90-026 Rosendin Electric, Traffic Signal Modification, Vallco Pkwy at Wolfe Rd Project No. 5005 CONTRACT FOR PUBLIC WORKS
This CONTRACT made on 02 /gs'd, 1990 by the CITY OF CUPERTINO,
a municipal corporation of he tate of California, hereinafter called CITY,
and Rosendin Electric, Inc. , hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
1. THE CONTRACT DOCUMENTS. The complete contract consists of the following
contract documents :
a. Bid Documents(Notice to Contractors, Proposal, Time for Completion,
Estimated Quantities, Bidder Qualification Form, Sub-Contractors Form and
Signature Form) , referred to as Exhibit A.
b. Standard Specifications, General Provisions and Special Provisions.
c. Plans and Specifications for TRAFFIC SIGNAL MODIFICATION on VALLCO
PARKWAY at WOLFE ROAD, PROJECT 5005.
d. Faithful Performance Bond and Materials Bond.
e. Insurance Certificates.
f. This Contract for Public Works.
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. CONTRACTOR agrees to furnish all of the tools, equipment,
apparatus, facilities, labor, transportation and materials necessary to
perform and complete in a good and working order, the work of TRAFFIC SIGNAL
MODIFICATION on VALLCO PARKWAY at WOLFE ROAD, PROJECT 5005, as called for, and
in the manner designated in, and in strict conformity with, the Plans and
Specifications prepared by the Engineer and adopted by CITY, which Plans and
Specifications are entitled, respectively, TRAFFIC SIGNAL MODIFICATION on
VALLCO PARKWAY at WOLFE ROAD, PROJECT 5005, 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 materials shall be furnished, and that said work
shall be performed and completed as required in said Plans and Specifications
under the sole direction of CONTRACTOR, but subject to the inspection and
approval of CITY, or its representative. CITY hereby designates as its
representative for the purpose of this Contract the Engineer, Mr. Bert J.
Viskovich.
•
Contract Page 1 of 6
• CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 5005
3. . CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in
full payment for the work above agreed to be done, the sum of Forty Nine
Thousand Seven Hundred Twenty Five and 00/100 Dollars($49,725.00) , subject to
additions and/or 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 CONTRACTOR may be required to do, or respecting the size of
any payment to CONTRACTOR during the performance., of _ this Contract; said
dispute shall be determined either by reference to the Unit Prices bid, if
applicable, or in accordance with agreement of prices, if applicable, of in
accordance with the agreement of the parties, or in accordance with the rules
of the American Arbitration Association if the parties are unable to agree.
5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all
expense for all necessary permits, licenses and easements for the construction
of the project, give all necessary notices, pay all fees required by law, and
comply with the laws, ordinances and regulations relating to the work and to
the preservation of the public health and safety.
6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper
facilities and provide safe access for inspection by 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 CITY of its readiness for
inspection and without the approval thereof or consent thereto by CITY. Should
any such work be covered up without such notice, approval, or consent, it
must, if required by CITY, be uncovered for examination at CONTRACTOR'S
expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the
progress of the work require any alterations, deviations, additions or
omissions from the Plans or Specifications or the Contract Documents, CITY
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 shall be determined either by reference to the
Unit Prices bid, if applicable, the Standrad Specifications, 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 bya written order from CITY,
duly authorized by 'resolution of the City Council, and by all agencies whose
approval is required by law, stating that the extra work or change is
authorized, and no claim for an addition to the Contract sum shall be valid
unless so ordered.
8. CHANGES TO MEET ENVIRONMEMTAL REQUIREMENTS. 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. CONTRACTOR shall be paid for such
changes either by reference to the Unit Prices bid, 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.
Contract Page 2 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 5005
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 modification,
shall be determined either by reference to the Unit Price bid, if applicable,
the Standard Specifications, or in accordance with the agreement of the
partie, 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 in
accordance with the Time for Completion section in the proposal andthe
Specifications of this project. If CONTRACTOR shall be delayed in the work by
the acts or neglect of 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 CONTRACTOR'S control, or by delay authorized by CITY, or by any
cause which 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.
11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a
sufficient time in advance of the manufacture, production or testing of
materials to be supplied under this Contract, in order that CITY may arrange
for mill, factory or laboratory inspection and testing of same.
12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a
bankrupt, or should make a general assignment for the benefit of creditors, or
if a receiver should be appointed on account of insolvency, or if CONTRACTOR
or any sub-contractor should violate any of the provisions of the Contract,
CITY may serve written notice upon CONTRACTOR and CONTRACTOR' S surety of its
intention to terminate the Contract. Such notice shall contain the reasons for
CITY' S intention to terminate the Contract, and unless within ten(10) 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(10) days, cease and terminate. In the event of any such
termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S
surety and CONTRACTOR, and the surety shall have the right to take over and
perform the Contract; provided, however, that, if the surety within
fifteen(15) days after the serving upon it of notice of termination does not
give CITY written notice of its intention to take over and perform the
Contract, or does not commence performance thereof within thirty(30) days from
the date of the serving of such notice, 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 CONTRACTOR, and
CONTRACTOR and CONTRACTOR' S surety shall be liable to CITY for any excess cost
occasioned by CITY thereby, and in such event 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 CONTRACTOR as may
be on the site of the work and necessary therefor.
Contract Page 3 of 6
•
• CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 5005
13. 'THE CITY' S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION
THEREOF. In addition to amounts which CITY may retain under other provisions
of the Specifications until final completion and acceptance of all work
covered by the Contract, CITY may withhold from payment to CONTRACTOR such an
amount or amounts as in its judgement may be necessary to pay just claims
against CONTRACTOR or sub-contractors for labor and services rendered and
materials furnished in and about the work. CITY may apply such withheld amount
or amounts to the payment of such claims in its discretion. In doing so, CITY
shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall
be considered as a payment made under the Contract by CITY to CONTRACTOR, and
CITY shall not be liable to CONTRACTOR for any 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 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 CITY' S Notice to Contractors.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under
this Contract shall be in writing, and shall be dated and signed either by the
party giving such notice, or by a duly authorized representative of such
party. Any such notice shall not be effective for any purpose whatsoever
unless served in the following manner: (a) if the notice is given to CITY
either by personal delivery thereof to the Engineer of CITY, or by depositing
same in the United States mails, enclosed in a sealed envelope, addressed to
CITY OF CUPERTINO, 10300 TORRE AVENUE, CUPERTINO, CA 95014, postage prepaid
and certified; (b) if the notice is given to CONTRACTOR, either by personal
delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized
representative at the site of the project, or by depositing same in the United
States mails, enclosed in a sealed envelope, addressed to Rosendin Electric,
Inc. , P.O. Box 5061,San Jose,CA,95150 postage prepaid and certified; and (c)
if notice is given to CONTRACTOR' S surety or any other person, either by
personal delivery thereof to CONTRACTOR'S surety or' other person, or by
depositing same in the United States mails, enclosed in a sealed envelope,
addressed to CONTRACTOR'S surety or person, as the case may be, at the address
of CONTRACTOR'S surety or the address of the person last communicated by such
person to the party giving the notice, postage prepaid and certified.
15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor
moneys due or to become due thereunder, shall be assigned by CONTRACTOR
without the prior written approval of 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 CITY agrees in writing to some other material, process
or article offered by CONTRACTOR which is equal in all respects to the one
specified. It shall be CONTRACTOR'S responsibility to prove equality of any
such material, process or article offered as a substitution to the one(s)
specified.
Contract Page 4 of 6
• CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 5005
17. 'WORKER'S COMPENSATION INSURANCE AND EMPLOYER' S LIABILITY INSURANCE.
CONTRACTOR shall take out and maintain during the life of this Contract
Worker' s Compensation Insurance and Employer's Liability Insurance for all of
CONTRACTOR' S employees employed at the site of the project. In case any work
is sublet, CONTRACTOR shall require any and all sub-contractors similarly to
provide Worker's Compensation and Employer's Liability Insurance for all of
the latter's employees unless such employees are covered by the protection
afforded by CONTRACTOR. In signing this Contract CONTRACTOR makes the
following certification, required by Section 1861 of the Labor Code: "I am
aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for worker' s compensation or to
undertake self insurance in accordance with the provisions of the Labor Code,
and I will comply with such provisions before commencing the performance of
the work of this Contract. "
18. 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 codes 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 and
Safety Orders issued by the Industrial Accident Commission of the State of
California.
19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be
responsible for the cost of repairing or restoring damage to the work caused
by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a
seperate bid item, obtain the insurance to indemnify CITY for any damage to
the work caused by Acts of God. "Acts of God" shall-include only the following
occurances or conditions and effects: earthquakes and tidal waves, when such
occurances or conditions and effects have been proclaimed a disaster or state
of emergency by the President of the United States or by the Governor of the
State of California, or were of a magnitude at the site of the work sufficient
to have caused a proclamation of disaster or state of emergency having occured
in a populated area. Subject to the foregoing, 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 and before
acceptance.
20. CONTRACTOR' S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-
class quality of all work and of all materials, apparatus and equipment used
or installed by CONTRACTOR or by any sub-contractor or supplier in the project
which is the subject of this Contract, unless a lesser quality is expressly
authorized in the Plans and Specifications, in which event CONTRACTOR
unqualifiedly guarantees such lesser quality; and that the work as performed
by CONTRACTOR will conform with the Plans and Specifications or any written
authorized deviations therefrom. In case of any defect in the work, materials,
apparatus or equipment, whether latent or patent, revealed to CITY within
one(1) year of the date of acceptance of completion of this Contract by CITY,
CONTRACTOR will forthwith remedy such defects without cost to CITY.
Contract Page 5 of 6
STATE OF CALIFORNIA On this 9th. day of JULY ,in the year
ss. 19.90 ,before me,
COUNTY OF SANTA.CLARA RITA.FISHER ,a Notary Public,State of California,
duly licensed and sworn,personally appeared
r� tx tOtfatetset9/mt�Jtst9NG RON.C.OF.FEE
OFFICIAL`SEAT! I personally known to me(or proved to me on the basis of satisfactory evidence)
SP
to be the person who executed the within instrument as NICE.PRESIDENT...
RITA FISHER'
or on behalf of the corporation therein named and acknowledged to me that
NOTARY PUBLIC-CALIFORNIA
SANTA CLARA COUNTY 6 such corporation executed the within instrument pursuant to its by-laws or a
2 My Commission Expires April 10, 1992 S resolution of its board of directors.
i�(.X%r-w..uNitN4wdbsuiol:+ NfiJ.n,Nb)JN
OeR1o. IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the SAID ,County of..SANTA
mna� card no way
m�.nmIs drdtoe .asasaemtetmwe CLARA nt dateseyforth ab in this certificate.
futrai,,
nti lnmwgeeralacts.fa nwhich may
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mhios m an attorney.me printer dues not nude any warranty ahem express or implied este om �/
tegd vaadny of ony provision or the suitability of these Immo in ony specific transaction.
Cowdery's Form No. 28—Acknowledgement to Notary Public— Notary Public, State of California
' Corporation(C.C.Seca. 1190-1190.1)—(Rev. 1/83) My commission expires 4-10-92
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 5005
21. ADDITIONAL PROVISIONS. None.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
CITY OF CUPERTINO Rosendin Electric, Inc.
P.O. Box 5061,San Jose,CA,95150
BY s.:.., By: P-A.v—t
' Mayor 9111,
019
Attest: L
.r/ ��..- / Notary acknowledgement is required.
City C irk If a corporation, corporate seal and
corporate notary acknowledgement are
required.
Date: 2-) ,1990
derity 'lerk
APPROVED AS TO FORM AND
PROCEDURE:
City Attorney
Contract Amount:Forty Nine Thousand Seven Hundred Twenty Five and 00/100
Dollars($49,725.00)
Account Number:
Purchase Order Number:
Contract Page 6 of 6
STATE OF CALIFORNIA On this 9th day of JULY ,in the year '
ss
before me,
COUNTY OF SANTA CLARA RITA FISHER 1990 ,a Notary Public,State of California,
duly licensed and sworn,personally appeared
RON COFFEE
kocKscIptemotvaNSCA9N9N9N9X9N9Wchf personally known to me(or proved to me on the basis of satisfactory evidence)
�' OFFICIAL SEAT! 2 to be the person who executed the within instrument as VICE PRESIDENT
RITA FISHER 2 or on behalf of the corporation therein named and acknowledged to me that
fts
N SANTATY PUBLIC-CALIFORNIAOCOUNTY
such corporation executed the within instrument pursuant to its by-laws or a
�G � CLARA COUNTY
2 My Commission Expires April 10, 1992 2 resolution of its board of directors.
,r.vat>iibre wap.2(,x7w)2(.1a x D..26:ag2GYQG IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the SAID ,County of SANTA
CLARA
mesdocument nadoagenervroma,
form beproperm
faruse .imda on the date et forth bove in this certificate.
transactions and in no way Ms,ore Wended to act,as a substitute Ip the �-�{//�
advice of an attorney.The p
prima dons not mete enywanan7&Mq
er express or MWbto d as the /-) f ...11- J
legal W aratandctadsbnorMavmeautyamasaIoW,wand specific o-ansarnp. Notary Public, State of California
Cowdery's Form No.28—Acknowledgement to Notary Public— 4-10-92
Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1183) My commission expires
state of California
:ounty of Alameda
:n 1 July 9, 1990 ,before me, a Notary Public in and for said County and State, residing
:herein, duly commissioned and sworn, personally appeared nnthara I Sh-np
:moV:i to me to be Attorney-in-Fact of Fe- a] in ujrancP
the corporation described in and that executed t e within and foregOing instrument, and known
to me to be the person who executed the said instrument in behalf of the said corporation, ar
ae duly acknowledged to me that such. corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and_yes
stated in this certificate ab ve. ��ggy
Thr Commission Expires p 0 0 6:1Ary Public
lillt1NIE8i1i06mliandx.mi11iah:.b(ll�ljlllUH !i!!m111111111iP.Pl
- OFRG:AL SEAL
`��. ) sacra COUNri Di: _• 1..:
' / Iw7 ?o, 1593:
L1y fo;r.�ission`-,"Pas
REI'#1238 Bond No. 8123-32-56
Premium: $224.00
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, Rosendin Electric, Inc. as Principal,
and Federal Insurance Company as Surety are held and firmly
(bonding company name)
bound unto the City of Cupertino, State of California, in the sum of (yForty
Nine Thousand Seven Hundred Twenty Five and 00/100 Dollars049,725.0011/3awful
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
VALLCO PARKWAY at WOLFE ROAD
PROJECT 5005
NOW, THERFORE 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 9th day of July , 19 90
(To be signed by Principal and Surety and acknowledgment. )
Ro ndin El,ctric, Inc.
jr
Principal ' Mr
RON COFFEE, VICE PRESIDENT
Federal InsIl-rn Company
Surety
By: / / vGL ,.�:/2
Barbara L. Shine, tAttorney-In-Fact
The above bond is accepted and approved this day of
•
19
Faithful Performance Bond Page 1 of 1
' Bond No. 8123-32-56
RP1 '#1238 Premium: Included in Perf. Bond
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
subcontractors, shall fail to pay for 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 Tnsnrance Company
(bonding company name)
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or about the
performance of the aforesaid work contracted to be executed or performed under
thecontract 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 Forty Nine Thousand Seven Hundred Twenty Five and
00/100 Dollars($49,725.00) .
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 insure to the benefit of any and all persons , companies,
ans 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.
Labor and Material Page 1 of 2
STATE OF CALIFORNIA On this 9 fi h day of ,TUX ,in the year
ss. 1990 ,before me,
COUNTY OF.SANTA.CLARA RITA FISHER a Notary Public,State of California,
duly licensed and sworn,personally appeared
RON COFFEE
f mpmnening,tye gmGemsenegegansat yw personally known to me(or proved to me on the basis of satisfactory evidence)
54 ip I OFFICIAliSEAU to be the person who executed the within instrument as VICE PRESIDENT
RITA FISHER g or on behalf of the corporation therein named and acknowledged to me that
2 ' NOTARY PUBLIC-CALIFORNIA t such corporation executed the within instrument pursuant to its by-laws or a
S ' SANTA CLARA COUNTY 6 resolution of its board of directors.
My Commission Expires April 10, 1992 '
IN WITNESS WHEREOF I have hereunto set my hand and affixed
irr�W''w`c 67'Ur2uww7bu"NbNVN°""'umyofPicialseal inthe SAID ,County of SANTA+
Rbwarners bonly.Beter+lloan Wilt may be otoper lot use ii CI.ARAthe tie set rth above in this certificate.
ewad tseMhnowayem,orbInendedmeGasennstlttoInhe � 1 /1
&Moral enevvp
rey.Thenterdoes M make enyweeenryoWMregimss orKm
Mled as the e'C/ �' Xyl
-'Vorollv of em'netsbn""B P ble0Ily"tl185B"""In any e°o'fle°"°"°" Notary Public,State of California
Cowdery's Form No.28—Acknowledgement to Notary Public—
Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires 4-10-92
tate of California
Junky of Alameda
n , July 9, 1999before me, a Notary Public in and for said County .and State, residing
•herein, duly commissioned and sworn, personally appeared Barbara T• Shine
norm to me to be Attorney-in-Fact of Federal in.nirance Cpmnany
he corporation described in and that executed the within and tofegoing instrument, and known
`o me to be the person who executed the said instrument in behalf of the said corporation, ant
e duly acknowledged to me that such corporation executed the same.
N WITNESS h1-IF.REOF, I have hereunto set my hand and affixed my official seal, the day and yea]
tated in this certificate,above.
y Commission Expires ?/// C/,•,•3 vim/ �(� , /'` 4
4� JfSJJIIMM THAI!J4M .i..th a:aII X1111a=+:n..u. .,,,J' p r k �Vtailh 11C
-• OFFICIAL SEAL A
r %"�+�5.5.. PEGGY A. MAGOFFI?I C.
i. t�.1.5� 1:,.� NOTARY PIMUC CO.LIFOrt IA i .
.. r{ COUPSY O:ALAIaEUA rJ
�``• `' My Commission Elms July 26, 193,
•
v •
Labor and Material(continued)
PROJECT 5005
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,
alteration or addition to the terms of the contract or to the work or to the
specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this qth day of July , 1990 .
(To be signed by Principal and Surety. Notary acknowledgments required)
osendin l ctri, Inc.
Principal ROvk •EE, VICE PRES.
Federal Insurance Company
Surety
By: 41,1-jett-Zapi_g
Barbara L. Shine, Attorney-In-Fact
The above bond is accepted and approved this __ day- of•.
, 19
Labor and Material Page 2 of 2
N
POWER OF ATTORNEY
Know',all Men by these Presents; That the FEDERAL'.INSURANCE,COMPANY;15 View Road,Warren, New Jersey an'Indiana Corpora-
tion.,has'constituted and appointed, and does hereby constitute.and appoint, John W. Bowen, :A, W.. Brown, Jr., Peggy Magoff'in,
Debra Curry and Barbara L. Shine, of Pleasanton, California
each its true:and lawful Attorney-in-Fact'to;execute.under such designation in its name and to'.affix.its corporate seal to:and deliver for and on its behalf°as surety
thereon or otherwise, bonde of any of the'followingiclasses to-witt.
1 Bondsand Undertakings(other than Ball Bonds)filed in'any suit,matter or proceeding in any Court,or filed with any Sheriftor Magistrate,for theldoing
or not doing of anything specified in.such Bond or Undertaking..
2, Surety bonds to the United States of America or any agency thereof,including those'required or permitted under thelawsor regulations relating to Customs'
or Internal Revenue;License and'Permit Bonds:or other'indemnity bonds under the'laws,ordinances or regulations of any State,City,Town',Village,Beard
or other body organization,:public or private;;bonds to.Transportation Companies,'Lost Instrument bonds Lease bonds,Workers'Compensation bonds,
Miscellaneous Surety bonds and bonds on behalf of'Notaries Public Sheriffs, Deputy Sheriffs,and similar public officials
.3 Bonds:.on behalfof contractors in,connection with'bids, proposals or contracts.
In Witness Whereof.the said FEDERAL'INSURANCE COMPANY has,pursuant to its By-tars;caused Mese-presents 10 6e thinned by ns V ce;Presidenuand Assistant Secretary and its corporate:seat
to be'hereto affixed'this 1st day of May i19 '90
Corporate Seat
414
u-fit ? .1i'rl FEDERAL INSURANCE COMPANY
t
X1'01 TAN I
a,1949As ac a s
att. - JD DixonDixpn
Richard D.°'Connor ®" Vice Preelders
Assistant Secretary
STATE OF NEW JERSEY 55;
County of Somerset
COMPANY,the corporation described naneNwnai n:executed the fare ibn90 !before.me personallycame Richard D.O'Connor me known and M me known tobe Assbtah1 Secretary of the FEDERAL INSURANCE.
On mm
g g Power of Attorney and the said Richard D.Or Connor being by me duly sworn„did depose and say that he is Assistant Secretary of the.
FEDERAL INSURANCE COMPANY and knows the corporate seal thereof;that the seal affixed to the,foregoing Power of,Attorney is such;corporate seal.andwas thereto affixedby authority of the Bylaws of said
Company and that he signed said River,of Attorney as Assistant Secretary of said Company by like authority;and that heis acquainted with James D Dixon and.knows him to be the Vice President of said Company,
and that the signature:of said James D:Dixon subscribed to said Power of Attorney is in the genuine handwriting of saidJames 0-;Dixon and was thereto subscribed by authority of said By-Laws and in deponent s presence.
Notarial .. E T p
OAF' 4 Acknba•ledged antl SwOrnite before me,
cy NOTARY %C. on the date above:written:®
Z •Puetic
NICOLETSE T PA: ;I Notary Public
5'JEkSNotary Public,.Step of New;Jersey
- 1
CERTIFICATION'. No. 2056518'.
STATE OFNEW JERSEY ■ :Commission Expires October 2, 1994.
.County of Somerset
I.the undersigned,Assistant Secretary of the FEDERAL INSURANCE,COMPANY do hereby certify that the fogowing''walrus excerpt from the By-Laws.of.the sad Company as adopted by its Board,of Directors,
on March 2,1990and that this By-Law is in Iultforce!and effect:
':ARTICLE XVIII.
Section 2.All bonds,undenakingd:.contracts andother'!instrumenta.other,than as above for and on behalf of the Company which it is authonxetl by law or its Marler to execute,may and.shall be executed
in the name and on behalf of the Company either:by the Chairman or the''Vice,Chairman or the President or a Vice.President jointly with the Secretaryor an Assistant Secretary,under their respective
designations,;except that any one or more officers or,attorneys-in-fact designated in any resolution.of the Board of Directors or the Executive Committee;,or in any power of attorney executed as provided
for in Section3 below may execute any such bond:.undertaking or other obligation as provided in'such resolution or power of attorney.
Section a All powers of attorney for and on behalf of the Company May and shall be executed in the name and on behead theCompany either by:the Chairman or the Vice Chairman orthePresident or a Vibe President
Oran Assistant Alice President;jointlywdh the Secretary pr an Assistant Secretary under,their respective designations.The..signature of such officers may be engraved,printed or lithographed The signature at each
of the biasing officers-Chairman,Vice Chairman President,any Vice President any Assistant Vice President any Secretary any Assistant Secretary and the seal of the Company may be affixed by facsimile to any
powerof anorneyor to anyconificate roust ng thereto appointing Assistant Secretaries or Atlomeys-in-Fact for,puroses only of executing and attesting bonds and undertakings and direr wrings obligatory in the nature
thereof,and any such potter of attorney or certificate beanng such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile'
signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which ills attached.."'
1 further certify.that said FEDERAL INSURANCE COMPANY Is duly licensed to transact fielityand surety business in each of the States of the United StatesofAmerica,District ofColumbia,Puerto Rico,and each of the;
Provinces of Canada with the exceptionof Prince Edward Island and is also duly licensed to become sole surety on bonds,undertakings,etc permitted or required'by.law.
,I.the undersigned Assistant Secretary of FEDERAL INSURANCECOMPANY,do hereby cervi thal1he foregoing Power of Attorney is in hill force and effect
'Given u
'ryanunder my hand and the seal olsaid Company atwarrenNJ.:this 9th dayofd .i9 p
Co A/VLF �inrir
--ted
411:
Assistant Secroyry
W' ) e ;SJ
11'uIANP • PRIMED
focm21I xt(EWA—DMGENERAL UTA'.
STATE OF CALIFORNIA On this....9th day of JULY ,in the year
as. 1990 before me,
I COUNTY OF..SANTA..CLARA RITA FISHER
a Notary Public,State of California,
duly licensed and sworn,personally appeared
RON COFFEE ,
GOGOCO GOGeJ Datzvat.Omee tote cial
OFFICIAL SEMI personally known to me(or proved to me on the basis of satisfactory evidence)
2 RITA FISHER
to be the person who executed the within instrument as VICE PRESIDENT
flit NOTARY PUBLIC-CALIFORNIA or on behalf of the corporation therein named and acknowledged to me that
2 SANTA CLARA COUNTY ; such corporation executed the within instrument pursuant to its by-laws or a
My Commission Expires April 10, 1992 resolution.of its board of directors.
Trusasw:7P'awawawawa6)atawi6)4(amu,:n.ra IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the SAID ,County of SANTA
1belmsne,body a general form welch may mpeeper for use mww., CLQ 4onthe date jet fpr�thabove inthis certificate.
gereutiam am N no way aas.or is Intended toe .as a arMatila for the //.f-- A_:&.---e4:2,01-1--.C.,ePhm
e Wen erey.11 printer Goon rot make any waeeniar
tyMNexpress a,knelledestete �c{ 2i
legal va�arWany grodalmvtrosuite°°"W
' tmaefarmsinByspewc°e'e°"m"' Notary Public, State of California
Cowdery's Form No.28—Acknowledgement to Notary Public— 4-10-92
Corporation(C.C.Secs.1190-1190.11—(Rev. 1/83) My commission expires
State of California
:aunty of Alameda
1')n July 9, 1990 ,before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared Barbara L. Shine
:mown to me to be Attorney-in-Fact of Federal Insurance Company
the corporation described in and that executed the within and foregoing instrument, and. lmown
to me to be the person who executed the said instrument in behalf of the said corporation, an
he duly aclmowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal , the day and yea
stated in this certificate a.ove
/ /
E ,Iii.,, sfs apsl....... / i - .' 9".1c
��, OFFICIAL SEAL
b - _}"�:•:":t 'S' PEC17Y A. atAG3r M
;�"'�i-..I` N ,^ ^' UaLCC CALIFORNIA
I\ yi COUNTY OP AWL EUA
. My Carty sloe Eros July 26, 1E931-
I.ui:6tnnPia.i;1i;11!it.lumi,9ai?ilvim,.:aid! •911Ii.eILLl.�71
Bond No. 8123-32-56
• Premium: $224.00
f EI #1238
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, Rosendin Electric, Inc. as Principal,
and Federal Insurance Company as Surety are held and firmly
(bonding company name)
bound unto the City of Cupertino, State of California, in the sum of Forty
Nine Thousand Seven Hundred Twenty Five and 00/100 Dollars($49,725.00) 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
VALLCO PARKWAY at WOLFE ROAD
PROJECT 5005
NOW, THERFORE, 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 9th day of July , 19 90
(To be signed by Principal and Surety and acknowledgment. )
Ro endin Ele tric, Inc.
Principal /1
RON COFFEE', VICE PRESIDENT
•
Federal Insurance Company
Surety v
By: �GG2?� ,� P
Barbara L. Shine Attorney In-Fact
The above bond is accepted and approved this day of,
, 19
n
Faithful Performance Bond Page 1 of 1
•
REI #1238 Bond No. 8123=32-56
Premium: Included in Perf. Bond
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 itstallation, 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
subcontractors, shall fail to pay for 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
(bonding company name)
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or about the
performance of the aforesaid work contracted to be executed or performed under
thecontract 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 Forty Nine Thousand Seven Hundred Twenty Five and
00/100 Dollars($49,725.00) .
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 insure to the benefit of any and all persons, companies,
ans 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.
.Labor and Material Page 1 of 2
STATE OF CALIFORNIA On this 9th day of JULY ,in the year
SANTA CLARA ss. 1990 ,before me,
COUNTY OF RITA FISHER ,a Notary Public,State of California,
duly licensed and sworn,
personally
gKsexamxicepGOtx9Gx9c
rpcpt;acintecc personally known to me(or proved to me on the basis of satisfactory evidence)
OFFICIAL.SEAII g to be the person who executed the within instrument as.Y.I CE.ERESI DENT..
is RITA FISHER or on behalf of the corporation therein named and acknowledged to me that
al 104? NOTARY PUBLIC-CALIFORNIA such corporation executed the within instrument pursuant to its by-laws or a
SANTA CLARA COUNTYz 6 resolution of its board of directors.
2'. My Commh`sion Expires Aiirii 10, 1992 8 IN WITNESS WHEREOF I have hereunto set my hand and affixed
oiaLswAtt t twtNt,;stWwM, wawAtiuxly
my official seal in the SAID ,County of...SAN.TA
trnib ansactions
CLARA op datesetf abp this certificate.
aMLNOn98Mney. he'printer does no Mak any warranty
aSsaner e for the
advice of an attorney.The primer data not make eltlrar express or Implied as to Pm
legal validly m any provision or the sultahibly of these forma In any speck transaction. Notary Public, State of California
Cowdery's Form No. 28—Acknowledgement to Notary Public—
Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires 4-10-92
State of California
aunty of Alameda
-m. July 9, 199before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared Rnrhnra i. Shine
:mown to me to be Attorney-in-Fact of Federal guramc onparly
the corporation described in and that executed the wi. in and foregoing instrument, and_ known
to me to be the person who executed the said instrument in behalf of the said corporation, an
he duly acknowledged to me that such corporation executed the same.
IN UITNESS WHEREOF, I have hereunto set my hand and affixed my official seal , the day and yea
stated in this certificate abo e.
(w `�J@.9
?N Commis ion- g re ;r,,:.:..,:.,- 9 �l (/ eye_
y Public
OFFICIAL SEAL
1 , trlr/' FLO aY A. MA 9F rll1
r.orn;Y rustic-cF.c;camA
COUNTY C;-,ALAME:DA
My Commission Expires July 23, 1993
IIii andmmtuiuthii? nimi! PmiE:g!l!!iSiotimiher,'J
•
•
Labor and Material(continued)
PROJECT 5005
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,
alteration or addition to the terms of the contract or to the work or to the
specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this qth day of TLy , 19 qn
(To be signed by Principal and Surety. Notary acknowledgments required)
Rosend' Electr'c,,In
Ag
Principal f4
RON COFFEE, ' -I PRESIDENT
Federal Tnsnranre Company
Surety
/i /
By: fr‘r-t �
Barbara L. Shine,lAttorney-In-Fact
The above bond is accepted and approved this day of
, 19
i
1
Labor and Material Page 2 of 2
POWER OF ATTORNEY
"'.Know aft Men by these.Presents, That'the FEDERAL INSURANCE COMPANY, 15''Mountain View Road,Warren New,Jersey„an Indiana Corpora-
tion,,has
orpora-tion„has constituted and appointed, and does hereby constitute and appoint John W. 'Bowen., A. W. Brown, Jr.., Peggy Magoff in.,..
Debra Curry and Barbara L,. Shine of Pleasanton, California----
•
each its true:and lawful Attorney-in-Fact to.execute Under such designation in its:name and'to affix its'corporate seal toand deliver for arid on its behalf as surety
thereon or otherwise bonds of any of'the following classes, to-wit
1. Bonds'and Undertakings(other than Bail Bonds)filed in any matter or proceeding:in any Court,or filed with any Sheriff or Magistrate;for the doing
or not doing of anything specified'in such-Bond or'Undertaking.
2. Surety the;United States(*America'or any agency;thereof,including those required or',permitted under the laws or regulations relating to Customs
or:Internal Revenue License and Permit Bonds or other indemnity bonds under the laws,ordinances or regulations of any State,City,Town,,Village,Board'
or,other body or organization;',public or private;:bonds to Trahsportation Companies,Lost Instrument bonds;Lease bonds,;Workers'Compensation bonds;
Miscellaneous Surety bonds andrbonds on,behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.,
3. Bonds on behalf of contractors'in connection with bids;:proposals or'contracts.
In Witness Whereof the said FEDERAL INSURANCE COMPANY has pursuant to its By-Laws,caused these presents to be signed',by its Vice'President and Assistant Secretary and its corporate seal
to be hereto atlxed'nhis 1st day or May j9 90'
Corporate Seal
•
at;On
W �� rrr�iArt ; - FEDERAL INSURANCE COMPAN I
Ey
*
11112-1
NP'► � / ..w� __ Wee'President
Richard'D:O'Connor - _ &? '
Ric
Istant ' 1
Secretary
'STATE.OF NEW JERSEY 55:
County of Somerset. I
on this 1st day of 'May oS0 ,before me Personally mine Richard 0OCannenlomeknown andbYmeknowntobeAssistantSecretaryofthePEDERALINSURANCE
COMPANY,the corporation described..inand which executed the foregoing Power of.Attorney,and the'said Richard.D:0 Connor being byme duly sworn„did depose andlsaythat he is.Assistant'.Secretary.of'the
FEDERAL INSURANCE COMPANY and knows the corporate seal thereof;that the,seal affixed to the foregoing Power of.Attorney is such corporate seal and was thereto affixed by authority of the Bylaws:of said
Company,and thatihe'signed said Power of Attorney as Assistant Secretary of said Company by like authority:,and that he is acquainted with James D Dixon and knows him to bel the vice President of said Company..
and that the signaturd of said James D.Dixon subscribed to said Paver of Attorney is in the genuine handwritingg oisaid James D:.Dixon and was thereto subscribed by authority of said Bylaws and in:deponent'e presence.
Notarial E r p
Acknowledged and SWIM.tolbefore me.
U NOTARY' C. on'the date above written
- *----
mac
��t// `L r�
4 NICOLETTE T P Y! Notary Public'
`° 1 aEF 4' Notary Public, Slate of New Jersey,
CERTIFICATION No:,2066518
STATE OF NEW:JERSEY } ' ':Commission'Expires October 2; 1994
'County of Somerset
I,the undersigned..Assistant Secretary-of the FEDERAL INSURANCE COMPANY,dotlereby certity,tpai the follav'mg lt'e true excerpt from the B4Laws'stYhe said Company as adopted by its Boarder Directors.
.on March 2,1990 and thabthis By-Law'min full force and effect.
'ARrICLdXVIii.
Section 2.All bonds,undertakings,;contracts and other instruments other than aa above for and on behalf of the Company which it is authorized by law.or its charter to execute,may and shall be executed'
in,the name and on behalf of the Company either by the Chairman orthe Alice Chairman or theiPresident or a Vice President jointlywith the Secretaryior an Assistant'Secretary,uncle''their.respective
designations.except'that any one or more officers or attorneys in fact in any resolution of the Board of'0irenors or the Executive Committee:or,inany poweriol attorney executed as provided
for In 5e0110n'3'belox may executesiry such bond;:undertaking or other obligation as provided in such resolution or parasol attorney
Section a All powers of attorney for and on behalf of theCompany may and shall be executed in the name and on behalf of the Company either by the Charman or the ViceChairman or the President ora Vice President.
or,an Assistant Vice'President jointly with the Secretary or an Assistant Secretary under their respective desgnations The signature of such officers may be engraved,printed or lithographed The signature Bleach
of the following officersChairman,vice Chairman President any Vice,President any Assistant Vice President anySecretary any Assistant Secretary and the seal of the Company may be affxxedbyfacsimile to any
power of Morrow or to anycertificaterelating thereto appointing AssistantSecretaries or Attorneys-in-Factforpurposes only,of executing and attesting bons and undertakings and other obligatory in the nature
thereof,and:any such power of attorney or certificate;bearing such facsimile signature facsimile seatshaft be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding upon the Cotnpanywllh respect to any bonder undenak ng to which it is attached.''
I further codify that said FEDERAL INSURANCE COMPANY:is duly licensed to transact fidelity and surety,business it Bach of the States of the.Uoded States of America,Dlslrict of Columbia.Puerto Rico.and each of the:
Provinces of Canada wish the exception of Prince Edward Island;and is also duly licensed to become sole surety on bonds,undertakings els,permitted or required by fawn
d:the undersigned'Assistant Secretary of FEDERAL INSURANCE COMPANY,dp herebycertilyihelthe foregoing Parer of Attorney Min full force and effect
Gwen under myhand andthe seal of said Company at Warren N.J.this - 9th _. _ dayof Illy 09. 90
Co • at v
SNS ryCe y
In Aauawmseeratary
Liz .
*
4NDIAnN '
PRi Eo
Ruin 214 (Aw 490)OENERAL USA,
S.nuiirs urtuury or insurance companies
r ' r:
Ids.. 2.r, �,'�E.e RGfi:, p( So) 7615, l'2B'ren, NJ 07061-1615
(
FEDERAL INSURANCE COMPANY
BID BOND
Bond No. Amount $ 10% of Mt. Bid
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 of Ten Per Cent (10%) of the Total Mount Bid Dollars
($ ), 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 12th day of June
A. D. nineteen hundred and 1990.
WHEREAS, the Principal has submitted a bid, dated June 12; , 19 90 ,
for
Traffic Signal Modification, Valico Parkway @ Wolfe Road
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 faithful
performance of such contract, or in the event of the failure of the Principal to enter into such contract and give
such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the
amount specified in said bid and the amount for which the Obligee may legally contract with another party to per-
form the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be
null and void, otherwise to remain in full force and effect.
Rosendin Electric, Inc.
f . . Principal
By: t--4/� s'S
RON COFFEE, VIS E 'RESIDENT
FEDERAL INSURANCE COMPAN
By: ��d
'Barbara L. Shine, Attorney-in-Fact
Form 1502-0002(Rev.743) PRINTED
P-65356 (25M) DSA