88-052 Rosendin Electric, Traffic Signal Modification, Mary Ave and Stevens Creek Blvd, Project No. 5006/ . •
CONTRACT FOR PUBLIC WOR~S
CONTRACT made on ,~/ SJ /1 r f' by the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and ROSENDIN ELECTRIC, INC.
,hereinafter called the CONTRACTOR.
• IT IS HEREBY AGREED by the parties as followsr
1. THE CONTRACT DOCUMENTS. The complete contract consists of the
following contract documentsl
A. Plans and Specifications for TRAFFIC SIGNAL MODIFICATION MARY AVENUE
AND STEVENS CREEK BOULEVARD, PROJECT 5006
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 TRAFFIC SIGNAL MODIFICATION
as called for, and in the
manner designated in, and in strict conformitr with, the plans and
Specifications prepared by: Mr. Bert J. V skovich, Director of
Public Works and adopted by the City, Which Plans and
Specifications are entitled, respectively,
TRAFFIC SIGNAL MODIFICATION MARY AVENUE AND AND STEVENS CREEK
BOULEVARD, PROJECT 5006
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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 Ci ty I 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 ab~ve agreed to be
done, the sum of: TWENTY EIGHT THOUSAND SIX HUNDRED NINETEEN AND
00/100 DOLLARS ($28,619.00)
subject to additions and deductions as provided in the Contract
Documents, per Exhibit, "AW 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 re,specting 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 aqreement 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 aqree.
S. PERMITS, COMPLIANCE WITa LAW. The Contractor shall, at his
expense, obtain all, necessary permits and licenses, easements,
efc., 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 irispection
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 \'IORK AND CHANGES. Should the Ci ty at any
time during the progress of the work require any alterations,
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deviations, additions or: omissions fr:om 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 accorda.nce 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 ~ork shall be performed or change be made except
by a written order from the Ci.ty, 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 f~r an addition to the contract sum shall be valid unless so
ordered.
e. CHANGES TO MEET ENVIRONMEN'fAL 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
wi th the rules of the American Arbi tration 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
ag'reement of the parties, or .tn accordance wi th the rules of the
American Arbitration Association if the parties are unable to
a1l'ree.
10. TIME FOR COMPLETION. All work under this Contract shall be
completech ON OR BEFORE JANUARY 20, 1989 PLUS THE NUMBER OF CALENDAR
DAYS BETWEEN BID OPENING AND THE EXECUTION OF THE CONTRACT.
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, unusu~l delay in transportation,
unavoidable casual.ties 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 elCc1ude the recovery of d~mages for delay
by either party under other provisions in the Contract Documents.
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ll. U'SPECTION AND 'rESTING 'OE' MATERlALS.. The Contractor shall
nottfy 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. 1£ 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
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 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
property belonging to the Contractor as may be on the site of the
~ork and necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND HAKE
APPLICATION THEREOF. In addition to the amount which the City may
retain under paraqraph 21 of this Contract until the final.
completion and acceptance of al~ 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 JUBt 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 Cont~act 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
ensare 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.
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14. NO~ICE AND SERVICE THEREOF. Any notice from one party to
the other under this Contract shall be in writing, and shall be
dated and siined: eittler by the party givinq such" notice, or by a duly author zed representative of such party. Any such notice
shall not be effective for any purpose whatsoever unless served in
the following mannerr (al if the notice is given to the city
either by personal delivery thereof to the city Manager of the
Ci ty, or by deposi.ting the same in the Uni ted 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 at the site of the
project, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to said Contractor atl
P.O. BOX 5061
SAN JOSE, CA 95150
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
Statel mails, enclosea 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 qiving the notice,
posta."e prepaid and certlfted.
15. ASSIGNMENT Oli' 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
tlle city.
16. COMPLIANCE WITH SPECIFICA'UONS OF MATERIALS. Khenever 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
tne "City aqrees in writing to some other material, process or
article offered by Contractor whicb is equal in all respects to the
one specified.
17. CONTRACT SECURITY. Tbe Contractor shall furnisb a surety
bond in an amount at least equal to one bundred percent (lOOt) of
the contract price as security for the faitbful performance of this
Contract. Tbe Contractor shall also furnish a separate surety bond
in an amount at least equal to one bundred percent (100\' of the'
contract price as securitr for the payment of all persons for
furnishing materials, prov sions, provender, or otber supplies,
used in, upon, for or about the performance of tbe work contracted
to be done, or for performinq any work or labo1; thereon of any
kind, and for the payment of amounts due under tlle Unemployment
Insurance Code witb respect to sucb work or labor in connection
with this contract, and for the payment of a realonable attorney's
fee to be fixed by the court in case suit is brougbt upon the bond.
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19. INSURANCE.. 'rhe Contractor shall not commence work under
this ~ontract 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 obtained and approved. The Contractor
shall furnish the city with satisfactory proof of the carriage of
insurance .required, and there shall be a specific contractual
liability endorsement extending the 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 Con.tractor 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
modifi~ation of the policy.
(al 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 i3 sublet, the
Contractor shall require the subcontractor similarly to provide
Worker's compensation Insurance and Employer's Liability
I'nsurance for all of the latter's employees unless such employees
are covered by the protection afforded by the Contraetor.
In signing this Contract the Contractor makes the following
certification, required by Section 1861 of the Labor Coder . "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) LIAB.tLITY .tNSURANCE. The Contr.actor 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 followsr
Bodily Injury Liability Insurance in an amount not less than
$300,000.00 for injur ies, J.ncluding 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 acciden.t, and
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Property Dalllag'e Liability Insurance in an am,ount not less than
$250,000.00. The City and its officers and employees, shall be
named as additional insureds on any such polici.es of insurance,
which shall also contain a provision that the in.Burance 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
ag'ainst a loss covered by such policy, such other insurance shall
be excess insuranc.e only.
19. HOLD HARMLESS. The Contractor will save, keep, and hold
harmless' the City and all officers, employees, and'ag'ents thereof
from all damages, costs, or expenses, in law or in equity, that may
at any ,time arise or be set up because of personal 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 alleg'ed infring'ement of the patent rig'hts 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 warning'S, sig'ns, 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. g'eneral public.
20. BOURS OF WORK. Eig'ht hours of labor during' anyone calendar
day and forty hours of labor during' anyone calendar week shall
constitute the maximum hours of service upon all work done
hereunder, and it is expressly stipulated that no laborer, workman,
or mechanic employed at any time by the Contractor or by any
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' eig'ht hours
during anyone calendar.day and forty hours during' anyone calendar
week, except, as provided by Section 1815 of the tabor Code of the
State of California, 'work performed by employees of contractors in
excess of eig'ht hours per dar and forty hours during anyone week
shall be permitted upon publ c work upon compensation for all hours
worked in excess of eight hours per day at not less than one an.d
one-half times the basic rate of pay. It is fUrther expressly
stipulated that for each and every violation of Sections 1911-1915,
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 1$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 mote than eig'ht hours in anyone calendar'day and forty hours
iii anyone calendar week in violation of the provisions of said
.Sections of the Labor Code.
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The Coneraceor, and each subconeraceor, shall keep an accuraee
~ecord showinq ehe names of and aceual hours worked each calendar
tay and each calendar week by all laborers, workmen, and mechanics
4mployed by him 'in conneceion wieh ehe work coneemplaeed by ehis
eonerace, which reco~d . shall be open ae all reasonable hours eo the
inspeceion of the city of its officers or aqents and eo the
Division of Labor Law Enforcement of the Deparemene 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
ascereained the qeneral prevailinq rate of per diem waqes and rates
for holidays and overeime in the locality in which ehis work is to
~ per~ormed, for each craft, classificaeion, or type of laborer,
wprkman, or mechanic needed to execuee this contract. The
prevailinq waqes so determined are set forth in the Specifications
and made a part hereof. Neither the notice invitinq bide nor this
Contrace shall constitute a representation of' fact as to 'the
prevailinq waqe rates upon which the Contractor or any
subcontractor under him may base any claim a9ainst the city.
1776. (a) 'Each Contractor and SUbcontractor shall keep an
accurate payroll record, shovinq the name, address, social security
number, work classification, straiqht time and overtime hours
worked eaah day and week, and the actual per diem waqes paid to
each journeyman, apprentice, worker, or other employee employed by.
him or her connection with the public work.
(b) The
certified
hours at
basisl
payroll records enumerated
and Shall be available for
the principal office of
under subdivision (a) shall be
inspection at all reasonable
the Contractor on the followinq .
(1) 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 authorized representative on request.
(2) A certified copy of all payroll records enumerated in
subdivision (a)' shall' be made available for inspection or
furnisbed upon,request to a representative of the body awardinq
the contract, the Division of Labor Standards Enforcement and
the Divi.ion of Apprenticeship Seandards of the Deparement 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,
ho~ever, that a request by the public shall be made throuqh
either the body awardinq the contract, the Division of
Apprenticeship Standarda, or the Division of Labor Seandards
Enforcement. The public shall not be qiven access to such recd~ds 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.
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(d) Any copy of records. made available for inspectionaa copies
and £urnished upon request to the public or any public agency by
the awardinq bids. the Division of Apprenticeship $tandards 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. ~he 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 awardinq the contract of
the location of the records enumerated under subdivision (aI,
including the street adqress, city and county and shall, within
five working days, provide a notice of a change of location and
addres ....
If) In the event of noncompliance with the requirement. of this
section, the Contractor shall have ten (101 days in which to comply
subsequent to receipt of written notice specifying in what respects
such Contractor must comply with th,i. ..ction. Should
noncompliance still b. evident after such ten (101 day period, the
Contractor shall,· as a penalty to ~he st.ate of polit:ical
subdivision on Whose behalf the contract. is made or awarded,
forfeit t.wenty-five dollar. ($25.001 for each calendar day or
portion thereof, for each worker, until strict. compliance is
effectuated. Upon tbe request. of the Division of Apprenticesnip
Standards or the Division 'of Labor Standards Inforcement., such
penalties shall be wit.hheld from pr09'ress payment. then due.
(gl The body awardinq the contract shall cause to be insert.ed in
the contract. stipUlations to effect.uat.e this section. Such
st:ipulations' shall fix the responsibility for compliance with this
sect.ion on the prime contract.or.
1h) ~he director shali adopt rules consistent with the California
P'ubllc Records Act, (Ch; 3.5 (commencinq with Section 6250) of Div.
7; ~itle 1. Gov. Ch.) and the Information practices Act of 1977,
(~itle 1.8 (commencinq wit.h Sec. 1798) Pt.. 4, Div. J, Civ. C.l governing the release of such records, includinq the e.tablishment
of reasonable f.es to be charqed for reproducinq copies of records
required by this .ect.ion. (Added by Stat.s. 1978, en. 1249),
1775.5 Nothinq in this chapte~ shall prevent the amployment of
properly registered apprentices upon public work.
Every such apprent.ice shall ·be paid the
apprentices under the requlations of the craft
is employed, and shall be employed only at the
trade to which he is reqistered • •
paqe 9
,
standard waqe paid to
or trade at which he
work of the craft or
-. . .
Only apprentices, as defined in section 3071, who are in training
under apprenticeship standards and written apprentice agreements
under Chapter. (commencing with section 30101, Division 3, of the
Labor Coda. are 'eligible to be employed on public works. The
, employment and training" of each apprentice shall be in accordance
with the provisions of the apprenticeship standards and apprentice
agreements under which he is training.
When the Contractor tv 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 workman 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. ~here shall be an affirmative duty upon the
joint apprenticeship committee or committees adainistering 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 approyal to local joint apprenticeship committees
provided they are already covered by the local apprenticeship
s~andards. The ratio of apprentices to journeymen Who shall be
employed in the craft or trade on the public work may be the ratio
~ipulated 'in the apprenticeship standards under which the joint
apprenticeship committee operates but in no case shall ~~e ratio be
lea. 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 preyiously approved in such craft or trade, shall employ
the number'of apprentices or the ratio of apprentices to journeymen'
stipulated in the apprenticeship standards. opon 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 ayerage of not
less than ,one apprentice' to each five journeymen, the Division of
Apprenticeship Standards may' grant a certificate exempting the
Contractor for the I-to-S ratio as set forth in this section. This
sectiod shall not apply to ,contracts of general contractors involvin~ less than thirty thousand ($30,000.001 or twenty (20)
,working days or to contra~ts of specialty contractors not bidding
; . tor work through a galleral or prime contractor, inVOlving less than
two thousand dollars ($2,000.00) or fewer than five (5) working
days.,
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"Apprenticeab1e craft or trade, ~ as used in this sect.ion, shall
mean a craft or trade determined as an apprenticeable occupation in
accordance vith rules and regulations prescribed by the
Apprenticeship Coun~il. The joint apprenticeship committee shall
have the discretion ,to grant a certificate, vhich Shall be subject
to the approval of the Administrator ot Apprenticeship, exempting a
contractor from the l-to-5 ratio set forth in this section when it
finds that anyone of the following conditions are met,
111.1 In the event unemployment for the previous three month period
in such area exceeds an average of 15 percent, or
(bl In the event the number of apprentices in training in such
area ex~eeds a ratio of l-to-5, or
Icl If there is a showing that the apprenticeable craft or trade
is replacing at least one-thirtieth of its journeymen 'annua11y
through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis. . .
(d) If assignment of an apprentice to any work performed under a
~ublic works contract would create a condition which would
jeopardize his life or the life, safety, or property of fellow
employees of the pub1ic'at large if the specific task to which the
apprentice .
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 ~ommittees, provided they are already covered
by the Local apprent:ic:aship atandards.
~ contra~tor to whom the contract is awarded, or any
subcontractor under 'him, who, in performing any a! the Work, under
t~e ,eontract, employs journeymen or apprenti~es in any
apprenticeabLe craft or trade and who is not contributing to a
fund or fund. to administer and conduct the apprenti~eship program
in any· such craft or trade in the area of the site a! the public
work, to wbich fund or funds other contractors in the area of the
site of the public work are contributing, shaLL contribute to the
fund or funds in each cra!t or trade in which he employs journeymen
or apprentice. on the pubLic work in the same amount or upon the
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 Dividon
of tabor'Standards Enforcement is authorized to enforce the payment
of. auch'·cclntributions to the fund or funds as set forth in sect:ion 221. " :
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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 jOB1., (Amended by
Stats. 1976, Ch. 11791
1777.6 It shall be unlawful for an 'employer of a labor union to
refuse to accept otherwise qualified employees as' reqistered
apprentices on any public works, on the ground of the race.
religious creed, color, national oriqin, ancestry, sex, or &qe,
except as provided in Section 3077, of such employee. (Amended by
Stat. 1976, ch. 11791
1777.7 (al In the event a contractor willfully fails to comply
with the provisions" of Section 1777.5, such contractor shall,
(11 Se denied the right to bid on any pubiic
period of one year from the date the
noncompliance i, made by the Administrator of
works contract for a
determination of Apprenticeship, and
(2) Forfeit as a civil penalty in the sum of fi!ty dollars
($50.001 for each calendar day of noncomp.liance. Nothwithstandinq
the provision. of Section 1727, upon receipt o! such a
determination ehe awarding body shall withhold from contract
proqress payments then due or to become due such sum.
,(h) Any' such determination shall be issued afeer a full
investigation, a fair and impartial hearing, and reasonable ,notice
thereof in accordance with reasonable rules and procedures p~escrihed by the California Apprenticeship Council.
_ (c) Any' funds withheld by the awarding body ~ursuant to this
§ection shall ,be deposited in the general fund i! the awardinq body is a stats entity, or in the equivalent fUnd o! an awarding body if
such awarding body is an en,Uty other than the Seate.
The interpretation and enforcement of Sections 1777.S and 1777,7
shall be' in accordance with the rules and procedures of the california Apprenticeship Council. (Amended by Stats. 1979, Ch.
1249)
It shall be mandatory upon the Contractor, and upon any
,subcontractor under him, to pay not less than the said specified
rates eo all laborers. workme~, and mechanics employed in the
execution of the Contract. It is further expressly stip~lated that
, the.Contractor shall, aa a penalty to the City, forfeit twenty-five
:. doliai'lt '($25.00) for each calendar day,' or portion thereof, for'
, .:;: e'c~ 1aboter I workman, or Dlechanic paid less than the stipUlated ~'\!.,i;~t8iJlI..I:lln'1 tatea for any work done under this Contract by him or by
~~~;ahY~lubcontractor under work done under this Contrace by him or by
; ,;'~~~~:Aliy ,subcontractor under him, and contractor agrees to comply with
.. ,,:". all provisions of section 1775 of! the Labor Code. '.
Paga' 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 ~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. 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 notlce be recorded within ten days after
the acceptance of completion of such Contract as evidenced by
resolution of its govern!'ng body I 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
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thereof, the writing aforesaid, within ten (lO) 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 (lO) 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 w~iting 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 app,roval 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 luch public
utilities are not identified by the City in the Plana 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 facilitiel not indicated in the plans
and Specifications, other than lervice 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
p~rforming the Contract discovers utility facilities not identified
by the City in the Contract Plana and Specificationa, 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 worx 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 effectsl 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 aite 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 aaid building, work, or equipment or any part· thereof, or in,
Page 14
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on, or about the same during its construction and
acceptance.
before'
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~ate of acceptance of completion of this Contract by the
City, the Contractor' will forthwith remedy such defects without
coat 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 ahall
become liable to the City for liquidated damages in the sum of
$150.00 CALENDAR DAYS
for each and every working day during which said work shall remain
uncompleted beyond auch 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 successor. at the time of
completion, and hi's sureties shall be liable to the City any
excess.
'"28.' ADDITIONAL PROVISIONS.
None
Page 15
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STATE OF CALIFORNIA
. SS. COUNTY OF ... SARIA. .CLARA ...... .
:N.9G:t!JG:C.<)'*JGj!)CiDt£)WG':(')~J(;:(·)«')«')t;i.I)~
~ @....;.,OFFICIALSEAL.:
G "",'.' RITA FISHER : ~ ·,}fffi, NOTARY PUBLIC· CALIFORNIA ~ 2 .... 0· ... SANTA CLARA COUNTY ~
'$1 My Commission Expir.' April 10, 1992 ~ r~Gl'<lGl<l.lGl<l.lGl<l.lGl<l.lGl<l.lU)!:lU)!:lU)!:l~~(,"'IfM>G
On this ........... 2.9 th .. day of ...... AlJeus:r; ..•..........•....• , in the year
.............................. l9.68 .................................. , before me,
. .......... .RlXP.. .F~SHER .............. , a Notary Public, State of California,
duly licensed and sworn, personally appeared ................................. .
........................... • J'oRDAN . .B ••• CROWE .............................. ,
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as ..... Y.'L>:.E. EMS.~DET:lI
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I have hereuntj) set my hand and affixed
my official seal in the. p.J!.7J) .................... , County of. ..... fi".~rA ...... .
ThbO:xuIT\O!'JIsDn.'yalleneralIOl'mwhid1.INI'I'baPl'QporforUSBjl!lI1l'f!1l~ •••••••••• C.lJ~R~ ................ , on tlte d~a set fo~rth rz£bove'n this certificate. Ir~ art:l1A 110 WR)' iiC5, or IB Iri!tmdad Ul a:t, all a BUbstMe lor !he ~ .. • B!Mtaal'lfl~. The:pT¢eI' i:IImMt~ Wl)'-a-renfy0i\tle1 C~()Iimpll&d!\tIOV\O i"'14':.) ~ lEgaJyalidityiJIqpn)\ri$iOnQl'l/tell(/itabililyoil/'fi(lfonnJ.iMany~t~. ; Notary Public, State ofCalifomia
Cowdery's Forro No. 28 -Acknowledgement to Notary Public -Corporation (C. C. Sees. 1190-1190.1) -(Rev. 1183) My commission expires ...;4"'-::.1"'0"'-::.9"'2'-______ _
• , '
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P.O. No.
IN WITNESS WHEREOF, ehe pAreies have execueed ehia Coneraee, in
duplicaee, ehe day and year firse hereinabove vri~een.
CITY OF CUPERTINO
Ap~roved as eo form
Mayor I
ciey Aeearney Cit:y Clerlta
Oaee/Ciey Clerkl
CONTRACTOR I ROSENDIN ELECTRIC, INCa
No't:ary acJcnowled9lllent. required. d{YI ~JORDt,....A~N B CROWE
If a corporation, corporat:e aeal ' ,
and carpora.~. not:llry , VICE PRESIDENT
acknovledgmene requ1:l:'ed. MANAGER, HIGHWAY DIVISION
project:. Name and NWIIl:Ierl, TRAFFIC SIGNAL MODIFICATION 'MARY AVENUE AND
, STEVENS CREEK BOULEVARD, PROJECT 5006
Cant:ractora lIamel ROSENDIN ELECTRIC, INC., P.O. BOX 5061; SAN'JOSE, CA 95150
Contract Amount:1 TWENTY' EIGHT THOUSAND SIX HUNDRED NINETEEN AND 00/100 DOLLARS
($28,619'.00)
, 120-953-5006
Page 16
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1988 CAPITAL L~ROVEMENT PAYMENT SCHEDULE
QUANTITIES CUT-OFF DATE CHECK REL~~SE DATE
FRIDAY 5:00 P.M. FRIDAY
Dec.ember 18 January 1
January 15 January 29
February 12 February 26
Marc.h 11 Marc.h 25
April 8 April 22
May 6 May 20
June 3 June 17
July 1 July ,15
July 29 August 12
August 26 Sep,ember 9
September 23 October 7
October 21 November 4
November 18 December 2
December 16 December )0
" WOo .~
; ,,' .. '.,
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, .
. , ,-PROPOSAL
TO THE DIRECTOR OF PUBLIC WORKS
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA., 95014
/EXHiBiT A
In compliance with the Plans, Specifications and/or special
Provisions for the constructing to completion the MARY AVENUE and
STEVENS CREEK BOULEVARD Traffic Signal Modification, PROJECT
5006, I, the undersigned, hereby declare that.I have read the
proposal requirements, visited the site, and examined all of the
above documents. I, the undersigned, hereby propose to do all
work required to complete the proj ect in accordance with the
Plans, specifications and/or Special provisions for the prices
set forth in the following SChedule. I further understand that
said prices include all costs including, but not limited to,
local, state and federal taxes or transportation costs.
I, the undersigned, also understand that the quantities
shown below are estimates only, being given on a basis of
comparison of bids, and that the city of CUpertino does not state
that the actual amount of work will correspond but reserves the
right to increase, decrease or delete the amount of any class or
portion of the work or to omit items or portions of the work that
may be deemed necessary by the Engineer.
The City of CUpertino reserves the right to unilaterally
determine and award the contract to any qualified bidder based on
the most advantageous proposal, tq reject any or all bids or to
waive any irregularities in the bidding procedures.
The work to be done consists of the furnishing of all labor,
methods, processes, tools, machinery and materials required to
construct to completion and in working usable order the Traffic
Signal Modification on MARY AVENUE at STEVENS CREEK BOULEVARD,
PROJECT 5006 as described in the contract documents.
In the event of discrepancies between the written unit price
and the numerical unit price, the written price shall prevail and
shall be used to calculate the total for that bid item. The bid
prices for this project shall be as outlined on the following pages. .
Proposal Page 1
" .
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BID
PROPOSAL (Continued)
TIME FOR COMPLETION
1. Traffic s.ignal controller equipment, appurtenances, poles
and hardware will be delivered to the job site for installation
on or before f)8:;.(;;Mf3€8 30TH , 19l8:.
2. The traffic signa~system will be complete and operating on
or before J7WUA!'<{ 20 ,19m.
The actual dates for completion shall be the dates set forth
above plus the number of calendar days between the bid opening
and the date the contract is executed by all parties.
The contractor shall diligently prosecute the work to
acceptance by the city before the actual dates for completion as
set forth above. The contractor shall pay to the City of
Cupertino Liquidated Damages, as set forth in the Special
Provisions, for each and every calendar day's delay beyond the
dates established in this proposal for eaoh and every portion of
the completion process.
ESTIMATED OUANITIES
UNIT
ITEM EST.OTY. UNIT ITEM PRICE TOTAL
1-ONE(l) IS Traffic Signal Modification:
"TlU~ SelJe0 lL:ru<;. c.-D
5~-e...; lu,,..cLJ ~ '-!~ a
Dollars Lump Sum $ 'l-1.15'l--
2. ONE(l) IS construction Signing & Traffic
Control: §,S(J( hvlVW -f"'~l~~ew ~
Dollars Lump Sum
J. 2 Eaoh Install Traffio signs:
(Q~ ItlvW '
,e)
$ ! 0"0,'-lEa $ z.,a,~
TOTAL PRICE BID: $ 'lS "{'t,"..!,.. ~ ========~===============
Dollars per Each
Proposal Page 2
ROSENDIN ELEGTRIG, ING.
. .
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PROPOSAL (Continued)
I, the undersigned agree that if this proposal is accepted
by the City of cupertino, I will enter into a contract with the
City to provide all necessary machinery, tools, apparati, and
other means of construction and to do all of the work'specified
in the contract in the manner and time specified.
I, the undersigned, declare that this bid is made without
connection with any person, firm, or corporation making a bid for
this 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 portion of the work over another
and each starting date where conflic~ of construction schedules
occur.
Attached hereto is the reffllired certified check, bid bond or
surety in the amount of $ BID FRS BONO -, which amount
represents ten percent(lOt) of the total amount of the bid, as
required by law and the notice to bidders.
Proposal Page 3
ROSEN DIN ELECTRIC, INC.
. .
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PROPOSAL (continued)
BIDDER QUALIFICATION r9BH
In further compliance with the specifications furnished, I,
the undersigned, submit the following statements as to my
experience and qualifications to perform this work as a part of
this proposal. The truthfulness and accuracy of this information
is hereby guaranteed.
My organization has been in business under its present name
for 75 years.
Our experience in
proposed contract is
current business name.
wor~5com.parable with that required by the
+ years operating under our
Our experience in work comparable with that required by the
proposed contract is 25+ years operating under the
,business name ROSENDIN ELECTRIC. INC. •
Our california contractor's License Number is 14288] •
The classification of this License is __ ~c:~,~C)~-~c>~ft~ ______ _
The following is a list of work similar in character to that
required in the proposed contract which our organization or
personnel in our organization has completed ~ithin the past
three(3) years. .
Year Class. Location of Work and for Whom PerfOrmed
1987 SIGNAL INSTALLATION, 04-SCL-130,1.3,1.6; ALUM ROCK AVE
IN SAN JOSE FOR CALTRANS
Amount
60,334.00
1987 SIGNAL INSTALLATION, 04-SCL-130, 0.4,1.0: ALUM ROCK AVE. 61,070.00
IN SAN JOSE FOR CALTRANS
Proposal Page 4
ROSEN DIN ELECTRIC, INC.
. .
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PROPOSAL (Continued)
SUB-CONTACTORS FORM
The sub-contractor{s) that J: propose to use to perform any
of the work for this project are listed below. Only those listed
shall perform work on this project.
1. Name MULT/SONICS
Address DU t3 L-I N ,Cit I •
Work to be Performed CoN1AQLL£t? MOOZACATlOJS.
2., Name __________________________________________________ _
Address ______________________________________________ __
Work to be Performed ____________________________________ '
3. Name ___________________________________________________ •
Address ________________________________________________ •
Work to be Performed ____________________________________ •
4. Name __________________________________________________ _
Address _________________________________________________ •
Work to be Performed __________________________________ __
5. Name __________________________________________________ _
Address ______________________________________________ ___
Work to be Performed ____________________________________ •
6. Name ___________________________________________________ •
Address _________________________________________________ •
Work to be Performed ____________________________________ •
7. Name __________________________________________ ---------.
Address ______________________________________________ ___
Work to be Performed __________________________________ __
Proposal Page 5
OMl=flJnIN FI Fr.TRIC. INC.
• • .. ~ . . , . , .
"
PROPOSAL (continued)
SIGNATURE I.QBM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A
CO-PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL
INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A
CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE
NAMES OF THE PRESIDENT I SECRETARY-TREASURER AND MANAGER. THE
CORPORATE SEAL MUST BE AFFIXED TO THIS FORM,
. ROSENDlN ELECTTiIC. INC.
'TYPE OF BUSINESS R. J. ROSENOIN -PRESIDElft
I. M. ROSENDItl M U y, fMll, IliIllL ;--~=-------------------------------'-"--------' CORPORATION
CO-PARTNERSHIPl ___________________________________________ ,
, INDIVIDUAL '--~-------------------------------------
,JOINT VENTURE l _________________________________________ ,
,
'------------~~~~~--~~~~~c_------' (Describe) JORDAN B. CROWE
VICE PRESIDENT
Name and Signature of Bidderl ______ -.-.;:=:MF.A~N~AG~E='R'r;, H~I::GH~W...,AY~D~IWH:S~I~ONI4---(PrInt or Type :Name)
l..J~~~~~~~(~~~g::!n<!:~r-e-;g~~·r~e)=::::::-=----·
Date l __ A_U G __ 9_1_98_8 __ '_' ____ •
Address(mailing & location) ,880 N. MASURY RD., SAN JOSE, CA 95133 . ,
P. O. BOX 5061, SAN JOSE, CA 95150
-----------------------------'
----------------------------_.
Telephone Number ; «(408) )286·2800 , .
Acknowledge Addenda Recieved by circling the addendum number •
1 @ 3 4 5 6 7 8 9 10
Proposal Page 6
Qn~~NntN FI Fr:TRIC. INC.
STATE OF CALIFORNIA
5S.
COUNTY OF .SANn .. Qk~M ........ .
On this ..... Z9.t.I:> ......... day of .... <\].!GWiJ: ....................• , in theyeaT
............................. i.'lll.Il .................................. , bernreme,
.. .......... R IIA .. FlSHER ............. , a Notary Public, State of California,
duly licensed and sworn, personally appeared ................................. .
............ JORDAN .. Il .•.. QRQl1ll •...................................•....•..• ,
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as .. VJ;<iI!:. ?1I11.$)Jll'.I'iT ..
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
IN WITl\TESS WHEREOF I have hereunto set my hand and affixed
my official seal in the .......... SAiD ............ , County of .... SAl)J:~ ........ .
Thi$tl:)oonIcl!ll!lc~agenor. .""'''''.'''' -mayoo~fotVStii'\SImI:l\e ••••• , .CL.ARA .•...•••....•...•.• , on th~e d set~fO abot£v in this certificate. 1I'~4IIdillwwayar:lli,<¥lsjl!loodedloaQ,aJia~fpr!h6 ~ '" J < ~oIanaltQrMy. n.pri!'!lefdoeSMm3llaanywarrantyelherl!~(J1imp!iodll$iOt'!C ~ ~ ,I
I!!Q<IlvalldityctatlY~OtIt;o&\li!4bi/l:yoftileseformsrr.MIY~U~ Notary Public State of California
Cowdery'. Form No. 28 -Acknowledgement to Notary Public -_H /.A 0'-, . Corporation (C. C. Secs. 1190·1190.11-(Rev. lJSS) My commission expires -"-!-"c.:"-,/:...::. .v_-,..,"'c..:: .---= _____ _
•
State of California
County of Marin
OFFlOIAL SEAL
JOCELYN Y. QUIRT
NOTARY PUBLIC-CALIFORNIA Principal Dillen In MARIII eounly My Commission Expires May 17, 1991
On August 29, 1988 , before me, the undersigned,
a Notary Public of said County and state, personally appeared
.Joan DeLuca
known to me (or proved to me on the basis of satisfactory evidence) to
be the Attorney-inFact of
Federal Insurance Company
the Corporation that executed the within instrument, and known to
me to be the person who executed the said instrument on behalf of the
Corporation therein named, and acknowledged to t uch
Corporation executed the same.
NOTARY PUBlIC
•
•
, \ r
•
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, ROSENDIN ELECTRIC, INC.
Bond No. 81231342
Premium: $ 129.00
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 TWENTY EIGHT THOUSAND SIX HUNDRED NINETEEN AND 00/100 Dollars
($ 28.619.00 ) lawful money of the United States, for the payment
of which will and truly to be made, we bind ourselves, our heirs, executors,
successors and assigns, jOintly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that,
WHEREAS, the Principal has entered into a contract dated __________________ __
with the Obligee
to do and perform the following work to-wit:
TRAFFIC SIGNAL MODIFICATION MARY AVENUE AND STEVENS CREEK BOULEVARD,
PROJECT 5006
NOW, THEREFORE, if the said Principal shall well and truly perform the work
contracted to be performed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety this 29th day of Augnst' 19....!lB-.
(To be signed by Principal
and Surety and acknowledgment.)
. ::Federal
Surety
The above bond is acce~ted and approved this ----1""1
VICE PRESIDENT
MANAGER, HIGHWAY DIVISION
Insurance Company
Joan DeLuca
_____________ , 19
jrnd
. . ' .
Bond No. 81231342
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
ROSENDIN ELECTRIC, 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
Federal Insurance Company
as Surety, firmly bind ourselves. our executors. administrators. successors
and assigns. jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies. or corporations furnishing materials,
provisions, provender or other supplies used in. upon. for or 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 ______ --' _______________ _
TWENTY EIGHT THOUSAND SIX HUNDRED NINETEEN AND 00/100 DOLLARS
___________________ ($ 28.619.00 ) .
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.
•
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STATE OF CALIFORNIA
SANTA CLARA SS. COUNTY OF ..... " ... , .. '" ... , .. ,. ,.
On this ...... ~?"l: .. , ..... da~ of.., AU~V~.-r .. , ..... , ......... " .. , in the year
.... , " ... , ... ,' ,., ... ,., .. 1,~.,8 ... ,,""" """'" , ... , .... , ... ,,' ,before me,
. ....... " ,R1:rA,. F,l;l,lY!l?!l; ............... , a Notary Public, State of California,
duly licensed and sworn, personally appeared ................ , . , . , ............ .
, .. , .. , .... , , •.•..• ~Oj.Wilt;l .. 11 .•.. Ql;{Ql)I)'; •••••.•••. , ••••• ,. , , , .•.•...•• , , , , •••. ,
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as ' , 'y~,G!l .. 1'.!l.".11 LQJ;:.lj1.
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.,., .. , ,Il(l.,W .... , ... , ..... , County of, ... , ,;;.'~\'l.l~., , ... ,
ThI3~ISO/IIyageoeralhmn ... tlidUMyboptapel/olUSll!iA~ ••••••••• Yk~R~ ... , .. , .. , ....... , on~th date~set ti rth above in this certificate, ~ IiI\d ill ~Wll!f lttI2. (J( Is int!:mOOd to ad, 8\. l'I\1b1tit!.;1o for 1M ~ ." / / . «Moe:ot.tn~. Tl'leptU'lfefdoesflOfmak1t""'WIm'v>fYtilhel~"O!~a'tG!he .q..< ...! ~~,
II1Qaly··Ottolllll'l7pmv's"'l'I()tuv.$UI1!Ibiti!yot!tti$l:tkwm$lr!arrt~ln1t\&.!Ii:OOrt, • Notary Public, State of California
Cowdery's Form No. 28 -Acknowledgement to Notary Public --L/" CJ Corporation (C. C. Sees. 1190·1190.1) (R.v.l/83) My commission expires ~O -~z.,-":.:z",==,,,/ ____ _
I •
'.
State of California
County of Marin
{I) OFFI¢IAI..SEAL
JOCELYN V. QUIRT
.. • NOTARY PUBLIC-CALIFORNIA
Principal om"" In MARIN Counly • My Commlsslo. Expires May 17. 1951
On August 29, 1988 . before me, the undersigned.
a Notary Public of said County and state. personally appeared
Joan DeLuca -------,
known to me (or proved to me 011 the basis of satisfactory evidence) to
be the Attorney-inFact of
Federal Insurance Company
the Corporation that executed the within instrument, and known to
me to be the person who executed the said instrumenl on behalf of the
Corporation therein named, and acknowledged to me such
Corporation executed the same.
\ ~==============================================~
,
i
• .,
•
<,
" I
• ".
"
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.
IN WITNESS WHEREOF, this ir.strument has been duly executed by the
Principal and Surety this 29th day of August , 19 81l •
(To be signed by Principal
and Surety. Notary
acknowledgments required.)
Rosendin Electric, Inc.
~ VICE PRESIDENT
. Federal I~~~~RJloln%~~Y DIVISION
Surety
Joan-DaLuca
The above bond is accepted and approved this ______ ~day of
________________ , 19 __
6/17/85
jmd
.. POWER OF A TTORNt;V
Know aU Men by-these Presenl!l. That .1ho FEDERAl'INSURANCE COMPANY. 15 MouJitaio View Road, Warren, New Jersey. a New jersey Corpora-
tion. has 'oonstitu~ed and appointed" an9'does tl,eroby constitute· and 'appoint john R. lioltemann, Goran G. E .. Ryn, Joan
DeLuca and LawrenceJ. COYlle' .of Navatd. Californ·ia----M--M~-_-------M---~--------____________ ----
each :its,true and Ir,aWf,ui ,AUotneY':in~Fact tOLO><eGute under',such desigmitlol1 'in 'Its name andAo affix its corporate, ~eal t~H~nd deliver ,for 'and on, its,:behaU as
surety ,th~reon:ror ot.herwise; ponds of al"!Y,of: the foll~wjng 'cla~eS. to-wit:
1, Bonds and,Underta~ings filed in_,·any ~I,ljt, maUaror proceeding in any:CQurt"or"filed'wifti any,Sherlff or Magjs1rat~~ fqr the,doing orlnot doing 0' anything
specified in ,suc,h Bond or lJi')dli!r1aking. --.
2. Surety bonds to the United Slat~s 9fAfIlerica or any agency-thereofi including thOse required or pe'rmiUed under the Iaws"or, regulationi.He!a,ting,to GustQ:ms
or,lnlema.'Revenue; License a(l(f Permit Bonds o,r, other 'indemnity bonds under the ,raws, ordinances,or re:gulalions,of.any Stale, ,CUY"Town. Vilrage,
Board or Q!her bqdy Of. organization. publlc'Qr p,riv~te: bonds to Transportation qompanies, Lost'll!strumen' bonds; Lease bonds, Workers' CPmpensa·
tion, bonds. MTscen~neous',Surety. bonds and bonds' on bahalt:01 Notaries PubUc, Sheriffs, Deputy Sheriffs a{1d sjmltar public' oUtcial~. .
3. ~onds on behalf, of conlractq:rs tn Q9flDeptjon wit!"t bid~, propQsals ~('contracts~
III Witness WhSfOof"lfic,sa1d FEDSR/lll~S\JnANCE COMPANY, !',as.:pLlrflU"nl tt;l ils,B'I:i,.aVoG.. caused thew~pr6senl~·to bc,srQrled by, ilS AsSlslant Vlcll'Pres';C!~mlll.nd As~;Sll\nl.'Sp.CtUfary and'l!s
'cbrporatn seal lQ-ba;hertfto,aftixGclithl$ tl st day'el J'a.U\Aa'ry 19 88
CO!potalit Seal
FEDE~. ' .. ,By '. ,: ',:
" ',' ',' ,
-' -
/GaPf9':l'r.1Cglelian,
STATE:'OF,NEW JERSEY
Counly. 01 Somerset }
Al'i$letant ,Vlcc-Preslde-nl
55,
On thlll: la:t ,day or January, . 19 ,88. beI0l6:':.e per~na!!y cama Rlc~ar~,O. O'COI:'nOr'ttl me ~nOW!'1'and by l!V;i,ltrio'lII1't.b: be:Ass1stanLSsl?'feti!ry of th'!!: FE<?E~AL IN-
SURANce COMPANY, t~e (:01porall(ln tm:crlbad in and'whlch executed lholorogol{lg f:lowQC,Qi AUomey. end .tho said FlI~hJ¥d O;.Q'C~flnor, being by ma (juI1~orn, dlQ,deposo er.d iIIay lhat-fmlS AssJsI!ln! Se~relruy
,oUbe FEDERAL INSUFlANCE,COMPANV',llrl!l-,kriomi ,Ihe oorptll'ale sa?", tnereol;, thai fh~'seal affilf.I';IIHo,the ',afE!9Q!ngIPoW!>f at' A!torney:ls,9U~h Cotpol1it6 sei'\i'and was'lherell.u-lrtxed:by aU!holft¥ of Ihe By·laws.
tol said Company, enathal he,Signed sali; PO't.'Elr,ofAttQmoY as Asslsfant SeQrell!!Y of srutj 9ompSW(lly,lIko <luUie-tny; and Ihal he js _acquainted wllh George MIlCleUart,and !\nows}\lh:110 be lOO.'~S$i51a"l.\ Vice-Presl$m ol~!d Company, 'ar;~, 'tlfit \ne $i91i?lu;e,oLsfl!d'Geo;g:e'~cCl$lIal'J'$uh5~ribed to said powe. Qr AU,orney is :11 !n(l,genlllnE! handW!lt!l1g,ol "aKi,Gao~Il'MeCJelieh ai1d:was',ltleretCi iilvbscr'bed by.au!horily of sail:!
B:fl.a .... ~ !lf1d,in deponen:'!hP~ll.nte, -
~TArE O~'New JE'ASEV
County, of, S.om~r$el
CHRTIFICATIOW ALICE tEONARD
'NRTARYPUDUC 'OF .NEW 'JERSEY
1\1)' ~ommissiQn t.xjlires' July 12, -1993,
L tho:ul'lders;gMd. ~lanrSecrelary of 1M FEDERAl; INSURANCE 9PM~AUY.,dO hOfsby cert;/ylhaHhe fellowing is a true excerpt troll'!,thO By-laws of I~e saiffCmno:tany as adople9 by its Boar<! ot !;)irEICtOfS
on March 1,1, JgSa and mosllocently amended MaH:h 5, f9a6'and that lhis,By,Law is. h'l,{tJ1lloree,'and elfW;l,
"ARTICLE XVIII.
\ SacUol1 2. AlI06ndS;,kli'li:lel1aki!'lgs, e9.nl(lOC;s'Lll)d'(}th-eril'l$lrum$nl~ olher.lh,el'l as ab~,!Ol' iiid 01\ oohall of the C~mpany whlchii'; lS·authorlZed'by law 0,' iirrctmifer to ~Cll!e, may,ei'id shiiJl'bii iJieclJl0d
htl}e·tlame enQ 01'1 ~ehaH,qf'lh~. COlJ1pany,~1thOf by :np Chalf!'n~1'I, Of Ih<\l Vk:e.Cha!ff'/tan'or.lhe, pr9:.1d9nl·0f a Vlce.pruf!idenl,.lo\nlly,wilh ~he'Se:cr<1tarv 01",1\1\ ASS1S!MI Secralruy, l.meler thll.lr'rOSP9cflVB
dGSign8fions"exCf;ll!t ti1?I'any'on,G;or,more olJlcars:Of altomcyS-lfl·~acl designated In'any ,.,OO[ulion ollhtl Boari:l'cLOlreelors,or Itia,:ExGcut:ve Commille.e~Qr:tn,al'Jy,.pQwar.91 a!lOrney,_eXO(:UI(~('hilS provided
:!or in Seelion 3'bs!bw. may"cucIll6'l'iIny,&u.::1i bond, undsrtak";ns,6r other, obligation,M ~roYidiid'lh'5ucl1 rpSol'utloi'H,:<r pow!!')r of'~tfQ'Tl9Y.
~ltclt(\n 3, All pO'h-ru-,scf aliofilayfor'al'l(JOt'l bOI"!a.'f<JftheCo.fl1pany may lind 8nal! be exeCl!ieti in ~he n~hJelllidOrrbeM!f dIme Com,paKy, elltWbylM Chairman o::'illo VlCe-Chatrm'sn or the Pres!.dr:'1-Ji1!'lf,aNiCi!"
E:r6sloool aLan Ass;~~t V~Presldent, jOin!!y ,iIl\tl theset:re!ary or an Msistan! Sootetary. ul'tder,lha:( rospci;1!vs. deS'lQl'Ialions. The aigoruUlo Of Sll$ ol1:ciela maY,be e:ngrave,d, pr;t'!leq or lilhog(apiled. The sigJlahrro
of each 011110 10I1owiilg officers: Ctulirmao,-Vieo Chail!iti1rt, ~resident, al'lyNlcn p/US!/iIl·n1. il.f)Y: Assislanl ViC{) Proskfsnl "any ,Secr~blry. any AAsmlant ~(eliIfY ,ano;l,l~ SIlal pt Iha ~Compal'l)' may be affi;(OO by la.cliimh;)
'to anY,power of atlp{nsy Of j.O.arlY gert:i!cate lelatlng lliEIr919c l1Pf1O'iIlirig-Ass1s1anl S:a(:iotafl~ <;)!' A.uom!!V5'in-F act tor pUI'J)~§ o,nly Qf execullng'&nd attesting !'OM? an~ !laderteldngs end olhsrwnllngs ob.ligarory
in the nature (horeel, und any suc:b PO'Nl)fOf'(lltctrooyor,CetUt<eale hoMing S(Jch racsimh" slgnalutS or fij;csimile .sea! shal! 00 vSJidMdblndlng upon mo Company af!d any sllcn powat SO tlX9~lll!lAm:.rll(!rUlled QY
ljlJch facsimile &i!,l:nallifO and lacshriill1scal shall tie vallil'itnd billdingbpon tho Company wfih WS{Jl1Ct to any Mod or undQJtaklrtg 10 willen it Ii auschad."
nWlhllf t:Cr1i1Y.lhat said f:ED~L INSURANCH COMPAtlYJs !july !ice/'lOOd 10 transact fkloiity. ~n# Sll(aly business 'In each of ~ Stales of the Unllad Slates o! Amarlea, DIslrlel ol,Celomble, Pueltri Aleo, and each ,Of,lhe
'ProvlltCes 01 Camula with,1ho excGplion of PrInce EdWert! Isjand; and In (11,SO dl.!ly licensed tCoocoioo sOlo SUttlly on bonos, lJnderleklngs[ etc,;pormltWd Or te.qulred by law.-,
1;'II1e underslgMd<AsSiSI3;t1 S&!:falary o! FJ!OERAlINSURANCE COMPANY, do hctOby certl!y Ihat Iha rOffigolng P6wer,Qf At!9rney I!" in tull {oml,! and ellee!.
Gi ... on1,JndofmyhaadandlheSeo.!'OlSaldCofl\pany,alwar(en.N.J,;lh·~. ______ -'2~9 ... t~h~· _______ ,oayc*L=7r __ ~l!li:ua!;:..._~-_,19 88 . ~... .
CHI B GROUP of Insuranc ~ompanies
15 MounlZlin V;cw Road, P.o. Box 1615. Wmren, NJ nl0Gl~1615
FEDERAL INSURANCE COMPANY
BID BOND
Bond No. BBSU Amount $ 10% of Amt. Bi d
Know All Men By These Presents,
That we, ROSENDIN ELECTRIC, INC.
(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
(hereinafter called the Obligee),
in the sum 01 TEN PERCENT OF THE AMOUNT BID ---------------------------------Dollars
($ 10% of Amt. B; d), 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
A. D. nineteen hundred and 88
28th day of July,"
WHEREAS. the Principal has submilled a.bid. dated August 9, . 1988
for MARY AVENUE AND STEVENS CREEK BLVD. TRAFFIC SIGNAL MODIFICATION, PROJECT #5006
NOW, THEREFORE. if the Obligee shall accept the bid of the Principal and the PrinCipal shall enter into a con-'
tract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithlul
performance of such contract. or in the eve!)t 01 the failure of the Principal to enter into such contract and give
such bond, il the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the
amount specified in said t)d and the amount for which the Obligee may legally contract with another party to per-
form the work covered by said bid. if the laller amount be in excess of the former, then this obligation shall be
null and void. otherwise to remain in full force and effect.
. ; .. '.;' ..
ROSENDIN ELECTRIC, INC. /-C·
Principel'-~~ c' ~,:-:., JORDAN B. CROW~
: -; -" VICE PRESIDENT
B ~~~ER; HI~HvtA'( ~IVISION
." . <::-.~-:~ , ",
FEDERAL INSURANCE COMPANY
~~ 'r
By: \...:/~~;;,,<k
. THERESA FERMANICH, Attorney-in-Fact· " .,'
PRINTED IJ~A.
I
.,
POWER OF ATTORNEY
1I_.n Men,.., __ •• ThollhO fEDEllAl.INSUIIIoNCE COMPANY. 1& Moun""" lIiIW RoIod. w ...... '_ JorMy •• _ "" .... y Corpora·
-............ ,......, .",IIPpo",,"',·nd -herlby ~~·1fId """",.1 Jues ,C.', Locker. ~vr~Dce J. Coyne. Theresa.
t·..,rm,r~1I i "II :U1rl Ikll'lald ... Krues"r of San Francisco. California-----.------------------..
..................... RDEMLM'· ... ClMiWfY ............ .,..... .................... ey ........ vv ... ___ '.., ..... .........,.a
-_ .... _,_... 1st ...... January 'I' 65
=--};;kLt.tL
_WWl ........ '_ .....
.,.... L"t. ... <11 January II 65 ._ .. ___ 0.0_ •• _ ....... _" .. _ ............ _ ...
~COIII' ......... CQIIpaI' ...... ~I'I_~~ ............ _~._ ...... f:kNIdD.O'CDwlart.ll"'_..,.,WW!1.tlCtdIpDIIlftd..,.IMI ........... """"'"
............ _'"''C'CIOIIPMYIftd.,.,.. .. ~ ... ~ ... IlII: ..... tftadl:) .. ~ .... ~....,.IUdI~'''' __ ,..IIfCI.IId'''IIioJtfICIIIIfCIII .. ,.,.U ....
,.,MId~.IIWINI ........ ...,PllMlral....., ...... IIIIt.....,._..,~f"' .. ....,.,_ ...... ....,lIID'Io.r,.~ ....... fW'I'IlD,.._~~n1
,1" .... eo...-, ......... ..,....... ..... GIorfIo ~~ .. ..,,..,d~.II\ .. ....-~cI...,O'U"~ nf_ ....... ~"'...,..r til.....,
....................... ~ _....' "', I
., .. 1'1:_ ........
'County III SametMl } ...
t. ....... ...,........-.~ ... n&II.ML_'.'ea......" .• .."...., ..... ~ ............. .,.......d ..... ~.~or .. IiooIItO."~,,
_~ n. tel __ ....,.....,..,,~tJ. ,.,..,INII ... .,................... '
, "
~, .. tcnot..~. ______ ...-CIIIIr .......... ..,mtllllllltJI .. ~......., •• ~ 0, ..... 1HIIIIt IDI:IWCrM _;
.wJ .............. IfII: ....... _OI\WIII" .. ~...,c, .. ~O' .. ~CII' .. "'"*"OI.yDPlI r'n",.,..".e .... """" .... ~1
~ ..... ..., ....... _a_, .......... _ ....... IiJItII:.l .......... ·~IItI~ift""~ClII_..."ot~ ..... ~~ • • ~""pr-.. ot......., ........ ~bI'llSlc;;at* ..... ..., __ "" .... IIOnI,~ .... ~.Pl'tMIIId", __ ~ ... """ GIl..",..,
...... 'ilUl)IOIIIIII'Ioot~ ....... Cft .... CJI .. ~..,_ ........... ft ...... ~CI .. ~ ..... ." .. ~., .. ~ ..... ~
.... Vao"......IJ)I • .....,.,.v., "1liI .. JCIInIII! ..... s.:r-,CJ'III ........ ........,. ......... ""**" , iIDCIIl&. , .. ~ot ......... ,..,,."9 ..... pn\IIIlII01
• ;Oed",
I ...... CMfr ... ...,fICIPII. .. ' •• NCI~._ ...... ID ....... ..,INt....., ........ lIli1C11d ..... fII .. UnIIIrd ... c:f.,...,DeCtfll~ P ..... III.G.INtMCflCJII· .. . " ~ .. c-.,. .. ......,cr" .. I .. O~,_ ... _~ ...... _.....,anClONll......,....._".lJII!rIIIIIIIIItW....,::t., ....
• : ... iidscS;;o;od ........ .......,d~_ ... fIII:I~ANY.fD,.....,.,..,. ............ ,~ .. ~ .• ift ... fInI ...... , __ ..................... """""'.W_N4 ..... ____ ...;2::.8=t"h_-----'~'., ...... -~~~u..-____ 't 88
d). i.£i.t!itr