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80-049 Regnart Storm Drain Project #81-07 - Furlo & Furlos CITY OF CUPERTINO INTERDEPARTMENTAL To Dorothy Cornelius,_ City Clerk Our File: 97,509.2 Date October 23, 19$0 From Bert J. Viskovich Director of Public Works CI - Information MESSAGE: Regnart Storm Drain Project 81-07 - Furlo and Furlo, Contractor E=:1 Implement =1 InvestigateTransmitted are the following documents: _ L=1 Discuss 1. Three sets of Contract for signatures of City officials. Z-1 See me Please return one r-1 Reply copy to this office and forward a copy to the Contractor at 41D Sunnyoaks Avenue, Campbell, Ca. 9500$. One copy each of Faithful Performance Bond and Labor and Material Bond, Indemnity Company of California, Bond No. 617304P. J. Certificate of Insurance issued Oct. 21, 19$0. sm N SIGNED: DATE Send parts 1 and 2, retain part 3 for follow-up; part 2 to be returned with reply Cifil of e 10300 Torre Avenue Cupertino, California 95014 Telephone (408) 252-4505 October 31, 1980 Fu;rlo and Furl o 415 Sunnyoaks Avenue Campbell, CA 95008 CONTRACT FOR PUBLIC WORK - REONART STORM DRAIN, 'PROJECT 81=07 We are forwarding to you for your files a fully executed copy of the Contract for Public Work between the City of Cupertino and_Furlo and Furlo, Regnart Storm Drain, Project 81-07. Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Public Works f a CONTRACT Fot M RK ^ONTO GT ^-ade on October 31; 1980 0' by the CITY OF C't, PERTIVO, a dimunicipal corporation of the State Of California., hereinafter called the ivy, and ! FURLO AND FURLO :herein after called the Contractor. IT _ IS HEREBY AGREED by the parities as follaws ; lo. T1ie.....Cont.L?C't 'JCI:��entS The �`sit.;plQtre....Conl,:.r,'1'.c.v... con— sists of t"e fo? lowj r.Q contract documents a. The plans and specifications entitled, "Regnart Storm Drain-Project 81-07". b. --Various bond and insurance requirements. c. Bid proposal attached hereto as "Exhibit AY. Any and all oblit ations of the Ci-7 and the Con "Tactor are fully set forth and described tharein. All of the above documents dre intended to coooe rat= so that any work- called for 1n_ one and not mentioned ira the o .-aer., _ Or Vice _ =7ersa., is to be executed the sa.:re as -i--:' ment-1-one-d In al1 c-f said documents. `I""he documents comprising CJ/M'D e"Gl CO —fir uract. are somaetlb:vs.... h�.��~e.�.L+al tw6.l' :Z'e. l.�i Li .��.� t� �a7 the Contract n.v i'i1. �.L L/C!t,. �u® as rents. .In carp of conflict between the Plans and Spec-; f1.,ati ons on the one hand and this Contract_ on the other) the .1lans and Speci r'icztions sha11 prevail. 2. The j.T r':c, The Contracto.- agrees to furs l s'n all o8., the tools, equipment- , appara -us, facilities, , " aDor, _ �ranvoot,t a- tl;:! 3 and i al .necessa-°y :.o perform and co'm-plete in a moo '. Jric:7-a`_lJ'' e' i:tL'nner the... ,,:c-L1.1f'° rt S.rl.">s o .. f REGNART STORM DRAIN, PROJECT 81-07 e as called. for, and in the manner desi jnated in, and in strict conformity ;r; w;n, the Plans and Specifications prepared by the following named person. 'd Bert J.. Viskovich, Director of Public Works and adopted by the -City, which Plans and Specifications are en- titled, respectively , Regnart Storm Drain, Project 81-07 L and w�.ich Plans and Specifications are identified by the s Qna tures of 'the par ties to this Contract. _ It is understood a_nd agreed that said tools, equipment, apparatus, facilities, labor, trarrsnortat on, and material shall be furnished, and t:�at_ said ;cork shall be performed and ccnuleted as required in saJ d Plans and Specifications under the sole direction .and control of the Contractor, but subject to the inspection and approval of the City, or its representative. The City hereby desil-nates as its representative for the purpose of this Contract the _follo°;rin named person: Bert J. Viskovich, Director -of Public Works 3. Contract Price. 71he City agrees to pay, and the Contractor agrees to accept, in full payment for thee_ work above ct e d t O �7 e dCI ne , t ne s Dill o f_ FOUR THOUSAND SEVEN HUNDRED SIX DOLLARS I AND TWENTY—SEVEN GENTS ($4,706.27) subject to additions and deductions as provided in the Ccnt-racu Documents. _ 4 Disputes Pertaining to aayr.ent for !.'fork. Should any dispute arise respecting the true value of any work done, • L of any ,cork oma meted, or of any extra cork which 'the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performancc_of_tnis contract, said dispute shall be determined either by reference to the writ of prices, if applicable, or in accordance_ .•rich the agreement- of the parties, or in accordance with the rules of the American Arbitration_Associationif the parties are unable to agree, 5. Perna t -s -,Co-m,,�1�-ince ::, Lh r.aw. The Contractor shall at his e: pease, obtain all nec sSary permits and licenses, ease- ments, etc. , for the construction of the project, give all neces- sary noti c`s , pay all fees required by laa, and comply with all lags, ordinances , rules and regule ti cns relatin to tri aor�: CD and to _ the presery :tion of the public health and safety. 6. Insbection by the CiEI-7. The Contractor shall at all times maintain prose: facilities and ur o%ride safe access for inspection by t? -re City to all parts of the .-cork, and to the shops -2- .vherein the work is in preparation. Where the Specifications require wor?k, to be specially tested .or approved,it shall not be tested or covered up wit;±out timely notice to the City of its readiness for inspectio land without the approval thereof or consent thereto by the latter, -._Should any such work be covered up without such nouice, 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 Chanes. Should the City at: any time during the or,og-ess of the work require any alterations, deviations, additions or omissions from the Snci- fications or Plans or other Contract Documents, it shall have ',-he right to do so, and the same shall in no dray affect or make void the contract, but the cost or value thereof will be added 4. to, or deducted from, the amount of tie contract price, as the case maybe, by a fair and reasonable valuation, which valuation snail be determined either by reference to the unit prices, if azo icable, or in accordance with tTle agreement of the parties, or in accordance with the rules of the American Arbitration Assocation if the parties are unable to agree. No extra ...or.ic shall be performed or change be made except by 'a written order from the City, duly authorized by resolution of its governing body, a -id by all agencies whose approval is required by lair, stating, that the extra work or chan-e is authorized, and no claim for an addition to the contract _sun shall Jv val:Ld unless so order::d. 8. Chan: -:::es to meet Environmental Reou4—em-e.nts, Th City shall have the right to mate changes in this Contract during the course of construction to •bri ng the completed im- provements into compliance with environ—mental requirements or standards established by state and federal statutes and res-ula- tions aftc-r the Contract has been awarded or entered into. mne Contractor shall be paid for by such changes either by reference to the unit prices, if applicable, or in accordance with _t e a reement of the parties, or in accordance with the rules of. the Amerr can_ Arbitration Association if the parities are unable to agree. 9. Termination, Amendments or Modifi cations. This grace m ay b e t erm g --need or modifie. w h the mutuaJ- C '^Se?"t 0o the parties. The c'JP,..pensaticn payable, if any, for such termination, amendment or modificatio^s, _shall be _deter- mined either by reference to the unit price, if applicable, or in accordance with the ac reeme"nt of the parties, or in accordance with t -e rules of the American Arbitration ,association If the part; es are unable to a tree 10Time for Cor°noletion. All work under this Contract shall be complet: d before the expiration of fifteen _(15)_working days from the approval of this contract. If the ' Contractor shall be delayed in the -;ork by the aces or neglect of tile City. or its employees , or those under it by contract", or other-a-ise, or by changes ordered in tne work or by strikes, lockouts by others, fire, -n re, unusual delay in trns- uortation, unavoidable casualties or any causes the Con- tractor's control, or by delay aull-horil zed by the City, or by any cause which the City shall determine justifies the delay, then the time of comaletion shall be extended accordin:rly. This paragraph does not exclude the recovery of da:r,- ages for delay by either party under other provisions in the Contract Documents. 11. Inspection a n d Testing of "-1 ant e- r i a 1 s The Con- tract -or 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 rnay arrange for mill or factory inspection and testing of the samne, if the City requests such notice from the Contractor. 12. T , r-,.1 in at i on _f or' Breach, etc. I£ the Contractbr should be adjud,�ed a bankrupt or if he should malc-eneral ,:e a ZD CD assignment for the benefit of his creditors, or if a receiver should be appointed.on account of his ii.-Isolvency, or if he or any of his subcontractors should violate any of the provisions of the , Contract., the City may serve uritt-en notice upon him and f its -inters-ion to terminate "he Contract, such his surety o 7 A. U L. 1, notice to contain the reasons for such intention to terminate the Contract, and, unless i,.rit.h-in ten days after Ir servng,of such notice such violation shall cease and satisfactory arrangements for correction thereof be made,, +.-,'-.e Contract shall, upon the expiration of said 'Wen days, cease and terMlinate. 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 rig -'It to take over and perform the Contract; pro- vided, hol.-rever, that, if the surety ;iithin fifteen days aft.-mr the servin- uocn it of notice ,oL' t-ermination does not ;i�ve the City written notice of its intention to take over and perform the Contract, or does not coaLmence performance thereof within thirty days 'Lrc-r.q the dale of the servinx of such notice, the City may take over the work and prosecute the same to com.pletion i 1.1 4 1 L, Q U - by contract, or by any other method it may deem advisable, for the account and at the expense of ,he Contractor, and the Con- -or and ?iis surety shay 1 _- City for any ex- ract 1� al- be liable to th L Cess cost occasioned by the City tinereby, and in such event the City may, -without liability for so doing, take possession of, and utilize i -n cornooletin- the work. such materials, appliances, pplant and other property belonging to th�� Contractcr as may be CD on the site of the aorlel- and necessary therefor. 13. The City Is 'Ri to t!_i_ t h1ho 1 d Ce rt a---:. n r,4- -mo unt s and .lace A o o 1 at, i o, i h e of . in addiition to the amour.t 1;ile I City may ret -Ain_ under Para raph 21 of this Contract until t e final completion and acceptance of all work covered by the Con- tract . ontract, the City may ,.iithhold from payment to the Contractor such an amount or amounts as `in its judQ:ient may be necessary to pay gust claims aga nst the Contractor or any subcontractors for labor and services rendered and materials furnished in and about the wor c. The City may apply such withheld amount or amounts to the payment of such claims in its discretion. In so doi nc- t. -e City shall be deemed the acent of the Contractor, and any payment so made by the City shah be considered, as a payment :jade under the Contract-- by the City to the Contractor, and the Ci.tir s. all not be liable to the Contractor for any such payment made in good faith. Such payment may be made without prior judicial determination nation of thb claim or claims. 14. Notice and SeInviCe Thereof. any notice from one party to the other under the Contract shall_ be _ in writing-, and shall be dated and signed either by the` party giving such not Lce, or by a duly authorized representative of such party. Any__such_ notice shall not be effective for any purpose whatsoever unless served in the �ollo:`(�nj manner: (a) if bili notice is =3..Ven t0 the City, -elt her by personal delivery thereof to the City Olana- ger 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 del-ivery thereof to the Contrac- tor, or to his _ duly authorized representative at the silte of the project, or by deposit, ing_the sane in the United States Nails,__ enclosed in a sealed envelope, addressed to said Contractor at 415 Sunnyoaks Avenue Campbell, California 95008 postage prepaid and certified, and (c) if the notice is given to the surety or any other person, eitherbypersonal delivery to such surety or' other perrscn, or by depositing the same _in the United States nails, enclosed in a sealed envelope, addressed to such surety or person, as the case may be, at the address of such surety or person last comimunicated by him to the party giving the notice., postale prepaid and certified, 15. AssiZs,nme nt off Contract. Neither the ContraCt , eon any part thereof, nor moneys due or to become due thereunder-, may be assigned by _the Contractor without the _prior written ap- proval of the City.__ 16. Compliance with Specifications of MLateri als. hen - ever in the Specifications, any material or process is indicated or specified by patent or pro ^i star=,1 name, or by name of manu- facturer, such Specifications must be met by Contractor, unless the 'City a reel in writin to some other material, process _or article offered by Contractor which is equal in all respects to the one specified. -5- 17. Contract Seh-urity. The Contractor shall furnish a surety bond in an amount at I-ast equal to one hundred oer- cant (100,'�;') of the contract price as security for the PaiLh-,,l furnish n- performance.of this Contract. The Contractor shall also I ' , s a senarate surety; bond in an amount at least equal to one -hu�n._�n _Ired percent (100',';) of the contract price as security for the payment of all persons for furnishing m-aterials, provisions, pr, zo%render3 or other supplies, used in, upon, for or about the performance of the work. Con'Coracted to be 'done, or for performing any ljoric or labor 'thereor. of any kind, and for the payment o= f amounts due under the UnemploYm-env Insurance Code -111itti respect L-0 such work or labor in connection T.vith this Contract, and for the oay- ment of a reasonable at""orney's fee to be fixed by the court, in case suit is brougiat upon the bond. 18. Insurance. The Contractor shall not co-r,-_mence'wor!_ under this Contract until he has obtained all insurance requifred under this part—raoh and such insurance has been appy owed by the CD- . - City, nor shall the Contractor al!oT,.r any subcontra__ i Ju Y ctor to com- me n c e .-I o r.1,1 on his subcontract until all similar Insurance re- quired of the subcontract -or has been so obtained and approved. The Contractor shall furn-ish the Citly with satisfactory prop -1 of- the_ carriage of insurance reauired, and there shall be a L specific contractual liability e'nalorsement extendin& the Con- tractor's coverage to include the contractual liability assumed by thAe Contractor oursuant to this Contract and particularly 'ParaCg)raph 19 hereo-fAny policy of insurance required off the Contractor under '-,his Contract shall also contain an endorsement u Drovidin:, that thirty' (30) days' notice must be given in writin- j U U to the City of a_ny pendin- chan-.-- in the limits of liability or of any cancellation or modification of the policy. (a) Wor1cmen's Compensation Insurance and Em- ployer's Liability ins_u_rance. T -,'-ie Contractor shall z ake out and maintain during- the life of this Contract ',,,Ior, men's Compen- CD this Bat on Insurance and Employer's Liability Insurance for all" o 'L his employees e=10yed at the site of the project and, in case any aork is sublet, the Contractor shall require the subcontrac- tor similarly to provide' Workmen Is Compensation T nsurance and Employer's Liability Insurance for all of the latter's employees unless such *eniiployees are covered by the protection afforded employees by the Contractor. In signing this Contract the Clontr-actor mLces the fol- lo,vlin® certification, required by Section 1861 of the Labor Code: am aware of the provisions of Section 3700 of the Labor Code requJre every em- ployer to be insured agains'u- liability for workmeh's compensation or to undertake self- insurance in accordance ".,rith t."le provisions of the code, and I twill comply with such provisions -6- befor3 commencing the performance of the work of this Cont ^,"act. 11 (b) Liability Insurance. The ConWract'o.r shall taxde out anaa .';maintain durin7 the life of this Contract such Bodily Injury Liability and Property Damae Liability Insuran ce as shall p-rotect him and any subcontractor performing.gory. cov- ered by this Contract from claims for daamages for bodily injury, includin acciental death, as well as from clans for property damage, in',cluding third -party property damage, to include cov= era -e on property in the care, custody and control of the Con— tractor and also in cluding what are com-�only_ known as the ted, C, and U" exclusions (having to do ;rit, h blasting, collapse, and underground property damage) , which may arise from Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or in- directly employed by either of then and the amounts of such in- surance shall be as folloTvrs Bodily Injury Liability Insurance in _ an amount" _ not less than $ 300,000.00 for injuries, includir.� accidental death, to any one person, and, subject to the same limit for each person, in an amount not less than $ 500,000.00 , on account of one accident , and Property Da' -..ac, -,Y Liability Insurance in an amount not less than 200, .000 . The C_.ty and its officers and em2pl000000 oyees, shall_ be named, as additional insureds on any such policies of insurance, which shall also conta? n a provision that the _i n urance 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, suchotherinsurance shall be ex- cess insurance only. (c) Fire Insurance. The s 'te cut and maintain' for t.ze oeneiit of both parties his Contr° ,` insurance covering loss by fir, extend- coverage_en- dorsemen t P----�� (.-iirdstor", hai 1 , exP10S10 , ri of, -'lot a'tet"1di �- - civil comn tion aircraft , V=.._cles, smoke) , and van- dalism and malicious mis f up �� e entire structure on .,ihich the :-nor_ o this Contract_i t In done_ to one hundred percent___ (1C0;�) of theinsurabl a.lue thereof. Proper evidence of such .insurance shall to the . If the - City provides he fire_ insurance hereundLr, and Contractor desire oader protection than _the _ perils of loss by ; l ex- t ed Covera e endorsement.: _perils, and vandalism and malicic Supply in or ex, as the case may be, in the bran:�. -7- iA2 ,will attempt to obtain such brow,,'::," • 19. Hold Harmless. The Contractor ;,rill save �reea, anµ hold harm.ess the City and all officers, employees, anda,,:ents thereof from all damaGes, costs, or expenses, in law or in equity, that may at any time arise or be set* up because_ of personal In - Jury or damage -to property sustained by any person or persons by reason of, or in the course of the performance of said_wor? or by reason of any infringement, or alleged infringement of t o patent ri­hds of any person or persons , firm or corporation rn consequence_ of he use in, on, or about said t•;ori., of any article or material supplied or installed under this Contract.ilot:rith- st_andinz the above, the Contractor shall wherever it is necessary keep and maintain at his sole cost and expense during the course of his operations under this Contract -such Te arnings, signs, and barriers as may be required to protect the -public. The provisions of the precadin, 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 durin- any one calendar weei; shall constitute the maximum .hours of service upon_ all ,cork done hereunder, and it is expressly, stipulated that no laborer, workman, or mechanic ermloyed_at any time by the Contractor or by any subcontractor or subcon4rac tors under t1ki s Contract, uoon the ;,or'.t or upon any part of the ,rock_ contemplated by this Con- tract 9 shall be rreauired or per; itt®d to work thereon _ilo r e than eight hours during any one calendar day, and forty hours during any one -calendar weezc, except, as provided by Section 131:5 of the Labor Code ofthe State of California, worsc performed by employees of contractors in excess of eight hours per day and forty hours du -ring any one week shall be permitted upon public Mork upon compensation for all hours worked in excess c, ei.;Lzt 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 viol at'ion ,of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions where- of are deemed to be incorporated herein, the Contractor shal1 ,forfeit _ as a penalty to the City, twenty-five Dollars (44)25.000) for each laborer, workman., or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor`under, this Contract, for each calendar day during .-ihi ch said laborer - workman, or mechanic is required or permitted to .iork more than eight hours in any one calendar day and forty hours in any one calendar ;-ieek in violation of the provisions of said Sections of the Labor Code. The Contractor, and each subcontractor, shall steep an accurate record sho,;ii n�; the names of and actual hours:/ O _ r" 'aC o d each calendar day and each calendar geek by all laborers, work- 8 . ,:yen, and mechanics eImployed by him in connection with the :•rork contemplated by this Contract , 'hien record shall_ be openat all reasonable hours to the inspection of the City or its off- vers ar agents and to the Division of Labor La -.,i Enforcement of the Department of industrial' Relations of the State of California, 21. _Was,e Rates. Pursuant to the Labor Code of the State of California, or local la:•r_ thereto applicable, the City has ascertained 'the :general orevail ing rate of perdiem Vra-es and rates for holidays and overtime work in the locali ,r in i-rhichthis work is to be oerformed, for each craft, classif ca tion; or type of laborer, workman, or mechanic needed to execute this Contract The ' prevailin- :rag°es so determa ned ars set _ for^t'.� it the Specifications and maade_a part hereof. Neither the notice invitin;z bids nor this Contract shall constitute a representation of fact as to the nrevailin- wad rates upon which the Contractor or anv subcontractor under him may base any claim against_ thz Cis It shall be mandatory upon the Contractor, and upon any subcontractor under him, to pay not less than the said spe cified rates to all laborers, Jor'.r�en, and mechanics employe in the execution.of the Contract. It is further expressly sti oulated that the Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25.00) for each calendar day, o.° porticn 4:tareo.:, -fa, each laborer, aorkman, or mechanic oar d les: than the. stipulat ed orevail.in-- rates for any worr: done under - this Contract by hien or by any subcontractor underr him -and Con- tractor_aC.Dc-rees to_ comp'_ -y with all provisions of Section 1775 of the Labor Code In cane 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, Supervisor) adm. inistrat ve, clerical, or other non -manual viorkers as such) . for which no minimum _ ?gage rate is herein specifie��; the wilt=:mac-• tar shall immediately notify the Ci�y, r -.ri oro. �r there- ., ..... '- , :r_�o l mptl� d 'ter determine the prevail.i.nZ ` rate for such additional trade . r "� or occupation --anal shall -furnish t:ne Contractor- t•rith the minimu, rate based thereon. The mainimum rage taus furnished shall be applicable as a minimum for such trade or occupation "`-ora the time of the initial eine oyment; of the person affected and during 111 -he _ contirnuance _ of such em , ov1 meat. 2z. Accident Prevention. Precaution shall be exer- cised at all times for the protection of persons (incl,,,, -,:.n.,- em. - o ogees) and orooerty. The safety provisions of applicable laws, buildin ; and construction codes shall be observed, Machilnerl , equipment, and ot% er hazards shall be guarded _ or eliminated in accordance rite the safety provisions of the Construcuion Safety Orders_ �ssu d bar_ ti.e Industrial Acelcivnt Coin:.,lssicn_ of the State of California. 23. Pallment. Not later than the 30tH day of each � calendar month, the City will make p;artial' payment to the Co:1- tractor on the basis of a_ duly_'ce.rtified approval estimate of the work performed and materials incorporated in the project, durinz the _ cr ecedi ng calendar month, by the Contractor, but the City will retain ten percent ( 10 a) of the (J 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 co:tpletion of all irorl covered by this Contract, if such notice be recorded within ten days after the acceotance o -f completion of such Contract as evidenced' by resolution of its Oovernin, body;__ or, if such notice be not so recorded trithi ten days, until the expiration of ninety-five (95) days after the acceptance of completion of such :•cork of improvement as evi- denced by resolution. of its governing body, at which time and not before, the City shall pay to the Contractor the chole of the remain in .-I ten percent ( l0 %) of said contract L_ price so held back as provided, said certificates to be furnished by and obtained from the City's representative _statin- __that the payment or installment is due upon the basis cf work completed and the amount then due and the City's representative shall, be- for.- the 15th of each month, deliver said certificates under L his :hand to tele City, or in lieu of such certificates, shall de- liver to the Contractor, in writing, under his hand, a -just and true reason for not i ssui nc, the certificates , ncludin _a state Mlanl. of the - defects -', if any, to be remedied, to entitle the Contractor to 4::c Certr.l�;atc or certificates 1n event of 'Che failureof the _City's representative to furnish and deliver said certificates or any of them,. or in lieu thereof, the uritinrr_ a_oresaid. .•rithin ten (10) days after the times aforesaid, and after written demand has been made uoon him for the same, the Contractor may file_ demand with the City, and, in event said certificates are not furnished within ten (10) days thereafter, the _ same shall become due and payable In case the City's representative delivers the writin aforesaid, in lieu of the certificates, then a compliance by the Contractor ;rich the reouirements 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 acre stance of the ?work done up to the time of such payments, but the entire .%rork is to besub je t=d to the inspection and approval of tine City,_ and subject_ to ,qnat- ever inspection and approval may be required by lac•r. 24. Protection of Public Utilities. The _:City shall be responsible, as bet'.1een the DB.r les to this Contract only, , fCiZ' the removal, relocation, or protection of existing public uti_li- -ies, if any, located on the site of construction, but only if such public utilities are not id4nti:fied by the City in the Plans and Specifications made a part of the invitation for bias. 10 Ine City shall compensate the Contractor for costs incurred in relocating or repairing damage to utility facilities not indi- cated in the'Plans and Specifications, other than service lat- erals when the presence of such utilities on the cons t rtict ion site can be inferred from the presence of such visible facili--: ties as buildings, and mi eters and junction bb:,es on, or adja- cent to., the construction site. The Contractor shall not be assessed liquidated damages for delay in completion of the Con- -M tract project, as provided in Paragraph 27 below, when such de- lay is caused by the failure of the City, or other public util-,,.',.-,y, to provide for the removal or relocation of the existing utility facilities. If the Contractor while oerformdng, the Contract dis- covers utility facilities not identified by the City in the Con- tract Plans and Sped ficat-ions, the service laterals as herein- above described he shall Immediately notify the City in writi.1c". 25. Contractor's Responsibility for the The Contractor shall not be resuonsible for tne cost of reoairin -z- or restoring damage to the work caused by an act of God. NEVER- TOELESS, the Contractor shall., if the insurance premium is a V - seDar-ate bid ite.m., obtain the insurance to indemnify the City for any da--,,_ac;e to the work caused by an aqt of God. "Acts of God" shall include only the following occurrences o2: conditions and eff"ects: earthquakes and tidal Haves, when such oc--u4-rences or conditions and effects have been proclaimed a disaster or stale of emergency by the Gnvernor of .the State of California or by tfie President of the United States, or were of a ma-nitude at the site of the ,,torlc sufficlent to have causcd a oroclamatior, of disaster or state of emergency having occurred in a populated Z> area.- Subject to the fore-oin49 the City shall not, in any ..ray or manner, be answerable or suffer loss, da.mao;e, expense or liability for any loss or damage that may happen to said build in 's. work., or equipment, or any part thereof, or in., on, or about. the same during its construction and before acceptance. 2.6. Contractor's Guarantee. The Contractor una uali- fiedli, cruarantees the first-class quality of all workmanship and- "rJ - of all materials, apparatus , and equipment used or installed by him or by any subcontractor 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 .-ihich event the Contractor unqualifiedly guarantees such 'Lesser quality; and that the work as performed by the Contractor will conforrm J the Plans and Specifications or any ...,ritten authorised de'viat-ons therefrom. In case of any defect in work, materials, apparatus or equirri-ent, 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 defect or d�fectws without cost to the City. 27. Liquidated Damages. Tim -e shall be of the essence of this Contract.. If the Contractor fails to complete, within the time fixed__ for such completion,_ the aork herainbefore men- tioned and described and hereby contracted to be done and per formed, he shall become liable to the City for liquidated dam - a: -es in the sum of dollars ($' °50.00 ), for each and every day during uh ciz said work shall remain uncompleted beyond such time for commle tion or unla-�rful extension thereof, which sum shall be nresu �zd to be the amount of damage therebysustained by the City since it ;could be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be de- ducted b the City from moneys due the Contractor hereunder, or his assi-ns and successors at the time of completion, and the Contractor hereunder, or hisassi gn.s and successors at the time of completion, and his sureties shall be liable to the City for any excess. 28. Additional Provisions. p -12- UlTllEsS 1. Contr2ct , l� 1.4 EOF, the tdrzttrean FlicP-te, -he have da , and Year ':1e 6 eina6 tris APPROVED AS m 1."e CITE OF cuPE�Tx�,rO corporation .�±urycipai Ca3ifor. • Oj y`�Q S, -a- sC w C� Cy tto ey the 'Ci ty2 , _tiara n Called By ATTEST; •` ayor f City C?er� ` �l ttt E_ ` herein cal ` C n tra c y s By / r ' N Notaryy acknowledgment �� _ �r,�•��,� a required, rationy corporate sea and corporate re notary acnowleden*_ qui.red. , STATE OF CALIFORNIA } } ss. COUNTY OF SANTA CLARA} f J_ On {�°' u r 19 before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the per s w se names are subscribed.to the within Instrument, and acknowle ed t" me that they executed the same. WITNESS my hand and official seal._ �lill(ili/liid(1(iii:iii(iillliil(611(ii®ii((Iii((1lll(1( '� t OFFICIAL SEJANET R. OBERG /C AL _ NOTARY PUBLIC CALIFORNIANotary Pubjic-in and tor the County PRINCIPAL OFFICE IN THE w' COUNTY OF SANTA CLARA of Santa .Clara State of California, r Comm. Exp. Jon. 24, 19$3 111111I1IliIIIi1QllilllllllIII llIII llILIRII Mmommung CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA } } ss. COUNTY OF SANTA CLARA) On 19 before me, the undersigned, a Notary Public in and for the said State, personally appeared known to me to be the of the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. IN WITNESS MIEREOF, I have hereunto set my hand and affixed my official seal intheCounty of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Sanaa Clara, State of California p �EM ESTIMATED _ BID QUANTITY UNIT ITEM UNIT ITEM ____ PRICE TOTAL Lump Sum Provide for removal of concrete curb and gutter complete for 2 77J (Dollars/L.S.) 2. Lump Sum Provide and install standard curb opening drop inlet complete and in In place for s 7� A (Dollars/L.S.) 3.' 42 L.F. Provide anal install 12" diameter Class III Reinforced Concrete Pipe complete and in place for $ L.F. $ 253 (Dollars/L.F.) 4. 18 L.F. Provide and install 12" diameter C. M. P. including anchor stakes complete and in place for tt�� Qq 7 ...� L.F. •— (Dol lars/L.F.) 5. Lump Sum Provide and install rip rap complete and in place for (Dollars/L.S.)• TOTAL $ 70 `L7 'V -- C -t r c cz r]�t Fu r �tJ PROPOSAL 2/5 {h " " ,- A. 5W UUUWIE::'i�S, cont-nuea e BIDDER- OUALI- ICATION cOR11 In further compliance with the specifications furnished, the undersigned submits the followingstatements as to his experience and to his qualifica- tions as a part of -this proposal, and the truthfulness and accuracy of the information :is hereby guaranteeA . ;(i) How many years has vour organization been in business under its present .name? ApA)A IV MSO.. (2) How many pears'experience in workcomparablewith that required under the proposed contract has your oroaniaation had by this or any other name2 tX yE'A (3) Contractor's Lic�e^-nse No. -1 f , State of California, Classification L-vc.,je-a dj, frl -,"%/EEt7rIv_• (4) List work similar in character to that required in the proposed contract which your organization,or personnel in your organization has completed within the past three years. Year Class, Location of Work and for tvhcm Performed Contract Amount o STO �Lm C4.,l Z ,1 r 0, k.Y"'n rl ROC -m ( 1 Q :5TOP,M , PLC4S f ,-Z:g ,l - tA,�4e_/<f 1-t Pr,/X51or,1 3 -7 C70 0 00 S Ty14-aC c_ry Tom. � � 1� Wi'`'t' 000 904^lAe.0 N.. i sT 5TH rte r !f'� - t-.� c_. 1k. (^a ,., �� 7 L-100 { 5Af1ii.Aay, t cK y�LhV - O(Ar%Arf *JLfIVtoQt..F5 l0 jCit 5-roP1,l'►'1 FYN C AL0,4:V(r5er 9p4 7 cl 57PJR w1 GLS DratfxTfr s _ ` � 700 ? q .5 TD _ sa,o �arw — v✓m�,,r�t " G fry'- 1.21 D C -77 5T©,,,,�, , YEL40La sTdA)f P,1g Y , ,r�,ss�r,�74 1 00 -77 5 , Y;i , 9A d t,C 14 c, ,c T AAL:t_ P T 4 l vo 0 7e 5T0 , ✓h , L a 1Vi ,2J F',w,aFrtT1 ES 52/lw N v, t CG i 10-2,000 r G / , PROPOSAL 3/5 Name of Proposed Sub -Contractor, if ,any a.. (Section 4104 Government. Code)_ AJ r.1 F 2. 6. Address of Shop or Office'of_Sub-Contractor {Section 4104 Government Code} �,1 o nu► � 2. 3. t 4. 5. 6. Work to be performed by Sub -Contractor (Section 4104 Government Code) 1.0n? 2 3. 4. S 6 41 Poost 4 IF YOU ARE A`t I:MIVIDUA.L, SO STATE IF YOU ARE A FIRM OR CO-?ARTNERSHIP , ` STATE THE FIRM NAME AND LIST `THE :NAUXES OF ALL INDIVIDUAL CO-PARTNERS CU:2POSIXG THE FIMM. IF A CORPORATION, STATE LEGAL' NAME OF CORPORATION ALSO, MMES OF PR.F.SID . , SECRETARY TItEASURE:t ASM MANAGER. THE CORPORATE SMALL MUST BE .A17M . TYPE OF BUSINESS: Individual .° Cc -Partnership Corporation Joint Venture Other (describe) NAZAE AND SIGZ.ATU'RE BIDDER: Fta. 0, L r? K eS 5c4ivNy0Aks Avg VT A dress Date Addenda Received: SANSF �� ��"I Zi 1 2 3 4 5 ProDos;al 5/5., BOND NO. 617304P FAITHFUL PERFORMANCE BOND PREMIUM: 150 00 KNOW ALL MEN BY THESE PRESENTS: THAT WE, FURLO AND FURLO as Principal and INDEMNITY COMPANY OF CALIFORNIA as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of FOUR THOUSAND SEVEN HUNDRED SIX AND 271100 Dollars ($- 4,706.27 ) 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: REGNART STORM DRAIN, PROJECT 81-07 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, t1kis instrument has been duly executed by the Principal and Surety this 1 day of OCTOBER , 19 80. (To be signed by Principal and Surety and acknowledgment. FURLO .'& FURLO / STATE O F � AL COUNTY OF®SAINI MYTE0 - r On this _�_� Clay of OCTOBER t 80 �fr;frB rrte T .. _. 10-G-14 —, a Notary Public: to and fry# the said County of B7 1 'I'' ®__— State of � ��� _��', residing therein, duly commissioned and sworr , personally appeared.___._G CC(� . �_.� �� � �__��._�_ _ _knovvn to me to be the Attorney -it pact o 'NDEMNITY COMPANY of Cr>=U ORilIA the corporation that" executed the within instrument, and acknowledged to me that scribed the nar'ne of INDEMNITY COMPANY or CALL ` 0� ti'l`l thereto and his own name as Attorney -in -Pact; Notary Public in and for the County of __ - State of ._C?_0s ti a C"FFIGIAL 'SEAL i tai t i 4r s iNIA _SAN N 1 -f'E 1 (" Ut1ty �c1n t + Nov, v.. 1982 STATE OF CALIFORNIA } ss COUNTY OF SANTA CLARA} On "',.. � 19 r before me, the undersigned, a Notary Public in and for said State, personally appeared s known to me to be the, s whose names are subscribed to the within Instrument, and ack�`-wwledg" to me that they executed the same. WITNESS my hand and official seal OFFICIAL SEALb � p JANET P.. OBERG y`•`,�,� NOTARY PUBLIC -- CA6IrC1RFS3.A � a PRINCIPAL OFFICE �N rts� M Notary Public in and for the Count . *.. COUNTY OF SANTA CLARA � ;� y a, R Comm, Exp Jan. 24, 193 of Santa Clara, State of California CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss COUNTY OF SANTA CLARA) On , 19 before me, the undersigned, a Notary Public in and for the said State, personally appeared known to me to be the of the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California ATTEST: A, L By Jerome J. Sweeney Secretary J.F. Bowley President . ..... ..... STATE OF CALIFORNIA CT. COUNTY OF LOS ANGELES A." On this 12th Day of April, 1979, personally came before me, J.F. Bowley, President, and Jerome J. Sweeney, Secre. tary, to me known to be the Individuals and officers of INDEMNITY COMPANY OF CALIFORNIA, who executed the above instrument, and they each acknowledge the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above Instrument Is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said Instrument by the authority of the oard of directors of said corporatiom OFFICIAL SEAL IP DOROTHY THOMAS NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY MY COMMISSION EXPIRES JUNE 11, 1982 STATE OF CALIFORNIA Notary Public Dorothy Thomas COUNTY OF LOS ANGELES CERTIFICATE 1, the undersigned, assistant secretary of INDEMNITY COMPANY OF CALIFORNIA, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the pro- visions of the Resolutions of the Executive Committee of the Board of Directors set forth In the Power of Attorney, are now In force. Signed and sealed in the City of Santa Ana, California, this 1 day of OCTOBER 1980 .41 e� FfIP T. 5, ICC -2 Rev, 5/1/80 Karl A. Reardon Assistant Secretary LABOR AND KkTERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and FURLO AND FURLO BOND NO. 617304P I PREMIUM INCLUDED IM CTE OR PERFORMANCE BOND. 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 VPEREAS, 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 tear, used in, upon, for or about the performance of the work contracted to be donla, 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; VONT, THEREFORE, we, the Principal, and INDEMNITY COMPANY OF CALIFORNIA as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all. material }en, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the per- formance of the aforesaid wor,� contracted to be executed or performed Linder the contract hereinabove -.,zntiozi,:d, and all persons, companies or corporations land- ing or hiring teams, or maciiinary, Lor or contributing to said work tobe done, and all perscn<,",no perforzi work or labor upon the same, and all persons who supply both t-;ork and inaterials, ,,hose claim has not been paid by Principal or by any or -her person, in the just and full sum of FOUR THOUSAND SEVEN HUNDRED SIX AND 27/100 DOLLARS ($ 4,706.27 THE CONDITION OF Tlf�.` OBLIGATIO', IS SUCH THAT if said Principal, his or it-, subcontractors, heirs, executors, ad:­_inistrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplics or teams used in, LIP0171, for or about the porformatice of the toric contracted to be dcne, or for any v,ork or labor thereon oi - any kind, or for a::iounts due under the Un- employment Insurance Act rosp.it:tt to such work or labor, then said Surety will pay the siame and also .,ill prix In (23.3e Suit is brou4h[ upon this bond, such reasonable aLtor,,,,;!y's fee as shall be fi-;.ed by the COUrt. This bond shall inure to -,lia- 1),ni�fit of any and all parsons, comipalies , and corporations entitled to file claL,,izi L.-Idor sect[on 1184.t of tile Code of Civil Procedure, so as to give a right of action to th,_vm. or their iissians in any suit brought upon this bond, l,al or and Haturial_ltond Page 2 And the said Surety, for value; received, hereby stipulates, and agrees that no chnn�,e, extenSion of tirna,_alter ation or addition to the _tcrnis of____ the contract or to the work to be perforred_thereunder or the spccificativns accvarpaiiyirlt, the sage shall itlany wise affect its obligations on this bond, and it does Hereby ,jaive notice of_any such change, extension of time, alter— ation or addition to the terms of the contract or to the caork or to the speci- fications. peerfications, IN WITNESS '„'itEKE©F, this itistrumment has been duly execured, Iby the Principal and Surety this l day of OCTOBER , 190 e FURLO �) FURLO (To be signed by �w ,Principal and Surety and acknotrledgment Princi.pal and notarial seal attached.) INDEMNITY COMPANY OF CALIFORNIA Surety Attorney—in—Fact TTE T. KISE The -above bond is accepted and approved this day of STATE OF—CA COUNTY OF `T--'�_A_'_f J } OCTOBER 19 80 , before me On this I day of _ C ?,Z�_I_� a Notary Public in and for the said County of State of _—_CFC31i residing therein, duly commissioned and sworn, personally appeared___v_VZCI _- known to rrie to be the Attorney of INDEMNITY COMPANY of CALIFORNIA the )ration that executed the within instrument, and acknowledged to me that he sub- scribed the name of INDEMNITY COMPANY of CALIFORNIA thereto and his own name as Attorney -in -Fact. Notary Public in and for the County of State of tF SEAL Icc` �} N* r!Anv �'r F�tFtlti G{�: tr 1J1 rtw r ti 4 r'rifldDll raft, ,o F.X ir,, s 5 !} 19 STATE OF—CA COUNTY OF `T--'�_A_'_f J } OCTOBER 19 80 , before me On this I day of _ C ?,Z�_I_� a Notary Public in and for the said County of State of _—_CFC31i residing therein, duly commissioned and sworn, personally appeared___v_VZCI _- known to rrie to be the Attorney of INDEMNITY COMPANY of CALIFORNIA the )ration that executed the within instrument, and acknowledged to me that he sub- scribed the name of INDEMNITY COMPANY of CALIFORNIA thereto and his own name as Attorney -in -Fact. Notary Public in and for the County of State of tF SEAL Icc` �} N* r!Anv �'r F�tFtlti G{�: tr 1J1 rtw r ti 4 r'rifldDll raft, ,o F.X ir,, s 5 !} STATE OF CALIFORNIA } } ss.. COUNTY OF SANTA CLARA) On { , 19 t, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the sonsfiose names are subscribed to the within Instrument, and ackno,10dged =ito me that they executed the same. WITNESS my hand and official seal. N �.s ur �NOTARY PUBUCPRINCIPAL Ntotar ubl3c in and for the County °A C a4 mE E2 `°�''°' `� s�'�°!^ of Salta Clara, State of California n N acs xam. EVMian. 24, 798 cR CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA ) } ss. COUNTY OF SANTA CLARA) On 19 , before me, the undersigned,_a Notary Public in and for the said State, personally appeared g known to me to be the of the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF,_I have hereunto set my hand and affixed my official seal in the County of Santa. Clara the day and year in this certificate first above written, Notary Public in and for the County of Santa Clara, State of _California ENCLOSED FIND CERTIFICATE OF INSURANCE ®ate: October 21, 1980 Insured's Name. - Furlo and Furlo Type of Insurance: General Liability We are pleased to forward the enclosed certificate of insurance on behalf of our client. WORKS i If you have any further questions regarding this matter, Tease o not hesitate to call on us. � TY tt PUBLIC WORItCNO F'£iS J s 1980 R&MVEO F City of Cupertino FLAMM & COMPANY TO 10300 Torre Avenue INSURANCE BROKER Cupertino, California 95014 330 DISTEL CIRCLE LOS ALTOS, CALIF. 94022 Attn: Kitty Phone: (415) 961.2100 _ UNDER dZCtiND H t,r RCJ A A 80 V 0632 I�R4�r�I�4 rs craaviREETr�I I g 4-1- SI OPERAFIONS HAZARD BODILY INJURY AND Xccss�ITRAc_rUf�E oraSuRA,wlci" � Raacal�ratrYeaA�MAI,E : DAAAAC EA- BROAD FORM RE €n€Y COMI&tNED 500, 5009 ERiNGiEF'E[%EDFEZi r'.'ONT(2t;i:T(3rd5 Cr 11!'ERSCFI,Zi ItVJ??R` PERSONAL AUTOMOBILE AB R 1TV E;C31�1l.Y tP7JitR1, }" (EA�i HI PERS ,N) .Y COMPREHENSIVE ? tJRtZ$ $ BODRY INJURY R�r:€a i PDW 145471 7-10-81 or ' (EACH ACCIDENT) Y HIRFI:� PLRili7hrrA. NON-OWNED BODILY INJURY ANF PROPERTY DAM. E 500 � EXCESS LIABILITY BODILY INJURY AND D UMBRELLA FORMn 4-1-81 FIROP RrY DAMAGE t 1, 00.0. T 1, 000. FORM €-.� t�Es2 rh�nrt UMBRELLA 8942252 i COMBINED C and � P 21786 4-1_ 81 OTHER tEk J1 ACC IDEN T) i, 3 U rn r salt «Y 4k...s. JE;iC6d#RTiUCk or;JRESZZt#`;i}PdSIL.C�CFti4iii�8�"a ' :u; Z„r .,M�L�.E4.SLx�,�Lt2�3#;h�A�S�,,.wi�,YJEL Job: Regnart Storm Drain - Project 81- 07 r Cancellation- Should any oF the above ve described policies be cancelled before ill: expiration cute thereof, the issuing com ny will XVXXIX rnail -1 days wHtterl notice to the below namednarned certificate hor,XJ t 1 DATENAME AND ADDRESS OF CERTIFICATE HOLDER: ISSUED:: October 21, 198_ _ City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Attn: Kitty _. . AUTHORIZED REPRE .—� .sENFAaTWE c:c: Furlo and Furlo Arthur Cg Carmichael, Jr, _.. AC.ORD 25 C�.7 t; INDEMNITY COMPANY of CALIFORNIA 820 NO, PARTON ST, / SANTA ANA, CA. 92701 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, FURLO & FURLO as Principal, and INDEMNITY COMPANY of CALIFORNIA, a corporation authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto CTTY OF QTJPER,TTN0 (hereinafter called the Obligee) inthe full and just sum of ONE THOUSAND FIVE HUNDRED & N01100 Dollars, {$ 1,500.00- --- ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. REGNART STORM DRAIN FVT.4WHN_•=*J NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obliges for the faithful performance of the said STATE OF___CAJJ-_FaRN1A ss COUNTY OF SAN MATEO SEPTEMBER 19 SO , before me On this day of Notary Public in and for the said County of SAN__MATE_O- State of CA1L'__NT , residing therein, duly commissioned and sworn, personally appeared known to me to be the Attorney -in -Fact of INDEMNITY COMPANY of CALIFORNIA the corporation that executed the within instrument, and acknowledged to me that he sub- scribed the name of INDEMNITY COMPANY of CALIFORNIA thereto and his own name as Attorney -in -Fact. Notary Public in and for the County of State of OrFICIAL SEAL GAIL L. HIGGINS NOTARY PUBLIC -CALIFORNIA Principal office in SAN MATEO County My Commission Expires Nov. 5, 1982 •-11 —YA" a— ATTEST' By Jerome J. Sweeney Secretary Zffi_�is 2 ........... ANY ., 0, STATE OF CALIFORNIA z' C T COUNTY OF LOS ANGELES 19E7 On this 12th Day of April, 1979, personally came before me, J.F. Bowley, President, and Jerome J. Sweeney, Secre- tary, to me known to be the individuals and officers of INDEMNITY COMPANY OF CALIFORNIA, who executed the above instrument, and they each acknowledge the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument Is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said Instrument by the authority of the board of directors of said corporation. OFFICIAL SEAL DOROTHY THOMAS NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY MY COMMISSION EXPIRES JUNE 11, 1982 STATE OF CALIFORNIA 0000F�V I� the undersigned, assistant secretary of INDEMNITY COMPANY OF CALIFORNIA, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the pro- visions of the Resolutions of the Executive Committee of the Board of Directors set forth in the Power of Attorney, are now in force. Signed and sealed in the City of Santa Ana, California, this 9 CT. 1417 0 ICC -2 Rev. 5/1180 day of SEPTEMBER 19 80 Karl A. Reardon Assistant Secretary