excess of eight houri per day at not 141.. than one and
one-haif time. the basic rate of pay. It il further expressly
stipUlated that for each and e?ery violation of Sections 1811-1815,
inclusive, of the' Labor Code of the state of CalUornia, all the'
provisi9n. whereof are deemed to be incorporated herein, the
Contractor shall forfeit, as II penalty to the city, twenty-five
dollars ($25.00) for' each laborer, worker, or mechanic employed in
the· execution of thil Contract . by Contractor, or by any
subcont~actor under this Contract, for each calendar day during
which .aid laborer, worker, or mechanic il required or permitted to
work more than eight hours in IIny one calendar'day and forty hours
iii anyone calendar week in violation of the provisions of 'said ~.ction. of the Labor Code.
PlIge 1
The Contractor, and each subcontractor, shall keep an' acctlrate
~ecord showine; the names of and actual hours worked each calendar
tay and each calendar week by all laborers, workmen, and mechanics
4mployed by him in connection with the work contemplated by this
c~ntract, which reco~d ,shall be open at all reasonable hours to the
inspection of the City of its officers or ae;ents and to the
Divisi~n 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 e;eneral prevailine; rate of per diem wages and rates
for holidays and overtime in the locality in Which this work is to
~ performed, for each craft, classification, or type of laborer,
workman, or mechanic needed to execute this Contract. The
p~evailing wages So determined are set forth in the Specifications
and made a part hereof. Ifei ther the notice invi tine; bids nor this
Contract shall constitute a representation of' fact as to the
prevailing waqe rates upon' which the Contractor or any
subcontractor under him may base any claim aqainst the city.
1116. (al Each Contractor and subcontractor shall keep an
accurate payroll record, showine; the name, address, social security
number, work classification, straie;ht time and overtime hours
worked each day and week, and the actual per diem Wae;es paid to
each journeyman, apprentice, worker, or other employee employed by,
him or her connection with the public work.
(b I The
certified
hours at
baSis,
payroll records enumerated
and shall be avdlab'le for
the principal office of
under subdivil!lion (a) shall be
inspection at' all reasonable
the ContJ:actor on the followine;
(11 A certified copy of an employee's payroll record shall be
made available for inspection or furnished to such employee or
h'is or her authoJ:bed representative on request.
(2) A certified copy of all payroll records enumerated in
subdivision (aI' shall be made available for inspection or
fUJ:nlsbed upon,request to a representative of the body awarding
the contract, the DIvIsion of Labor standards Enforcemant and
the Division of Apprenticeship Standards of the Departmen,t of
IndustJ:ial Relations.
(]l A ceJ:tified 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
ei t:heJ: the body awardinq 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.
(c) Each Contractor' shall file
enumerated in subdivision (a) with
records within ten (10) days after
a certified copy of the records
the entity that' requested such
reCeipt of a written request.
Page 8
Cd I Any copy of records, 'made avallab,le for inllpection all copieg
and !urnished upon requellt to the public or any public agency by
the awarding bids, the Divillion of Apprenticellhip Standardll or the
Division of Labar Standard II Enforcement shall be marked or
obliterated in such' a manner as to prevent dillclollure of an
indil1idual's name, addresll and social lIecuri ty number. The nallle
and addrellll of the Contractor awarded the contract or performing
the contract shall not be marked or obliterated.
, Ie) The Contractor shall inform the body awarding the contract of
the locati,on of the records enumerated under subdivision lal,
includinq the street ad4ress, city and county and IIhall, within
five workinq daYII, provide a notice of a change of location and
addresa-.
If> In the event of noncOlllpliance with the requirements of this
section, the Con tractor IIhall hal1e ten (10) days in which to comply
subsequent to receipt of written notice IIpecifying' in What respects
such Contractor must comply with this section. ShoUld
noncompliance still be evident after lIuch ten (101 day period, the
Contractor shall" as a penalty to bhe state ,of political
subdivision on whose behalf the contrac~ is mede or awarded,
forfeit twenty-fil1e dollars ($25.00) for each calendar day or
portion thereof, for each worker, until strict compliance is
effectuated. Upon tne request of the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement, such
penalties shall be withheld from progress payments then due.
(q) The body awarding the contract shall cause to be inserted in
the contractstipulationll to effectuate this section. Such
stipUlations sh:all fix the responslbil1 ty f.or compliance with this
section on the prime contractor.
th) The director shall adapt ,rules consilltent with the California
p~blic Records Act, (Ch~ 3.5 (commencing with Section 6250) of D1v.
7; Title 1. Gov. Ch.) and the Information Practicel Act of 1977,
(Title 1.8 (commencing with Sec. 1798) Pt •• , Div. 3, Civ. C.)
governing the release of such records, including the elltablishmen,t
of reasonable fees to be charged for reproducing copies of records
required by this section. (Added by Stats. 1978, Ch. lH91.
1775.5 Nothinq in this chapter shall prevent the employment of
properly registered apprentices upon public work.
Every such apprentice shall ,be paid the
apprentices under the regulations of the craft
is employed, and shall be employed only at the
trade to which he is reqistered. ,
Paqe 9
IItandard waqe paid to
or trade at which he
work of. the craft or
.'
only apprentices, as defined in Section 3071, who are in traininq
under apprel)ticeshipstandards and written apprentice a9reements
under Chapter 4 (collllllenein9 with Section 30701, Division 3, of the
-Labor Code, are -_1 i9 ib 1e to be employed on public works. The
employment and traininq .. of each apprentice shall be in accordance
with . the provisions of the apprenticeship standards and apprentice
aqreements under which he is traininq.
When the Contractor t~ whom the contract is awarded by the state
or any political SUbdivision, or any subcontractor under him, in
performinq 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 administerinq the apprenticeship standards
of the craft or trade in the area of the site or the public work
for a certificate approvinq the Contractor or subcontractor under
the apprenticeship standards for the employ~nt and. traininq 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 Adminis.trator of Apprenticeship. The joint
apprenticeship or committees, subsequent to approvinq the subject
contractor or subcontractor, shall arranqe 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 administerinq the
apprenticeship standards of the craft or trade in the area of the
site of the public work to ensure equal employment and. aHimative
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 alreedy covered by the local apprenticeship
st~ndards. The ratio of apprentices to journeymen who shall be
employed in the craft or trade on the public work may be the r.atio
stipulated in the apprenticeship standards under which the joint
apprenticeship committee operates but in no case shall ;he rat10 be
leas 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
haa been previously approved in such craft or trade, shall employ
t~e number of apprentices or the ratio of apprentices to journeymen'
stipulated in the apprenticeship standards. Upon proper showinq by'
the Contractor thaI: he employs apprentices in such craft or trade
in the state on all of this contract on an annual averaqe of not
leu than, one apprentice to _each five journeymen, the Division of
Apprenticeship Standards may qrant a certificate exempting the
ConUact.or for the l-to-5 ratio as set fort.h in this section. This
section shall not apply to .contracts of qeneral contractors
inv01ving less than thirty thouaand ($30,000.001 or twenty (20)
wOrkinq days or to contracts of specialty contractors not biddinq
for work through a geper&l or prime contractor, involvinq less than
t.wo thousand dollars ($2,000.00) or fewer than five (5) workinq
days.
Paqe 10
"Apprenticeable craft or trade,· as used in this section, shall
mean a craft or trade determined as an apprenticeab1e occupation in
accordance with rUles and re9u1ations prescribed by the
Apprenticeship Coun~il. The joint apprenticeship committee shall
have the discretion ,to 9rant, a certificate, Which shall be SUbject
to the approval of the Administrator of Apprenticeship, exempting a
contrac,tor from the l-to-5 ntio set forth in this section when it
tinds that anyone of the followi'n9 condition. are lllet.
(al In the event unemployment for the previous three month period
in such ar~a exceeds an avera'le of 15 percent, or
(b J In the event the number of apprentices in trainin9 in such
area eXgeeds a ratio of l-to-5, or
ecl If there is a showin9 that the apprenticeable craft or trade
is replacin'l at least one-thirtieth of its journeYlllen annually
through' apprenticeship trainin'l, either (lIon a statewide basis,
or (2) on a local basis.
(d) If assi9nment of an apprentice to any work perfomed under a
public worles contract would create a condition whi~h would
jeopardize his life or the life, safety, or property of fellow
employees of the public at lar'le if the specific task to which the
apprentice '
When such exemptions are 'lranted to an or9anization 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 apprent~c~ship standards.
A contractor to whora the contract is awarded, or any
subcontractor under him, who, in performin9 any of the work, under
t~e ,contract, employs journeYlllen or apprentices in any
apprenticeable craft or trade and who is not contributing to a
fund or funds to administer and condUct the apprenticeship pr09ram in any, such craft or trade in the area of the s1 te of the public
work, to wbich fund or funds other contractors in the area of the
Iii te of the public work, are contributin9, shall contribute to the
fund or funds in each craft or trade in which he employs journeymen
or apprentices on the public work in the same amount or upon the
same basi. and in the same manner as the other contractors do, but
'where the trust .fund adrainistrators' are unable to accept such
funds, contractors not si9natory to the trust a9reement shall pay a
1ilee amount to the california Apprenticeship Council. The
contractor , or subcontractor may add the amount of such
contributions in computin9 his' bid for the contract. The Division
of Labol:' St.andards Enforcement is authorized to enforce the payment
af,luch',contributions to the fund or funds as set foren in section 227. ' ,
' ..
Page 11
The body awarding the contract shall cause to be inserted in the
contract stipulations to effectuate this section. such
stipuladons shall fix the rl!l!lponllibiUty of compliance with this
section for .all apprenticeable occupations with the prime
contractor. All deddons of ,the joint apprenticeship co_i ttee under this
secUon are subject to the. provisionl of Section 3081. . (Amended by
Stats. 1976, eh. 11791
1717.6 It shall be unlawful for an employer of a labor union to refuse to accept otherwise qualified employees as' reqistered
apprenticel on any public works, on the ground of the race,
religious creed. color. national origin, ancestry, sex, or aqe.
except as provided in section 3077, of sucb employee. (Amended by
stat. 1976, Ch. 11791
1771.1 (a) In the event a contractor willfully fails to comply
with the provisions of Section 1777.5, such contractor Ihall,
III Be denied the right to bid on any pubiicworks contract for a
period of one year frOM the date the determination of
noncompliance i. aade by the Administrator of Apprenticelhip, and
(21 Forfeit .s a civil penalty in the sum of fifty dollars
($50.00) for each calendar day of noncOlllpliance. Mothwithstandinq
the provision' of section 1127, upon receipt of luch a
determination I:he awardinq body Ihall withhold from contract
progre.s payments then due or to become due sucb swa.
(b) Any 'such determination shall be iseued after a full
investigation, a fair and impartial hearing, and reasonable ,notice
thereof in accordance with reasonable rules and procedures
p~e.cribed by the california Apprenticeship Council.
_ (cl AnY' fundi withheld by the awarding body pursuant to this
Bection Ihal1 ,be deposited in the qeneral fund if the a~ardin9 body
is a state enUty,or in the. aquivalent fund of an awarding body if
auch awarding body is an entity other than the Itat ••
Th~ interpretation and enforcement of Sections 1777.5 and 1717.7
shall b. 'in accordance with I:he rules snd procedures of the
California Apprenticeship Council. (Amended by State. 1979, Ch.
12Ul
It shall be aandatory upon the Contractdr, and upon any
. subcontractor under him, to pay not leiS than the said specified
rates 1:0 all laborers, workme~, and mechanics employed in the
execution of the Contract~ It is further expre,sly stipUlated that
the.Contractor .hal1, as a penalty to the City, forfeit twenty-five .'
, doliatll '($25.00) for eacb calendar day,' or portion. thereof, lor
, .. ': !!I4cb 1abotsr/ workman, or mechanic paid leU than the stipulated
",i.iJltevUl1ng 1'ates eor any work done under this Contract by him or by ";~;, any' ilibeont.tactor under> work done under this conl:racl: by him or by
; ,':~~: lhy IIUbeontractor under him, and Contractor aqrees to comply with
. ". " all provisions of Section 1175 of the Labor Code.
Paie 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 Buchl for
wnich no mintmum, wage rate is herein specified, tne Contractor
shall immediately notify the City, who will promptly thereafter
determine the prevaiHng 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 ~or 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. Payment will be, made in accordance with the attached payment
schedule. TheCity will make partial payment to the Contractor on the
basis of a duly certified approval estimate of the work performed
and material!!! incorporated in the project, during the preceding
calendar month, by the Contractor, but the City will retain ten
percent (l0,) 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 ContractQr 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 wrltinq aforesaid, within ten (10) days after the
times aforesaid, and after wr.1tten 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 Ci ty' I representative delivers the writinq aforesaid, in lieu of the certificates, then a compliance by the Contractor
with the requi;ements of said w~itinq shail entitle the Contractor
to the certificates. The payment of proqress 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 apP.roval of the Ci.ty; 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 existinq pUblic utilities, if
any, located on the Bite 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 compenaate the Contractor for costs. incurred in relocatinq or
repairinq damaqe to utility facilitiea 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 buildinqs, and meters and
junction boxes on, or adjacent to, the construction site. The
Contractor shall not be assessed liquidated damaqes for delay in
completion of the contract project, as provided in paraqraph 27
below, when such delay is caused by the failur.e of the City, or
other public utility, to provide for the removal or relocation of
the e:dstinq utility -facilities. If the Contractor while
p~rforminq the Contract discovers utility facilitie5 not identified
by the City in the Contract plans and Specificationa, the service
laterala as hereinabove described, he shall immediately notify the City in wri.tiilq.
25. CONTRACTOR'S RESPONSIBILITY FOR TBB WORK. The Contractor
·shall not be responsible for the cost of repairinq or restorinq
damaqe 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 damaqe to the
work caused by an Act of God. ·Acts of God· shall inclUde only the
following occurrences or conditions and effects. earthquakea ano:!
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 a·t 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
ahall not, . in any 'way or manner, be answerable or suffer loss,
4amage, expense or liability for any 108s or damage that maY'happen
to said building, work, or equipment or any part· thereof, or in,
Page 14
on, or about t;;he sallie dur 1n9 1 ts construction and before·
acceptance.
26. CONTRACTOR'S GUARANTEE. The Contracto~ . 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 (11 year
of the -da te 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 lieble to the City for liquidated damages in the sum of $150.00
ONE HUNDRED FIFTY AND 00/100 DOLLARS
for each and every working day dur ing Which said work shall remain
uncompleted beyond such time for completion or unlawful extensi.on
thereof, which sum shall be presumed to be the amount of damage
thereby sustained by the City since.lt would be impracticable or
extremely difficult to fix the actual damage, and the amount of
liquidated damages may be deducted by the City from moneys due the
Contractor. hereundeJ:,. OJ: lila assigns and successor. at the time of
completion, and his sureties shall be liable to the city any
exceSs.
"'28.· ADDITIONAL PROVISIONS.
None
page 15
.. , ,
STATE OF CALIFORNL4.
S8. COUNTY OF ... SACRAMENTO ....•.•.
On this .... :ltS'!' .......... day of ... :W~ .......................... in the year
.......... 19.811 ...................................................... before me.
. .1'.ATRlCIA. .CHERRY •..........•......• a Notary Public. State of California.
duly licensed and sworn. personally appeared ................................ ..
..... : .................... 1!;:t.J::::Ml)!';TIl. AfRQI\Q .............................. ,
personally known to me (or proved to me on the basis of satisfactory evidence)
to b. the person who executed the within instrument as .. SEJlllETARY •••.•...
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by· laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my band and affixed
my official seal in the ...... ' .....................• County of. ~.~~.Il#1!l.I'!'Fg ... .
........................ ........ , on the date se above in this certificate. This6X:umenllt 0""" ~alIOtl"l\ whio;:t. ~1t>t ptOpIIl !Ol use intirroplc
l1~witl !"IOwa) 8dS, ..-l$lntenOOdwe:1a.t D JUblTilLNfot1!'\l ~d8l\~,n.~~not~ ... a...,. ... lII'l."lVe<tOOl~{)Iirnplieod'''IIO'/llo
,
ktgaJvt!Mtryd IVIl'~Of N S.IiI&b''''rd ~11)U'1\$r.lillf~\'I.~ion..
Cowdery's Fonn No. 28 -Acknowledgement to Notary Public -
Corporation (C. C. Sees. 1190-1190.1) -(Rev. 1183)
Notary Public, State of Ca .
My commission expires ..:J~U=NE=-'-7'-"'1.<;9""9.:1 ___ ...;;; .... d
,.
P.O. No.
IN WITNESS WHEREOF, the parties have executed this Contract, 1n
duplicate, the day and year first hereinabove written.
Approved
City Attorney
Notary acknowledgment required.
If a corporation, corporate seal
and corporate notary .
acknowledgment required.
CITY OF CUPERTINO
Ci ty Clerk. ~y C'''-'"k¢;' ~~
CONTRACTOR I CAUFOlti\.n i'AVEMENT
IWNTENANCE COMPANY •. INC.
Byt (2;~)~~
project. NalDe and Number!. STREET MAINTENANCE -SLURRY SEAL. PROJECT 88-116·
Contractors NalDe. CALIFORNIA PAVEMENT MAINTENANCE COMPANY, INC.
Contract, Amount I $262, 70~ .48
TWO HUNDRED SIXTY-TWO THOUSAND SEVEN HUNDRED SEVEN AND 46/100 DOLLARS
coni:J:aCt,. Account Numbert: 110-993-714
BID ?ROPOSAL
STRE! HAINTEMAo.'1CE -Si.UR.U SEAl
PROJECT B8-115
EXHIBIT A
CAlIFORNIA PAVEME~T
TO: T~~ DIRECTOR OF PUBLIC WOlL~S, CITY OF CUPERTINO, STATE OF CArlrOlL'!lA
Dear Sir:
In co~?lianc. with <he Plans and Specifica<io~s furnished for <he work of the
Slurry Seal Project in the City of Cupertino Project B8-116 I, the undar-
signed, hereby declare thac I have read the ~roposal requirements, visited t~e
sitas, and exa~ined the specificatio~s. I, the undersigned, heraby pro?ose t~
do all ~ork required <0 comple<e <he work in accordance wi<h the Plans and S?ec-
ifica<ions for the prices set fo~th in the following schedule. I further under-
stand that said prices include all COSts including, but not limited to, local,
state and federal taxes, and transportation costs.
r, the undersigned, also understand that the quantities shown below ere esti~ates
only, being given,as a basis for' comparison of bids. The City of ~u?ertino does
no~ state that the actual amount of work will correspond but reserves the right
to increase or decrease the amount of any class or portion of the work or to omit
ite~s or portions of work dee~ed unnecessary by the Engineer.
The City of Cuoereino reserves the right to unilaterally determine and award the
contract to any qualified bidder based 00 the most advantageous proposal. to re-
ject any or all bids or to waive any irregularities in the procedures.
Th .. ,",ork to be done consists of. furnishing all labor, methodsot'ptocess, tools,
~achinery and material required to complete the Slurry Seal Project, Project 88-116
as described in the Special Provisions.
In the event of discrepancies between the written unit price and the numericzl
unit price, the written price shall govern.
I, the undersigned, shall diligently prosecute the work to completion before the
expiration of 65 ~orking days. I further understand that I shall pay to the
City of Cupertino the sum of one hundred fifty dollars ($150.00) per day, for
each and every ~orking day's delay beyond the times established in this proposal
for each and every portion of the completion process described in the time for
co~pletion portion of this proposal.
1. Within two (2) hours after each site has been open to traffic, I shall be
responsible for accurately locating and placing temporary traffic striping (cat
tracking or dribble) Bid Ite~ No.3 If I fail to perform this portion of the
job on the same day as paving I shall pay the City of cupertino the sum of one
hundred fifty dollars ($150.00) per day for that day plus the su~ of one hundred
fifty dollars ($150.00) for each and every day the temporary striping remains
uncompleted
2. I shall :)e responsible for installinJOl: permanent traffic striping, raised pave-
ment markers, raised traffic bars, and ,p~vement leJOl:ends, Bid Items 4 & 6,
five (5) days follOWing the paving .o,f each" sHe. Should I fail to perform
this portion of the job on the fif,tll day, I shall pay the City of Cupertino
PROPOSAL PAGE 1 OF 7
BID P!lOPOSAL, CONTDruED:
t~e sue of one hundrad 51fey dollars (~LSO.OO) per day for that day plus t~.
SUQ of one hundred fifty dollars (S150.00) for each and e'lery day ehe pe:-::a:1e:1:
t~aific st~iping, raised pavemenc carkers, raised traffic oars, ~nd pave~ent
leg~ncis, ramains uncomplet~d.
J. Coepieeion of eneire projec: --c6~5c--__ working days fro~ Notice to Proce~d~
ESTI~_~TED OU.~~t!!IES
The bid pr~ces for this project shall be as ouclined below:
8id Es c. Qcy.
Unit te!:!l Unit ?:,iC2 -1 tam. ~ \
1-5, o2t, 067 S.F. Type II Slurry Seal $ • O~4") IS, s lQ'~I(!~J:f ~
2. Lump Sum Re~oval of Raised Pavement $ i,R'OO':l9 ILS $ 18"{x)aJ
Markers. or Dribble S 15/110~/LS S /.5Q/O i19 J. Luep Sue Cae Traci<;~ng
4a. 4 ea. "Bike Lane" Legend S .LJ /.1..cD lea. $ J (n(c. .;Jg
l:.b. 2 ea. "ped xingll $ 78@ lea. ~ l!Sr (l 1£. ....
I..c. 3 ea. "Slo<.l School Xing" $ CJs (P.9-lea. $ ,.!J8;D<J9.
I..d. 4 ea. nYieldll $ "'-II f.lfl lea. $ l(Q(~-1!J
~ •
4 •• 1 "Sto9 Ahead" 7g~ 78' 60 ea. $ lea. $
4f. 95 ea. HStoplt ~ ~/$E lea.~$ 3 .... <'i;) , q.!.Jd:'~
4g. 1 ea. "Signal Ahead" $ 7&09 lea. S 7g49
4h. 18 ea. arroW' (8 fe.) $ --4l ftil lea. $ 7-<./g 2g2
4i. 17 ea. Speed Legend $ 41 ~J) lea. $ 707.;;rJ
4j. 4,000 L.L 12 " W'hite paine $ IJ)~ it.. F. S ..L..{ I~o "69
4\<:.. 700 L .. F .. 12" yello" paint $ !. b9. IL.L $ 1:J'6~
41. H,170 L.F. 4" "hite paine S .320 IL.F. $3514 ~
4m. 9,930 L.F. 6" white paint $ .3u.5 IL. F~ $ ~ ~c::J1-4£
'4n. 325 L." B" white paint $ , (,,0.)4 IL.F. $ 6)O:J &S"
40. 9,275 L.F. Detail 21 $ .-41~ IL.F. $ 305g-<l~-'"
4p. 8,645 L.F. Detail 22 $ . LoQ7 IL.L $ (oD2S 55
... , ..
~ . .
' '. '1
PROPOSAL 'PAGE 2 OF 7
510 PROPOSAL CONTINUfO:
ESTIMATED qUANTITIES
The b!d prices for tois project shall be as outlined belo~:
Bid Est,Qcy.
lee" rCe:! UniC Price Toeal
4'1' 2,000 L.F. Detail 23 $ t6~ IL.F. $ _\31s:Jf) ~
4r. 1,750 L.r. Detail 31 $ , t:i..Q "9 jT~. f' . $ (a38 '15:
4$ • I,S5() L.F. Detail 3S $~2 fL.:. $ Lt:')2:,Q ~
5. 2,500 EA. R .. "oval
Bars
of Raised Traffic $_£2.75 /EA •. $ w87 5 Ct?.
6 • 2,500 E. ... Install Raised Traffic • 4~ lB. $ lQ;lcotfl y
Bars (City supplied)
PROPOSAL PAGE 3 OF 7
t, the unde~signed, ag~ee that if this proposal is accepted, I will ente~ into
a Contract with the City of Cupe~tino to p~ovide all necessary machinery. tools.
appa~.tug, and othe~ means of construction and do all the wo~k specified in the
contract in the manne~ and time specified.
t, the unde~signed declare that this bid is made without connection with any
pe~aon, firm or co~po~ation, making a bid for the same work. and is in all
respects fai~ and without collusion or fraud.
I, the undersigned, recognize that the Direc~or 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 hereSo is the required ~:tified check Or bid bond in the amount of
$ ___ J.I.l..D:..°-Lf.!-,(O':'. ,l;A:::u.m~.l..C~I,.t)..1.0..J.±-..l---'-;~~:I.·..1,d-4-___ ' as re qu ir ed by law and the No tic e
(101 of bid amount) "
to Bidden.
~ ...
"I
PROPOSAL PAGE 4 OF 7
A. uui DOCUHgNTS,. continued
In further compliAllce with the 9["1ec:lficrJttun!'J furnifihed, t"he unrJer9tp,ned
ltlbmits the following stntementa ;:IS to his experience and to hIs 'lualific<ltions
19 a part of tIlls proposal. and tIle trutltfulness and accuracy of tIle information
~ '9 hereby guaranteed.
(1) 110,", many years hss your organization been in business under its
present name? .d.-:)"t
(2) liD,", many years' e"perience in work comparable wtth that required
under the proposed contract has your organization had by this or
any other namel 2.01"
(3) Contractor's Li·cense No. L;C. !;/2.9:3727 p,
Classification __ ~ ____ ~V1~ ____________ __
, State of California,
(4) List "ork simili'lr in charncter to thnt required in the prorosed
contr;tct whic.h your organj.r.tttion or personnel in your organization
has completed within the past tilree years.
Class, Location of Work and for Whom Performed Contract Amount;,
PROPOSAL PAGE 5 OF 7
J,
1\, 3lD DOCUHENTS Continued:
Hame of Proposed Sub-Contractors. if any
(Section 4104 Government Code)
--------~----------------------------------~'--------------~---------------------------------------------5, __________________________________________________ __
6. ______________ ~----------------__________________ __
Address oE Shop or ofHce of Sub-Contractors.
(Section 4104 Government Code)
1. ).-1-3~O tk5q~J&:ecl) ~mO\1-±; 'Cr\ ·a~65i5
l, __ ~ ____________ ~~ ____________________ ~--------~ .. J, ____________________________________ ~~ __ ___
4 • ___________ ---:-___ ~--------------------
5, _________ --:-_--:..---;-_________________ ---'-__
6. ______ ~ __________________________ ~ ________ _
"
(1YYl to(
Work.to be performed by Sub-Contrnctore
(Section 4104 Government Code)
1. ~tL~:n~ s ~
2. _____ ~ ______________________ _:_
J. __ ~ ____________________________________________ __
4, ____ ~~ __ -__ -----____ ~----------_------~ '. s. ____ ~ __ --_______ --__ ~--________________ ___
6.~. __________ ~~ _______ ~_;--------_----------'. '.' .. ' .~ . ,::.; : ..
PROPOSAL PAGE 6 OF 7 •
A. BID DOCUHENTS! continued
Ii: YOU ARE AN HItHVIDUAL. SO ST,\TE. If YOU ARE A nm OR CO-PMTIIERSHll'!
STATE THE FlRH NAME AND LIST THE NAHES Of ALL HIOIVlDUAL CO-PARTNERS
COHPOSWG THE FIRM. If A CORPORATION, STATE LEG.\L lIAm: OF CORPORATWN,
,"LSO, NAfIES OF ?RESIDEHT, SE:CRETARY TREASURER AND i!NIAGER. TilE CORPORATE
SEAL MUST BE AFFIXED.
TYPE OF BUSINESS:
CAUFORNIA PAVEMENT
MAINTENANCE CO .. INC.
Individual
Co -Par t n" r s h i P-7"'1!irI1::7'I1:IlD11!rO'KUI:m::xt1r-tJ!1!1II'!TC:': CALlFOHNIA PAvEO'I1ENI UAlN IENANCE
Corporation COMpANY INC.
Joint Venture ___________ ---'
Other
(describe)
·NAfIE AND
SIGNATURE O~ BIDDER:
GORDON L RAYNER· PRES., lREAS. ~Jl?aL~ . . UZ AlROSO • SECRETARY
TOM WEStPHAL· MANAGER ~V.,/tLQA ($ e 1 DY)G ;t]a~~ J ... ~ _ ..... -.-,.
•
'Phone Number
Addenda Received:
f •• '
"
"
PROPOSAL PAGE' 7 OF 7 ..
•
1988 CAPITAL IMPROVEMENT PAYMENT SCHEDULE •
QUA;~TITIES CUT-OFF DATE CHECK RELEASE DATE
FRIDAY 5:00 P .. M. FRIDAY
December 18 January 1
January 15 January 29
February 12 February 26
March 11 March 25
April 8 April 22
May 6 May 20
June 3 June 17
July 1 July 15
July 29 August 12
August 26 September 9
September 23 October 7
October 21 November 4
November 18 December 2
December 16 December 30
PICKETT-ROTHHOLZ II. MURPHY
P.O BOX 13190
SACRAMENTO. CA 9581.3
916-383-2222
INSURED
Calif. Pavement Maintenance
9390 E ldel-Cree~{ Road
Sacramento
CA 958290000
THIS CERTIFlCATE IS ISSUED AS A MATTER OF INFORMATION ONL.Y AND CONFERS
NO RIGIfTS UPON THE CERTIFlCA TE HOL.OER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL. TER THE COVERAGE AFl'ORDED BY THE POUCIES BEL.OW.
COMPANY A LETTER
COMPANY B L.ETTER
COMPANY C LETTER
COMPANY D LETTER
COMPANIES AFFORDING COVERAGE
land
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POucy PERIOD INDICATE~,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAT BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONDI·
TIONS OF SUCH POLICIES.
TYPE OF INSURANCE POUCY NUMBER
GENERAL L1A9IUTY SMF'29682269
WAA80844855
UB39487670
WTG2581650-01
ALL LIMITS IN THOUSANDS
11/01./87 11/01/88
11/01/87 11/01/8a .r::::::--t"----"=:z.....
I
11/01/87 :11/01/88
8/01/87 8/01/88
0CCtJ~ 5,000,
DESCRIPTION OF OPERATIONSILOCATIoNSIVEHICLESIRESTAICTlONSISPECIAL ITEMS
RE; FILE NO. 98.493.34/STREET MA1:NTENANCE -SLURRY SEAL PI:::OJECT 88-116
City of CUpertino
1.0300 Ton"e Avenue
Cupel-t i no t CA 95014
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR
030002000
r ,
, ' . •
", ,. '"
CROSS LIABILITY/SEVERABILITY OF INTEREST
IN TIlE EVENT OF II CLAIM MAD!: OR IF A SU IT 15 aflOUGItT AGAINST AllY INSURED.
TilE TERHS OF THIS POLICY SIIALL BE CONSTRUED AS WOUGH SUCH INSURED WERE
TIlE ONLY INSURED IIEREUND!:R, IRRESPECTIVE OF WHETHER SUctl CLAIM OR SUIT 15
MADE OR BROUGIIT BY ANOTIIER INSURED OR BY ANy OTHER PERSON OR ORGANIZATlOH.
TIlE SAl-IE AS IF A SEPARATE POLICY IIAD BEEN ISSUED TO EAcH INSURED, BUT
TilE COt-IPANY' S TOTAL LIAIJILITY UNDER TItIS POLICY SIIALL HOT EXCEED TUE
LIMITS SHOWN IRRESPECTIVE OF TIlE NUMBER OF INSUREDS INVOLVED.
PRIMARY INSURANCE
IT IS AGREED TilAT TIllS INSURANCE SHALL BE PRIMARY INSURANCE AIID IF
TItE ADDITIONAL INSURED SHALL HAVE OTHER INSURANCE AGAINST II Loss COVERED
BY TillS POlleY, TilAT OTBERINSURANCE SUALL BE EXCESS INSURANCE ONLY.
Attached to Po 11 cy No. _-"S""MP'-'2'-"9"'-6S"'Z"'Z""-692 ____ lssued by ~<lrylalld casualty
Insured California Pavement' Maintenance. CD.
Effective Date of Coverage._·~8_/l_I_B_7 _____ -.:ExpiratJon Date 11/1/86
I" • , . . . " .... J)~r(:~
.. AUIIIURIZEO SIGllliTliR
• .1'
.-
The City of Cupertino,
officers and employees
It ..... M rw,q.n I!f 0. .. ,,11111011
( ..... ~lqrull.,'" ...I)
BooilJ l"io"liII1l1ilr
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STATE OF CALIFORNIA
COUNTY OF .. SACRAMENTO. ........ .
l"""',~""~ OFF!GlAL SEAL •~ PATRICIA CHERRY
~. • NOTARY PUBUC CAUFORNIA
. '. SACRAMENTO COUNTY
MyComm.. £.pIOOJono7. 1991
nu~ilJodtlll~.utllW!!lwhi!;t)lI".ybeP"OP6l'I""II"'in~
.a~iI,YH.ard irl"" '"'e!/llet'$,Qr15;man.;\e(ft(l act 8$B ~tor~
SS.
Onthis. ;US.T ............ day o£. . .rUNE. """'''''''' ........... , in theyear
....... l9~a .................................... , .................... before me,
. :P.AlRlClA ............................. , a Notary Public, State of California,
duly licensed and sworn, personally appeared .lj:~+~.4~.~'F.H .. AI'ftf!!-:O ......... .
.. ." .. , .. "', ....... , .......... " , ...... '.'., .. ". -, , .................. " ...... ,
personally known to me (or proved to me on the basis of satisfactofk evidence)
to be the person who executed the within instrument as .. ~.EC~.~ ... :: •........
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by·laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and M:1!xed
my official seal in the ... .................. , County of .. ~~.C~~ .. ? .. .
. . . . . .. . .. .. . .. .. .......... .. .. , on the date. above in this certificate. ,..
~d 8l"l1Il\OI"I'Iey, The~I'1o>l!l~malo,t 1l/'Iy",'o'I&-'l!yMhms:¢IfmQf implied.'lJil)1be
~~a/odI:yo!iI'ly~no<tt.-u.lot)'u~fOtTl\5i."'a...,!IPOCIfoe!~ blie, State Cowdery's Form No. 28 -Ackaowledgement to Notary Public -
Corporation (C. C. Socs. 1190·1190.1) -(R<lv. 1183) My commission expires JtW'--'L,--11~I.---""":':::"~:r-
-,
STATE OF CALIFORNIA
COVNTY OF Sacramento
On this 24th day of May ,in the year 1988 ,before me Notary of Public,
personally appeared Joseph H. lieber , personally knm<u to me
(or proved to mo on the basis of satisfactory evidence) to be the person whose name
is subscribed to this instrument as the Attorney~in-Fact on behalf of the corporation
therein named and acknowledged to me that the corporation executed it.
"!o~1lI!llnmrnilll!!m!ac:il!1li!UllDilmmiI!lC1:.lllll1!!I(U!mllml!!tnur.Ii.)
; {f-'''"i:i;;,-D. M. STONE i
E ,~f2~ 1;1::': NOTAlfl' PUDLIC-CALIFORNlr. S 5 t~ .. t";Y\:j' PnINCIPAL OFFICE Ifl ~ ~ ,:fitJ::i" SACllAMENTO COtJN1l' §
~ My Commission Expires June 12, 1991 §
(tUlIIGC:JI:.;nmU:C~lm:!aa.lll!UlUI:II!;DmJ!ill!u!CUl1mlUlllllll!iJmJII:~
My Commission expires
Notary PUbl~aid County
FAITHmL P ERFORMAllCE BOND
KNOW ALL MEN BY THESE PRESENTS:
DUPLICATE ORIGINAL
BOND NO: 11 78 O[ 62
Premium: $[,182.00
THAT WE, CALIFORNIA PAVEMENT MAINTENANCE COMPANY. INC
as Principal and RELIANCE INSl!RANCE COMPANY
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of TWO HUNDRED SIXTY-TWO THOUSAND SEVEN HUNDRED SEVEN & 481100 Dollars
($ 262,707.48 ) la~ful money of the United States, for the payment
of ~hich ~ill and truly to be made, ~e 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:
STREET MAINTENANCE -SLURRY SEAL
PRClJECT 88-116
NOW, THEREFORE, if the said Principal shall well and truly perform the ~ork
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 24th day of May , 19~
(To be signed by Principal
and Surety and ackno~ledgment.)
By:
. RELIANCE INSl'RANCE COIII'ANY
Surety
II. \veber
The above bond is acc.epted and approved this ____ .day of _______________ , 19
RELIANCE INSURANCE COMPANY
HEAD DFFIC •• PHILADELPHIA. PENNSYLVANIA
POWER OF ATIORNEY
KNOW ALL MEN BY THESE PRESENTS, That thO' RELIANCE INSURANCE COMPANY, It corporation duly orQlnllf.fd undor tho I_WI 0' the SIBt8 of
Penntylvanle. dOM horeby makl. conltltute end appoint
JOSEPH H. WEBER of SACRAMENTO, CALIFORNIA---
Itt trul and lewful Attorney-In-FecI, to make, axacutl)'. wal and denver for end on Iu behslf. and a. fu ac:t: and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP.:.-----
end to bind 1M RELIANCE IflSUAANCE COMPANY thereby as tullv and to the .. me OJ('1ent 6S If luch bond. end undertaking. end other wrltlngl
ob1loalOrv In thl n,!Llrl thereof ~re tlgned by In EIo:8CUllve OffIcer of the RELIANCE INSURANCE COMPANY and .ealad end attettod by OIM othar
ot IUch olUett ... , lind hereby ftH1fi1tJ and confirm. allttlet It. Mid AtlOfnIJyb'·ln-Peot me)' do In purau~nCt! ""II,~f.
Tbll Power of Attornev II granted under snd bV authority of Artfcle VII of ,he By·uws of AEl1ANCE INSURANCE COMPANY which became
ef'O'c;tiw SePlember 1~ 1918. which ptOVlllonl are now in full force Dnd effec;t, reeding 1.11 follows:
ARTICLE VII-EXECUTION OF BONDS AND UNOERTAKINGS
1. The Board of Oirtctorl, 'he Pnuldent* ttHt Chairman of 1he Boerdt eny Senior VitIJ Prelident, eny Vice Prosident or Al$lttant Vloe PrMldent
or other officer deJignBta'd bV the Boerd of Directors .hall he\1l po~r end'euthotlty to fa} appal"1 Ano'ney,·ln~Fect end to authorize them to uecuta
on beh.alf of the Company. bond. and undertakings, r&cognizancn. =ntracts 01 Indemnltv and olher writing, obligatory In the nature thereof, end (bl
to remow eny ,wen Attorney-In-Fact et any liroo end revoke 1hO' power and authority given to him.
2. AttorneYl·ln·Fact lhall heve powet and t:luthoriw ~ lubJect to the ttuml snd limitollonl of tM power of enornaV limed to them, to execute
end deBlter on behelf of Ih. Compeny. bond. end undonekfng •• recognlzenoe •• eontl'8etl of Indemnity and Othef wdHnI}! obligatory In the netUHt thereof.
The corporete lui , • .,ot nfI<:Cwry for tha validity of any bond. and undertaJdn9'. r&eOgnizonce •• =ntrse'll of Indemnity end other writing. obUgatory
In the natura tMreof.
3. AttorneYI~jn~Ft'lct shall heve power and authority to uecute a Hfdavits required to be attached to bonds. recognizances. contraCtS of Indem-
nity or other conditional or obllg:.otory tmdarteklngs and IheYlbali alw have power and authority to certify the financIal ttotement 0' the Companv and
to copies of Iha By·Lswt ot she Company or eny erticle or t.ec;tlon thereof.
This power of anorneV 'I Iluned and Ma!ed by· factimUe undtr end by authority of Ihe 'allowing Rasolulion adopted by Ihe Boord of Directon of
RELIANCE INSURANCE COMPANY at a mooting held on the 5th dey of June. 1979. at which e quorum was ptMenl. end said RMolullon het not bean
I'lmendad or repealed: •.. "RhOlwd, that the signature! 0' such directors and officeu and the seal of tha Company may be affixed to eny such power of
attorney or any ~rtlflea1a ralating thoreto by fec.imirlt. and any luch power of attorney or certificate ~arin9 such facsimile
ligneturM or foctlmile Mel then be vnlld end binding upon the Company and any luch power $0 ekl'lcUled end certified by
ffu:::,imlla lig"eturos and faalmlla saal thall be valid and binding upon tho Comp.any In ths futuro whh respect to any bond or
undertaking to wtdch it is attached,"
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY·has caUled ,l1ele presents to be signed bylu Vlee Presldent,end hscorporbl.so.allO
bo ""mo .m."" .• hl! 9th davof August 1~3 •
STATE OF
COUNTY OF
Washington
King
On 1hl. 9th dav of August * '183 .,personallyappeered Charles B. Schmalz
to ml known to be Ihe VIce-President ot the REL1ANCE INSURANCe COMPANY. and bCknowl&dged tl1al he execut&d and aunted tl1c foregolnll
Inmument end ."heed the soef of Mid corporallon thereto, and (l1el Article VH, Seetlon 1. 2 ... nd ,3 of the By-Law. of saId Company end the Resolu.
tion, set forth 1herfln. ate niU In full force. ...,;.~
'My Commlllion EkplfM: /~~;'~~i'. ~~ ··;.7..~/: \~ '111\ .. ::t.
July 20.19 86 .~~,. Noto'v Publlcln end for S •••• of
ROIldl"'lat
I, Charles J. Falskow ,A"hle"' s..",.,V of .ha RELIANCE INSURANCE COMPANY, do h.,obV certUV .N. ,ho .ho""
.nd foregoing II III true and COtt8d copy of a Power of Atto,ney nttcuted by wid RELIANCE fNSURANcE COMPANY, which i. uiff in full for~ and
ofleet.
LABOR AND MATERIAL BOND
KNOW ALL HEN BY THESE PRESENT:
DUPLICATE ORIGINAL
IlOND NO: II 78 01 62
Premium: lllcluded in
Perf ormance Bond
WHEREAS, the City of Cupertino, State of California, and
CALIFORNIA PAVEMENT MAINTENANCE COMPANY. INC.
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 ______________________________ ___
RELIANCE INSl'HANCE COHPANY
as Surety, firmly bind ourselves, our executors_ admini8trators~ 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 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
pe,rsons, 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
______ ~T~\i~O_I~IU~NPRED SIXTY-TWO THOUSAND SEVEN HUNDRED SEVEN AND 48/100 DOLLARS
__________ ~ _______ (L1Q~, 707 .48 ).
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.
J
STATE OF CALIFORNIA
COUNTY OF ... SACRA.'1ENTO ........ .
OFFICIAL SEAL
PATRICIA CHERRV
NOTAR~PUBUC CAUFORN~ SACRAMENTO COUNTY
M.V Ccmm. EKptrfl, jun. 7. 1991
55.
On this ... 2J.S:c· ......... day of. ...... JUNE ..................... , in the year
.......... 19.811 ..................................................... , before me,
. . EATRICIA. .CI'IERE.I ................. ,a Notary Public, State of California,
duly licensed and sworn, personally appeared ................................. .
..... : .................... J;;U:(':A\lJ;;,It. A+RQ~Q .............................. ,
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as .. SECRETAR.Y ........ .
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the ...... ' ............... , County of. S:49.RAl1!'.l!~.q ... .
.. .. .. . .. .. .. . .. .. .. .. n the date set fort in this certificate. nu doo;umom 13 M'r " Qe!ll.UlIIlO!llI IJtfildl may be ~r lor \l$f: it! simp:.e
~wll)no.i'lyaeu.oris~toa:l~"&\IIm!I.\itefotti>e
~(IIat'\ilnQf'l"ll')y. TtwiI Oflll'!$',*,,",iI4lmah MrWarranlyll'l!t'oslllllpressO!impliOOi'lSl(lh
IfJgaiV~ (II NlJ ~I\()f!he S\liWility O'llte"", 1Ofm! it! ¥r'f:pedro: ~
Cowdery'. Form No. 28 -Acknowledgement W Notary Public -
Corporation (C. C. Sees. 1190·1190.1) -(Rev. 1183) My commission expires .Il!NE 7. 1 991
STATE Of CALIfORNIA
COl!NTY Of Sncramento
On this 24th day of May ,in the year 1988 ,before me Notary of Public,
personally appeared Joseph H. Weber , personally known to me
(or proved to ma on, the basis 'of satisfactory evidence) to be the person whose name
is subscribed to this instrument as the Attorney-in-Fact on behalf of the corporation
tlf!"1JI'i!''I!:':il't:alll~t1illJi'md,,,a;cR!1'I,&!;!~I!'d:gl!~ to me that the corporation executed it.
~~' --~ D. M. STONE 0'
'" ~'<" ,!t NOTARY PUBUL" LA. , ;~ a , _ i"RINCIPAL OFFICE IN ~ ~ "" •• ' SACRAMENTO COUNn §
!l My Commission Expires June 12, 1991 ~
(tIWUIIllUIlUUIUQUlUiIUUlUllIUlHllliDlllJlllillllumnnlltJluJUuuUnlt':.
My Commission expires
Notary PUbliC~d County
•
•
I
..
Labor and Material Bond
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.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Pdncipal and Surety this 24th day of May, 19_8:..:8=--_
(To be signed by Principal
and Surety. Notary
acknowledgments required.) RELIANCE INSURANCE COHPANY
Surety
The above bond is accepted and approved this ____ .dayof
________ ~~ __ ~~ _______ , 19 __ _
6/17/85
'"
(
RELIANCE INSURANCE COMPANY
HEAD OFFICio. PHILADELPHIA. PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That Ih. RELIANCE INSURANCE COMPANY,. corporation duly orgonl.ad undo< lho laws ollh. 51". of
PannrylwnllJ. dOM hereby make, C'lGnttltule and appoint
JOSEPH H. WEBER of SACRAMENTO, CALIFORNIA---
III 1rul end lawful AUo'nev·fn-Fec1~ to make, execute. ie'sland deliwr for end on It. behaU, and as I .. act lind deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP~-----
and 10 bind the RE UANCE INSURANCE COMPANY IMrebv as fullV and to the tamQ extent at 1f such bonda end undorUlJdngl and other writings
oblll)atory in the nClure thereof WI~ .tgned by en EklCU:l'lI'9 Officer of the RELIANCE INSURANCE COMPANY and lca'ed and IUectad by OM other
of such offlcerl, and hereby ratlfi" and confirms ell that iUSttld AlIorney'd-ln-flCt may do In pUrJ~nce hereof.
Thl' Power of Attorney Is grented under and by authorlt.,. of Anicl! VII of the By·laM of RELIANCE INSURANCE COMPANY which became
efflctlw September 7~ 1978. which prOyillon. erllt now in full forCAJ and effect. reading es folloWS!
ARTICLE VII-EXECUTION OF BONDS AND UNDERTAKINGS ,
1. The Board O'f Directors •• hllt Pre,ldllnt* the Chairman of the BOlrd. any Senior Vice Prllident. any Vice Pre.ldent or Anbtenl Vice Prssidenl
or other officer dll.fgnat~d by the 80ard of Olrector, lhall haw power and'luthorlty to tal eppolnt AtlorneYl-iriMFaet end to authorlle .hem 10 !leecule
on beha,f of the ComPiny. bond. and undlrtilklngt, rlt~ni.un,*. COntrutl of Indln'lnlty and.o,hlr wrUingt oblililalory in thl n.turt thlrtot, and Ibl
to r«mow eny such Attornev-In-Fect at Itnv time and rwoke the power and euthorltY glvan to hlro.
2. AUornay •• in-Fect wI! hew power end authority, subJact to the tarml and limitatlont of.he power of attorney iuultd to thllm. to UKutlt
and dellvaron behetf or th' Compeny. bond. and undartaklngl. nrcognlUlncel. contract. of Indemnitv and other wriUngs obligatory In ihe nature thereat.
Th. COlporOI .... 1 II nol n ...... ry for th. wlkllty 01 any bondl and und ..... klng •• '...,gnl .. n •••• coni"." of IndemnllY Dnd 0100' wrltlng.obll\lalo,y
In tho Mture thereo' •
. 3. Anornev.·ln~FeC1 shall ha\<'t power and authority to a)(Kute aftldaviu raquir~ to be euathed to,bonck. rerognilftncel. mntr&cu of Indem-
nltv Of other conditional or obllgatery undertekings and they mati elso heve power end authorllY to certify the finenclallt'tament 01 the Companv lind
to ropln of the By-UWS of the CompanV or onv .r1l.cle or .. etlon .ber.of,
Thl. power of euorney i, 'lgnad and seeled bV' faeslmllet under ~na bV authority of thet following Resolulion adoptad by the Board of Directors of
RELIANCE INSURANCE COMPANY at • meetIng held on the 5th daV 0' June~ 1979,lt which 0 quorum Wal ptMMt. and said RMolulion has nol been
amended or rapealed; -. "AMO'wet, that the Ilgnltur8. of such directors and offh:en Ind Ihe tea' of the Companv may be affixed to anv lum power of
attorney Of env certificate relating tharelo by f4ctimlla, end env such powar 01 auornev or cenlflc:eto bfilaring such fecslmlla
lignaturH or faa:lmlle MS' shall bfiI wUd and binding upon the Companv and anv luch poww 10 executed and certified bV
feca:fmlle .lgnaturM and faca:lmlla ce.al thall bfiI valid and binding upon the Companv in the future with respect to any bond or
undertaking to whIch It I. attaehed:'
IN WITNESS WHEREOf. (he RELIANCE JNSURANCE COMPANY has auud these pl8sentJ to ba.laned bV It. Vice Pr81idenl.and itJcorpore" mal to
be har ... o .fll_ed,lbl. 9th davof August ''ll3 '
STATE OF
COUNTY OF
On Ihl. I
Wa.shington
King.
9t h dey of
Vice President
August ~ 1f)3 ~,personelly appeared Cha.rles B. Schma.lz
to m. known to bfiI the Vice-President of the R!LfANCE INSUAANC! COMPANY, and acknowledged that he oxecutod and atteJ1ed the foregoIng
Inltrum&nt and .fflxad the Mel of IolIld corporation the-reto, end thet Ardcia VII, Section 1~ 2~ and 3 ot tha 8v·Lews of ""Id Company and the Resolu·
tion. Jet fanh theraln, 8l8,ulif In full 'orce.
My Commiulon E."Ir .. :
July 20,19 86 NOlerv Public fn end for Stete of
Residing at
ashington
Milton
I, Charles J, Fa.lskow , Auilton' Soctetarv of Ihe RELIANCE INSURANCE COMPANY, do hereby ",,,lIy l"'llh, .bo ..
.nd roregolng I, • true and cr:m&et copy of a Po"""r of Anorney executed by IolIjd RELIANCE INSURANCE COMPANY. which jl.tlilin full fOloe and
III..",
IN WITNESS WHEREOF. I haw ..... unIO lOt mv hand end afllked the .. el of .. Id Compony thl. 24th Illy 01 May
~ Aul"enl Secretory CL ,.It.., 12
HilS.
BOR·1431 Ed. eng