89-145 Traffic signal modification Rpoject 90-101, McClellan Rd at Stelling ON of CuPertiro
10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
October 23, 1989
G.A.B. Construction, Inc.
670 Coleman Avenue
San Jose, CA 95110
CONTRACT FOR PUBLIC WORKS - TRAFFIC SIGNAL MODIFICATION, PROJECT 90-101 -
MCCLELIAN ROAD AT STELLIING
We are enclosing to you one (1) copy of the Contract for Public Works
between the City of Cupertino and G.A.B. Construction, Inc., which has
been fully executed by City Officials.
Award of your contract was approved at the regular City Council meeting of
September 5, 1989.
Enclosed please find your bid bond.
Sin y,
DOROM CORNELIUS
CITY CLERK
CI'T'Y OF CtJPERTINO
DC/so
encl.
cc: Department of Public Works
CONTRACT FOR PUBLIC WORKS
This CONTRACT made on October 20, , 1989 by the CITY OF CUPERTINO,
a municipal corporation of the State of California, hereinafter called CITY,
and G.A.B. Construction, Inc. , hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
1. THE CONTRACT DOCUMENTS. The complete contract consists of the following
contract documents:
a. Bid Documents(Notice to Contractors, Proposal, Time for Completion,
Estimated Quantities, Bidder Qualification Form, Sub-Contractors Form and
Signature Form), referred to as Exhibit A.
b. Standard Specifications, General Provisions and Special Provisions.
c. Plans and Specifications for TRAFFIC SIGNAL MODIFICATION on McCLELLAN
ROAD at STELLING ROAD, PROJECT 90-101.
d. Faithful Performance Bond and Materials Bond.
e. Insurance Certificates.
f. This Contract for Public Works.
All of the above documents are intended to cooperate so that any work
called for in one and not mentioned in the other, or vice versa, is to be
executed the same as if mentioned in all of said documents. The documents
comprising the complete contract are sometimes hereinafter referred to as the
Contract Documents. In case of conflict between the Plans and the
Specifications on the one hand, and this Contract on the other, the Plans and
Specifications shall prevail.
2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment,
apparatus, facilities, labor, transportation and materials necessary to
perform and complete in a good and working order, the work of TRAFFIC SIGNAL
MODIFICATION on McCLELLAN ROAD at STELLING ROAD, PROJECT 90-101, as called
for, and in the manner designated in, and in strict conformity with, the Plans
and Specifications prepared by the Engineer and adopted by CITY, which Plans
and Specifications are entitled, respectively, TRAFFIC SIGNAL MODIFICATION on
McCLELLAN ROAD at STELLING ROAD, PROJECT 90-101, and which Plans and
Specifications are identified by the signatures of the parties to this
Contract. It is understood and agreed that said tools, equipment, apparatus,
facilities, labor,transportation and materials shall be furnished, and that
said work shall be performed and completed as required in said Plans and
Specifications under the sole direction of CONTRACTOR, but subject to the
inspection and approval of CITY, or its representative. CITY hereby designates
as its representative for the purpose of this Contract the Engineer, Mr. Bert
J. Viskovich.
Contract Page 1 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 90-101
3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in
full payment for the work above agreed to be done, the sum of Forty Seven
Thousand Seven Hundred and Fifteen Dollars($47,715.00) , subject to additions
and/or deductions as provided in the Contract Documents, per Exhibit A
attached hereto.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise
respecting the true value of the work done, or any work omitted, or of any
extra work which CONTRACTOR may be required to do, or respecting the size of
any payment to CONTRACTOR during the performance of this Contract, said
dispute shall be determined either by reference to the Unit Prices bid, if
applicable, or in accordance with agreement of prices, if applicable, of in
accordance with the agreement of the parties, or in accordance with the rules
of the American Arbitration Association if the parties are unable to agree.
5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all
expense for all necessary permits, licenses and easements for the construction
of the project, give all necessary notices, pay all fees required by law, and
comply with the laws, ordinances and regulation5•relating to the work and to
the preservation of the public health and safety.
6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper
facilities and provide safe access for inspection by CITY to all parts of the
work, and to the shops wherein the work is in preparation. Where the
Specifications require work to be specially tested or approved, it shall not
be tested or covered up without timely notice to CITY of its readiness for
inspection and without the approval thereof or consent thereto by CITY. Should
any such work be covered up without such notice, approval, or consent, it
must, if required by CITY, be uncovered for examination at CONTRACTOR'S
expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the
progress of the work require any alterations, deviations, additions or
omissions from the Plans or Specifications or the Contract Documents, CITY
shall have the right to do so, and the same shall in no way affect or make
void the Contract, but the cost or value thereof will be added to, or deducted
from, the amount of the Contract price, as the case may be, by a fair and
reasonable valuation, which shall be determined either by reference to the
Unit Prices bid, if applicable, the Standrad Specifications, or in accordance
with the agreement of the parties, or in accordance with the rules of the
American Arbitration Association if the parties are unable to agree. No extra
work shall be performed or change be made except by a written order from CITY,
duly authorized by resolution of the City Council, and by all agencies whose
approval is required by law, stating that the extra work or change is
authorized, and no claim for an addition to the Contract sum shall be valid
unless so ordered.
8. CHANGES TO MEET ENVIRONMEMTAL REQUIREMENTS. CITY shall have the right to
make changes in this Contract during the course of construction to bring the
completed improvements into compliance with 'environmental requirements or
standards established by State and Federal statutes and regulations after the
Contract has been awarded or entered into. CONTRACTOR shall be paid for such
changes either by reference to the Unit Prices bid, if applicable, or in
accordance with the agreement of the parties, or in accordance with the rules
of the American Arbitration Association if the parties are unable to agree.
Contract Page 2 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 90-101
9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract may be
terminated, amended or modified, with the mutual consent of the parties. The
compensation payable, if any, for such termination, amendment or modification,
shall be determined either by reference to the Unit Price bid, if applicable,
the Standard Specifications, or in accordance with the agreement of the
partie, or in accordance with the rules of the American Arbitration
Association if the parties are unable to agree.
10. TIME FOR COMPLETION. All work under this Contract shall be completed in
accordance with the Time for Completion section in the proposal and the
Specifications of this project. If CONTRACTOR shall be delayed in the work by
the acts or neglect of CITY, or its employees, or those under it by contract
or otherwise, or by changes ordered in the work, or by strikes, lockouts by
others, fire, unusual delay in transportation, unavoidable casualties or any
causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any
cause which CITY shall determine justifies the delay, then the time of
completion shall be extended accordingly. This paragraph does not exclude the
recovery of damages for delay by either party under other provisions in the
Contract Documents.
11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a
sufficient time in advance of the manufacture, production or testing of
materials to be supplied under this Contract, in order that CITY may arrange
for mill, factory or laboratory inspection and testing of same.
12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a
bankrupt, or should make a general assignment for the benefit of creditors, or
if a receiver should be appointed on account of insolvency, or if CONTRACTOR
or any sub-contractor should violate any of the provisions of the Contract,
CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its
intention to terminate the Contract. Such notice shall contain the reasons for
CITY'S intention to terminate the Contract, and unless within ten(10) days
after serving of such notice, such violation shall cease and satisfactory
arrangements for corrections thereof be made, the Contract shall, upon the
expiration of said ten(10) days, cease and terminate. In the event of any such
termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S
surety and CONTRACTOR, and the surety shall have the right to take over and
perform the Contract; provided, however, that, if the surety within
fifteen(15) days after the serving upon it of notice of termination does not
give CITY written notice of its intention to take over and perform the
Contract, or does not commence performance thereof within thirty(30) days from
the date of the serving of such notice, CITY may take over the work and
prosecute the same to completion by contract, or by any other method it may
deem advisable, for the account and at the expense of CONTRACTOR, and
CONTRACTOR and CONTRACTOR'S surety shall be liable to CITY for any excess cost
occasioned by CITY thereby, and in such event CITY may, without liability for
so doing, take possession of, and utilize in completing the work, such
materials, appliances, plant and other property belonging to CONTRACTOR as may
be on the site of the work and necessary therefor.
Contract Page 3 of 6
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 90-101
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION
THEREOF. In addition to amounts which CITY may retain under other provisions
of the Specifications until final completion and acceptance of all work
covered by the Contract, CITY may withhold from payment to CONTRACTOR such an
amount or amounts as in its judgement may be necessary to pay just claims
against CONTRACTOR or sub-contractors for labor and services rendered and
materials furnished in and about the work. CITY may apply such withheld amount
or amounts to the payment of such claims in its discretion. In doing so, CITY
shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall
be considered as a payment made under the Contract by CITY to CONTRACTOR, and
CITY shall not be liable to CONTRACTOR for any payment made in good faith.
Such payment may be made without prior judicial determination of the claim or
claims. With respect to any retention of payment by CITY to ensure performance
of the Contract, CONTRACTOR will be entitled to substitute securities as
provided in Section 4590 of the California Government Code as more fully
described in CITY'S Notice to Contractors.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under
this Contract shall be in writing, and shall be dated and signed either by the
party giving such notice, or by a duly authorized representative of such
party. Any such notice shall not be effective for any purpose whatsoever
unless served in the following manner: (a) if the notice is given to CITY
either by personal delivery thereof to the Engineer of CITY, or by depositing
same in the United States mails, enclosed in a sealed envelope, addressed to
CITY OF CUPERTINO, 10300 TORRE AVENUE, CUPERTINO, CA 95014, postage prepaid
and certified; (b) if the notice is given to CONTRACTOR, either by personal
delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly , authorized
representative at the site of the project, or by depositing same in the United
States mails, enclosed in a sealed envelope, addressed to G.A.B. Construction,
Inc. , 670 Coleman Avenue, San Jose, CA 95110 postage prepaid and certified;
and (c) if notice is given to CONTRACTOR'S surety or any other person, either
by personal delivery thereof to CONTRACTOR'S surety or other person, or by
depositing same in the United States mails, enclosed in a sealed envelope,
addressed to CONTRACTOR'S surety or person, as the case may be, at the address
of CONTRACTOR'S surety or the address of the person last communicated by such
person to the party giving the notice, postage prepaid and certified.
15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor
moneys due or to become due thereunder, shall be assigned by CONTRACTOR
without the prior written approval of CITY.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the
Specifications, any material or process is indicated or specified by patent or
proprietary name, or by name of manufacturer, such Specifications must be met
by CONTRACTOR, unless CITY agrees in writing to some other material, process
or article offered by CONTRACTOR which is equal in all respects to the one
specified. It shall be CONTRACTOR'S responsibility to prove equality of any
such material, process or article offered as a substitution to the one(s)
specified.
Contract Page 4 of 6
f CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 90-101
17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE.
CONTRACTOR shall take out and maintain during the life of this Contract
Worker's Compensation Insurance and Employer's Liability Insurance for all of
CONTRACTOR'S employees employed at the site of the project. In case any work
is sublet, CONTRACTOR shall require any and all sub-contractors similarly to
provide Worker's Compensation and Employer's Liability Insurance for all of
the latter's employees unless such employees are covered by the protection
afforded by CONTRACTOR. In signing this Contract CONTRACTOR makes the
following certification, required by Section 1861 of the Labor Code: "I am
aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for worker's compensation or to
undertake self insurance in accordance with the provisions of the Labor Code,
and I will comply with such provisions before commencing the performance of
the work of this Contract. "
18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the
protection of persons (including employees) and property. The safety
provisions of applicable laws, building codes and construction codes shall be
observed. Machinery, equipment and other hazards shall be guarded or
eliminated in accordance with the safety provisions of the Construction and
Safety Orders issued by the Industrial Accident Commission of the State of
California.
19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be
responsible for the cost of repairing or restoring damage to the work caused
by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a
seperate bid item, obtain the insurance to indemnify CITY for any damage to
the work caused by Acts of God. "Acts of God" shall include only the following
occurances or conditions and effects: earthquakes and tidal waves, when such
occurances or conditions and effects have been proclaimed a disaster or state
of emergency by the President of the United States or by the Governor of the
State of California, or were of a magnitude at the site of the work sufficient
to have caused a proclamation of disaster or state of emergency having occured
in a populated area. Subject to the foregoing, CITY shall not, in any way or
manner, be answerable or suffer loss, damage, expense or liability for any
loss or damage that may happen to said building, work, or equipment or any
part thereof, or in, on, or about the same during its construction and before
acceptance.
20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-
class quality of all work and of all materials, apparatus and equipment used
or installed by CONTRACTOR or by any sub-contractor or supplier in the project
which is the subject of this Contract, unless a lesser quality is expressly
authorized in the Plans and Specifications, in which event CONTRACTOR
unqualifiedly guarantees such lesser quality; and that the work as performed
by CONTRACTOR will conform with the Plans and SPecifications or any written
authorized deviations therefrom. In case of any defect in the work, materials,
apparatus or equipment, whether latent or patent, revealed to CITY within
one(1) year of the date of acceptance of completion of this Contract by CITY,
CONTRACTOR will forthwith remedy such defects without cost to CITY.
Contract Page 5 of 6
C
STATE OF CALIFORNIA On this......1. .........day of.....0 .................in the year
........
ss. .......................f q.`a�.......................................,before me,
y COUNTY OF..S ?`??'?�. ? ....... LYM J. .13AU1 2 ,,,.,,,a NotaryPublic,State of California,
........
duly licensed and sworn,personally appeared. RGE A. RR=T-A
.............................................................................. .
personally known to me(or proved to me on the basis of satisfactory evidence)
«,. OFFICIAL SEAL to be the person who executed the within instrument as. .........LYNN J. QAUER
w' i-
NOTARY ACLAR-COUNTYfdIA or on behalf of the corporation therein named and acknowledged to me that
zy 1_
' SANTA CLARA COUNTY
such corporation executed the within instrument pursuant to its by-laws or a
My Comm Expires lune 29,1940 P p y
resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the CITY OF SAN JOSE County of SAIV�l'A �RA...
This document is only a general for,which may be proper for use in simple .................................r on be date set fb3�h above in this certificate.
transactions and In no way acts,or Is intended to act,as a substitute for the
advice of an attorney.The printer does not make any warranty either express or implied as to the
legal validity of any provision or the suitability of these forms in any specific transaction. - !
Cowdery's Form No.28—Acknowledgement to Notary Public— Nry Public, State of California
`,7'[7� 29 1990
Corporation(C. C. Secs. 1190-1190.1)—(Rev. 1/83) My commission expires
CONTRACT FOR PUBLIC WORKS(Continued)
PROJECT 90-101
21. ADDITIONAL PROVISIONS. None.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
CITY OF CUPERTINO G.A.B. Construction, Inc.
670 Coleman Avenue, San Jo CA 95110
By: By; v
or GE ,GE BRILLA, PRESIDENT
Attest:_ _ Notary acknowledgement is required.
City tlerk If a corporation, corporate seal and
corporate notary acknowledgement are
required.
Date: ZZ 1989
City Clerk
APPROVED AS TO FORM AND
PROCEDURE:
City ttorney
Contract Amount: Forty Seven Thousand Seven Hundred and Fifteen
Dollars($47,715.00)
Account Number: 440-0100-953
Purchase Order Number: G.T .B. JOB NO. 8956
I.
r Contract Page 6 of 6
in the year
STATE OF CALIFORNIA On this......�,�!�.......day of.... �r��i1��.. ,
COUNTY OF..SANTA.CLARA........ss. ....................................I..l Yi..l....................,before me,
LYNN.J...TATJ,FR...................a Notary Public,State of California,
duly licensed and sworn,personally appeared..QEQIi�Fr.A,,BR���.,,._,.
.................................................................................
personally known to me(or proved to me on the basis of satisfactory evidence)
w�ly� 'YN V J 1 s to be the person who executed the within instrument as..�?�SZn�'........
BkU P or on behalf of the corporation therein named and acknowledged to me that
-'21.Li.7rP NOSANTA CLARA CALIFORNIA
M COUNTY such corporation executed the within instrument pursuant to its by-laws or a
My Comm Expires lune 29,1990
resolution of its board of directors.
` IN WITNESS WHEREOF I,have hereunto set my hand and affixed
my official seal in thegIT .OF SAN JOSE,,,,County of.SANr.PA.CLARA..
This document Is only a general form which may be proper for use in simple ,,,,,,,,,,,,,•,,,,,,,,,,,,,,,, ,on th=atet orth above in this certificate.
transactions and in no way acts,or is intended to act,as a substitute for the
advice of an attorney.The printer does not make any warranty either express or implied as to the �
legal validity of any provision or the suitability of these forms in any specific transaction. Notary Public State of California
Cowdery's Form No.28—Acknowledgement to Notary Public— �7C1 29 1990
Corporation(C. C. Secs. 1190-1190.1)—(Rev. 1/83) My commission expires
THE STATE OF CALIFORNIA
SS.
COUNTY OF SANTA CLARA
On this 5th day of OCTOBER in the year 1989
before me DAVID E ELLIS ,a Notary Public in and for
the said County and State, residing therein,duly commissioned and sworn,personally appeared
JOHN LOUGHRAN personally known to me (or proved to me
on the basis of satisfactory evidence) to be the duly authorized Attorney-in-Fact of the TRANSAMERICA INSURANCE
i COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he
(she) subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his (her) own name
as Attorney-in-Fact.
IN WITNESS W d affixed my of I-% seal the day and year in this certificate
�
9 first above written. DAVID E. ELLIS
~. Notary Public-California
® SANTA CLARA COUNTY
1Ip`� MY Ccmm. Exp.June 2, 1992 N TARY PUBLIC INA D FOR SAID COUNTY AND STATE
14222 CALIFORNIA JURAT-FOR ATTORNEY IN FACT 11-82
(NOTARY ACKNOWLEDGEMENT)
t BOND N0. 5262-25-00
' EXECUTED IN DUPLICATE
PREMIUM $ -,"=X $394 . 00
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, G.A.B. CONSTRUCTION, INC.
as Principal and TRANSAMERICA INSURANCE COMPANY
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of FORTY SEVEN THOUSAND SEVEN HUNDRED FIFTEEN AND 00/100 Dollars
($ 47.715.00 ) lawful money of the United States, for the payment
of which will and truly to be made, we bind ourselves, our heirs, executors,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that,
WHEREAS, the Principal has entered into a contract dated ,
with the Obligee
to do and perform the following work to-wit:
TRAFFIC SIGNAL MODIFICATION
ON MCCLELLAN ROAD AT STELLING ROAD
PROJECT 90-101
NOW, THEREFORE, if the said Principal shall well and truly perform the work
Y 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 5th day of OCTOBER , 19 89
(To be signed by Principal
and Surety and acknowledgment.)
G.A.B. CO STRUCTION,
Principa G RGE . BRILLA, PRESIDENT
•TRANSAMERICA INSURANCE COMPANY
Surety
t
y B(]Aoorney-4in-Fact HNRANN -
The above bond is accepted and approved this _ - - day of 19
I
R. .'6a[jSdi1I�I1Ud A Stock Company/r�ome U'`unir Insurance Services
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS:
That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make,consti•
tuts and appoint ALLEN LOMBARDI, DAVID ELLIS AND JOHN LOUGHRAN
its true and lawful Attomey(s)-in-Fast, with full power and authaHty, for and on behalf on the Company as surety, to
execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances or
other written obligations in the nature thereof,as follows:
and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attomey(s)-in-Fact, pursuant to
these presents,are hereby ratified and confirmed.
This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full
force and effect. ARTICLE VII
SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances,
contracts of
indemnity, endorsements, stipulations, waivers, consents of sureties, re-insurance acceptances or agreements, surety and
co-surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance
business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice
President or by any other officer,employee,agent or Attorney-in-Fact authorized to so sign by (i) the Board e of Directors
or,any
the President, (iii) and Vice President, or (iv) any other person empowered by the Board of Directors,
Vice President to give such authorization; provided that all policies of insurance shall also bear the signature of a Secretary,
which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the
• President.A facsimile signature of a former officer shall be of the same validity as that of an existing officer.
The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person
authorized to execute or attest such instrument may affix the Corporation's seal thereto.
This Power of Attorney is signed and sealed by a facsimile under and by the authority of the following resolution adopted
meeting duly called and held on the 17th day of October 1963.
by the Board of Directors of the Company ata
"Resolved, That the signature of any officer authorized by the Bylaws and the Company seal may be affixed
by facsimile to any power of attorney or special power of attorney or certification of either given for the execu-
tion of any bond undertaking, recognizance or other written obligation in the nature thereof; such signature
oped by the Cmpanand seal, when so used being herebybe vol dt and bindi go uponythe Companyawit the same forceas the originl signature of suchfand reffect and the
original seal of the Company, to
though manually affixed."
IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its
day Of NOVEMBER 19 87
proper officer and its corporate seal to hereunto affixed this 3rd-su
f 8y � //
•(.�.H.Tanner,Vice President
State of California ) ss
County of )
On this 3rd day of NOVEMBER , 19 87 , before me Hazel Yamasawa, a Notary Public in and for the
said County and State, residing therein, duly commissioned and sworn, personally appeared J.H. Tanner personally known to
me (or proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COM-
PANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he knows the
seal of said Corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to
authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,
and acknowledges same to be the act and deed of said corporation.
� ll-sy-j Gi•-o���
OFFICIAL SEAL
HAZEL YAMASAWA
o NOTARY PUBLIC•CALIFORNIA
PRINCIPAL OFFICE IN Hazel Yamasawa, Notary Public
,• LOS ANGELES COUNTY
my Commission Expires Sep:. 30, 1988 in and for the County of Los Angeles, California
I,W.G. Freeman,Assistant Vice President of Transamerica Insurance Company, do hereby certify that the Power of Attorney
herein before set forth is a true and exact copy and is still in force, and further certify that Section 30 of Article VII of the
By-Laws of the Company and the Resolution of the Board of Oirectors,set forth in said Power of Attorney are still in force.
In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 5th day of
OCTOBER ° 19 89 '
•b pow°„�® ,
W.G. Freeman,Assistant Vice President
0
11b
•
°has.•' .r
BOND NO. 5262-25-00
PREMIUM INCLUDED
EXECUTED .IN DUPLICATE
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
G.A.B. CONSTRUCTION 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
TRANSAMERICA INSURANCE COMPANY
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and. severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or abut the perfor-
mance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and incorporated herein by reference, and all
persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and all persons who
perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of
FORTY SEVEN THOUSAND- SEVEN HUNDRED FIFTEEN AND 00/100 DOLLARS
($ 47.715.00 ) .
' -THE- CO`NDITION-'OF'THIS 'OBLIGATION 'IS SUCH THAT if said Principal,' his or
its subcontractors, heirs, executors, administrators, successors or assigns,
shall fail to pay for any materials, provisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor, or any and
all damages arising under the original contract, then said Surety will pay the
same and also will pay in case suit is brought upon this bond, such reasonable
attorney's fee as shall be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies,
and corporations entitled to file claims under Section 1184.1 of the Code of
Civil Procedure, so as to ,give a right of action to them or their assigns .in
any suit brought upon this bond.
STATE OF CALIFORNIA On this....TV\........day of... � G�...................in the year
4 ss. ..................�. .... ,before me,
COUNTY OF—$ ...............
ANTA.Q,�A,,,,....
....L ..�-.. 0 ...................a Nota Public State of California,
duly licensed and sworn,personally appeared.'( r.I ........
............................................................................... .
orrtcin►. sial,
personally known to me(or proved to me on the basis of satisfactory evidence)
LYNN 1. BA to be the person who executed the within instrument as. ........
c` NOTARY PUBLIC-CALIFORNIA or on behalf of the corporation therein named and acknowledged to me that
LY _CA
M comm Ex such corporation executed the within instrument pursuant to its by-laws or a
MY pees lune 29,1 990 l�
resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in thegITY.OF. SAN JOSE ,,,County of.SANTA QLARA
This document is only a general form which may be proper for use in simple ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1,on the date set forth above in this certificate.
transactions and In no way acts,or is intended to act,as a substitute for the 1'
advice of an attorney.The printer does not make any warranty either express or implied as to the
legal validity of my provision or the suitability of these forms in any specific transaction. otary Public, State of California
Cowdery's Form No. 28—Acknowledgement to Notary Public— JUNE 29 1990
Corporation(C. C. Secs. 1190-1190.1)—(Rev. 1/83) My commission expires
THE STATE OF CALIFORNIA
SS.
COUNTY 0 F SANTA CLARA
5th OCTOBER 1989
On this - - day of in the year ,
before me DAVID E ELLIS ,a Notary Public in and for
the said County and State,residing therein,duly commissioned and sworn,personally appeared
JOHN LOUGHRAN personally known to me (or proved to me
on the basis of satisfactory evidence) to be the duly authorized Attorney-in-Fact of the TRANSAMERICA INSURANCE
COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he
(she) subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his (her) own name
as Attorney-in-Fact.
IN WITNESS W a, d affixed my offi ial seal the day and year in this certificate
first above written. �:'�•, OFFICIAL SEAL
DAVID E. ELLIS r
Notary Public-California,
SANTA CLARA COUNTY
s
My Comm. Exp.June 2, 1992 N L/IC TARY PUBIN AND FOR SAID COUNTY AND STATE
14222 CALIFORNIA JURAT-FOR AT OR I 11-82
(NOTARY ACKNOWLEDGEMENT)
s
Labor and Material Bond Page 2
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this 5th day of OCTORFR 1982
4G.A.B. NSTRUCTION,
L(To be signed by Principal ORGE A. BRIL A, pRESIDETdT
and Surety. Notary
acknowledgments required.)
TRANSAMERICA INSURANCE COPTANY
Surety
JOHN /LOUGTR�A
(:3A orney-in-Fact
a
The above bond is accepted and approved this day of
19
d
6/17/85
p I
�IRa 111.4 Y.Y
es
r�Y�vA�v
• ' Insaranr� grvqces r �zt• � t ,�, y z, >" � Y �s,.
I
'L--M
KNOW'AL. MEN BY H S p1�E�5ENT:S
Thai TRAM' ANtIERtCA INSURANC>: C0 QIPANYTw a corporation of the State of Califar+T�a,dgesfieceby makes l oniti ,^�cwir
a Dint AVID £ELLS AND JQHN LQUGItRA,N ,•.� t;'
lP.te and pp A6L�N L tC3ARDt r D
its true and lawful Attomeyls) in Fact; with full power and authority; for and on, behalf nn 1. Company as'surety, tq
execute and deliver and,affix he seal.of the
thereto, if a-seal is-requrred, bornds; undttrtakings, recogmtances or
otherwritten pbligationsit► the,natlrroahereaf;as follows:
and-AQ blrtd TRANSAMFRICA INSURANCE COMPANY thereby, and aLl of`the acb of sold:Attorney(s1 m-Fal;t, pursuant to
these Isr�3estts,are hereby ratified and confirmed.
Ttii: a paintmltnt Is made under and by authority.of the fallowing.:by taws pf th® Company which bylaws are now In full
P s `Y
fOF
6@4n d:effect.
ARTICLE Vtl
ECTION :3Q. All,p0licl"es, bonds, 'undertakings, certificates of• Insuras of
nce; c4vet.notes, recognlancentsc sureact and
Indemnity;, endorxements, stipulations; waiver, consents of sureties, -re=insurance acceptances or agreeme ,, N
co�surpty obligations and agreements;'underwriting undertakings,:and all dther instruments pertaining to that Insurance
bustn of the. Corporation, shall be validly-executed when signed an behalf of the Corporation b9,16 ePresldent,any.Vice
President`or by any other offiier,empl6yee,,agent or;Attorney in Fact authorized to sa sign by lit the Board of Directors, Ul)
Yfie.President,•(iii) and ice Prasldent, or (iv) any,other person empowered,by the'8oard .of Oirectors,.the President o,�any
Vesignatureo
ice President,to girrq such authorization; provided that all policies°of Insur f a V ce ce shall
Preiadentr ah facsimile s gdatuie ofa he
which. may be'a facsimile and unless.m:anually signed by the'President o _
president.A fauimila signature of a former.officershall be of the same vaf'id ty`.as.that o. en existing officer
Atte affixinq;of the.corparate.:seal shall not�be necessary to the valid execution o,f any instrument, but any person
authorized to:ez'ecute or attest such instrument ma..y affix the Corporation's seal thereto.
7h'ii Pgwer of Attorney Is signed and sealed 'by a facsimile under ands by,the`authority.of the following resolution adopted
by the Board of Directors of the:Company ata meeting duly called and:held.on the 11th day of October 1963.
; { "ttesolved, That the signature.of any officer authorized by the By laws and the Company seal may be.affixed .:
by.facsimile`to any. p
ower of attorngY-or_special power of attorney or certification of either far the execu-
tion, of any bond:undertakin%-recognizance or other written obl'igati'on .in the nature thereof; suth'signature.. ,
end cal, when so used being hereby-adopted by the Company as the original signature.of, such officer and the
grigrnal seal oF;the Company, to.be valid and binding .upon the Company with the same force and effect as T`
though manually affixed."
IN"WITN.ESS WHEREOF,"TRANSAMERICA INSURANCE
has caused thee�.`p�re��sBER,to.be,signed1by 7
proper officer and Its eorporate seal.to hereunto affixed this 3rd day of
• By '
. .
(/H Tanner,Vice President >:
State of California 1`ss
County 0 ) a Notary Public iri:and for the
On this '±` 3rd day,of NQVEMBER , 19 87 , before m.e Hazel Yamasawa,.
said County and.State, residing therein, duly commissioned and rnrarn,.personally.app
eared J.H. Tanner personally known to
me (or,proved to ms on the basis:of. satisfactory evidence) to be a Vice President ofTRANSAMERICA INSURANCE COM-'
RANY;the.corporation whose name is affixed to the foregoing instrument;.and duly acknowledged to me.that he knows the h,
I - seal uf"said Corporation; that the seal a(tixed xed pursuant.,Wr
to the said instrument is such corporate
mesealthereto wursuantas so do I ke auth`ority, ' !:'`
authority given by .tha hoard of Directors of said corporation and that:he signed his.name P, }r.,'
Ind acknowledges same to be the act and deed of said corporation.
OFFICIAL SEAL
Fr�; r
HAZEL•YAMASAWA•CALIFORNIAj'.NOTARY.PUehIC
PRINCIPAL OFFICE: IN Hazel Yamasawa, Notary Public
LOS ANGELES COUNTYY-Lion Expires Sep:.3o, 1988 Wand for the County of Los Angeles, California .
Vico 'President of Transamerica Insurance Company, do hereby certify that the Power of Attorne
.is o true and exact copy and is still in force, and further certify that Section 30 of Article Vll
-J 1aany and the Resolution of the Board of Directon,set forth in said Power of Attorney are still in force;
h,•,
,,s;,sreo, I have hereunto subscribed my name and affixed the seal of the said Company this. 5th day
t
19 Q9
U.
W G. Freeman;Assistant Vice President
. _ r,rte.'• _ _, - • .;.
s E F: F i' F I C r! , E"' O F i .' ..; —' R H F: C E I b�llE �:-l E I i— .,
------------ ------------------ ----------------------
r,",!I s--Cir -ss Acr T,-rT.,,� r^^ sr-r, n .rrr: fr Npn nN :J} v r.NT -,-}J—
IIIL ,�CLTTFiE r: U`'F:F:E f F:':II :Iu�iI���_iF, Iri I' H`t'CF;I�YPm;!�A I E}iH��[�1}fl ? t }:L �;i�l'r11t�i Ti l(i E } i't'TUitfi!;
fv 51",'307'
r:•rr F j r�ri ,-+r, A( rr: r s }J �,:,jr�— ACr•,�Ej—i}.� sr r,f.} -s A Ear
P,[i_ s,jry J!.,;JEXTEND _R t TER TNI =II=ERACJ_ rirr' i.1•LJ �`i` The rILTC,lEv !_GE',
L,`i {jr AI T i f
HL 4 _
C .,•. PI r'-'=�j�IIE AFFORD a;s' COVERAGE
OFA; „ S }: ; uR' I ;3 CC c ��:
ZIP CODE 04303
i
A tri F:t LFTI TER A�TH F. C
CL
-----------------------------------=----�
! COMPANY LETTER I; Ti:i;P:IMMFR`TCA
Ge�I COPE!; i'.L!CTjf�.N; TI`{}:, Y LE I 1 ER L.
67, r0LEMA!? AVENUE i _
SFt' J>_ISE; CA ! 'COMPANY T L z l !ER D
Ii' CODE 95{.10-2;'J.l-` � (I L' tl+: LETT
E
r_M: A::i ! fi.
C 0
iiq•r• r�. ry si; . , rA AC `i,'+( r`'?i LISTED CI s la';ljE rC'i 7. ^Ilrr TO
�'E ..,r•, �sCr• 't f Ai�fIJ :r•
l = IS i[( rL.s,•!Ir i Irir;l FL'L_I_IC. lss TiiL Jr,t-iS,rL . f=-I— s,r•,. PC._{`+. s. �_i_a !I� Is, T 't! LL( i=HrlE l rartl;E i,r, ! , IJt:l
r'C ii ?.}� i —rr, ,J y — t_•- s r r, :;i•!'d ,.rte rA C};z— rr•:;�, F ^• r Tir�k:i ( r. i;� T nL, -ice iA}s;.Jr }— FiT ; n r•., ,
nn"T IT-' i_,t, i`. !T I ih�'i l tia}_(, N. }�.�t:L!, -,. {1 !=_: i L? �:€lleDT __i, �F H[ei C{,i,l_jf C IJii,ER I(C� .si���.l _Irl E iEt , TO
I ! ,� r^ n- f�C AJ p' N.
ssA6 r. r,'� s ' L; 1 r,Aa� r Ari - C j r r`. ri, a ;r-,
iJrllu�l it �r,(IFTCHiL rerti IIL. ice_}JLI LiR if Si r�f,i _I`i; !;iL Ti't=,LiRfiNI torr L(RiILT! F; {'i� iJ T[E- SIE L.r,Ii7Ci( ICi,CI{4 I L! j_% •i
ri.,r•, ,.f., ,IC •i- TT.;r• n An n, Cr•
MTTC ', i ,a•v r'L ri r ,�-r r'=r•
!O ALL !HE TLi=: _,; E.. -L�.v:IO!?: ; AilTI L:Or'�t(I:�Lii�� 11F _,!!;�}, r?LII_IL�o LaF > !v' =hOldr`! iini HAVE BE N hETUCCD _Y PAID CLI...i'S.
--------------------------------------
i_O POLICY POLICY
'.r, -v , T:AI i•,r rr, r'— T I- - ^ r'. i 1^: A
L I r.
TYPE F E OF ,.}:�,JR �(=E :!IL i C:Y ?�UriE;Lr, Er i . DA i E E P= DE3T� ALL L�` ITc' -1 N TH0U"S:t IN 3
------------------------------------------------------------------------------------------------------------------------ --
v� •� r.,= } rztCJ;l TAr.. T v ^ c�r ii�:E (,q/i?rrrnp tii'3 [ c'^t� ;E 1 =} �1 (:1n f p` f;i;i
Ai Jl9iIEr,!•IAL IJCit : IiL L_ti[_ L�li O•_`r. : rrr C; Jrtr _(:•l r F¢E!4ML J�^Ec:A; ;.-__
i -4+7 :moi Ts kr. 'C t r+i'Ll i':GC`i^C t ( 5� Ir-T r,i a. ((-- ,r^::=� •{'-} t i;;:;'
} t i,LH_riv l:L {X vr_�� s,Li:�CL } , PROD!v -COMr.',10P Al G,L�k'EGA
Ary •r• r—•-;-L�,i� n..—'l- s'— it ! [ nr .A 'i t a}— r r-,
ii`1jr.]:= Ir; ri L- O ' I F !I E : } sAL L; Att'tR!1_1r'iJ Si1_!!is i =1 j )iti_
t L i;. T F.S rr, 'i�_ f f rcP.:l;: I-::
1 ! 1 FII+'� iir�f1FAGE (AA]V LONE FIRE1 �T
i
Fa�.TIi;_•�L ;:r Lr=�E ',f:i'si OiiC PERSON! i=
----•-----------------------------------------_'--------------------------------------------------------------
3 t!lTOMOERii E L THRILLT T Y ! !
f ,}..-h i J ( [ A�{_-,n.-' (i!r}tt;i(JJ t'A rPiC�=I?I- ! fL'I i1'�
Al HL!; 1 } ; �;1__J'='trlT �:. _sr V r .fi.'_ } , ;, >i;_J.;
f t i OWNED .3t r}lam I T .!!!n''
.ILL Ot;! _D S I1:- • 3 BOJ IL Y i'�_
? "C1;rDK Ti I='!J UTUS I {PER PERS0
I;zRED NAU OS I i BOiI(L i TfjJL!I.,
} F�OFti-O(rJ?sED A!;!L!,:t j .PER ii�C{EI"%! ? .g
t r°iRt'tOE L�_.iLITY i PROPER T`i
_ r� •,1
tr'.`�rP(:' ,r v I l si 1 -r ; 'r�';!-
fC. LG•- I_.IAI,.L,.I 1 OCCURR F.E.L. .M.GG r.t7r::
;s r,tt 1} ': _. n 1 vr_-;,rM7I 7;n="rQO
��� :? _'ii I,_ L'si FOM j 'v'f�l;-Li�i .J:;li•Jr'_.
(`
ATHun Ti A (j}_ }� j t'i (li7(1 ;"s h::
i 1 ATHu(i HH 11Bi;EL!ti FORM ( ! i=-r;:,
-------------------------------------------------------------------------------------------------------------•------------
i L T r''i T L!TODY
L ti( 4:C�,,{-•i L C._ r?( '^ —'i 4 1,11;pa olro rgi t Ps i C,J-•,
WOR},L;:S;.ifOF PENSA!iON � l;;I:.0�ii; =;!', iur_ ,u. ]. .._ ; :t_ � �;tai.� � ; [: TIM
HF:. -x=,{itj" II�rApE—r'DLP i LIMITi
1priO'}'LRS' LIABILt11 I t ,nftC; eDTcc r EACII �i=r: 1�1
'L't, --t�'LfiSi:"LH s. ,..iirL ICE1
{IOTilEl f c
H= ES
rr.•JrcRT+i` FI:"zA v=_ 4 09if}3. $T !�.;!__ir :i ID•? � ALL r•:I'_Fi CI, L!�__ LLDL:,
v- FLOOD.!, I— •, J
----------------------------------------------------------------------------------------------------------------------
r,--n+ r A- i!(:^ti T!i} aJr�— -s r-- ,r^—r — =•^L aI r C
IIESCRTr!lU OF OPERrr,i-i:TC,i a:Li!GAT .,i�S;�1UTF.1 iFii.I.C!TOFFS,�i'ECIH_ i l .Fi1
} �—:CL, TTs P�1} r,rrs -f;i}� I rY �` .'r: �r:Cr`C?iTr
L JI'u;f�i_ _ ter I':H iL_ _ t'L_ HQ __. 1 _ O Hi'.. _ _ s Cj r-rM17N s•_
r•,r S, C�CRr. s f-i �n A- STEI_ i-'C r ri'
YHE O _ i ;: G:. L T , t�'r`IOJCET rr!-10
siL i �;� ,.! Er� 11", L•Li=L H I ..'s .L ;`�J !,�•, ,: L
::i111'j T'i��1AL ?nlni!i' {'j ri ENDORS 1�' :1 -;•.i rel 1 PRICE f'C n r '1 co I is 'lri _nrss
H__ i•_,:H .a.:;,��_1E._ ENDORSE!• �. r,I IH_h�_. 'i' r ,:;. _. �:P i'v.,� -1-
CERTIFICATE HOLDER CANCELLATION
a~T CSC S E r''iT?.t— i CC!-�isir i�C IIC C -T :n T-f' CC r -r i L:CC—r,r• C �':—
�ua�i pis r_!:'Fi,i !;;IJ •'i{JvLL( rii'•�" !ii In;_ iiillla_ DEJrR_>::D F�LI- L-� !iC I_�''#�CLL�II --; Ur.L_ !!{L Liv
P,'rtti !i-i�`F`i-AVENUE L L'`n-i 11;! Ti^ T rL F, i L i r'd i }'' !, ( , i y,;F "r"
1. �,-f_ 'ORRE AVENJ � i`T.: .k i. n i E ,H ;;CO !;E I�•�1ir O :O-1 1pF:r a_LL II>
:r. i •+ `,•r =r r• r' i s i T s:" s 7;
L=!_!F'E:!?TIF1O; C:; W T�T T E';J NOTICE !O !t{E CE i Tr Ti_A T 1 1-1'�F__1ER P:;�iEG 7777777
pm,
------_.-_--.--_-----._-_'---------------._----_---•-.__----•--------•---------- ---'--------------'-------------------------
j LIIOR:OE`i Hrt?EL I TF E `i t?F!E C�9
7
11113 cndorsen+tnl Is pill of•Ihc allichrd mlicy,•1I Is rflccllvr from Iht slarl o1 the pollcy Icrr» unitss s1.ilCd below,
Mmrnplf. b-T10w whcn'tirldrd mllcr rjlicy Ii�SU1nCC,�
El►ccllvc d"IC10/5/89 1'011CY 14r C05490554CCA MeMI No, TBD
Pained II1SUrCd GAB CONSTRUCTION INC. ;
AddlVonal Premium Ir 1110H
CnunlrrsirnCd by
f
CONTRACTORS LIABILITY POLICY
ADDITIONAL INSURED '
WINERS OR CONTRACTORS)
Dame of Addltlonal InznurCd: THE CITY OF CUPERTINO, ITS ELECTED AND -APPOINTED OFFICERS,
AGENTS & EMPLOYEES
K egrce Nlth YOU that Lhc prr:on or orgimlzaLlon shown above h hr1 lnaurod for Vork'
perrormcd by or ror YOU .ror Lhl, ncronn or organlzatlon. WE trill,blso 1h5Urrr the bet"
of OrA1591On3 Or Was pRAF o C OSIGON , MOD FICATP N Wrt ck��AVv1s1bh or 016 UOrko
.lob description ROAD AT' STEELING, ROAD
PROJECT N0. 90-101 JobX 8956Coati $ 47,715.00
AWT1011AL rnovlszoll:
,(In.iCCT Tn A0, n7rlrr, rrr,Irs Arun rl?nV1;1f1N nr Tim rnr.rCti•. SUCII T.sio l cx AS rr#ovtnrh 11Y VITS
WORSUMNT SHAM, nr, WArn PRMARv, PUT ON1,Y WJTI1 Rr'.1'rCT5 TO WOhre I'MroRMr•,n nY nn roR
THE NAMD INSURrn w r.nNN1XTjnN wirn T11% Anovr, nrscr.(nrn CONTRACT ANn VAT SUCI1 OT11%n
INSURANcr, Or T11r, AnhtTIONAL NAlirn TN7,lrR1.0 ;MALL nr r%cr55 INSURANCE OII1,Y.
Yransamerica Transamerica Insurance Company
A Stock Company/Home Office:Los Angeles.California
Insurance Services
r _
Bid Bond
Approved by The American Institute of Architects
Ail-A. Document No. A-310 (February 1970 Edition) .
4OW ALL MEN BY THESE PRESENTS that we
G.A.B. CONSTRUCTION, fNC
Principal, hereinafter called the Principal, and TRANSAMERICA INSURANCE COMPANY, a corporation duly or anise _____
der the laws of the State of California, as Surety, hereinafter called the Surety, err,;; held firmly bound unto
CITY OF CUPERTINO
10300 TORRE AVE, CUPERTINO,. CA 95104
Obligee, hereinafter called the Obligee, in the sum of
10% OF THE AMOUNT OF THE BID SUBMITTED------------------- _
Dollars ($10%. OF THE BID),
the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,our heirs,
tutors, administrators, successors and assigns, jointly and severally, firmly by these presents.
EREAS, the Principal has submitted a bid for
PRONECT 90-101, TRAFFIC SIGNAL MODIFICATION ON McCLELLAN RD & STELLING RD.
STATE OF CALIFORNIA On this...2-0 6....,day of.... ....in the year
COUNTY OF.SANTA CL.AEtA ss. ............. ................................................ before me,
•••••••••••......,a Notary Public,State of California,
duly licensed and sworn,personally appeared..�Q ,,. ,A,,,,,,,.
personally known to me(or proved to me on the basis of satisfactory evidence)
,0=0
to be the person who executed the within instrument as..
� SZAF ........
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within:instrument pursuant t0 its by-laws or a
resolution of its board of directors.
IN WITNESS WHEREOF I.have hereunto set my hand and affixed
my official seal in theC2TX.W.S.JOSE County of.SANTA
This documwda 4 n ly now pectoral form water may be proper for use in tesimple .,on the a set forth above in this certificate.
tranaaaime and H ro way atxe,or M Intended o act,as a substitute Iw the •••••.••.••.•.•••.•••.•••.
advice of an attorney.The printer does not make any warranty either express or Implied as to tte
Meal validity of any provision or the suitability of these forma in any specific transaction.
Cowdery's Form No.28—Acknowledgement to Notary Public— Notary Public,State of California
Corporation(C.C.Secs.1190-1190.1)—(Rev. 1/83) My commission expires JIM 29, 1990
Y Comm, Exp.June 2,1992.. ...... . ....-... .......... .,...........,._... . ...._.,.
• ••
14222 CALIFO M .• _
(NOTARY ACKNOWLEDGEMENT) 11-82
HEAD OFFICE,PHILADELPHIA,PENNSYLVANIA
POWER OF ATTORNEY
ALL MEN BY THESE PRESENTS,That On RELIANCE INSURANCE COMPANY,a corporation duly organized under the laws of the State of
•tsylvenla.does hereby make,constitute and appoint
•
JOHN J. LOtJGHRAN of PALO ALTO, CALIFORNIA--- I
i
p
ha true and lawful Attorney-In-Fact,to make,execute,9061 and deliver for and on Its behalf,and at Its act and dead I�
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP---- `
a►d to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the some extent at if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other
of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof.
,This Power of Attorney Is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became
effective September 7,1978,which provisions are now In full force and effect,reading as follows: ,
ARTICLE VII— EXECUTION OF BONDS AND UNDERTAKINGS
1, The Board of DIrmors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to la)appoint Attorneys•in-Fact and to authorize them to execute
an behalf of the Company, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and Ib)
to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him.
2. Attorneys-in-Fact shell have power and authority,subject to the terms and limitations of the power of attorney Issued to them,to execute
and deliver on behalf of the Company,bonds and undertakings,recognizonees,contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory
in the nature thereof.*
3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,reeognizences,contracts of indem-
nity or other conditional or obligatory undertakings and they shall also hove power and authority to certify the financial statement of the Company and
to copies of the By-Laws of the Company or any article or section thereof.
This power of attorney Is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June,1979,at which a quorum was present,and said Resolution has not been
amended or repealed:
"Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which It is attached." ,
IN WITNESS WHEREOF,the RELIANCE INSURANCE COMPANY has caused these presents to be signed by Its Via President,and its corporate seal to
be hereto affixed,this 28th day of June 1982
RELIAN INSUR CE MPA
1
Jel
Via President
STATE OF Washington
COUNTY OF King
On this - 28th — day of -- June .1982.personally appeared Charles B. Schmalz
to me known to be the VIa President of the RELIANCE INSURANCE COMPANY,and acknowledged that he executed and attested the foregoing
i �
Instrument and affixed the seal of acid corporation thereto,and that Article VII,Section 1,2,and 3 of the By-Laws of said Company and the Rewlu-
tktn,set forth therein,are still In full fora.
I
My Commission Expires:
-'�
t
May 1 .19 86 IVs."'��j • Notary Public In and for State of Washington
`��V•,:
Residing at Tacoma
1 .
I. Charles J. FalskoW ,Assistant Secretary of the RELIANCE INSURANCE COMPANY,do hereby certify that the above
snd foregoing Is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY,which is still In full force and
affect.
IN WITNESS WHEREOF,I haw hereunto set my hand and affixed the sea1 of sold Company this 24th day of August 19 $9
®DII.1431 Ed.6/79 � Aeittsnt Secretary fjt�
i