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89-131 McReynolds Paving Inc, Slurry Seal Project 89-106 1 Cit,4 of Cupertiro 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 DEPARTMENT OF THE CITY CLERK July 13, 1989 McReynolds Paving, Inc. P. 0. Box 921 Campbell, CA 95009 STREET K.INTE[ WCE - SLURRY SEAL PRW= 89-106 We are enclosing to you one (1) copy of the Contract for Public Works between the City of Cupertino and McReynolds Paving Inc., Which has been fully executed by City Officials. Award of your contract was approved at the regular City Council meeting of June 5, 1989. We are also enclosing your bid bond. Sinngce�rely, ae-101 10, DORO'M CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works P A: ti CONTRACT FOR PUBLIC WORKS CONTRACT made on .Tune 5, 1989 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and 91CREYNOLDS PAVING INC. ,hereinafter called the CONTRACTOR. • IT IS HEREBY AGREED by the parties as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents : A. Plans and Specifications f o r STREET MAINTENANCE-SLURRY SEAL PROJECT 89-106 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 Slurry Sealing on Various City Stzeets. as for, in the manner designated in , and in strict conformityewith, thedPlans and Specifications prepared by: Mr. Bert J. Viskovich, Director of Public Works and adopted by the ' City, which Plans and Specifications are entitled, respectively., STREET MAINTENANCE - SLURRY SEAL PROJECT 89-106 Page 1 and which Plans and Specifications are identified by the signatures of 'the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation,_ and material shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby designates as its representative for the purpose of this Contract: Mr. Bert J . Viskovich, Director of Public Works . 3 . CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of: ONE HUNDRED FIFTEEN THOUSAND NINE HUNDRED AND N01100 DOLLARS ($115,900.00) subject to additions and deductions as provided in the Contract Documents, per Exhibit "A" attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the 'work done, or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. S. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all. necessary permits and licenses, easements, etc. , for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety, . 6 . INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to the City of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by the City, be uncovered for examination at the Contractor' s expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, Page 2 A y. 0 deviations, additions or omissions from the Specifications or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted from, the amount of the contract price, as the case may be, by a fair and reasonable valuation, which valuation shall be determined either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration association if the parties are unable to agree. No extra work shall be performed or change be made except by a written order from the City, duly authorized by resolution of its governing body, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the contract sum shall be valid unless so ordered. B . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements- or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent oftheparties. The compensation payable, if any, for such termination, amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with , the agreement of the parties, or -in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: 30 WORKING DAYS If the Contractor shall be delayed in the work by the acts or- neglect of the City, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor' s control, or by delay authorized by the City, or by any cause which the City shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. Page 3 11, INSPECTION AND TESTING -OF- MATERIALS. The Contractor shall notify the-City a sufficient time in advance of the manufacture or production of materials to be supplied by him under this Contract, in order that the City may arrange for mill or factory inspection and testing of -the-same, if the City requests such notice from the Contractor. 12. TERMINATION FOR BREACH, ETC. if the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should violate any of the provisions of the Contract, the City may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the Contract, and unless within ten days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen days after the serving upon it of notice of termination does not give the City written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty days from the date of the serving of such notice, the City may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the City for any excess cost occasioned by the City thereby, and in such event the City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final , completion and acceptance of all- work covered by the Contract, the City may withhold from payment to the Contractor such an amount or amounts as in its judgment may be necessary to pay just claims against the Contractor or any subcontractors for labor and services rendered and materials furnished in and about the .work. The City may apply such withheld amount or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed .the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by the City to ensure performance of the Contract, Contractor will be entitled to substitute securities -as provided in Section 4590 of the California Government Code as more fully described in the City' s- Notice to Contractors. Page 4 . 14 . NOTICE AND SERVICE THEREOF. Any notice ! m one party to the other under this Contract shall be in writs: ind shall be ' dated and signed either by the party giving sL. _otice, or by a duly authorized representative of such part shall not be effective for any'whatsoever'•���Y such notice d in the following mannekt (a) if pthe®snoticeisgivenstostheeCity _either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative 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 ats P.O. BOX 921 CAMPBELL, CA 95009 postage prepaid and certified; and (c) if the notice is given to the surety or any other person', either by personal delivery to such surety or other person, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last communicated by him to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor an rt thereof, nor moneys due or to become due thereunder, may ybe assigned by the Contractor without the prior written approval of the City. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless the City agrees in writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. 17. CONTRACT SECURITY. The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Contract. The Contractor shall also furnish a separate surety bond in an amount at_ least equal to one hundred percent (100%) of the* contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with . this Contract, and for the payment of a reasonable attorney' s fee- to be fixed by the court in case suit is brought upon the bond. Page 5 18 . INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all insurance required by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract, until all similar insurance required of the subcontractor has been so 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 Contractor under this Contract shall also contain an endorsement providing that thirty ( 30) days' notice must be given in writing to the City of any pending change in the limits of liability or of any cancellation or modification of the policy. (a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. The Contractor shall take :ut and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of his employees employed at the site of the project and,in case any work 13 sublet, the Contractor shall require the subcontractor similarly to provide worker's Compensation Insurance and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following certification, required by Section 1861 of the Labor Codes "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the _work of this contract."' (b) LIABILITY INSURANCE. The Contractor shall take out and maintain during the life of this Contract such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for property, damage, including third-party property damage, to include coverage on property in the care, custody and control of the Contractor, and also excluding what are commonly known as the "X, C, and U" exclusions (having to do ' with blasting, collapse, and underground property damage) , which may arise from Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as followst Bodily Injury Liability Insurance in an amount not less than $500,000.00 for injuries, including accidental death, to any, one person, and subject to the same limit for each person, in an amount not less than 1,000,000.00 on account of one accident, and Page 6 Property Damage Liability Insurance in an amount• $250 ,000 .00 . The City and its officers and employees, shallthbe named as additional insureds on any such polici which shall also contain a provision that the Inees insurance, s of afforded insurance to the full ofi thereby to the City, its officers and employees, shall be limits of liability of the Primary if the City, or its officers and em to ees Policy and that against a loss covered by such P y , have other -insurance be excess insurance only. P°licy, such other insurance shall 19 . HOLD HARMLESS . The Contractor will save, kee harmless - the City and all officers, employees, and • agententhereof from all damages, costs, or expenses, in law or in at any arise or be set up because of personal injury� orhdamamay ge to property sustained by any person or persons by reason of, or in the course of the performance of said work infringement or alleged infringement of the at reason of any person or persons, firm or corporation in consequencePatent rights of any in, on, or about said work, of any article orraaterialosu the use installed under this Contract. Notwithstanding the above, tor he 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 Ci express benefit of the general public. ty and are for the 20 . HOURS OF WORK. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week shall constitute the maximum hours of service upon all hereunder, and it is expressly stipulated work done that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Con tract, shall be- required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1915 of the Labor Code of the State of California, 'work performed by employees of contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon co worked in excess of eight hours mpensation- for all hours ane-half times the basic rate of aper day at not less than one and . It is further 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 ($25 .00 ) for- each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which said laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar *da in any one calendar week in violation of the provisibnsorof hourssaidSections of the Labor Code. Page 7 The Contractor, and each subcontractor, shall keep an accurate rrecord showing the names of and actual hours worked each calendar ymechanies and each calendar week by all laborers, workmen, and played by him in connection with the work contemplated by this Contract, which record . shall be open at all reasonable hours Inspection of the City of to the its officers or agents and to the Division of Labor Law Enforcement of the Department of Industrial Relations of the State of California. 21 . WAGE RATES. Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is to be performed, for each craft, classification, or type of laborer, workman, or mechanic needed to execute this Contract. The prevailing wages so determined are set forth in the Specifications and made a part hereof . Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the City. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by. him or her connection with the public work. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basiss (1) A certified copy of an employee's payroll record shall be _ made available for inspection or furnished to such employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnisbed upon •request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through eitherthe body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor. (c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity- that - requested such records within ten (10 ) days after receipt of a written request. Dans o a (d) Any copy of records- made available for inspection as copies and furnished upon request to the public or any public agency by the awarding bids, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such ' a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a) , including the street address, city and county and shall, within five working days, provide 'a notice of a change of location and address-. (f) In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10 ) days in which to comply subsequent to receipt of written notice specifying' in what respects such Contractor must comply with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, • as a penalty to the state of political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00) for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards. or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. (g) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility for compliance with this section on the prime contractor. Yh) The director shall adopt rules consistent with the California Public Records Act, (Ch: 3 .5 (commencing with Section 6250) of Div. 7, Title 1. Gov. Ch. ) and the Information Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. ) governing the release of such records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Added by Stats. 1978, Ch. 1249) . 1775 .5 Nothing in this chapter shall prevent the employment of properly registered apprentices upon public work. Every such apprentice shall -be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employedt and shall be employed only at the work of the craft or trade to which he is registered. Page 9 Only apprentices, as defined in Section 3077, w�- under apprenticeship standards and written a in training pF under Chapter- 4 (commencing with Section 3070) , Div isiona3, ofreements Labor Code, 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 to whom the contract is awarded by the state or any political subdivision, or any subcontractor under him, in performing any of the work under the contract or subcontract, employs workmen in any. apprenticeable craft or trade, the Contractor and subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site or the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprenticeships in the area or industry affected] provided, however, that the approval as established b the apprenticeship committee or committees shall be subject tojothe approval of the Administrator of Apprenticeship The joint apprenticeship or committees, subsequent to approving the subject contractor or subcontractor, shall arrange for the dispatch of apprentices to the Contractor or subcontractor in order to comply with this section. There shall be an affirmative duty upon the Joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the site of the public work to ensure equal employment anarea of the d affirmative action in apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of apprentices tojourne l be employed in the craft or trade on the public work maynbewhtheharatio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates but in no came shall the ratio 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 has been previously approved in such craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen* stipulated in the apprenticeship standards. Upon proper showing by the Contractor that he employs apprentices in such craft or trade in the state on all of this contract on an annual average of not less than one apprentice to each fiveourne • Apprenticeship Standards ma j 1Pmen, the Division of exemting the Contractor for the 1-to-5 ratio asanset forthcertiate incthis section. This section shall not apply to contracts of general contractors involving less than thirty thousand ($30,000 .00) or twenty ( 20) , workincj days or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than two thousand dollars ($2,000 .00) or fewer than five ( 5) working days . Page 10 "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable oecupation in accordance with rules and regulations rescribed Apprenticeship Council. The Joint a p by the have the discretion !to j apprenticeship committee shall to the approval of the grant sa ce rtifiicof Aate, which shall be subject contractor from the 1-to-5 ratio set forth ppinntthis hsection whenitfinds that any one of the following conditions are met! (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or (b) In the event the number of apprentices in training in area exgeeds a ratio of 1-to-5, or such is (creplacingeatis a leastshone-thirtiethat s ofpritticeable craft or trade through apprenticeship training, s journeymen annually or (2) on a local basis .. either (1) on a statewide basis, (d) If assignment of an apprentice to any work Public works contract would create a condition which Jeopardizejeopardize his life or the life, saf et employees of the public -at large if the specifie or ptaskrto Whichof theapprentice when such exemptions are granted to an organization which' represents contractors in a specific trade from the 1 to 5 ratio on r local or statewide basis the member contractors will not be required to submit individual applications for approval will local Joint apprenticeship committees, provided the are already covered by the local apprenticeship standards. y Pi contractor to whom the contract subcontractor under him, who, in is awarded, or an the - contract, employs Journeyman. any of the work, under apprenticeable j ymen or apprentices in any craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship in any- such craft or trade in the area of the site of the public work, to wbich fund or funds other contractors in the area pofgthe site of the public work are contributing, e fund or funds in each craft or trade in wchhhelemploysbute to the or apprentices on the public work in the same amount oruponsame basis and in the same manner as the other contractors do, but where the trust fund administrators - are unable funds, contractors not signatory to thto accept such e trust agreement shall pay a like amount to the California A contractor or subcontractor mayreaddCethsp amountofsuThe ch contributions in computing his bid for the contract. The Division Of Labot' Standards Enforcement is authorized to enforce the payment of edeh".dcntributions to the fund or funds as set 2,21forth in Section . Page 11 The body awarding the contract shall cause to be -inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of compliance with this section for .all apprenticeable occupations w contractor. ith the prime All decisions of . the joint apprenticeship committee under this section are subject to the provisions of Section 3091. (Amended by Stats. 1976, Ch. 1179) 1777.6 It shall be unlawful for an employer of a labor union to refuse to accept otherwise qualifiedemployees as' registered apprentices on any public works, on the ground of " the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by Stat. 1976, Ch. 1179) 1777.7 (a) In the event a contractorwillfully fails to comply with the provisions of Section 1777.5, such contractor shall: (1) Be denied the right to bid on any public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeships and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50 .00) for each calendar day of noncompliance. Nothciithstanding the provisions . of Section 17279 upon receipt of such a determination the awarding body shall withhold from contract progress payments then due or to become due such sum. (b) Any ' such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. (c) Any , funds withheld by the awarding body pursuant to this §ection shall be deposited in the general fund if the awarding body is a state entity, or in' the equivalent fund of an awarding body if such Awatding body is an entity other than the state. The interppretation and enforcement of Sections 1777.5 and 1777.7 shall be ' in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats. 197®, the 1249) It shall be mandatory upon the Contractor, and upon any subcontractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the execution of the Contract. It is further expressly stipulated that the. Contractor shall, as a penalty to the City, forfeit twenty-five dollats ($25.00) for each calendar day, or portion thereof, for ddch laboteri workman, or mechanic paid less than the stipulated prbt�lliiin� rates for any work done under this Contract by him or by -'• any 'adbrontractor Under work done under this Contract by him or by d17y 9dbcontractor under himt and Contractor agrees to comply with All provisions of Section .1775 of the Labor Code. Page 12 In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any person in a trade or . occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate 'is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times -for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall beguarded. 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 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) daje 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 (101) of said contract price so held back as provided; said certificates to be furnished by and obtained from the City's representative shall, before the last Tuesday of each . month, deliver said certificates under hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of completion. In event of the failure of the 'City's representative to furnish and deliver said certificates or any of them or in lieu Page 13 ' thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten (10) days thereafter, the same shall become due and payable. In case the City' s representative delivers the writing aforesaid, in lieu of the certificates, then a compliance by the Contractor with the requirements of said writing shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time Of such payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. 24 . PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, located on the site of construction, but only if such publici utilities are not identified by the City n 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 facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and Junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while p4rforming the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in. writing. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, ' obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or .state of-'emergency having occurred in a populated area. Subject to the foregoing, the City shall not, . in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any Part- thereof, or in, on, or about the same during its construction nd before ' acceptance. 26. CONTRACTOR'S GUARANTEE. The Contractc _nqualifiedly 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 Plana and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the -date of acceptance of completion of this Contract by the City, the Contractor, will forthwith remedy such defects without cost to the City. 27. LIQUIDATED DAMAGES. Time shall be of the essence of this Contract. If the Contractor fails to complete, within the time, fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated damages in the sum of ONE HUNDRED FIFTY DOLLARS ($150.00) FOR EACH CALENDER DAY for each and every working day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage: and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any exdess. -25. . ADDITIONAL PROVISIONS. None Page 15 STATE OF CALIFORML4 On this 9th day of June in the year COUNTY OF SaT,ta Clara 89 before me Susan :Marie Exline , a Notary Public, State of California. duly commissioned and sworn,personally appeared Wil-1 i am L_ McReynolds. 'r ®asa®aeaa*s� eaeeeeassaa�s®aoaaaaQ�aaaaaeeaeaaQ Personally known to me(or proved to me on the basis of satisfactory evidence) 1 a 8.168 to be the PrPci dprif: �'"" �� MARIE ��LE�!!�® of the corporation NOTARYPUBLIC-CALIFORNIAN that executed the within instrument, and also known to me to be the PRINCIPAL OFFICE IN I person who executed the within instrument on behalf of the corpora-SANTA CLARA COUNTY My Commission Expires June 26, 1990 tion therein named, and acknowledged to me that such corporation executed ®arecaaoaeraa�®®aeaeeaooaaasesaoaeeoeaueaa� the same IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the County of Th*daaanemi3ontya9-WWW,mwhChSanta Clara mato apop!.nforaseifforVw the date t forth a this certificate. IrattaaCkena aM in rq way ads.a is kaerkbd IO ad,as a eutr,UNU for aN � adv=d an momey.The pubkow does rat make any wrrMy eo_esprma m wrmimd u to / C Mo$@O vas d any n or dr Ay d dk>,ma me" a ironaacdot� fi N Pub ic;State of California Cowdery's Form No.2S—Acknowledgement tmY to Notary public—Corporation(C.C.Sera. 1190-1190.1) My'commission expires jump 6, 1990 o P.O. No. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO Approved as to form Mayor: C )ty or y• City Clerks �� � �a L Date/City Clerks 1,7_11—J17_ CONTRACTOR: McReynolds Paving, Inc. By Notary acknowledgment required. William L. cReynolds, President If a corporation Corporate and corporate notary seal ° acknowledgment required. Project. Name and Numbers STREET MAINTENVACE-SLURRY SEAL PROTECT 89-106 Contractors Names McREYNOLDS PAVING INC. Address:: P.O_ Box 921, Campbell, CA 95009 Contract Amounts ONE HUNbRED FIFTEEN THOUSAND NINE HUNDRED DOLLARS AND N0/100 ($115,900.00) COntradt• Account Numbers' •110-993-714 Page 16 1989 CAPITAL IMPROVEMENT PAYMENT SCHEDULE QUANTITIES CUT-OFF DATE CHECK RELEASE DATE FRIDAY 5:00 PM FRIDAY JANUARY 13 JANUARY 27 FEBRUARY 10 FEBRUARY 24 MARCH 10 MARCH 24 APRIL 7 APRIL 21 MAY 5 MAY 19 JUNE 2 JUNE 16 JUNE 30 JULY 14 JULY 28 AUGUST 11 AUGUST 25 SEPTEMBER 8 SEPTEMBER 22 OCTOBER 6 OCTOBER 20 NOVEMBER 3 NOVEMBER 17 DECEMBER 1 DECEMBER 15 DECEMBER 29 BID PROPOSAL STREET MAINTEMANCE - SLURRY SEAL PRWECT 89-106 TO: THE DIRECTCR OF PUBLSC WOM, CITY OF CUPERM40, STATE OF CALIFCRVIA Dear Sir: In compliance with the Plans and Specifications furnished for the work of the Slurry Seal Project in the City of Cupertino Project 89-106 I, the undersigned, hereby declare that I have read the prgmsal requirements, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to complete the work in accordance with the Plans and Specifications 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, and transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for comparison of bids. The City of Cupertino does not 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 items or portions of work deemed unnecessary 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, to reject any or all bids or to waive any irregularities in the procedures. The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to complete the Slurry Seal Project, Project 88-106 as described in the Special Provisions. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. I, the undersigned, shall diligently prosecute the work to completion before the expiration of 30 working 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 calendar day's delay beyond the times established in this proposal for each and every portion of the completion process described in the time for completion portion of this Pel 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 Item No.14. If I fail to perform this portion of the job on the same day as paving I shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars ($150.00) per day for that day plus the sum of One Hundred Fifty Dollars ($150.00) for each and every calendar, day the temporary striping remains uncompleted. PROPOSAL PAGE 1 OF 7 .BID PROPOSAL CONTINUED: 2. I shall be responsible for installing permanent traffic striping, raised pavement markers, and pavement legends, Bid Items 3 thru 13 five (5) days following the paving of each site. Should I fail to perform this portion of the job on the fifth day, I shall pay the City of Cupertino the sum bf one Hundred Fifty Dollars ($150.00) per day for that day plus the sun of One Humored Fifty Dollars ($150.00) for each and every calendar day the permanent traffic striping, raised pavement markers, and pavement legends, remains uncompleted. 3. Completion of entire project 30 working days from Notice to Proceed. ESTIMATED QUANTITIES The bid prices for this project shall be as outlined below Bid Est.Qty. Items Unit Item Unit Price Total. � 1. 2,057,859 S.F. Type II Slurry Seal $, o V-0 I IS.F. $ 2. 9,600 L.F. . Remove Traffic Striping $ . 'L° A.F. $� 1D,0 3. 95 EA. Install Painted Traffic op moo, Legends and Arrows $ q O 4. 4,300 L.F. Install Painted 4 inch white Traffic Striping $ . 3 4 /L.F. $ 17-10 ! 5. 2,960 L.F. Install Painted 12 inch I Traffic Striping $ 1 /L.F. 6. 1,850 L.F. Install Painted Striping cv State Detail 21 $ - 40 /L.F. $ ti 7. 1,180 L.F. Install Traffic Striping 40 City Detail 23C $ 0 /L.F. 8. 5,890 L.F. Install Traffic Striping City Detail 33C $ .q /L.F. $_ . 9. 900 L.F. Install Traffic Striping a ,v State Detail 3.8 $ /L.F. $ o 10. 520 L.F. Install Traffic Striping o0 State Detail 38A $ . 7 a� /L.F. $ 3 11. 14,100 L.F. Install Traffic Striping o0 State Detail 39 $ , `'("3 /L.F. $ b 12. 534 L.F. Install Traffic Striping Lo State Detail 39A $ /L.F. 13. 25 EA. Install Blue Pavement Markers $ o /EA. $ 5 0 o 14. L.S. Traffic Striping layout $ 7T _/L.S. $1.V0 a TOTAL BID $ S' 0 D PROPOSAL PAGE 2 OF 7 I, the undersigned agree that if this proposal is accepted, I will enter into•a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and tine specified. I, the undersigned declare that this bid is made without connection with any person, .firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached Whereto is the required certified check or bid bond in the amount of $ G r, It` ��-t-ti� as required by law and the Notice to Bidders. (10% of bid amount) PROPOSAL PAGE 3 OF 7 A. BID DOCUMENTS, Continued BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and .to his qualifications as a part of this proposal, and the truthfulness and accurancy of the informa- tion is hereby guaranteed. (1) How many years has your organization been in business under its present name? (2) How many years experience in work comparable with that required under the proposed contract has your organization had by this or any other name? (3) Contractor's License No. �� State of California, Classification C .1 -v (4) List work similar in character to that required in the proposed contract which your organization or personnel in your organization has completed within the past 3 years. Year Class, Location of Work and for Whom Performed Contract Amount PROPOSAL PAGE 4 OF 7 (408) J77-9570 McReynolds having Inc. P.G.. Box 921, Campbell, CA 95009-0921 Paving•Asphalt Sealing slurry seal , ";arch 30 , 1989, Plit'.(1er has been doing slurry seal for more than ten years . ^cent work includes : City of Tremont , Slurry Seal. Program - 1983 City of Pleasanton , Slurry Seal Program - 1982 , 1953 , 198.1 '.`. S . Armty, Tort Ord - Slurry Seal Programs , 1977 to 1984 ?: . F . '-;aval. Post Graduate School - ' Slurry Seal Programs 1977 to 19S4 City of Fan Leandro , Flurry Seal Program - 1984 City of San .Tose , Slurry Seal Program Phase II - 1984 C'i_ty of San `latco , Slurry Seal Pro-Tani - 1984 i.ty of San ,Tose , Slurry Seal Program, Phase I ; II , 1955 C'ityof Salinas , Slurry Seal Program, 1986 City of `..farina , Slurry Seal Program, 1986 f, 1983 Cir_v of Union City, Slurry Seal Program - 1986 `.;avnl Air Station , Sealing Pror*ram , Lemoore, Ca - 1957 t'. I . :lrrmv, Tort Orel. Slurry seal Program - 19R7 Ci.ty n Dublin - Slurry Seal Program - 1987 `'.zn .Tose `'tate iiniv. -:Airport Slurry Seal Project - 1987 Cite of San .Jose , Slurry Seal Program - 1987 Phase I i', Ii "nri.n ',iAniciral Water Dist- Slurry Seal Program - 1987 cn`' �cn- Flurry Seal-Santa Clara Water Pol . Cont. Plant - 1957 Los ':atos Street Slurry Seal Program - 1987 `.ounty of Son `lateo - Maddox Ave. Slurry Seal - 1988 "arnett-P,ingc - City of Marina Slurry Seal - 19S8 (1983- S6) CradPavinu Inc. - City of Burlingame S. S. Program Citv of !fanford - Slurry Seal Program - 1985 City of SanJose - Slurry Seal Prog ram Phase I - 1958 71 Carmino Paving Inc. - Town of. Los Altos Hills S .S. Program - . 1988 A. BID DOCUMENTS, Continued Name of Proposed Sub-contractors, if any (Section 4104, Government Code) 1. C �4 5 201 2. 3. 4. 5. 6. Address if Shop or Office of Sub-contractors (Section 4104, Government Code) 2. 3. 4. 5.- 6. Work to be Performed by Sub-contractors (Section 4104, Government Code) 11 1. 2-- , ?J G' C Af ��n �I 2. 3. 4.- 5. 6. PROPOSAL PAGE 5 OF 7 A. BID DOCUMENTS, Continued IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A COPORATION, STATE LEGAL' NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS: Individual: Co-Partnership Corporation MC Ej Q1 S �,4%f0 h G S rte! C' t,1 �- , �C �• .J Q 1_D S t-AA 4AO�T-/z Joint Venture 1'. l.. . M� 'C���✓� L7 5 Other -z_c—'1 2'�A 5 (Describe) Name and Signature of Bidder: nt) (Signature) Address (Both mailing and location addresses) : Telephone Number`:' Date: Addendis Received: 1 2 3 4 5 PROPOSAL PAGE 6 OF 7 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest or, or .on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly-or indirectly, submitted his or her. bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name and Signature of Bidder: (Print) ( ignature) Date: PROPOSAL PACE 7 OF 7 STATE OF CALIFORNIA On this_9th day of June in the year COUNTY OF Santa Clara 1 qR9 before me _ Susan Marie Exline a Notary Public, State of California, r duly commissioned and sworn,personally-appeared William L. McReynolds t 8Z Irr",I'R(13 personally known to me(or proved to me on the basis of satisfactory evidence) ��.ac� -ZAN PflAR6� �X�EB►IEe to be the President xri a T of the corporation NO,AHY PUDLIC-CAL FORNIA„ I e T FRIf�CiPAL OFFICE !N that executed the within instrument, and also known to me to be the 1., SANT CLAfiA COUNTY „; person who executed the within instrument on behalf of the corpora- My Commission Expires June 26,1990 tion therein named, and acknowledged to me that such corporation executed )Bs�saeseaeeracs®e�asa�es:ecB�cB��oat:B��s�leesarfs®BeQeaw� the same l ' IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the County of Santa Clara This document is only a general form which may be proper for use in simple on the a set forth .ve in this certificate. transactions and in no way acts.or is intended to act.as a substitute for the — adhnce of an attorney.The publisher does not make any warranty either express or implied as to Ow legal validity of any provision or the suitability of these forms in any specific transaction.' Cowdery's Form No. 28—Acknowledgement ' Notary blit, State of California to Notary Public—Corporation(C.C.Secs. 1190-1190.1) My commission expires June 26, 1990 STATE OF CALIFORNIA Clara ss: COUNTY Or.-----------....._------•-------Santa C + On this................9th...................................................day of- -JuRe- .............................................-..., 19....89, before me Susan Marie -Exline ---------------a Notary Public,in and for the County and State aforesaid,duly commissioned and sworn,personally appeared---------James----W,_-Untiedt known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney- in-Fact of the Fidelity and Deposit Company of Maryland,and acknowledged to me.that he sub- scribed the name of the Fidelity and Deposit Company of Maryland thereto and his own name as Attorney-in-Fact. - Caex+eaoeus©nesanaeaeeeeeuaeeeiveeoaoweeeaeeeuneeee� u ?i�_ SUSAN MARIE EXLINE� . L -NOTARY PUBLIC-CALIFORNIA rNotary Publd for the State of California, PRINCIPAL OFFICE IN uSanta Clara w SANTA CLARA COUNTY County of.................•. ..........................._.......... ' My Commission Expires June 26, 1930 BR(16) 15 IU2=ae¢ses OQCIaerae.IzUWM=Boieaeeulclsuaunm Bond No. 30139897 Premium: $1,055.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, aQ?F_YJnTnc PATTTUG TMr as Principal and Fidelity & Deposit Company of Maryland as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of **ONE HUNDRED FIFTEEN THOUSAND NINE HUNDRED AND N0/100** Dollars ($ **115.900.00** ) 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 June 5. 1989 , with the Obligee to do and perform the following work to-wit: Street Maintenance-Slurry Seal Project 89-106 4 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. t IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 9th day of June 19 89 . (To be signed by Principal and Surety and acknowledgment.) McReynolds Paving Inc. c Principal Wil.1liam L. McReynolds Fidelity & Deposit Company of Maryland Surety M By: A t ey-in-Fact-James W. Untiedt The above bond is accepted and approved this day of 19 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and KPI VAMMA nayTlyr_ TATr 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 Fidelity & Deposit Company of Maryland 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 **ONE HUNDRED FIFTEEN THOUSAND NINE HUNDRED AND NO/100** ($ **115,900.00** ) . 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. STATE OF CALIFORNIA On this 9th day of June in the year COUNTY OF Santa Clara 1989 before me Susan Marie Exline , a Notary Public, State of California, duly commissioned and sworn,personally appeared William L. McReynolds personally known to me(or proved to me on the basis of satisfactory evidence) sego®oae�e�aetae?�oo®ea®Gaaoe®eo�e�era�®oesuao�on�®iBa?9 to be the President of the corporation M^ SIJS aN MARIE EXLINEe that executed the within instrument, and also known to me to be the e ,' -' NOTARY PUBLIC CALIFORNIA person who executed the within instrument on behalf of the corp PRINCIPAL OFFICE IN ora- SANTA CLARA COUNTY C tion therein named, and acknowledged to me that such corporation executed My Commission Expires June 26. 1990 the same ` �°�aauwud�®®aueoeaec®aoeoeaecQeeoec®aaaata�w�r>a ' IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the County of Santa Clara This document is only a general form which may be proper for use in simple / on the rlAtp set forth wove in this certificate. transactions and in no way acts.or is intended to act.as a substlule for the advice of an attorney.The publisher does rot make any warranty either express or implied as to the legal validity of any provision or the suitability of these forms in any specific transaction.' / Cowdery's Form No. 28—Acknowledgement / NotaryPublic, State of California to Notary Public—Corporation(C. C.Secs. 1190-1190.1) My commission expires June 26, 1990 STATE OF CALIFORNIA ss: CovxrY oF__ Santa_-Clara ------•---•-•.------ C On this -9th day of-- June --- .. 19._89_., before me 1 _Susan-_Marie Exline........_.........._............................................................a Notary Public,in and for the County and State James W. Untiedt aforesaid, duly commissioned and sworn,personally appeared......................................................._.._.._.........._--_......_.._......_..__...._._..._. known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney- in-Fact of the Fidelity and Deposit Company of Maryland,and acknowledged to me that he sub- scribed the name of the Fidelity and Deposit Company of Maryland thereto and his own name as �+ Attorney-in-Fact. �t�atisoflea!starecAe¢ene�a�ts�pe�a.®useooece�sa�eooes�eee� d / SUSAN MARIE EXL1NEv ��-'- --............... Notary Public ��a a, ` NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SANTA CLARA COUNTY County of...... Santa Clara My Commission Expires June 26, 1990 g BR(16) 15 ��etrew®eu®�®ee�ocar�o.rua®erteea�a�saaraoo�rera 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 instrument has been duly executed by the Principal and Surety this 9th day of June 1989 McReynolds Paving, c. (To be signed by Principal Principal William L. McReynolds and Surety. Notary acknowledgments required.) Fidelity & Deposit Company of Maryland Surety By: t1rney-in-Fact-James/W. Untiedt The above bond is accepted and approved this day of m 19 Y 3' 6/17/85 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which reads as follows: "The Chairman of the Board,or the President,or any Executive Vice-President;or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognizances, stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint James W. Untiedt of San Francisco, Californi I s true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings. . . . . . . . . . . . . . . . . . . . . . An t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md.,in their own proper persons. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this .......... 9 UL...............day of.............April....................._......., A.D. 19.$-7....__ j'#OOIiFOS���,t FIDELITY AND DEPOSIT COMPANY OF MARYLA ± C v ATTEST: 13. SEAL >_ r By 1 Assistant Secretary Vice-President STATE OF MARYLAND 1 55: CITY OF BALTIMORE J On this 29th day of April A.D.19 87 ,before the subscriber,a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore,the day and year first above writ n. _________________________ .__ Notary Public ommtsslon es.July._--i � .�-,--1990 •�`'w=-'r°` CERTIFICATE I.the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July,1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any Rower of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed.' IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this.....9th.......... day ....................... _ ...........7_4 .. ............ L1428.—Cef.-016-0819 _ Assistant Secretary FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK ® e e 11 o l ISSUE DATE(MM/DD/YY) RJ 6/9/89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, DLI/EVERE T T W. STARK ARK & CO. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2190 STOKES STREET #103 SAN JOSE, CA 95128 COMPANIES AFFORDING COVERAGE 418) 294-4106 COMPANY LETTER A NORTHERN INSURANCE COMPANY COMPANY 13 INSURED LETTER REPUBLIC INDEMNITY MCREYNOLDS PAVING P.O. BOX 921 ETTERNY c PUBLIC WORKS CAMPBELL, CA 95009 COMPANY Q LETTER Ce�EEU�pi3 1j 'C96`e COMPANY LETTER • THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY TBE ISSUED OR MAY IONS OF UCH POLICIES. THE INSURANCE AFFORDEDLBy.TkIE gO IC `�SCAIB�D HEA€IN�IWk 386 EXCLLLSIQ�d�SAND CONDI- T TYPE OF INSURANCE POLICYNUMBER `1 P0(L'�IlC6Y(MWOCFTiIVIEVC POLICY EXPIRATION tll LiYAhL'LLLlI1MITSINFiT1HOUSANDS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $11 i k-V, )F- COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $1,Quo, 1, A CLAIMS MADE ®OCCURRENCE TBD 5/4/89 /4/90 PERSONAL&ADVERTISING INJURY $ (-ou, X OWNER'S&CONTRACTORS PROTECTIVE EACH OCCURRENCE $ (1{.►5-►, FIRE DAMAGE(ANY ONE FIRE) $ bu, MEDICAL EXPENSE(ANY ONE PERSON) $ J, AUTOMOBILE LIABILITY X ANY AUTO CSL $ 1,000 ALL OWNED AUTOS BODILY A SCHEDULED AUTOS TBD 5/4/89 5/4/90 (PERPPERSON) $ HIRED AUTOS [CRDEN DILY URY rT NON-OWNED AUTOS TI $ GARAGE LIABILITY OPERTY MAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE $ $ OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION STATUTORY $ ,QQQ (EACH ACCIDENT) B AND PC979896 4/l/89 ll./l/90 EMPLOYERS'LIABILITY , (DISEASE-POLICY LIMIT) $ 1! -l (DISEASE-EACH EMPLOYEE) OTHER A PHYSICAL DAMAGE TBD 5/4/89 x/4/90 $100 COMP DED. $250 COLL DED. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS JOB: STREET MAINTENANCE SLURRY SEAL PROJECT 89-106 CONTRACT AMOUNT $115,900 CERT HOLDER TO BE NAMED AS ADDITIONAL INSURED • o • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- CITY OF GUPER7IN0 PIRATION DATE THEREOF, THE .ISSUING COMPANY WILL ENDEAVOR TO 'MM11300 TORRE AVENUE MAILIO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CUPERT I NO, CA 95014 LEFT, BUT FAILURE.TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPF3l,S T I 'URAN E SERV ICES POLICY NUMBER: TBD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF CUPERTINO JOB:. STREET MAINTENANCE SLURRY PROJECT 89-106 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 ❑ Fideliqand D.e osis Coinpa.ny. .. . : p _ HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we --•----- McReynolds_ Paving, _Inc: ......... .......................... --------•-•--------•---------------••-----------•-------•---........._........------••----------•----..................----...............---.......-------•---------------.-----------•------- -------------____________..._____...__.._..._......._....__..............I as Principal, (hereinafter called the "Principal'), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland,as Surety, (hereinafter called the"Surety"),are held and firmly bound unto........ tY...4f-.Cupe1tino.................•-----•----•---................_.._...........---............--•-----.........................._......•••---...---••--•--- -------------------------•------•--••--------------•-------....---------..._.....................----•----------............----•-------------................---•--•----------•----......----•--- ..•--------•-...--•......................•-•--•--............--••-•-•---.....................----•-........_......as Obligee, (hereinafter called the "Obligee"), in the sum of-.....**TKq_PERCENT»OF AMOUNT BID** ,..-...-•._,._.,-.,•-Dollars ($.**107** .......... --- _-_)� - --- •• ........... for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for.....Street-•Maintenance Slurry Seal Prol eet_- 89-106 . -----•-----------••---•-------•-------•--•---------•---••--••-•---•.................................................•........-•----............................................................... ---•-----•----•-•--•---•--•--•------••--•------••................•--------•----------•--------•--•-------•--------....................--•----•--•---------•---...-------•----•---.........._------ -----•--------------------•---•----------•----•----•--......-------••----•-•--•-•----••-•---••---------•--.....------..................---..........---•----...................------•--•--..----- NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. g day of.....--•--M••..aY-------------•--••............_...._ . . ---8•-•-•- AD19 • Signed and sealed this_:...___._23rd.......... .........•--_---_-•-----_.... 9: STATE OF CALIFORNIA .� ss: COUNTY oF San.ta_.Cl.a-ra..__....._.. On this.-•-----_23rd ... »._ .._.._.. _ _.._day of.._ .._....�X..-..».._..»_..». _.._._..............._.... 19_8 ._ before me _�1►.�aal Marje.. xlil ...-.-__._.._................._.................... --.....-..._......,a Notary Public,in and for the County and State aforesaid,duly commissioned and sworn,personally appeared..............................James_W.__Untiedt name is subscribed to the foregoing instrument as the Attorne kndwn to me to be the person whose - in-Fact of the Fidelity and Deposit Company of Maryland,and acknowledged to me that he sub. scribed the name of the Fidelity and Deposit Company of Maryland thereto and his own name as Attorney-in-Fact.. wsnnunsupnn��ru�neensnna�nnnnmun�� _ _. _. "� •� e' No ubliNOTARY PUBLIC-CALIFORNIA SUSAN EXLINE" ncna d for the_Snof Californ_ia,PRINCIPAL OFFICE IN SANTA CLARA COUNTY County of......... MAY Oommission Expires Jun&got �� r\ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MO. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by C. M. PECOT, JR. ,Vice-President,and C. W. ROBBINS Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which reads as follows: "The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognizances, stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint James W. Untiedt of San Francisco, Californi I s true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings. . . . . . . . . . . . . . . . . . . . . . An If e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore,Md.,in their own proper persons. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Law&of said Company,and is now in force. IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this .......... 91ih...............day of..............APIJ-1.............................,A.D. 19.82.... o r�o r' $ ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLA •y� �"e ........................................................................nt By , ................................................................ STATE OF MARYLAND Amiu Secretary Vice-President CITY OF BALTIMORE ss' On this 29th day of April A.D.19 8 7 ,before the subscriber,a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and beingb me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly said Corporation.said and subscribed to the said instrument by the authority and direction of the IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed by Official Seal,at the City of Baltim�ay and year first above writ n. / ... .... Notary Public ommission Jul 1 1990 CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoingg is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of AttorneVIy was one of the additional Vice-Presidents specially authorized by the Board of Directors to -in-Fact as provided in Article ,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. appoint any Attorney This Certificate maybe signed by facsimile under and by authority of the followingg resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July,1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any Rower of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this....220........ day of.............�y.............................;19...89 L142a._ctL-016-081 ........... ........ . ........ ........... r.�r V..-...,� __ _-- Auiva t Secretary