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90-034 Bellicitti and Pellicciotti Construction Co. Inc.; McClellan Rd Storm Drain at Stevens Creek Boulevard; Project No. 91-102 CONTRACT FOR PUBLIC WORKS CONTRACT made on September 4, 1990 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and Bellicitti and Pellicciotti Construction Co. Inc. , hereinafter called the CONTRAI:iui. IT IS HEREBY AGREED by the parties as follows: 1. THE OONTRACP DOCUMENTS. The complete contract consists of the following contract documents: A. Plans and Specifications for Mc Clellan Rd. Storm @ Stevens Creek Project 91-102 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 CoiiLtuct 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 McClellan Rd. Storm @ Stevens Creek as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by: Mr. Bert J. Viskovich, Director of Public Works and adopted by the City, which Plans and Specifications are entitled, respectively, McClellan Rd. Storm @ Stevens Creek Project 91-102 and which Plans and Specifications are identified by the signatures of the parties to this Contract. 1 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. CoriLLact: 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: TH FTY TIBREE THOUSAND SIX HUNDRED EIGHTY DOLIARS AND NO/100 ($33,680.00) 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 ConLtactor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, said dispute shall be determined either by reference to the unit of prices, if applicable, or in accordance with the agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense, obtain all necessary permits and licenses, easements, etc., for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe arrega 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, 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 coiil.,_act 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. 2 8. CHANGES TO MEET ENVIRONMENTAL REQ ugNTS. The City shall have the "right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal Statutes and regulations after the Contract has been awarded or entered into. The Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9. TERMINATION, AMENDMENTS or MODIFICATIONS. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10. TIME FOR OLETTON. All work under this Contract shall be completed: 20 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 caucca 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. 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 frmn 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 CoxLcact, or does not conmience performance thereof within thirty days from the date of 3 ' 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 exr q 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 deqnribed in the 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 the City either by personal delivery thereof to the City Manager of the City, or by depositing the same in the United States mails, enclosed in a sealed envelope, addressed to the City, postage prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly authorized representative 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 at: P.O. BOX 606 SANTA CLARA, CA 95052 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 persons last communicated by him to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to became due thereunder, may be assigned by the Contractor without the prior written approval of the City. 4 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or prMPss 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 CotsLtactor shall also furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the cotlLLact price as cecnrity 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 race suit is brought upon the bond. 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 CoiiLcactor'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 out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of his employees employee at the site of the project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In signing this Contract the Contractor makes the following certification, required by Section 1861 of the Labor code: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract". 5 (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 frau 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 ads follows: 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 Property Damage Liability Insurance in an amount not less than $250,000.00. The City and its officers and employees, shall be named as additional insureds on any such'policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers and employees, shall be primary insurance to the full limits of liability of the policy and that if the City, or its officers and employees, have other insurance against a loss covered by such policy, such other insurance Shall be excess insurance only. 19. HOLD HARMLESS. The Contractor will save, keep, and hold harmless the City and all officers, employees, and agents thereof from all damages, costs, or expenses, in law or in equity, that may at any time arise or be set up because of personal injury or damage to property sustained by any person or persons by reason of, or in the course of the performance of said work, or by reason of any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation in consequence of the use in, on, or about said work, of any article or material supplied or installed under this Contract. Notwithstanding the above, the Contractor shall wherever it is neresary keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public. 20. 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 work done hereunder, and it is expressly stipulated that no laborer, workman, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Talnr Code of the State of California, work performed by employees of Contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight 6 hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, the Contractor shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which said laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of said sections of the Labor Code. The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar day and each calendar week by all laborers, workmen, and mechanics employed by him in connection with the work contemplated by this Contract, which record shall be open at all reasonable hours lot the inspection of the City of its officers or agents and to the Division of Labor Law Enforcement of the Department of Industrial Relations of the State of California. 21. WAGE RATES. Pursuant to the Labor Code of the State of California, or local law thereto applicable, the City has ascertained the general prevailing rate of per diem wages and rates for holidays and overtime in the locality in which this work is to be performed, for each craft, classification, or type of laborer, 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 basis: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Tabor 7 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. (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 addregs 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. (h) 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 to 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. 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(d) If assignment of an apprentice to any work performed under a public works contract would crate a condition which would jeopardize his life or the life, safety, or property of fellow employees of the public at large if the specific task to which the apprentice When such exemptions are granted to an organization which represents Contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards. A Contractor to whom the contract is awarded, or any subcontractor under him, who, in performing any of the work, under the coiladct, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the public work, to which fund or funds other Contractors in the area of the site of the public work are contributing, shall contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work in the same amount or upon the same basis and in the same manner as the other Contractors do, but where the trust fund administrators are unable to accept such funds, Contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The Contractor or subcontractor may add the amount of such contributions in computing his bid for the contract. The Division of Tatnr Standards Enforcement is authorized to enforce the payment of such contributions to the fund or funds as set forth in Section 227. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. Such stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime Contractor. All decisions of the joint apprenticeship committee under this section are subject to the provisions of Section 3081. (Amended by Stats. 1976, Ch. 1179) 10 1777.6 It shall be unlawful for an employer of a labor union to refuse to accept otherwise qualified employees as registered apprentices on any public works, 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 Contractor willfully fails to comply with the provisions of Section 1777.5, such Contractor shall: (1) Be denied the right to bid on any public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship; and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50,00) for each calendar day of. noncompliance. Notwithstanding the provisions of Section 1727, upon receipt of such a determination the awarding body shall withhold from contract progress payments then due or to became 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 section 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 awarding body is an entity other than the state. The interpretation and enforcement of Sections 1777.5 and 1777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats. 1978, Ch. 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 Co]1LLactor shall, as a penalty to the City, forfeit twenty-five ($25.00) for each calendar day, or portion thereof, for each laborer, workman, or mechanic paid less than the stipulated prevailing rates for any work done under this Contract by him or by any subcontractor under work done under this Contract by him or by any subcontractor under him; and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code. 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 minium, 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. 11 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23. PAYMENT. 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 ap ioval estimate of the work performed and materials incorporated in the project, during the preceding calendar month, by the Contractor, but the City will retain ten percent (10%) of the amount of each of said estimates until the expiration of thirty-five (35) days from the date of recording by the City of notice of acceptance of completion of all work covered by this Contract, if such notice be recorded within ten days after the acceptance of completion of such Contract as evidenced by resolution of its governing body; or, if such notice be not so recorded within ten days, until the expiration of ninety-five (95) days after the acceptance of completion of such work of improvement as evidenced by resolution of its governing body, at which time and not before, the City shall pay to the Contractor the whole of the remaining ten percent (10%) of said contract price so held back as provided; said certificates to be furnished by and obtained ftcun 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 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 carie 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 UTILISES. The City shall be responsible as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, located on the site of construction, but only if such public utilities are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in 12 relocating or repairing damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and junction boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract 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 premiums 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 and before acceptance. 26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event the Contractor unqualifiedly guarantaPs such lesser quality; and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the date of acceptance of completion of this Contract by the City, the Contractor will forthwith remedy such defects without cost to the City. 27. LIQUIDATED DAMAGES. Time shall be of the essence of this Contract. If the Contractor fails to complete, within the time fixed for such completion, the work hereinbefore mentioned and dpsp-ibed 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 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 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 excess. 28. ADDITIONAL PROVISIONS. None 13 CORPORATE • CKNOWLEDGMENT NO.202 rf!!!JJf-lIJl_�Y-/1 JJYI!!JJ!!J!! ''��//�� �j/per Jam' 1 ti-- a fl —���r� 19_`�before me, C State of � � / On this the day/ot S County o i ( , } SS. //J�I�YJ \ /fl 1 ti ti the undersigned Notary Public,personally appeared ti Lee /-7 )ibiees % ' o 0 �ersonaliy known to me o ❑ proved to me on the basis of satisfactory evidence ti . OFFICIAL SEAL toe the oafs)who executed the within instrument as o .1 g + MARY K. FORTIN J>°c/Prea."• or on behalf of the corporation therein ti o S `.{aey NOTARY PUBLIC — CALIFORNIA mad,and acknowledged to me that the corporation executed it. o 1 T!.? COUNTY OF SANTA CLARA ESS my hand a d off i I seal. oComm. Exp. August'16, 1991 _ o 0 0 0 Notary's Si lure o N 7100 119 - NATIONAL NOTARY ASSOCIATION•23012 Ventura Bled.•P.O.Box 4625•Woodland Hills,CA 91384 P. O. No. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITYERTDIO OF CUPI�c�"'-" / Approved as to form Mayor: City Attorney City Clerk: i(C ,a;t7 Date/City Clerk: `© ^3-7a OONIRACIOR: SELLIGITn E PPLLILC.IGTT% C0NSpcuLT -0''1" Ai-c`( tIvC. c By: 11111deeti l r Notary acknowledgment required. If a corporation, corporate seal and corporate notary acknowledgment required. Project Name and Number: McClellan Rd. Storm & Stevens Creek 91-102 Contractor's Name: Bellicitti and Pellicciotti Construction Co., Inc. Contractor's Address: P.O. Box 606, Santa Clara, CA 95052 Contract Amount: THIRTY THREE THOUSAND SIX HUNDRED EIGHTY DOLLARS AND NO/100 Contract Account Number: 120-6001-953 14 ST 8Z sseNsoQQ VT 2IIu7QQ • OE 2IIUInHAON 91 N Ui2AON Z BEBE EAON 6T 2 28QDO 9 2IIHOI.DO TZ muwiiaaS L 2IIHNIIJcrIS bZ JSfnil OT SSfI`Jf V LZ A'If1L £T A7IIL' 6Z SNf]L ST aNur T SNf1P 81 AVNI 4 AVI OZ 1UUdW 9 TEUdI £Z HOUVW 6 FDUVW £Z 2 VURUs3 6 xavassaa 9Z AUVDN'd' ZT A2iVfNVP Amami Nd 00:5 AVUDLi siva somas ?a81-° siva ado an sar,7,ialygb mamas SNHWAVd JSffiIIA02idNI rIVIIdVD 066T • A1:111:11. =CERTIFICATE OF- INSUR NCE I ISSUE DATE(MM/DD/YY) J n 0.912.01-9.0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Dempsey Insurance Serv. . ( 408 ) 985-0930 COMPANIES AFFORDING COVERAGE P 0 Box 6210 San Jose, CA 95150 COMPANY A Transcontinental Ins .Co . 95150 LETTER COMPANYB Transportation Ins . Co. INSURED LETTER Bellicitti & Pellicciotti COMPANYC Valley Forge Ins. Co. LETTER Construction Co. , Inc . P.O. Box 606 COMPANY The Zenith Santa Clara, CA 95052 LETTER D COMPANY E LETTER (COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE IPOLICV EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY 200832807B 06/13/90 06/13/91 GENERAL AGGREGATE $ 2,_00-0 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE$ 1_,000 CLAIMS MADE X OCCUR, PERSONAL&ADVERTISING INJURY I$ 1, 0_00. X I OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1 0.00 XII X, c. & U FIRE DAMAGE(Any one fire) $ 59 _ X Blanket Contractual MEDICAL EXPENSE(Any one person) $ 5 B AUTOMOBILE LIABILITY 000832808B 06/13/90 06/13/91 COMBINED SINGLE $ X ANY AUTO LIMIT 1_,_090 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ C EXCESS LIABILITY 900832809B 06/13/90 06/13/91EACH OCCUARENCE AGGREGATE XI ' $ $ OTHER THAN UMBRELLA FORM 1_, 000 1_,_000_ D WORKER'S COMPENSATION P0056503 09/08/90 09/08/91 STATUTORY I $ I 1_,0 00 (EACH ACCIDENT) AND $ I 1000 (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ I 1, 000 (DISEASE—EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Re: Tic Clellan Road Storm & Stevens Creek Project 91-102 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Cupertino EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL IMSErA OF*CXOS 10300 Torree MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Cupertino, CA 95014 l9AN-PCMILI K >UMSRfpq cNp EcAMISS g INOCmcx NKEN_YAfhOL.ANtiltk{Karl'IFKA}CGWOMPWp7F,XRS7Aa@6P X0144i0cefig XCAPWK4Sx AUTHORIZED REPRESENTATIVE ' f / n CI i • ACORD 25-S (11/89) „..` . ,:.. .. - - ©ACORD CORPORATION 1989 R • r • 1 ' POLICY NUMBER: 200832807 COMMERCIAL GENERAL LIABILITY Bellicitti & Pellicciotti Construction Co. , Inc. 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, its officers and employees 10300 Torree Cupertino, CA 95104 (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. This policy shall not be cancelled or materially changed without first giving thirty (130) days prior written notice to the City of Cupertino, except for nonpayment of premium (10 days). The insured provided herein is primary coverage to the City of Cupertino with respect to any insurance or self insurance programs maintained by the City, and no insurance held or owned by the City shall be called upon to contribute to a loss. The inclusion of more than one insured shall not operate: to impair the rights of one insured against another insured and the coverage afforded shall apply as though separate policy had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the company's liability. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 ❑ CORPORATE ACKNOWLEDGMENT / NO.202 r�!!lJlJJIJJf�/'lJ IJlJJJJJJJJ!!llJJJIJIJ!lJJIJJJJJJJlJJlIJJJJJJ'�IJJJlJ!lJJlJJl./IJJJlJJJJIJJJJJJJ State of .:.. ,/ ! On this the 4 day of I ',49,4e,c, s19 before me, / G 0 f County o J /% SS. / //�G(�� K / `' /. / ti o the undersigned Notary Public,personally appeared S 0 • �/C Al, S'ee(of/" ti o [B'personal ly known to me o �a &31IIIIIIIsneseMilli.•UI1111I•IIIIIIlIII111••1It1115111IAFF7 ❑ proved to me on the basis of satisfactory evidence `0 I0.El OFFICIAL SEAL a MARY K. FORTIN a to the mon(s)whoexecutedthewithininstrumentas O ,} NOTARY PUBLIC — CALIFORNIA m ��1��Qg' or on behalf of the corporation therein 9 COUNTY OF SAMA CLARA m "ed, nd acknowledged to me that the corporation executed it. o 1l Comm. Exp. August 16, 1991 r. S my hand and •ffic'. s al. 0 11 0 ®111111.111.111.114.•I•Ilie• 11 I•• I.111II911111III1111111110 Notary's Sign Ire _ J!!!!J!J!!lJJJlJl1S --— NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4025•Woodland Hills,CA 91364 STATE OF CALIFORNIA ss f COUNTY OF Santa Clara On this 20 dayof Sept. 1990 , in the year , before me, the • undersigned Notary Public, in and for the State of California, personally • appeared Christie Piert `' personally known to me (or proven to me on the basis of satisfactory • titit.1.`,�-�,,. .. . .�.�l�.••°00.`�.`.` evidence) to be the person who executed the written instrument as Attorney- OFRCIN.SU]. / In-Fact on behalf of the Corporation therein named and acknowledged to me • r 1' JOANNEMAUSETH that the Corporation executed it. f 6.-y py f ..1" I ncTAaYPU6IIC•SIATECFCALIFOIUSA r 1 Si1NTAIXAAACOUMY r Given and r my hand and the Notary Seal this 20 day of Sept. .•: [ r Bond No.CA-113705 Premium: $842.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, BELLICITTI AND PELLICCIOTTI CONSTRUCTION CO. , INC. as Principal and MERCHANTS BONDING COMPANY (MUTUAL) as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Thirty-three thousand six hundred eighty and no/100ths ---- Dollars ($ 33,680.00 ******* ) 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 Sept. 4, 1990 with the Obligee to.do and“perform..the following work to-wit: McClellan Rd. Storm at Stevens Creek Project 91-102. NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 20 day of September , 1990 . (To be signed by Principal and Surety and acknowledgment.) _ Bellicitti nd Pellicciotti Construct C », In Principal a e BY: A' Merchants Bonding Company (Mutual) ys `�aq ' `' kSurety • rzj P, • : jesP _ Att. ney-in-Fact Christie Piert oThe above bond is accepted and ,ved this day of , 19 , Bond No. CA-113705 Premium: Incl. in Pert. Bond LABOR AND MATERIAL BOND - KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City-of Cupertino, State of California, and BELLICITTI AND PELLICCIOTTI CONSTRUCTION CO. . INC. hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and MERCHANTS BONDING COMPANY (MUTUAL) 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 Thirty-three thousand sik hundred eighty and no/100ths Dollars • -- • . - ($ 33,680.00 ***** ) , 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. CORPORATE ACKNOWLEDGMENT / NO.202 • State of L./ S i i /C/ti - On this the 24 day of t- _a".4_,.. 19 ` �t3efore me, County of / LtS- �} SS. pa/ /\ , 1 the undersigned/Notary Public,personally appeared o o tee_ ii. friefiff/o77-7 . C1 personally known to me ®eecnemoweoueaumoeomeoe4neunnmeeeuunuee O proved to me on the basis of satisfactory evidence OFFICIAL SEAL to •- thepr • (s)who executed the within instrument as ' o 1; MARY K. FORTIN / �� • or on behalf of the corporation therein i L� • NOTARY PUBLIC — CALIFORNIA •: -•ed :nd acknowledged to me that the corporation executed it. _ frsieR �' COUNTY OF SANTA CLARA ITIS my hand and •fficlal s:�l. Comm. Exp. August 16, 1991 // ' eILe111eee1AFeeeeelllleleeele9e1e114LFIeeeYell II aaleeFe© t / S7 Notary's Sign re ��v ✓✓✓✓�/�L/������ t -tiil 7120 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4825•Woodland HIlla,CA 91384 ' STATE OF CALIFORNIA ss • r COUNTY OF Santa Clara On this 20 day of Sept. in the year 1990 , before me, the undersigned Notary Public, in and for the State of California, personally - appeared _ Christie Piert I. personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney- `\\`11u,�,,C.,_, _�.a.,r.c' —'ceoc<-.^c. ; In-Fact on behalf of the Corporation therein named and acknowledged to me l / ^� OFFICIAL SEAL that the Corporation executed it. �l' 'j\- JOANNEMAUSETH 20 Sept. r ,�. NOTARY PUBLIC-STATE OF caum m Given under my hand and the Notary Seal this day of t 4� Sri SAMACLAAACOUt11Y l A.D. 19_90 ,z.;Y, MpCCnun.FxpllesMay17,1991 f My Commission expires. . 5/17/91 • ) � i�1 FA.ILLL aft A A IIS r ICW Cal 315R(04/66) / Notary Public . , ' Latior 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 20 day of September 199U Bellicitti and Pellicciotti Construction Comany, Inc. (To be signed by Principal Principal � ��// and Surety. Notary BY: acknowledgments required.) ,J " 4 Merchants BondiCompany (Mutual) i? 9 P y { Surety BYhtY - - SYY�P'1� yqL4l{tel, Rysa # � Lac • �� � 1 f stX - # �"o1, , 53 Attorney-in-Fact-Christie Piert . j c lar _ .. . The above bond is accepted and approved this day of , 19 • • 6/17/85 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents,that the MERCHANTS BONDING COMPANY(Mutual),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed, and does by these presents make, constitute and appoint JOANNE MAUSETH CHRISTIE PIERT of CAMPBELL and State of CA its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign,execute, acknowledge and deliver in its behalf as surety: * * * * * * FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS * * * * * * and to bind the MERCHANTS BONDING COMPANY(Mutual)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(Mutual),and all the acts of said Attorney,pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(Mutual). ARTICLE 2, SECTION 6k—The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 2,SECTION 6B.—The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,andsuch signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(Mutual)has caused these presents to be signed by its Vice President and Executive Vice President, and its corporate seal to be hereto affixed, this 4th day of May A.D., 19 90 Attest: MERCHANTS BONDING COMPANY(Mutual) 'p\...Co•A . r/ 1 By „e; .:fc3 /L Vice President •y-/i,ve 93e Presd��••yv. STATE OF IOWA •,g6 ••-• •. •.4‘••• COUNTY OF POLK ss. •• . K1•' • • On this 4th day of jv]a • 19 90 , before me appeared M.J. Long and Rodney Bliss III,to me personally known,who being by me duty sworn did say that they are Vice President and Executive Vice President respectively of the MERCHANTS BONDING COMPANY(Mutual),the corporation described in the foregoing instrument,and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal,at the City of Des Moines, Iowa the day and year first above written. / t�/fL.Qp o'•rO G•aRU,1,• •'• � � O , °y •• •• 3 m • NOlary Public.Polk County.Iowa • • IOWA My Commission Expires • 8-4-92 •▪ 0•••- r• P ; STATE OF IOWA •• rq .....I A�5F' ' COUNTY OF POLK ss. - •••••'•' • I,M.J.Long,Vice President of the MERCHANTS BONDING COMPANY(Mutual),do hereby certify Mge above and foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by said MEFCkbT$&OjNDING COMPANY(Mutual),which is still in force and effect. •�4g.•P U•.�q•• In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company,at Campbe],jaa,.C�P 9,%•:‘", •this 20 day of September 19, 917 • "•2 int ' 1t. • •% [y --- -• . This power of attorney expires_CONTINUOUS ••