H P Construction Company, Inc.
OLD CITY HALL
H P CONSTRUCTION CO. INC.
CLOSING DOCUMENTS
MAY 1993
TABLE OF CONTENTS
1. Agreement by and between lIP Construction Co. Inc.
2. Performance and Payment Bonds.
3. Notice to Proceed From City of Gilroy to lIP Construction Co. Inc.
4. Municipal License for lIP Construction Co. Inc.
5. Contractor's License Information for lIP Construction Co. Inc.
6. Secretary's Resolution regarding authorization and approval.
7 . Workers' Compensation Certificate.
8. Fair Employment Practices Statement.
9. Builder's Risk Certificate of Insurance and Commercial General
Liability !Umbrella Liability Certificate of Insurance.
10. Automobile Liability Certificate of Insurance.
11. Workers' CompensationlEmployers' Liability Certificate of Insurance.
12. Claims clause information.
T' H E
. AMERICAN INSTITUTE OF ARCHITECTS
Reproduced with pennlaalon of The American In.mut. at Archltecta under Ilcen.. number #92123. Pennlaalon .xpl.... October 31. 1m.
fURTHER REPRODUCTION IS PROHIBITED.
Bec:auae AlA Oocument8 are revl8ed from tlm. to
time. ....... ahould a_rtaln from the AlA the
current edition of thl. docum.nt. Copl.. of the
current edition of thla AlA docum.nt may be
purchaaed from The Am.rlcan Inatltut. of
Archltecta or Ita local dl.trlbuto....
I
f".. ;. .
UJ
~ 1", ~~ i
,'-", ./. .....,
The text of thl. docum.nt Ia IlOI "IlIodel Ianguag..
and Ia not Int.nded for UN In other docum.nt8
without perml..lon of the AlA.
AlA Document AlOl
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUM
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION lX'ITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
The 1987 Edition of AlA Document A2Gl, General Conditions of the Contract for Construction, is adopted
in this document by reference. Do not use with other general conditions unless this docume1Jl is modified
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made as of the 20th
Nineteen Hundred and
day of April
in the year of
Ninety-Three
BETWEEN the Owner:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020-0141
(Name and address)
and the Contractor:
H P Construction, Inc.
2190 Stokes Street, Suite 202
San Jose, CA 95128
(Name alia address)
The Project is:
(Name and location)
Old City Hall
7400 M:mterey Street
(Northeast comer at Sixth Street and M:mterey Street)
Gilroy, CA
The Architect is: \.
(Name and addre~)
Archi tectural Resources Group
Pier 9, The Einbarcadero
San Francisco, CA 94111
The Owner and Contractor agree as set forth below.
Copyright 1915, 1918, 1925. 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, @1987byTheAmerican Institute of Archi,
tects, 1735 New York Avenue, N.~'., Washington, D.C. 20006. Reproduction of the materia] herein or substantial quotation
of its provisions without 'I\'ritten permission of the AlA violates the copyright laws of the United States and will be subjecllO
legal prosecution.
AlA DOCUMENT A101 . OWNER,CONTRACTOR AGREEMENT. T\1('ELFTH EDITION. AlAe . @1987
THE AMERICAN INSTITCTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C 20006
A101-1987 1
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contr3ct (GeneraL Supplementar\" and other Conditions\.
Drawings, Specifications. addenda issued prior to execution of this Agreement. other documents listed in this Agreement and
Modifications issued after execution of this Agreement: these form the Contract. and 3re as fully a part of the Contract as if 3ttached
to this Agreement or repeated herein The Contract represents the entire and integrated agreement between the p3rtieS hereto
and supersedes prior negotiations, representations or agreements. either written or oral. An enumeration of the Contract Documents.
other than Modifications, appears in Article 9.
ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in
the Contract Documents to be the responsibility of others, ~. Ml fellM.~:
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date from which the Contract Time of Paragraph 32 is measured, and shall he the date of
this Agreement. as first written aho\"e. unless a different date is stated below or pro\'ision is made for the date to be fixed in a notice
to proceed issued by the Owner.
(/1Isert the dale (~f (ommf!ll(emenl. ~I it d~fJ('1'S /rnrn the dale u( this A);!reenH'lll ur, If appltcah/e stalt' that the date will be fixed PI a IlU[l((' (r, /)"(1(('('(/ )
Date of commencement to be established by a notice to proceed issued by the
Owner ("Notice to Proceed") .
l'..I_,.~ .1.... J_.... ~ r ...."..........__.........~. ............1.};, 1......1 L,: .." ..".:_,-- ,,-, t~..,,--........d L,.H..~....d t)., .11'... .........,.....'. .1..... ....-'.......I.,a....'....... .,lJ"I.IrJH-"IJ~ 11n_
~ ...:. ~ I L. tl r. j ~ L f 0 I T~ I l r .t II t. I. hI 0 f to <> ' I
....,1 v.J.~. v___.:. :...._..1.
3.2 The Contractor shall achie\"e Substantial Completion of the entire Work not later than
(hlsert tbe calendtU" dale or number oJ calendar days after the dale uJ (ummenn.'me1It. Alsu insert any requirements for earlier S'ubsttJllltal Completlul1 (~/ (('"
laIn portwll." vI fl)(' U'-urk if 1101 stated elsetJ'here il1 the C()l1lrtKt f)()(:umellts)
_ Two Hundred Seventy (270) calendar days following the date of commencement
set forth in the Owner's Notice to Proceed,
, subject to adjustments of this Contract Time as pro\"ided in the Contract Documents
(11I.';e,./ P1"Ul"1."';OIlS,. if al/Y fur lil/uldated daHW}r!,es rt'latll/}r!, t(J failure tu (umplete U1l tl111t')
AlA DOCUMENT A101 . OWl'\ER-COl'\TRACTOR AGREEME:\T · TWELFTH EDITIO:\ · ALA' . 's 198-
THE AMERICA:\ Il'\STITl"TE OF ARCHITECTS. 1-" :\E'l; YORK A\"E:\l"E. l'\'l;. WASHI:\GTO:\, DC 20(Jo6
A101.1987 2
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
ARTICLE 4
CONTRACT SUM
4.1 The Ownc::r shall pa'y the ContractQr in current funds for the Contractor's performance of the Contract the Contract Sum of
One Mi 11 ion t. i ght HUndred Ni nety-Ni ne Thousand . Dollars
(S 1,899,000.00 ), subject to additions and deductions as provided in the Con-
tract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are
hereby accepted by the Owner:
(Slale Ibe numbers or otber identification of accepled alternates If dec;siolls on otber alternales are 10 be made by tbe Ou.n.... subsequelltlo Ibe exewtl< ," ('I
Ibis Agreement, aUacb a scbedule of sucb olber altemates shou.illi!, Ibe amou1ll for each and Ibe dale wllil u.bicb Ibat amou1ll is t'alid.)
SEE EXHIBIT "C" ATTACHED HERETO
4.3 l'nit prices. if any, are as follows:
SEE EXHIBIT "C" ATTACHED HERETO
AlA DOCUMENT A101 . O~SER-CO:->:TRACTOR AGREE~IE:->:T . T~ELFTH EDITIO:->: . AlA" ..~ 198-
THE A~IERICA:->: I:->:STITl.TE OF ARCHITECTS. 1-:\'; "E~ YORK A\.E:->:CE.:->:~. WASHI:->:GTO:->:. D C 20uo6
A101-1987 3
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
ARTICLE 5
PROGRESS PAYMENTS
and the Owner
5.1 Based upon Applications for Payment submitted to the Architect;Uy the Contractor and Certificates for Payment issued by the
Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and
elsewhere in the Contract Documents.
5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as
follows:
and the Owner ,
5.3 Provided an Application for Payment is received by the Architecy not later than the f 1 r s t ( 1 s t )
. . day of a month, the Owner shall make payment to the Contractor not later than
the thlrtleth (30th) day of the same month. If an Application for Payment is received by the
~~aethe^Archit<:ct after the application date fixed above, pa\'ment shall be made by the Owner not later than thlrty (30)
days after the :.. ~Ll__t receives the Application for Payment.
, Owner '
5.4 Each Application for Panllent shall be based upon the schedule of \.;llues submitted b\' the Contractor in accordance with
thc Contract Ducuments. The schedule of \.alues shall allocate the entire Contract Sum among the \.arious portilllls of thL' \\'ork
and he prepared in such form and supported by such data to suhstantiate its accurac\' as the Architecr'may require. This scheduk.
unks, ohjected to lw the Architect, shall be used as a basis for rn.ie\\.ing the Contractor's Applications for Pa\'ment. /
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the \X'ork as of the end of the perIod
cm.ered hy the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follo",.s:
5.6.1. Take that portion of the Contract Sum properl\' allocable to completed \X.ork as determined by multiplYing the percemage
completion of each portion of the \Xork b\' the share of the total Contract Sum allocated to that portion of the Work in the schedule
of \'aluL's. less re~linage of ten percent
(10 'ii,). Pending final determin;uion of cost to the O",-ner of changes in the Work, amounts not in the dispute ma\. be
included as pru\ided in Subparagraph -:,.- of the General Conditions even though the Contract Sum Ius not yct been adjusted
by Change Order:
5.6.2 Add that portion of the Contract Sum properly allocahle to materials and equipment de!i\"ered and suitably stored at the
sitc for suhsequcnt incorporation in the ,fompleted c.onstruction (or, if appro\'ed in ad\.ance by the Owner, suitably storcd off the
site at a location agreed upon in writingt less retainage of ten
percent ( 10 'Yo):
5.6.3 Subtract the aggregate of previous payments made by the Owner: and
5.6.4 Suhtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para-
graph 1J. 'i of the Gencral Conditions.
5.7 Thc progress payment anlOunt determined in accordance with Paragraph 5.6 shall be further modified under the following
circumstances:
or the
Owner
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
and the Owner percent ( 95
Sum, less such anlounts as the Architect shall determine for incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter material". delayed through no fault of the Contractor, any additional
amounts payable in accordance with Subparagraph 9.10.:' of the General Conditions.
5.8 Reduction or limitation of retainage, if an\', sh;l.ll be as follows: N/A
Ninety-fi ve
%) of the Contract
f!l it I.' tll/ended prtu,. to ,"-;Ulls/fllltial Cumplt'fiull of tbe entire W'urk. tu reducl' or limit the retaillaj!,e resultlnp,!r011l the percelltu/!,es inserted III .\uhjw1"(/-
~rllfJ/Js o)"(l, I (Old i,()..! ah(j/'(.J, and this is 1/ul ('xplained elseuhere in the CUlllrad DU(JUllell!s. ills'er.1!Jere pnJl'isiullsJor such reduction ur Iimita!1un)
*which equipment and materials shall be covered by the insurance required under
the Contract Documents and shall reference in the title documents applicable
thereto the Owner's interest therein.
AlA DOCUMENT A101 . OW:O;ER.CO:"TRACTOR AGREnlE:O;T · T\XELFTH EDlTIO:O; · AlA' · CS: ]9H-
THE A\IERICA:" I:"STlTl.n OF ARCHITECTS. J -~~ :"E\X YORK A\"E:O;lT :0;\);. \XASHl:O;GTO:". o.c. 20006
A101-1987 4
WARNING: Unlicensed photocopying violates U.S. copyright laws and is aubject to legal prosecution,
ARTICLE 6
FINAL PAYMENT
,
the Contract has been fully performed by the Contractor except for the Contr . correct nonconforming
Work as provided in Subparagraph 12.2.2 of t s an to satisfy other requirements, if any, which necessarily
survive fmal enificate for Payment has been issued by the Architect; such fmal payment shall be made by
See Addendum
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to a prO\'ision of the General Conditions or another Contract Document. the ref.
erence refers to that provision as amended or supplemented by other provisions of the Contract Documents.
7.2 Pavments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated bellm.. or in
the absence thereof. at the legal rate prevailing from time to tlIl1e at the place where the Project is located
(/nsn-f nat' (~I i111(',-('S[ agreed Upo1J. if ollr )
({ 'stny laU's and re'llIzremeHts under the Federal Truth 111 LpHdil1M Act. simrlen .,'fatt' and lucal (OllSUH/er (r('(ill fall'S and uther reJd,u{aft(ill.' af the ()10/t'l",' and
COTlIractur 's pnnlipa/ pianos oj business. the /()((l!Hm oj the Prujec:t and elsewhere may affect the l'altdity vJ thzs prorisrull l.ej!.al aduct' should hi.' Uh!(IlJ/cd
u,ith respect tu deletiuns ur n1udtlic(ltlcHls. alld al...o regard"lg requirements such, as u'rittell disc/usu1"(:'s or u'ait'en.)
7.3 Other provisions:
See Addendum
ARTICLE 8
TERMINATION OR SUSPENSION
8.1 The Contract may be terminated bv the Owner or the Contractor as provided in Article ] -t of the General Conditions
8.2 The Work mav be suspended bv the Owner as provided in Article l-t of the General ConditIons
AlA DOCUMENT A101 . O"l);.'\ER.CO'\TRACTOR AGREE~IE'\T . T\x.ELFTH EOITIO'\ . AlA' . ~ 19H-
THE A.\lERICA'\ I'\STITl.TE OF ARCHITECTS. j-Yi '\E"I); YORK A\'E'\l"E. '\"1); "I); ASHI'\GTO'\. o.c 2()(I(K1
A101.1987 5
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
ARTICLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AlA Document AlOI, 198"7 .
Edition, as modified herein.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AlA Document AlGI, 1987 Editioq. a$ .
modlfled.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
, f ..
October 26, 1992.
B__~.._....L
1litkt
~
9.1.4 The Specifications are those contained in the Project ~lanuaJ dated as in Subparagraph 9.1.3. and are as follows
fFIJ!Jcr Its! (/w .\/,l'l..I/'UlIi()/ls here ur rt~/('r ((I an exhlln-' d/{(l(hed [(I (h1-\ ..1fU"t'cmt'!/l.J
~_.!.lll R
0I0w.
~
SEE EXHIBIT "A" ATTACHED HERETO
AlA DOCUMENT A101 . O~;o.;ER.CO;o.;TRACTOR AGRED1E;o.;T · TWELFTH EDITIO;o.; . AI.~! · ~ 19f'-
THE A~lERIC:A;o.; I;o.;STITL.TE OF ARCHITECTS. 1 ~y; ;o.;E~ YORK A\"E;o.;L"E. ;o.;W, ~.ASHJ;o.;GTO;o.;. D.C 2(KJ06
A101-1987 6
WARNING: Unlicensed photocopying violates U.S, copyright laws and is subject to legal prosecution.
9.1.5 The Drawings are as follows, and are dated ~ctober 26, 1992
unless a different date is shown below:
(Eltber list tbe Drau.illgs bere or refer 10 all exbibit al/acbed /0 Ibis Agreemelll)
}j 117'"\"11'
~
~
SEE EXHIBIT "B" ATTACHED HERETO
9.1.6 The addenda. if an\", are as follows
Number IMW ~
l. Addendum to Standard
Form of Agreement between
Owner and Contractor
2. Addendum No. 1 dated November 10, 1992
3. Addendum No. 2 dated December 2, 1992
4. Addendum No. 3 dated December 12, 1992
P..,. L..~..J ~f :.lla... 1. aa . L1Jtif'l!f; (€I sissiF1g [0 il~iroM'l0tiltc 8r( R8l J1Bft ~f tR8 CORtrB'&"t :h>?~' ........LrpH ......1.:>rc- dai' pijr-t;....g rcorr ,;..c->tY\L>rltc "lra
alDl CI.t1I'flUatf'8 ifl thi~ .. lif'lf' ')
AlA DOCUMENT A101 . OW:"ER-CONTRACTOR AGREE~IE:"T · TWELFTH EDITIO:" . AIA~ . 1S19S-
THE A.\IERICA:" I:"STITL"TE OF ARCHITECTS, 1-35 1\ [\X YORK A\'E:"L"E, :".\X., \XASHINGTON. D.C 20006
A101.1987 7
WARNING: Unlicensed photocopying violates U.S, copyrlghllews and is subject to legal prosecution,
~
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9.1.7 Other documents, if any, forming pan of the Contract Documents are as follows:
(Lisl bere any addilional documenls u'bieb are in/ended 10 form parI of Ibe ContmCl Documenls. The General Condition.' pro,.,de Ibal biddillg requirements sueb
as adl'erlisemenl or inr'ilaliolllo bid, InslrueliotlS to Bidders. sample forms and tbe Conlraclor.s bid are nol parI of Ibe Contract Docunu?tlls ullless e,zumerated
in Ibis Agreement. They sbould be lisled bere ollly If in/ended 10 be parI of Ibe Contracl Documenls.)
1. Notice Inviting Bids (Section I), Instructions to Bidders and Supplementary
Instructions to Bidders (Section II), and Bid Forms (Section III), all as
set forth in the Project Manual.
2. Addendum to General Conditions of the Contract for Construction, Laws and
Requlations Rider and Insurance and Bonds Rider, all as set forth in Section
IV of the Project Manual.
All Contract Documents enumerated in this Article 9 are hereby incorporated
into and made a part of this Agreement by reference as if set forth in this
Agreement in full.
If Contractor is a corporation or a partnership, the individual executing
this Agreement on behalf of the corporation or partnership, as the case may
be, represents and warrants that he/she is duly authorized to execute and
deliver this Agreement on behalf of said entity in accordance with its
corporate by laws or statement of partnership, as the case may be, and
that this Agreement is binding upon said entity in accordance with its
terms. If Contractor is a corporation, the Contractor shall, if requested
by the Owner, deliver to the Owner a certified copy of a resolution of
the Board of Directors of the corporation authorizing or ratifying the
execution of this Agreement. If the Contractor is a partnership, the
Contractor shall, if requested by the OWner, deliver to the OWner a
certified copy of its partnership agreement authorizing such execution.
The aforementioned corporate resolution shall also designate the person(s)
who is authorized on behalf of the Contractor to execute and deliver such
documents, instruments and papers as may be necessary, expedient or
proper for the performance of this Agreement.
This Agreement is entered into as of the day and year first written aboye and is executed in at least three original copies of which
one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the
Owner.
~~CTOR H P CONSTRUCTION, INC., a
~alifornia.corporation
(Pnn/ed name and Itlle)
c; \-\p.."O"3:.~ Nc.~~\., '\>('oQ....~\\\"t.....-t
IPnnledllameal1dltlle) Cal. Con. Lie. #520169
AlA DOCUMENT A101 . O\x.:\ER..CO:\TRACTOR AGREEME:\T · TWELFTH EDITJO:'> · AlA' . <s19R-
THE A~IERICA:'> I:'>STITL.TE OF ARCHITECT~. 1-35 :'>E\\' YORK AVE:'>LE. :'>\\'.. WASHJ:'>GTO:'>, D.C 2000(,
A101.1987 8
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
DIVISION 1
01005
01025
01015
01030
01040
01045
01050
01060
01090
01200
01340
01400
(}141O
01510
01600
01700
DIVISION 2
02050
02115
02220
02710
02900
DIVISION 3
03100
03200
03300
03360
DIVISION 4
04250
04420
04525
04550
DIVISION 5
05100
05500
DIVISION 6
06100
06180
06200
EXHIBIT "A"
LIST OF SPECIFICATIONS
GENERAL REQUIREMENTS
Summary of Work
Measurements and Payments
Allowances
Alternates
Coordination
Cutting and Patching
Field Engineering
Regulatory Requirements
Definitions and Abbreviations
Project Meetings
Submittals
Quality Control
Testing Laboratory Services
Temporary Facilities
Products and Substitutions
Project Closeout
SITE WORK
Selective Demolition
Site Clearing and Demolition
Excavation and Backfilling
Subdrainage System
Landscape and Irrigation
CONCRETE
Concrete Formwork
Reinforcing Steel
Concrete
Shotcrete
MASONRY
Center Core Wall Reinforcement
Brick Masonry
Stone Masonry Restoration
Masonry Cleaning
MET ALS
Structural Steel
Metal Fabrications
WOOD AND PLASTICS
Rough Carpentry
Glu-Lam Construction
Finish Carpentry
P AGE-l
DIVISION 7
07200
07510
07600
07900
DIVISION 8
08110
08210
08305
08600
08700
08800
DIVISION 9
09200
09250
09310
09560
09650
09680
09900
09970
DIVISION 10
10426
10522
10600
10800
DIVISION 11
11400
DIVISION 12
12500
12501
DIVISION 13
DIVISION 14
14212
DIVISION 15
15050
15400
DIVISION 16
16000
THERMAL AND MOISTURE PROTECTION
Insulation
Built-up Roofing
Hashing and Sheet Metal
Sealants and Caulking
DOORS AND WINDOWS
Steel Doors and Frames
Wood Doors
Access Doors
Wood Window Rehabilitation
Finish Hardware
Glazing
FINISHES
Lath and Plaster
Gypsum Wallboard
Ceramic Tile
Wood Strip Hooring
Resilient Flooring
Carpet
Painting
Pre-Finished Panels
SPECIAL TIES
Signage
Fire Extinguishers and Cabinets
Toilet Partitions
Toilet Accessories
EQUIPMENT
Food Service Equipment
FURNISHINGS
Upholstery
Drapery
NOT USED
CONVEYING SYSTEMS
Hydraulic Elevators
MECHANICAL
Basic Mechanical Requirements
Plumbing
ELECTRICAL
Electrical
PAGE-2
EXHIBIT "B"
LIST OF DRAWINGS
DRAWINGS-SHEET INDEX
ARCHITECTURAL
A.O
A.l
A.2
A.3
A.4
A.5
A.6
A.7
A.8
A.9
A.10
Title Sheet
First Floor Plan, First Floor Reflected Ceiling Plan
Second Floor Plans, Second Floor Reflected Ceiling Plan, Roof
Plan
East and West Elevations
South Elevation
North Elevation
sections
Interior Elevations, Door Schedule and Details
courtyard Plan and Details
Interior Details
Exterior Details
site/Landscape Plan and Restaurant Kitchen Plan
STRUCTURAL
S.l
S.2
S.3
S.4
S.5
S.6
S.7
S.8
S.9
S.10
S.ll
Abbreviations and Details
Foundation Plans and Details
Second Floor Framing Plans and
Roof Framing Plans and Details
South Elevations
North Elevations
East and West Elevations
Concrete Shear Wall Elevations
Details
Details
Details
Details
\051\84838.1
21-102304706011
EXHIBIT "c"
1. ALTERNATE ITEMS ACCEPTED BY OWNER:
Pursuant to Paragraph 4.2 of the Agreement, Alternate Nos. 1,
2, 3, 4, 6 and 7 (all as set forth in the Bid Schedule) are
accepted by Owner (and therefore included as part of the Work) at
the following prices:
Alternate No. 1 $ 29,800
Alternate No. 2 $ 13,568
Alternate No. 3 $ 16,182
Alternate No. 4 $ 10,100
Alternate No. 6 $ 9,357
Alternate No. 7 $ 5,340
2 . ALLOWANCES/UNIT PRICES:
Pursuant to Paragraph 4.3 of the Agreement, the following unit
prices shall apply:
Allowance No. 1 (A) $ 120.00 per linear foot
Allowance No. 1 (B) $ 8.00 per linear foot
Allowance No. 1 (C) $ 30.00 per linear foot
Allowance No. 2 $ 7.00 per square foot
Allowance No. 3 $ 240.00 per linear foot
Allowance No. 4 $6,559.00 per door
Allowance No. 5 (A) $ 30.00 per square foot
Allowance No. 5 (B) $ 30.00 per square foot
Allowance No. 6 $ 42.00 per square foot
Allowance No. 7(A) $ 30.00 per square foot
Allowance No. 7 (B) $ 42.00 per square foot
Allowance No. 8 $ 25.00 per square foot
Allowance No. 9 $ 7.50 per square foot
The allowance for Allowance No. 10 shall be $4,500.00.
The allowance for Allowance No. 11 shall be $2,500.00.
With respect to Allowance No. 12(A) (drapery fabric),
Contractor shall be deemed to have stated 150 yards on its Bid
Schedule, and, with respect to Allowance No. 12(B) (drapery lining
fabric), Contractor shall be deemed to have stated 208 yards on its
Bid Schedule.
All references to Allowance numbers stated above are to the
Allowance numbers set forth in the Bid Schedule.
\051\109121.1
32-041804706011
-1-
ADDENDUM TO STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
This is an Addendum ("Addendum") to that certain Standard Form
of Agreement between Owner and Contractor entered into concurrently
herewith ("Agreement"), between the City of Gilroy ("Owner") and
H P Construction, Inc. , a California corporation ("Contractor").
The capitalized terms used in this Addendum shall have the same
meanings and definitions as set forth elsewhere in the Contract
Documents unless otherwise redefined herein.
1. Contract Sum. It is understood and agreed by the Owner
and the Contractor that the Contract Documents call for a
stipulated sum and that under no circumstances other than Owner-
Caused Delays or a Change Order or Construction Change Directive
issued in accordance with the Contract Documents which increases
the scope of the Work will the amount payable to the Contractor
exceed the Contract Sum. Except as otherwise provided in Subpara-
graph 8.3.1 of the General Conditions for Owner-Caused Delays, a
Change Order or Construction Change Directive which only changes
the Contract Time (and not the scope of the Work) shall in no event
increase the Contract Sum to be paid to the Contractor under the
Agreement. Notwithstanding the foregoing, nothing contained in
this Section 1 shall be construed to relieve the Owner from
liability for its active negligence.
2. Final Payment. Final payment, constituting the entire
unpaid balance of the Contract Sum, shall be paid by the Owner to
the Contractor when the following conditions have been satisfied:
(i) the Work has been fully completed, (ii) the obligations of
Contractor under the Contract Documents have been fully performed
by the Contractor except for the Contractor's responsibility to
correct non-conforming work as provided in Subparagraph 12.2.2 of
the General Conditions, (iii) a final Application for Payment
(together with the submittals required under Subparagraph 9.10.2
of the General Conditions) has been submitted by the Contractor and
a final Certificate for Payment has been issued by the Architect
in connection therewith, (iv) the Work has been inspected and
approved by the Owner and all applicable governmental authorities,
and (v) no stop notices have been filed with the Owner with respect
to the Work. Final payment shall not constitute a waiver by the
Owner of any claims, whether known or unknown, that the Owner may
have against the Contractor, and Subcontractors or any other third
parties.
3. Liquidated Damages. THE OWNER AND THE CONTRACTOR
RECOGNIZE THAT THE OWNER WILL SUFFER SUBSTANTIAL DAMAGES AND
SIGNIFICANT FINANCIAL LOSS AS A RESULT OF THE CONTRACTOR'S DELAY
IN ACHIEVING SUBSTANTIAL COMPLETION OF THE WORK WITHIN THE CONTRACT
TIME. THE OWNER AND THE CONTRACTOR HEREBY ACKNOWLEDGE AND AGREE
THAT THE DAMAGES AND FINANCIAL LOSS SUSTAINED AS A RESULT OF SUCH
FAILURE WILL BE EXTREMELY DIFFICULT AND IMPRACTICABLE TO ASCERTAIN.
\051\58688.5
314-041804706011
-1-
THEREFORE, THE OWNER AND THE CONTRACTOR HEREBY AGREE THAT IN THE
EVENT SUBSTANTIAL COHPLETION OF THE WORK IS NOT ACHIEVED WITHIN THE
CONTRACT TIME, THE OWNER SHALL BE ENTITLED TO COMPENSATION BY WAY
OF LIQUIDATED DAMAGES (AND NOT AS A PENALTY) FOR THE DETRIMENT
RESULTING THEREFROM IN THE SUM OF FIVE HUNDRED DOLLARS ($500.00)
FOR EACH DAY DURING WHICH SUBSTANTIAL COMPLETION OF THE WORK IS
DELAYED BEYOND THE CONTRACT TIME. THE OWNER AND THE CONTRACTOR
FORTHER AGREE THAT THE FOREGOING AMOUNT REPRESENTS A REASONABLE
ESTIMATE OF THE OWNER'S DAMAGES AND FINANCIAL LOSS IN THE EVENT OF
ANY SUCH DELAY IN ACHIEVING SUBSTANTIAL COHPLETION CONSIDERING ALL
OF THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THE CONTRACT,
INCLUDING THE RELATIONSHIP OF SUCH AMOUNTS TO THE RANGE OF HARM TO
THE OWNER WHICH REASONABLY COULD BE ANTICIPATED AS OF THE DATE OF
THIS CONTRACT AND THE EXPECTATION THAT PROOF OF ACTUAL DAMAGES
WOULD BE EXTREMELY DIFFICULT AND IMPRACTICABLE.
BY INITIALL
SIGNIFY THEIR
PARAGRAPH BELOW, THE PARTIES HERETO
ONSENT TO THE TERMS OF THIS SECTION 3.
G..N.
CONTRACTOR
4. ted Re resentative for No ices. The designated
representative of the Owner for written notices shall be Mr.
Michael Dorn and the designated address for such written notices
shall be The City of Gilroy, Planning Department, 7351 Rosanna
Street, Gilroy, California 95020. The designated representative
of the Contractor for notices shall be Mr. Ghadi r Nejat
and the designated address for such notices shall be
H P Construction, Inc., 2190 Stokes Street, Suite 202, San Jose. CA 95128. The
foregoing designated representatives and/or designated addresses
for notices may be changed by the applicable party by providing
written notice thereof to the other party.
5. Worker's Compensation. In accordance with the provisions
of sections 1860 and 3700 of the California Labor Code, the
Contractor shall secure the payment of compensation to its
employees. Concurrently with its execution and delivery of the
Agreement to the Owner, the Contractor shall execute and deliver
to the Owner a certificate in the form attached hereto as Exhibit
"A" and shall provide the Owner with satisfactory evidence that the
Contractor has secured in the manner required and provided by law
the payment of worker's compensation.
6. Attorneys' Fees. If any legal action or other proceeding
is commenced to enforce or interpret any provision of, or otherwise
relates to, the Contract Documents, the losing party shall pay the
prevailing party's actual expenses incurred in the investigation
of any claim leading to the proceeding, preparation for and
participation in the proceeding, any appeal or other post-judgment
motion, and any action to enforce or collect the judgment,
including contempt, garnishment, levy, discovery and bankruptcy.
For this purpose, "expenses" include, without limitation, court or
other proceeding costs and experts' and attorneys' fees and their
\051\58688.5
314-041804706011
-2-
expenses. The phrase "prevailing party" shall mean the party who
is determined in the proceeding to have prevailed or who prevails
by dismissal, default, settlement or otherwise. The provisions of
this Section 6 relating to post-judgment expenses are intended to
be severable from all other provisions of the Contract Documents,
and shall survive and not be deemed merged into any judgment
obtained.
7. Severability. If any provision of the Contract Documents
is determined by a court having jurisdiction thereof to be invalid,
void or illegal, such det.ermination shall not affect any other
provision of the Contract Documents and all such other provisions
shall remain in full force and effect.
8. Retainage from Payments. Notwithstanding the provisions
set forth in Article 5 of the Agreement regarding retainage to the
contrary, the Contractor may elect to receive one hundred percent
(100%) bf payments due under the Contract Documents from time to
time, without retention of any portion of the payment by the Owner,
by depositing securities of equivalent value with the Owner or
permitted escrow agent in accordance with the provisions of
section 22300 of the California Public Contract Code. Securities
eligible for investment under this provision shall be limited to
those listed in section 16430 of the California Government Code,
bank or savings & loan certificates of deposit, interest-bearing
demand deposit accounts, stand-by letters of credit, or any other
security mutually agreed to by the Contractor and the Owner.
Alternatively, the Contractor may request and the Owner shall make
payment of retentions earned directly to the designated escrow
agent at the expense of the Contractor, all in accordance with
section 22300 of the California Public Contract Code.
9. Binding Effect. The Contract Documents shall be binding
upon and shall inure to the benefit of the parties hereto and their
respective successors and permitted assigns. Nothing contained in
the Contract Documents shall in any way constitute a personal
obligation or impose any personal liability on any employees,
officers, directors or agents of the Owner or any successors and/or
assigns of the Owner.
10. Timely Progress Payments by Owner. Pursuant to
Section 20104.50 of the California Public Contract Code, the Owner
is required to set forth Section 20104.50 of the California Public
Contract Code (or a summary thereof) in the Contract Documents.
Section 20104.50 of the California Public Contract Code provides
as follows:
~ 20104.50.
(a) (1) It is the intent of the Legislature
in enacting this section to require all local
governments to pay their contractors on time
so that these contractors can meet their own
obligations. In requiring prompt payment by
\051\58688.5
314-041804706011
-3-
\051\58688.5
314-041804706011
all local governments, the Legislature hereby
finds and declares that the prompt payment of
outstanding receipts is not merely a municipal
affair, but is, instead, a matter of statewide
concern.
(2) It is the intent of the Legislature
in enacting this article to fully occupy the
field of public policy relating to the prompt
payment of local governments' outstanding
receipts. The Legislature finds and declares
that all government officials, including those
in local government, must set a standard of
prompt payment that any business in the
private sector which may contract for services
should look towards for guidance.
(b) Any local agency which fails to make any
progress payment within 30 days after receipt
of an undisputed and properly submitted
payment request from a contractor on a
construction contract shall pay interest to
the contractor equivalent to the legal rate
set forth in subdivision (a) of
Section 685.010 of the Code of Civil
Procedure.
(c) Upon receipt of a payment request, each
local agency shall act in accordance with both
of the following:
(1) Each payment request shall be
reviewed by the local agency as soon as
practicable after receipt for the purpose of
determining that the payment request is a
proper payment request.
(2) Any payment request determined not
to be a proper payment request suitable for
payment shall be returned to the contractor as
soon as practicable, but not later than seven
days, after receipt. A request returned
pursuant to this paragraph shall be accom-
panied by a document setting forth in writing
the reasons why the payment request is not
proper.
(d) The number of days available to a local
agency to make a payment without incurring
interest pursuant to this section shall be
reduced by the number of days by which a local
agency exceeds the seven-day return require-
ment set forth in paragraph (2) of subdivi-
sion (c). .
-4-
(e) For purposes of this article:
(1) A "local agency" includes, but is
not limited to, a city, including a charter
city, a county, and a city and county, and is
any public entity subject to this part.
(2)
payments
of the
contract
A "progress payment" includes all
due contractors, except that portion
final payment designated by the
as retention earnings.
(3) A payment request shall be
considered properly executed if funds are
available for payment of the payment request,
and payment is not delayed due to an audit
inquiry by the financial officer of the local
agency.
(f) Each local agency shall require that this
article, or a summary thereof, be set forth in
the terms of any contract subj ect to this
article.
The. Owner shall be subj ect to the foregoing article with
respect to processing Applications for Payment received by the
Contractor pursuant to the Contract Documents.
11. Retention Proceeds. Pursuant to Section 7107 of the
California Public Contract Code, retention proceeds withheld from
any payment by the Owner from the Contractor, or by the Contractor
from any Subcontractor, shall be subject to Section 7107 of the
California Public Contract Code, which section provides in
pertinent part as follows:
(a) Within 60 days after the date of comple-
tion of the work of improvement, the retention
withheld by the public entity shall be
released. In the event of a dispute between
the public entity and the original contractor,
the public entity may withhold from the final
payment an amount not to exceed 150 percent of
the disputed amount. For purposes of this
subdivision, "completion" means any of the
following:
(1) The occupation, beneficial use, and
enjoyment of a work of improvement, excluding
any operation only for testing, startup, or
commissioning, by the public agency, or its
agent, accompanied by cessation of labor on
the work of improvement.
\051\58688.5
314-041804706011
-5-
(2) The acceptance by the public agency,
or its agent, of the work of improvement.
(3) After the commencement of a work of
improvement, a cessation of labor on the work
of improvement for a continuous period of 100
days or more, due to factors beyond the con-
trol of the contractor.
(4) After the commencement of a work of
improvement, a cessation of labor on the work
of improvement for a continuous period of 30
days or more, if the public agency files for
record a notice of cessation or a notice of
completion.
(b) Subject to subdivision (c) below, within
10 days from the time that all or any portion
of the retention proceeds are received by the
original contractor, the original contractor
shall pay each of its subcontractors from whom
retention has been withheld, each subcon-
tractor's share of the retention received.
However, if a retention payment received by
the original contractor is specifically desig-
nated for a particular subcontractor, payment
of the retention shall be made to the desig-
nated subcontractor, if the payment is consis-
tent with the terms of the subcontract.
(c) The original contractor may withhold from
a subcontractor its portion of the retention
proceeds if a bona fide dispute exists between
the subcontractor and the original contractor.
The amount withheld from the retention payment
shall not exceed 150 percent of the estimated
value of the disputed amount.
(d) In the event that retention payments are
not made within the time periods required by
this section, the public entity or original
contractor withholding the unpaid amounts
shall be subject to a charge of 2 percent per
month on the improperly withheld amount, in
lieu of any interest otherwise due. Addition-
ally, in any action for the collection of
funds wrongfully withheld, the prevailing
party shall be entitled to attorney's fees and
costs.
(e) Any attempted waiver of the provisions of
Section 7107 shall be void as against the
public policy of the State of California.
\051\58688.5
314-041804706011
-6-
.
.
In the event of any conflict or inconsistency between the
terms of Section 7107 of the California Public Contract Code and
any other terms of the Contract Documents (including Section 2 of
this Addendum), the terms of Section 7107 shall prevail.
\051\58688.5
314-041804706011
-7-
EXHIBIT "A"
(As Required by Section 1861 of the California Labor Code)
I am aware of the provisions of section 3700 of the California
Labor Code which require every employer to be insured against
liability for workers' compensation or to undertake self-insurance
in accordance with the provisions of that code, and I will comply
with such provisions before commencing the performance of the work
of this contract.
Contractor: \-\~ eo\ol~\~c:..\\<)N ~""-~.
By: (~~~~
Ti tle: ~(" <-~\.~"" \-
\051\58688.5
314-041804706011
-8-
ORIG\NAL
I~E"''f'' rr f
(As Required by Section 1861 of the California Labor Code)
I am aware of the provisions of section 3700 of the California
Labor Code which require every employer to be insured against
liability for workers' compensation or to undertake self-insurance
in accordance with the provisions of that code, and I will comply
with such provisions before commencing the performance of the work
of this contract.
H P CONSTRUCTION, INC., a
Contractor: California corporation
By: ( :) ~ ro;-; J"--.- ~
' ------
Title: t>~--~\.\b-.\-
\051\58688.4
212-102204706011
-4-
II
SOmMA
(:f)\--- ----------- -~-.-,
II f;
('\ MAY J 9B I
N AlU~L-- !
. --------.1
SOREMA NORTH AMERICA REINSURANCE COMPANY
#
.
May 10, 1993
Mr. Philip Valenzuela
Director of Human Resources
City of Gilroy
7351 Rosanna St.
Gilroy, Ca. 95020
Re: H.P. Construction Inc.
San Jose, Ca.
Dear Phil:
Attached please find the addendum for Bond No. 9262238. As we
discussed, the American Bonding reinsurance program is a per
contractor cover, therefore we have inserted the maximum
reinsurance limit applicable to the contractor.
The each principal or contractor limit applies to loss irrespective
of the number of bonds involved be it one or more bond losses. We
trust you will find this in order.
Sincerely,
/
~4~~
Richard D. Cook, AVP\Bond Mgr.
C: D. Dorton\American Bonding
One Seaport Plaza, 199 Water Street, New York, NY 10038-3526
Telephone: 212-480-1900 Fax: 212-480-1328 Telex: 408480 SOREMA N A
...
ADDENDUM TO REINSURANCE
CERTIFICATE (NO. R C 000087)
This is an addendum to that certain Reinsurance certificate
(No. R C 000087) executed by American Bonding Company and Sorema
North America Reinsurance Company with respect to Bond No. 9262238.
Item 6:
Contract/Project Description:
Proiect:
Old City Hall, 7400 Monterey street, Gilroy,
CA
Contract:
Contract Documents entitled "Old City Hall,
Gilroy, CA Project Manual, October 26, 1992,
Bid No. 93-PL-205," as amended
The amount of the reinsurance being provided by the Reinsuring
Company in connection with Bond No. 9262238 is $ 1.899.000
Subject to a maximum aggregate per contractor reinsurance limit of
$4,500,000.
The undersigned, Sorema North America Reinsurance Company, as
the Reinsuring Company listed the Reinsurance certificate, agrees
to be bound by the same terms and conditions as American Bonding
Company, the Direct Writing Company listed in the Reinsurance
certificate, under Bond No. 9262238.
REINSURING COMPANY:
(Seal)
SOREMA NORTH AMERICA
REINSURANCE COMPANY, a
New York corporafion
~ ~k
Richard D. Cook
Assistant Vice President
-1-
.
.
SOREMA NORTH AMERICA REINSURANCE COMPANY
fo ~ R. e. - 000 0 ~ 1
GENERAL POWER OF ATTORNEY
KNOW All MEN AND WOMEN BY THESE PRESENTS, That SOREMA North America Reinsurance Company
has made, constituted and appointed, and by these presents does makes, constitutes and appoint
---------------------------------------- RICHARD D. CO 0 K n______________..______________________
its true and lawful attorney-in-fact, for It and In Its name, place, and stead to execute on behalf of the said
Company, as surety, bonds, undertakings and contracts of suretyship provided that no bond or undertaking or
contract of suretyship executed under this authority shall exceed in amount the sum of Five million and no/100
dollars ($5,000,000.00),
IN WITNESS WHEREOF, SOREMA North America Reinsurance Company has caused its official seal to be
hereunto affixed, and these presents to be signed by its President and Chief Executive Officer and attested by its
Senior Vice President, General Counsel and Corporate Secretary this 2fp,Lt.- day of ~ ' 199)..-;
Daniel E. Schmidt, IV
Senior Vice President, General Counsel
and Corporate Secretary
SOREMA North America Reinsurance Company
Attest:
~~
BY:~~
'1"
.
I, l'i I,
( ,
I..'ll
"" ,';.
Pierre D, Croizat ",< .;\' , '
President and Chief Executive Officer, '" ',> ."
.~ .',1 / ;" /
.'. /
I,', I J.
',I
-; .': I; 'I)
~, ,.1 ) ", I I J 'I ~
'/) t'/ > ' . I,. "/ ,
) ., ,) 'I" 1
) . , \ \
ss: .... I \' ,.
COUNTY OF NEW YORK )'!r!~':::;';, ,.'
On this~C ~ay of ~ , 19 ~ , before me personally came Pierre D. Croizat, to me
known, who being by me duly ;';"orn, did<'depose and say that he is the President and Chief Executirve Officer of
SOREMA North America Reinsurance Company, the company described in and which executed 'tha' above...
instrument, that he knows the seal of the said company, and that the seal affixed to be satci'instrument is such
corporate seal. 0,' ',,' " ' "r
~~~crc~:8~~~ortt I'r~~k~ ,I ",'.1/\
~'i~~~~7Cou~ I Notary Public " \ '{',. . ,\ .;.
Conuni$sion E;;J:ir.... fWD. 17. 'ii::J:;{
I.... "..".,,_.,,~ .\.....
". "". I! J \ .\ '
", r f! "
STATE OF NEW YORK
CERTIFICATE
I, Daniel E. Schmidt, IV, Senior Vice President, General Counsel and Corporate Secretary of SOREMA North
. America Reinsurance Company, do hereby certify that the Power of Attorney issued pursuant hereto, is true and
correct, and that the Power of Attorney is still in full force and effect.
~IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said corporation this
_lo'l day of -tt "6 , 19n-,
. ~E. ~
Daniel E. Schmidt, IV,
Senior Vice President, General Counsel
and Corporate Secretary
Bond if 9262238
Premilnn: $22,490.00
-
--- --------
.,~. Vi""- ) :'''''''~ ;
i hh;1
va\~I.,..;c
PBRPORXANCB BOND
KNOW ALL MEN BY THESE PRESENTS,
.'--
That H P Constructi o~', Inc. , as CONTRACTOR, and
American Bonding Company , as Surety, are held and
firmly bound unto the City of Gilroy (hereinafter called .OWNER"),
in the sum of One Million Eight Hundred "Ninety-Nine Thousand. dollars,
(Not less than 100 percent of Contract Sum)
for the payment of which sum, well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
~''"Company
WHEREAS, said CONTRACTOR has been awarded and is about to
enter into the annexed Agreement with said OWNER to perform the
WORK as specified or indicated in the Contract Documents entitled
"Old City Hall, Gilroy, California, Project Manual, October 26,
1992, Bid No. 93-PL-20S."
NOW THEREFORE, if said CONTRACTOR shall perform all the
requirements of said Contract Documents required to be performed
on its part, at the times and in the manner specified therein, then
this obligation shall be null and void, otherwise it shall remain
in full force and effect.
PROVIDED, that any change, addition, alteration or modifica~
tion in either the Contract Documents or the Work which may be made
pursuant to the terms of said Contract Documents, including,
without limitation, any changes extending the time for performance,
the materials to be furnished or the scope of the Work, shall in
no way exonerate or release said CONTRACTOR or said Surety from
this Bond, and said Surety does hereby waive notice of and consent
to any such change, addition, alteration or modification in the
Contract Documents and/or the Work.
SIGNED AND SEALED, this
H P C ONSTRUCTI ON: I NC., a ~""Company
California corporation
CONTRACTOR
( ""
B. )~
21
day of
April
, 19~
American Bonding Camnanv
SURETY
S~gnature '----- V' .
------~ Att8rn~
(SEAL AND NOTARIAL AC}r~OWLEDGEMENT OF CONTRACTOR AND SURETY)
By:
\051\59878.3
213-102301501001
J::I:&
l
ALL-PURPOSE ACKNOWLEDGMENT
state Of California
County Of Santa Cruz
On April 21, 1993, before me, JOE A. FERRANTE NOTARY PUBLIC
Name, T1tle of Off1cer
personally appeared
Virqinia L. Mazrv
Name(s) of S1gner(s)
me or proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/
are subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed
the instrument.
personally known to
and official seal.
CAPACITY CLAIMED BY SIGNOR
Individual(s)
Corporate
Officer(s)
T1t:le
Partner(s)
-X Attorney In Fact
Other:
SIGNOR IS REPRESENTING:
Name of persons
or entity(ies)
American Bondinq Companv
~ENTION NOTARY: Although the informat1on requested below 1S OPTIONAL, 1t could prevent
~audulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE
MUST BE ATTACHED
~'O THE DOCUMENT
DESCRIBED AT RIGHT.
Title or Type of Document FINAL BONDS
Number of Pages Date of Document April 21, 1993
State of
California
}
County of
Santa Clara
On flf! I~ 'LJ (90 before me, Ob'hA (cj I~. G /.Ld"l..t~ nit tnVt tv' (/U ,
, DATE ( NAME, TITLE OF OFFICER. EG, "JANE DOE, NOTA Y'PUBlIC"
personally appeared 0' A ( r:I;r 1v:J t1 L
_ / NA (S) OF SIGNER(S)
o personally known to me - OR - L.Yproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
~ knowledged to me that he/she/they executed
the same in his/her/their authorized
" capacity(ies), and that by his/her/their
\"
;:1 signature(s) on the instrument the person(s),
ri or the entity upon behalf of which the
person(s) acted, executed the instrument.
~...:;. ; ~':~':' .~....
,..'
.~\
'. ..,: "'~ "
}
.,r
;;'Fi~.^L SErL
DONAl.D A. GOLDSTEIN
NOT~ii'l PUBtlC -CALlFOm'[A
SANTA ClARA CCUt.'fY
My COO1:11. Expiles ~n. 9.1995
.:"~"'-:"t;'~"~:':':;';:';:_.;;o'~;~~~S":""~~~::O:?::":)'~~~-~~~':;"'-:'
w'T~J;ln::,A7t s~al
"G~ web' """"
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
o INDIVIDUAL
g-c~RPO~ATF- O~ICER(S)
( (f:' J j rk,.II L
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERS~N(S) OP'jNTITYj;IES)./
_H. r ( {^"( i ,AA.ef~..., ';J.t., l_
AMERICAN BONDING COMPANY
9262238
GENERAL POWER OF ATTORNEY
Know all men by these Presents, That AMERICAN BONDING COMPANY has made, constituted and appointed, and by
these presents does make, constitute and appoint
VIRGINIA L. MAZRY OF APTOS, CALIFORNIA
its true and lawful attorney-in-fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and
contracts of suretyship to be given to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
lWO MILLION FIVE HUNDRED THOUSAND ($2,500,000) DOLLARS
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company on the 15th day of November, 1991.
"RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President
of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney-in.fact named in the given Power of Attorney to execute in
behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of
them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to 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 when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached."
In Witness Whereof, AMERICAN BONDING COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed
by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1 st Day of December, 1992.
iI~ /l !tV/(7
William R. McKenzie, Assistant Vice President
By
------
8T ATE OF ARIZONA }
COUNTY OF PIMA
ss.:
On this 1 st day of December ,1992, before me personally came James M. Boylan. to me known, who being by me duly sworn, did
depose and say that he is a Vice President of AMERICAN BONDING COMPANY. the corporation described in and which executed the above instrument;
that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said corporation and that he signed his name thereto by like order.
Ie
OFFICIAL SEAL
CHRISTIE TURLEY
NOTARY PUBLIC
My Commission Expires
March 10. 1995
CERTIFICA II::
CHRISTIE TURLEY
NOTARY PUBLIC
My Commission Expires March 10, 1995
I, the undersigned, an Assistant Secretary of AMERICAN BONDING COMPANY, an Arizona corporation, DO HEREBY CERTIFY that the
foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution 01 the Board of Directors.
set forth in the said Power of Attorney, is now in force.
Signed and sealed at the city of Tucson, in the State of Arizona. Dated the
21
day of
April
,19 93.
J~~~'
Florence E. Robert, Assistant Secretary
<&, ^'
SOREMA NORTH AMERICA REINSURANC rcn
tJ)
GENERAL POWER OF ATTORNEY \
^ AJ.JfV\' 17 r=.:l
___ ':::: __t. ::~~/ . h11. ~:.
i;
MAY -6 1993 I:
~ t
KNOW All MEN AND WOMEN BY THESE PRESENTS. That SOREMA No
has made. constituted and appointed, and by these presents does makes, consti
any
________________________________________ RICHARD D. COOK ----------------------------------------
its true and lawful attorney-in-fact, for It and In Its name, place, and stead to execute on behalf of the said
Company, as surety, bonds, undertakings and contracts of suretyship provided that no bond or undertaking or
contract of suretyship executed under this authority shall exceed in amount the sum of Five million and no/100
dollars ($5,000.000.00).
IN WITNESS WHEREOF. SOREMA North America Reinsurance Company has caused its official seal to be
hereunto affixed, and these presents to be signed by its President and Chief, Executive Officer and attested by its
Senior Vice President, General Counsel and Corporate Secretary this .z.4.,i?-. day of ;:e~~t/~'J ' 199).--;
A nest: \
~idE~cF
Daniel E. Schmidt, IV \.
Senior Vice President. General Counsel
and Corporate Secretary
SOREMA North America Reinsurance Company
By: ~ ......c-----
Pierre D. Croizat
President and Chief Executive Officer
STATE OF NEW YORK )
) 55:
COUNTY OF NEW YORK )
On thise2C t'~ay of 1-J~....<-::r ' 19!K:2 , before me personally came Pierre D. Croizat, to me
known, who being by me duly sworn, didCdepose and say that he is the President and Chief Executive Officer of
SOREMA North America Reinsurance Company, the company described in and which executed the above
instrument, that he knows the seal of the said company, and that the seal affixed to be said instrume~t is such
corporate seal.
T. PATRICIA MUHAMMAD
...., PublIc. Stat., of New York
No. 3i~3C7 rei
Queliflsd i" ::;<';',\1 v.';;~ Cou . '
Comml$;ic;.n 8~ir",.. I:~ 17. 1
r flx-~);~~^-
Notary Public
CERTIFICATE
I, Daniel E. Schmidt, IV, Senior Vice President, General Counsel and Corporate Secretary of SOREMA North
America Reinsurance Company, do hereby certify that the Power of Attorney issued pursuant hereto, is true and
correct, and that the Power of Attorney is still in full force and effect.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of said corporation this
21stdayof April , 19~.
~ . c~ ~
~C--dZ C.. . it<:&i -
Daniel E. Schmidt, IV, (/
Senior Vice President, General Counsel
and Corporate Secretary
REINSURAOCE CERTIFICATE
Re. G 0 ~ 0 87
Treasw:y Underwriting Limit
Direct Writ~g Company:
American Bonding Company
6245 East Broadway Blvd.
Tucson. Arizona 85711-6862
RemSurl.ng Company:
5 595,000
SOREMA North America Reinsurance Company
199 Water Street
New York, New York 10038-3526
Treasw:y Underwriting L~it S 10,207.000
Amount of Reinsurance:
5 4.500,000
S 8,000,000
S 10,000,000
Each Bond
Each Principal
Annual Aggregate
j.
Reinsuring Company
Treasw:y Underwritmg
S
S
S
Limit
Each Bond
Each Principal
Annual Aggregate
4. Collateral
Form
Amount
S
5. Principal
H P Construction, Inc.
2190 Stokes Street, Suite 202
San Jose, CA 95128
6.
Contract Descrlption
Bond Number 9262238
8.
cete of Bond 4/21/93
Old City Hall
7400 Monterey Street
Gilroy. r.A
I
19. BondAmountS...J,Rqq.nnn.OO
I
Direct Writing Company
Authorized Officer:
Einil B. Askew
~VJr. ~
.
(Name)
(Title)
(Signature)
(Seal)
Remsurmg Company
(Name)
(Title)
(Signature)
(Seal)
State ot AI:lzona)
) ss
Coum:v of Pirra )
. .JSf- ~.
On L'1:"3 ~ day of 1lJlA..P~ ' 19!1;i, before me, a Notary ':'ublle,
personall'/ a]::peared the above-n 'officer of American Bonding Company, a corporatlon,
knOWfltc ,",':~O be the person and officer who executed the above reinsurance certificate on
behalf 01: tba corporation and acknowledges the corporation voluntarily executed the same.
till, 1 dJha 1
Notary
~ (P1rtYl ~ W\/ _0//1/.114-.
cJ.
^Oo,.~
tI-3/ -Lit:,
State of New York )
) ss
County of Ne;.] York)
On thlS ~ day of 19~, before me, a Notary Public ,
personally appeared the above- amed officer of SOREMA North America Reinsurance Company, a
::orporad.oI1, known to me to be the person and officer who executed the above reinsurance
certifisate on behalf of the corporation and acknowledges the corporation voluntarily
2xec~ted the same. LAURELA. GAINES
Notary Public. State of New York
No 24.4917991 ~
Qualified .in Kings County 1'1
('.f"'1"m~~;;:.~nf' Explrer .J~n 25p ---, ,
This Certificate lS a COnflrmatlon of Reinsurance provided by the SOREMA North Amerlca
Reinsurance CompanY to tne Amerlcan Bondmg Company and confers no additional rights to the
obll.gee.
PROVIDED, that any change, addition, alteration or modifica-
tion in either the Contract Documents or the Work which may be made
pursuant to the terms of said Contract Documents, including,
without limitation, any changes extending the time for perfonnance,
the materials to be furnished or the scope of the Work, shall in
no way exonerate or release said CONTRACTOR or said Surety from
this Bond, and said Surety does hereby waive notice of and consent
to any such change, addition, alteration or modification in the
Contract Documents and/or the Work.
SIGNED AND SEALED, this 21
day of
April
19l1.-
H P CONSTRUCTION~ INC., a ~~ompany
California corporation
CO~~ ·
By. ". gnatu~
American Bonding Company
SURETY
.I J
By: ~~S\~,;'~uQ ; ~~-d
V
Virginia L. M=tzry
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF CONTRACTOR AND SURETY)
\051\59878.3
213-102301501001
...
State of
California
}
/~) 1> rC;9j me O''Y\((d (~6uIJ(~/. b i;" /v.1(((
'In f' p' DATE! before. NAME, TITLE OF OFFICER _ EG., "JANE DOE, NOTA Y PUBLIC"
personally appeared C ~.. J /v N-< i ~ t
NAM~) OF SIGNER(S) ,
o personally known to me - OR - 4YfJroved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument
County of
Santa Clara
.~.".\t:,"!:~'.~'.r. .
Irt:~~.~,:~,
~.:.. . i
~:'F1:::'Al SLl.L
DONALD A. GOLDSTEiN
NOTIJiY PUBLIC" CALIFORNiA
SANTA ClARA COUNTY
My Cerm:]). Expires J<:n ~. 1995
ALL-PURPOSE ACKNOWLEDGMENT
state Of California
County Of Santa Cruz
On Aoril 21, 1993, before me, JOE A. FERRANTE NOTARY PUBLIC
Name, T1tle of Off1cer
personally appeared
Virqinia L. Mazrv
Name(s) of S1gner(s)
personally known to me or proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/
are subscribed to the within instrument and
acknowledged to me that he/She/they executed the
same in hiS/her/their authorized capacity(ies),
and that by hiS/her/their signature(s) on the
instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed
the instrument.
Witness my hand and official seal.
1C
documents.
T~IS CERTIFICATE
MUST BE ATTACHED
~~ THE DOCUMENT
DESCRIBED AT RIGHT.
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document
o INDIVIDUAL
[B"CORPj::>RA TE; OFfICER(S)
'l..t- (I C'iL..., 1.....
TITLE(S)
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAM.E 0; PERJON(S) OR ENTITY(IP)
Ji:..P. C/V.;(r-....t-t?t ~k! C'
CAPACITY CLAIMED BY SIGNOR
Individual(s)
Corporate
Officer(s)
'l'~tl.e
Partner(s)
-Z Attorney In Fact
other:
SIGNOR IS REPRESENTING:
Name of persons
or entity(ies)
American Bondinq Company
, ~
Title or Type of Document FINAL BONDS
Number of Pages Date of Document Aoril 21, 1993
Bond if 9262218
Fremi urn j ncluded in Perfonnance
Bond
......... .
O~_. ..., ,
, "". 'cT, ,. '.1, ',l",
li 1t' <1 ~ _
hhd
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS,
"l\"Company
That H P Construction,*Inc. , as CONTRACTOR,
and American &md.lllg company , as Surety, are held and
firmly bound unto The Cit~ of Gilroy (hereil)after called "OWNER"),
in the sum of One Mi 11 ion E1 ght Hundrea N1 nety-N1 ne Thousand dollars,
(Not less than 100 percent of Contract Sum)
for the payment of which sum, well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, said CONTRACTOR has been awarded and is about to
enter into the annexed Agreement with said OWNER to perform the
WORK as specified or indicated in the Contract Documents entitled
"Old City Hall, Gilroy, California, Project Manual, October 26,
1992, Bid No. 93-PL-205."
NOW, THEREFORE, if said CONTRACTOR, its subcontractors, its
heirs, executors, administrators, successors or assigns, shall fail
to pay for any materials, provisions, provender, equipment or other
supplies 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 Code of
the State of California, or for any amounts required to be
deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of the CONTRACTOR and its
subcontractors pursuant to section 13020 of the Unemployment
Insurance Code of the State of California with respect to such
labor, all as required by the provisions of Title XV, Chapter 7,
sections 3247-3252 inclusive, of the civil Code of the state of
California and acts amendatory thereof, and sections of other codes
of the State of California referred to therein and acts amendatory
thereof, and provided that the persons, companies or corporations
so furnishing said materials, provisions, provender, equipment or
other supplies, appliances or power used in, upon, for or about
performance of the work contracted to be executed or performed, or
any person, company or corporation renting or hiring implements or
machinery or power for or contributing to said work to be done, or
any person who performs work or labor upon the same, or any person
who supplies both work and materials therefor, shall have complied
with the provisions of said laws, then said Surety will pay the
same in an amount not exceeding the sum hereinabove set forth and
also will pay, in case suit is brought upon this bond, a reasonable
attorneys' fee, as shall be fixed by the Court. This bond shall
inure to the benefit of any and all persons named in section 3181
of the Civil Code of the state of California so as to give a right
of action to them or their assigns in any suit brought upon this
bond.
\051\59878.3
213-102301501001
---
AMERICAN BONDING COMPANY
9262238
GENERAL POWER OF ATTORNEY
,
"
Know all men by these Presents, That AMERICAN BONDING COMPANY has made, constituted and appointed, and by
these presents does make, constitute and appoint
VIRGINIA L. MAZRY OF APTOS, CALIFORNIA
its true and lawful attorney-in-fact. for it and in its name. place, and stead to execute on behalf of the said Company. as surety, bonds, undertakings and
contracts of suretyship to be given to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
lWO MILLION FIVE HUNDRED THOUSAND ($2,500,000) DOLLARS
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company on the 15th day of November, 1991.
"RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President
of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney-in-fact named in the given Power of Attorney to execute in
behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of
them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to 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 when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached."
In Witness Whereof, AMERICAN BONDING COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed
by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1 st Day of December, 1992.
Attest: ~ (:>
tJ~ /llfw 7
William R. McKenzie, Assistant Vice President
By
STATE OF ARIZONA }
COUNTY OF PIMA
ss.:
On this 1st day of December .1992, before me personally came James M. Boylan, to me known, who being by me duly sworn, did
depose and say that he is a Vice President of AMERICAN BONDING COMPANY, the corporation described in and which executed the above instrument;
that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said corporation and that he signed his name thereto by like order.
e
OFFICIAL SEAL
CHRISTIE TURLEY
NOTARY PUBLIC
My Commission Expires
March 10, 1995
CERTIFICA I t:
CHRISTIE TURLEY
NOTARY PUBLIC
My Commission Expires March 10, 1995
I, the undersigned, an Assistant Secretary of AMERICAN BONDING COMPANY, an Arizona corporation, DO HEREBY CERTIFY that tha
foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors.
set forth in the said Power of Attorney, is now in force.
Signed and sealed at the city of Tucson, in the State of Arizona. Dated the 21
day of
April
,19 93.
J~~~
Florence E. Robert. Assistant Secretary
REINSURAlCE CERITFICATE
R.e..O 0 ~ 0 S 7
Treasury Underwriting L~it
Direct Writllig Canpany:
American Bonding Canpany
6245 East Broadway Blvd.
Tucson. Arizona 85711-6862
Reinsur:mg Canpany:
5 595.000
.
.~
SCHEMA North America Reinsurance Canpany
199 Water Street
New York, New York 10038-3526
Treasury Underwriting L~it 5 10,207,000
AlTDunt of Reinsurance:
5 4.500,000
5 8.000,000
5 10,000,000
Each Bond
Each Principal
Annual Aggregate
3.
Reinsuring Canpany
Treasury
5
5
5
Underwriting Limit
Each Bond
Each Principal
Annual Aggregate
4. Collateral
Form
Arroun t
5
5. Principal
H P Construction, Inc.
2190 Stokes Street, Suite 202
San Jose CA 95128
6. Contract Description
Old City Hall
7400 Monterey Street
Bond Nunber 9262238
8. Date of Bond 4/21/93
9. Bond Arrount 51 ,RQQ 000.00
Direct Writing Canpany
Authorized Officer:
Emil B. Askew
~VK~
.
(Nane)
(Title)
(Signature)
(Seal)
Reinsur:mg Canpany
(Nane)
(Title)
(Signature)
(Seal)
Ar~zona)
) ss
CountV of Pima )
~ t.'1.:'3 ~ day of ~. 19.!l:i, before me, a Notary PubEc.
personall'f aHJeared the above-n . officer of American Bonding Canpany, a corporation.
known tc ;'1I'}:o be the person and officer who executed the above reinsurance certificate on
behalf of t~e corporation and acknowledges the corporation voluntarily executed the same.
StaLe of New York )
) ss
County of Ne..... York) . ()
On this ~ day of M ~0 19~, before me, a Notary Public.
~...rson2lly appeared the above-x'ramed officer of SCHEMA North America Reinsurance Canpany, a
.::orporati.on, known to me to be the person and officer who executed the above reinsurance
certifkate on behalf of the corporation and acknowledges the corporation voluntarily
e,'{ec.....tec1 the sane. LAUREL A. GAINES
Notary Public. State of New York
No. 24-4917991 f
Qualified in Kings County I'f/
Commission Expires Jan 25.
do., ! d111n 1
Notary
~ f ff1Yl ~?c/\....-' Jl~~
ri
Ifu.hh
~ -3/ -4'-
This Certificate ~s a confllTllatlon of Reinsurance provided by the SCREMA North Amer~ca
:l.einsurance Canpany to t.he Amer~can Bonding company and confers no additional rights "Co the
obl~gee.
GENERAL SERVICE COMPANY
Bid Bonds
Performance Bonds
Subdivision Bonds
Mr. Chuck Meyers
City of Gilroy
7351 Rosanna Street
Gilroy, Ca. 95020-0141
April 30, 1993 408/685-3215 FAX 408/685-2715
2109 Penasquitas. Aptos. California 95003
P.O. Box 40. Capitola. California 95010
RE: H P Construction Co., Inc.
American Bonding Company
Sorema North America Reinsurance Company
Dear Mr. Meyers:
Attached are additional information per your request.
1.) Page 29391 of the Federal Register showing Sorema North
America Reinsurance company has an Underwri ting Limitation of
$10,207,000.00. States listed are to Act as Prime surety or Co
Insurer. In this case, Sorema North America Reinsurance Company
is acting as a reinsurer.
2.) The Hot Line Phone Number for the California Department of
Insurance is 1-800-927-4357. You can call this number to verify
that Sorema North America neinsurance Company is listed in
California as an admitted Reinsurer. (Wait for operator.)
3.) Page 29402 of the Federal Register states that "Treasury
requirements do not limit the penal sum ( face Amount) of the
bonds which surety companies may provide. However, when the penal
sum exceeds a company's Underwriting Limitation, the excess must
be protected by Co-insurance, reinsurance, or other methods... II
The attached information shows that American Bonding is listed
as an acceptable surety on Federal Bonds. Note 2 shows that they
are not limited by any underwriting limitation if they have
acceptable neinsurance. American Bonding Company has reinsurance
with Sorema North America Reinsurance Company. Borema North
America Reinsurance Company has a Underwriting limitation of
$10,207,000.00 in the Federal Register. Both American Bonding
Company and Sorema North America Reinsurance Company are admitted
to do business in California.
If'you have any questions or comments, please advise. '
Best regards,
Qr- a .i{z~'
~ A. Ferrante, CPCU
JF
29402
:. ~
Fooeral Register I Vol. 67. No. 127 I Wednesday. July 1.1992/ Notices
-
--=
NOTES
(a) All Certific~tes of Authority expire
renewable July 1, annually. COlnpanies holding
Authority as acceptable sureties on Federal
acceptable as reinsuring companies.
X (b) The Underwriting Limitations pUblished herein are on a
.pe~ bond basis. Treasury requirements do not limit the penal SUm
. (face amount) of bonds which surety companies may provide.
llot4~ver , when the penal sum exceeds a comoany' s Underwri tiflg
Li~~tation. the excess must be protected by co-insurance
reinsurance, or other methods in accordance with Treasury Circula~
2971 Revised SeptelIlber 1,1978 .(31 CFR Section 223.10, Section
223.11). Treasury refers to a bond of this type as an Excess Risk.
When Excess Risks on bonds in favor of tpe United States are
Q~otected bv reinsurance, such reinsurance is to be effected by us~
of a Feder~l reinsurance fo~ to be filed with the bond or within
45 days thereafter. In protecting such excess risks, the
underwriting limitation in force on the day in ~hich the bond was
provided will govern absolutely.
June 30, and are
Certificates of
bonds are also
(c) A surety co~pany must be licensed in the state or otQ~r
area in which it proviqes a boOg, but need not be licensed in the
State or other area in which the principal resides or where the
contract is to be performed [28 Gp. Atty. Gen. 127, Dec. 24, 1909;
31 CFR Section 223.5 (b) J . The term "other area" includes the
District of C01~ill~ia, American Samoa, Guam, Puerto Rico, and the
Virgin Islands.
License information in this Circular is provided to the
Treasury Department by the companies themselves. For updated
license inforrn~tion, you may contact the company directly or the
a~plicable state I~surance Denartment. For further assistance,
contact the Surety Bond Branch.
(d) FEDERAL PROCESs" AGENTS: Treasury approved surety
companies are required to appoint Federal process agents in accord
with 31 U.S.C. 9306 and 31 CFR 224 in the following districts:
Whel"e the principal resides; where the obligation is to be
~e:r:'forrned; and in the District of Columbia where the bond is
returnable or filed. No process agent is required in the State or
other area where the company is incorporated (31 eFR Section
224.2). The name and address of a particular surety's process
agent in a particular Federal Judicial District may be obtained
from the Clerk of the U.s. District Court in that district. (The
appointment documents are on file with the clerks.) (NOTE: A
surety company's underwriting agent who furnishes its bonds mayor
may not be its authoriz~d process agent.)
SERVICE OF PROCESS: Process should be served On the
Federal process agent appointed by a surety in a judicial district,
except where the appointment of such agent is pending or during the
}'eder~l Reglstsl' I Vol. 57. No. 127 I Wednesday, July 1.1992/ Notices
';'j"~;;~
29403
-
dhsence of such agent from th~ district. Only in the event an
agent has not been duly appointedt or the appointment is p~ndin~,
or the agent is absent from the district, should process he served
directly on the Clerk of the court pursuant to the provisions Of
31 U.S.C. 9306.
(e) Companies holding Certificates of Authority as acceptable
rein~uring companies are acceptabl~ ..2D.lY as reinsuring companies
on ~ederal bonds.
(f) Some companies may he approved surplus lines carriers in
various states. Such approval may indicate that the company is
a t i d to ~rite Buret in a ~art~cu ar state even thou the
company ~s not licensed [n the state. Questions related to this
may be directed to the appropriate State Insurance Department.
(FR Doc. 92-15369 FJled 6-30-92: 6:45 11m]
elLUNO COO( "1I1~
i' ..
l
r
Fede..al Register / Vol. 57. No. 127 I Wednesday, July 1. 1992/ Notice:J
security Nationa1 Xnsurauoe Co~pany. eUSINESS ADDRESS:
"ost Office Box 655028, Dallas, TX 75265~5028. UNDERWRITING
LIMITATION b/: $1,163,000. SURETY LICENSES c/: AL, AR, CA, CO,
IL, IN, KS, RY, MO, NM, OH, OK, TX, WY. INCORPORATED IN:
Texas.
Select Insurance Company. BUSINESS ADDRESS:
Post Office Box 1771, Dallas, TX 75221-1771. UNDERWRITING
LIMITATION b/: $1,522,000. SURETY LICENSES c/: AL, AK, AZ, AR,
CA, CO, DE, DC, FL, GA, 10, IL, IN, IA, KY, LA, MD, MI, MN,
MS, MO, MT, NE, NV, NM, Ne, OH,- OR, SC, SD,'TN, TX, VT, VA,
WA, WV, WI, WY. INCORPORATED IN: Texas.
Selective Insurance Co~pany of America.
BUSINESS ADDRESS: Wantage Avenue, Branchville, NJ 07890.
UNDERWRITING LIMITATION hi: $19,876,000. SURETY LICENSES c/:
AL, DE, DC, FL, GA, MO, MS, NJ, NY, Ne, PA, se, TX, VA.
INCORPORATED IN: New Jersey.
SENTINEL INSURANCE COMPANY, LTD.. BUSINESS ADDRESS:
1001 Bishop street, Honolulu, HI 96807. UNDERWRITING
LIMITATION b/: $1,170,000. SURETY LICENSES c/: HI.
INCORPORATED IN: Hawaii.
Sentry Insurance A Kutu~l Co~pany. BUSINESS ADDRESS:
1800 North Point Drive, Stevens Point, WI 54481.
TDERWRITING LIMITATION b/: $75,358,000. SURETY LICENSES c/:
rtL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN,
lA, KS, KY, ~, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH,
NJ, NM, NY, Ne, NO, OH, OK, OK, PA, RI, SC, SO, TN, TX, UT,
VT, VA, VI, WA, WV, WI, WY. INCORPORATED IN: Wisconsin.
Skandia America Reinsuranoe Cor.por~tion.
BUSINESS ADDRESS: One Liberty Plaza, New York, NY 10006.
UNDERWRI~rNG LIMITATION hi: $35,301,000. SURETY LICENSES c/:
AL, AZ, CA, DE, DC, GA, 10, IL, IN, lA, MI, MS, NT, NE, NY,
OH, OK, OR, PA, TX(VT~_Y~L WA, WI. INCORPORATED IN: Delaware.
. . -.~ -- --- - - --------
~REHA NORTH AMERICA RE:rNSORANCE COMPANY. -~
BUSIN-ESs-A-ooRESS:1.99-~Wa ter street, New -VofJC;""'-NY"
10038-3526. UNDERWRITING ,LIMITATION -b/: $10,207,000.
SURETY LICENSES c/: AK, AZ, DC, 10, IL, KS, MI, MS, MT, NE,
NM, NY, OH, OR, RI, TN, TX, UT, WA, WI. INCORPORATED IN:
New York.
States listed are to act as cosurety or surety
In This Case . Coopany is reinsurer
~ Fdotnotes at end of Circular.
29391
Federal Regtster I Vol. 57. No. 127 I Wednesday. July 1. 1992 I Notices.
29359
~11ianc. Assurance company o~ ~erloa.1/
BUSINESS ADDRESS: 10 East 50th street 27t~ Floor, New York,
FY 10022. UNPERWRITXNG LIMITATION hI: $9,557,000. SURETY
L!CENSES cj: IN, KY, ME. INCORPORATED IN: New York.
Allied Mutual Insuranoe company. BUS1NESS ADDRESS:
P.O. Box 974, Des Moines, lA 50304. UNDERWRITING
LIMITATION b/: $10,151,000. SURETY LICENSES c/: AZ, AR, CA,
CO, DC, ID, IL, IN, lA, KS, HI, MN, MO, MT, NE, NV, NM, ND,
OH, OK, OR, SO, TN, TX, UT, WA" \<:lI, WY. INCORPORATED IN: Iowa.
Allstate Insurance co~pany. BUSINESS ADDRESS:
Allstate Plaza, Northbrook, IL 60062. UNDERWRITING
LIMITATION b/: $542,174,000. SURETY LICENSES oj: AL, AK, AZ,
AR, cA, CO, CT, DE, DC, FL, GA, HI, 10, IL, IN, IAt KS, KY,
LA, ME, MO, HI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC,
ND, OH, OK, OR, PA, PR, RI, SC, SO, TN, TX, UT, VT, VA, WA,
WV, WI, WY. INCORPORATED IN: Illinois.
AMCO Insvr~nce comp4UY. BUSINESS ADDRESS:
701 Fifth Avenue, DeS Moines, IA 50309. UNDERWRITING
LIMITATION b/: $5,168,000. SURETY LICENSES cj: AZ, CA, eo, ID,
IL, IN, lA, KS, MI, MN, MO, MT, NE, NM, NO, OR, OR, SO, TN,
TX, UT, WI, WY. XNCORPORATED IN: Iowa.
~eriean Automobile xnsuranoe Company.
BUSINESS ADDRESS: 777 San Marin Drive, Novato, cA 94998.
UNDERWRITING LIMITATION b/: $7,790,000. SURETY LICENSES cj:
AL, AK, AZ, AR, CA, eo, CT, DE, DC, FL, GA, HI, 10, IL, IN,
lA, KS, KY, LA, KE, ~D, MA, MI, MN, MS, MO, MT, NE, NV, NH,
NJ, NM, NY, NC, ND, OH, OK, OR, PA, Rl, se, SD, TN, TX, UT,
VT, VA, WA, WV, WI, w1. INCORPORATED IN: Missouri.
AMERICAN BANDRS INSURANCE COMPANY OF FLORXPA.
BUSINESS ADDRESS: 11222 Quail Roost Dr., Miami, FL 33157.
UNDERWRITING LIMITATION hi: $8,293,000. SURETY LICENSES c/:
AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN,
lA, KS, KY, LA, ME, MO, MA, MI, MN, MS, MO, MT, NE, NV, NH,
NJ, NM, NY, NC, NO, OH, OK, OR, PA, PR, RI, se, SO, TN, TX,
UT, VT, VA, VI, WA, WV, WI, WY. INCORPORATED IN: Florida.
l1 Amerioan Bonding oompany.lf BUSINESS ADDRESS:
6145 E. Broadway, SUITE: 600, TUdson, AZ 85711.
UNDERWRITING LIMITATION b/. $595,000. SURETY LICENSES c/: AK,
AZ, AR, CA, CO, DC, FL, GA, GU, HI, 10, IN, lA, KS, KY, LA,
MD, MS, MO, MT, NE, NV, NM, OK, OR, PA, SO, TX, UT, VA, WA,
WV. INCORPORATED IN: Arizona.
see Footnotes at end of circular.
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July 1, 1n92
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Part II
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Department of the
Treasury
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"'-.. ..._._..... ".r,' _~.._.. _._
FiscalSen ice
Companies Hotolng Certjilcdte, ~A
AuthoittYj~l Ac..:eptable Suret1e.s 0'\
Federal Bonds and liS ACI..~:pt;jr,~
ReInsuring C\)1'T1p'J"'es; Nohee
~ "hf,'}"ai ~~-gl{i."M / \I"~..;, .'::' ~..,' ~..""~, ~"''III<'''''jr~~'~l.L;,
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f'ISCoIL SERVICE
(Dept. ch"',tlu' !PC: \192 ReVision)
, ".,;.'i.P J,.}.i,~ E '; '1:::,;')~. ;~.. C.eEa'!;; r -:!\ :'~', CY ]:;, i 1-:'E; ;UT'i AS A<:~;~ f:}TA b U: ~/;;-.:..; ..,J " >;
F'F"PV.L RaNDS AriD ,\!' AC(:E~>rll13L.E REltJSOR~...h':; C(;~,?i\1'nE~;
f. f t e--.:t. 1 ve ,Jl..t 1 / 1. j ,'.
'!'1"d~ ('~'''<;~ \1;'1' 1.. published ;-. r.."'I i,.,' 1 lYI as of July 1, b'..lle1r 1""
1,:,;t<'1--:.,~t'.t,."" ,::J: P'ederal bc'j-appr-.;:lng ott.i<.~er:i ,u,d per-,,',',',;
~':r'Ul,,1~ J ,) 91.."e bonds to the Unit.!d .stat~s. (:Opirl':5 cd ti.
C; '.';'.';!ll, f."t:~:lm cnanges'.l.;'d;t..:'I!~ lnt'JI'lt.at.:..an ).:t!rtL".4.\'
l?'Qd~n.31 5uret!4!s may be obtalned. from the :'tUL"ety I$()fid LL'.r....
l"h',.!tl"!C' 1.~ 1 ~\T'l1~J$lIlen': Scrv Lee, OGpl!rt.:ment. ot the 'I'reel:-., [ l ,
W",qh!n9ton DC 2-022 J. t~lepL;:m~ (F'l'S;202) 814-6850. r.n::er ,<.
ch"l.l'''::i~ ~ tire ~ubllsh&J in the fEDERAL P.EGISTEF.as the:..' IoiCC.UI.
t,ba r.~o:;t <.-urrent. 11st of TreaHUrj' autl'..orized C01Ilpanles, d ia ~ ~,
.")'U' h~bl;., Bulletin P-arc system ~t. {C"'TS/2U2} El'H"?2:...
~..~~(\ :".ii,~ ,,,,,1".,,; cQmpanie.s r..\\<.~ c0::.;pLe:.! \lfit.b th-r) '..)\, .1L':: ~:'<.?
requ lat.! .:ms of tile Oepart.:J.lent of the Tredsury ar...l ?tx ." <1'. -. r. t' l' . '.'
<'\3 suretie-; lnd reinsure-r"'.J on federal bonds u."'K1er 'r i /. ,::~ L . t t;:.,
Uni":<E'd St~'tes COde, Sect~ons 9304 to ~30& [See Nott= li.i,!:.
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AS~istant Commissione.t'( E'inan::.'ial ':"ntt)f...at~().;
Fin...ncial MM1~9o.m-ent S4tt'vice
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(;"Ke':.1,,-7.:1tl.J:L.Jl1~-lflaIl.ON .JJL'" ~~.!-ITA.I ti.~...1l!...I.1f.!. .l!QD.S-AUIflLXm..Q!
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~11:.f.aJ:lic;. uauraAOa ~y of ....~i~.lI
J;;.':S.~ Nt3S A:){"pf.SS: 10 Bast $Ot.h St.l...t 17th l'loor I New York,
\:i-" 1 00" 2 t:NC~)rJ)UnNG t.IlUTA1'tON b/: $9, .531 f ooe. StJRBT'l
LICtt-..;t., ~'. IN. K"i ~ ME. HfC'jR?ORAttD IN': Hew York.
)111.d Mutual In.vuce c.o.puy. 8lJSI.Nr:SS ADDRESS:
P,o. Box t;0I4, noes Koines, IA 50304. UlrDERJfRITlNG
L1M!'tAT!;;/'l hI; SlO,l~l,OOO. SIJ1<E.iY 1.1L"ENSES c/: AZ, A.R, CA,
C"J, OC, rD, 1L, IN, LA" ItS, KI, MN, MO, JIfl', NE, NV.. !1M, NO,
OH. OK, CR, so,. TN, nc O'r, WAc WIt WY. IB<."ORPORATEO IH: IOlal4.
All.. t... t. ! tll,ur.nc. Coap&.D!. 8l)S Hn:SS ADDRESS:
.~ll'SC:P';j,:; F:"Za. Northbrook, IL 60062. UNDERWRITING
;"..JM:~.:"I: ., e'; S544,174,OOO. Su;:m I41C1:;NSES c/~ AL, U, A:l,
t\J~, C.": (~'U, CT, DE DC, FL GA, HI, 10, IL, IN, tAl Jl:S, KY,
L/" "iE, MO, !'t:, 1'1"1-1, MS, MO, MT, Nl., ~rv, NH, NJ, Ntot, NY, tfC,
Nt:, O:!, OK, OR, PA-, FR, PI, SC.. $,;)t TN, rx. UT, \'1', VA, WA,
w1/1 WI; ~"Y r~~f:t.;KMAATED ill: I]11nois..
~C'(:> :rl'aur-a.~.H:. C01IlpaJ:li". BUSINESS ADDRESS:
IG: f'i1't'\A\.-r:;n\;e, 04.18 "'oin~$, IA l}OJ09. UNtJERWR.!l'lNG
L!MITATICH b/~ $5,168,000. SURETY UCF.;NSrS c/: AZ, CA, co, ID,
11':., 'IN ( lA, KoS, HI, MM" MO, M"I', NE, NM, HO, OR, OR, SO, TN,
"X I tr;.,', "1 i WY INCORPORATECi IN' 10'.14.
M.t:ica.u Au~il. l11.U'l:'Uloe CoapUl'.
dUSrN'ESS AOQP.1:SS: 177 SarI Marin Dt-ive, llaVato, CA 94998.
lJl.InERl.1R..tl'ING WMIT'ATIQN b/: '~',790,OOO. SOIU:TY UCP..HS!S c/:
~U~, ld<, AZ, AR, CA, ee, CT. DE, DC, Ft, GA, HI, 10, IL, IN,
LA. xc.", K't, LA, H!:, MO, KA. MI, MN, Ms., MO, HT, NE, NY, lffl,
Hi, roM I NY, NC" ,"0, Oft, OK, OR, PA, Ill, SC, SD, TN, '!'X, 01',
'.~'" "'A ( ~A, i "V. ~II I W'i. 1.HCQR?lJAA'r!O IN: JlU'8ourL
AkZJlICAll .IlA.hU,.s IlIsTJtt.Ufa COJIPUY 01' rLOaID~..
BVb1NtSS ADDRESS: 11222 Quail Roost Or'r Miami, rL 331~'.
f iH)E~WlUTIHC UMITA.TIOH b, ~ $8 f 29),000. SUFETY LrCENSES c;:
A~. A~, AZ, A~. CA. CO, cr, DB. ~;. ~L, CaA, 81, tD, XLI IN,
I A · 1<$. KY, loA, ME, 1'40 , MA, Ml. MN, MS . NO. MT, If'2, NV, IfH .
N.Y, tiM, NY, Ho<::,i!tf), 00, OR, OR. Pi'l,' PR.f R.I, SC, SO, '1"!t, n,
OT VI'. VA. V., \0-';\ ~'V. WI, WY. IJft."l"JR.PORAnD I.M: Plorida.
~.~.~ J.L 1>'..._.w......'....~_~ . , ~
l b.r-:,<;"An. ftO:.~i'i-=i eo.pany.y BUSINE.-t;S ADDRESS:
! !...4~ e. 8r:>.-'l1\'/,/. ;;;Ut'rE: 600, Tucson, AZ 85711.
, ,-'..i.'L'.....".,,....,,-. t .....TIlTrON ~). $11:,.", r.'" .-rrt'.E"""1 I '-_fSf1'~ '1' J.S,-
I .' j'f :' ~ I' .., l<:.. . ... ,.. \,' " '.. ,: " IJ I' J ~ -.. , .....1 '",. ;. '.' M" ...... '. -l'_t"t I:.-:) C . 1'\.,
\ .~. A~;>, CA, ,') CK':, PL, GA. GU.f!!. liJ, IN, lA, ItS, Jel, LA,
\ taC~, ",\;0;, HO, M:, Nf. tn, N"', ex. oa, VA, so, n. U"I', VA, WA,
\ 'tN. rs~"op.J),~>PA'l'fD Ill: Arizona.
'----_._~_.. _.._-----~
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alii\! of (1)ilrll\!
Telephone (408) 848-0440
Fax (408) 842-2409
7351 Rosanna Street
GILROY, CALIFORNIA
95020-6141
NOTICE TO PROCEED
PLANNING DEPARTMENT
TO: HP Construction Co. Inc.
DATE:
May 7, 1993
2190 Stokes Street, Suite 202
PROJECT: Old City Hall Rehabilitation
San Jose, CA 95128
7400 Monterey Street
Gilroy, California
NE Corner Sixth & Monterey St.
Bid No. 93-PL-205
This letter will constitute your Notice to Proceed in accordance with
the terms of the Contract Documents for the subject project.
This Notice to Proceed is being issued subject to the following terms
and provisions:
(i) Although OWner is willing to initially accept copies of insurance
certificates, all original insurance certificates must be provided by you to
OWner by May 17, 1993. In addition, you agree not to permit any property
stored off-site unless and until you have received OWner's written approval
thereto; and
(ii) Paragraph 1.4 of the Insurance and Bonds Rider of the Contract
Documents requires that each subcontractor maintain certain insurance
coverages specified therein or be covered with respect thereto by the
insurance to be maintained by you. None of the certificates of insurance
submitted to us to date reflect that the foregoing requirement has been
satisfied. Accordingly, you agree not to permit any subcontractors to
commence any work in connection with this project until evidence satisfactory
to OWner has been submitted to OWner, in accordance with Paragraph 1.2.2 of
the Insurance and Bonds Rider confirming that the subcontractors in question
either are maintaining the required insurance coverages or are covered with
respect thereto by the insurance maintained by you, and all waivers required
under the Insurance and Bonds Rider from subcontractors have been submitted to
OWner in acceptable form. As used herein, "subcontractor" shall mean both
subcontractors and sub-subcontractors.
Any failure by you to comply with the foregoing terms and provisions
shall constitute a default by you under the Contract Documents and, in
addition to all other rights and remedies as may be provided to OWner under
the Contract Documents or by law, OWner shall be entitled to withhold any sums
otherwise payable to you under the Contract Documents until such default has
been cured.
HP Construction Co. Inc.
May 7, 1993
Page Two
Subject to the foregoing, you are hereby notified to commence work on
this project in accordance with the Contract Documents, as soon as possible.
In conformance with the terms of the Agreement, you will be allotted Two
Hundred Seventy (270) calendar days for the completion of the work. The first
charged day on the subject contract (i.e., date of commencement) will be
May 7, 1993.
Please acknowledge your acceptance of this notice and your agreement to
the terms and provisions set forth herein by executing this notice where
indicated below and return one copy to the City of Gilroy, Risk Management
Department, 7351 Rosanna Street, Gilroy, CA 95020.
Acceptance of Notice
The undersigned does hereby accept
this Notice To Proceed and agrees
to the terms and provisions set
forth herein.
HP Construction Co. Inc.
this 7th day of
Mav
, 1993.
- ..
~f;:>~~~~=s
QIitlJ of (1f)HrOlJ
Telephone (408) 848-0440
Fax (408) 842-2409
7351 Rosanna Street
GILROY, CALIFORNIA
95020-6141
NOTICE TO PROCEED
PLANNING DEPARTMENT
TO: HP Construction Co. Inc.
DATE:
May 7, 1993
2190 Stokes Street, Suite 202
PROJECT: Old city Hall Rehabilitation
San Jose, CA 95128
7400 Monterey Street
Gilroy, California
NE Corner Sixth & Monterey st.
Bid No. 93-PL-205
This letter will constitute your Notice to Proceed in accordance with
the terms of the Contract Documents for the subject project.
This Notice to Proceed is being issued subject to the following terms
and provisions:
(i) Although Owner is willing to initially accept copies of insurance
certificates, all original insurance certificates must be provided by you to
OWner by May 17, 1993. In addition, you agree not to permit any property
stored off-site unless and until you have received OWner's written approval
thereto; and
(ii) Paragraph 1.4 of the Insurance and Bonds Rider of the Contract
Documents requires that each subcontractor maintain certain insurance
coverages specified therein or be covered with respect thereto by the
insurance to be maintained by you. None of the certificates of insurance
submitted to us to date reflect that the foregoing requirement has been
satisfied. Accordingly, you agree not to permit any subcontractors to
commence any work in connection with this project until evidence satisfactory
to OWner has been submitted to OWner, in accordance with Paragraph 1.2.2 of
the Insurance and Bonds Rider confirming that the subcontractors in question
either are maintaining the required insurance coverages or are covered with
respect thereto by the insurance maintained by you, and all waivers required
under the Insurance and Bonds Rider from subcontractors have been submitted to
OWner in acceptable form. As used herein, "subcontractor" shall mean both
subcontractors and sub-subcontractors.
Any failure by you to comply with the foregoing terms and provisions
shall constitute a default by you under the Contract Documents and, in
addition to all other rights and remedies as may be provided to Owner under
the Contract Documents or by law, OWner shall be entitled to withhold any sums
otherwise payable to you under the Contract Documents until such default has
been cured.
HP Construction Co. Inc.
May 7, 1993
Page Two
Subject to the foregoing, you are hereby notified to commence work on
this project in accordance with the Contract Documents, as soon as possible.
In conformance with the terms of the Agreement, you will be allotted Two
Hundred Seventy (270) calendar days for the completion of the work. The first
charged day on the subject contract (i.e., date of commencement) will be
May 7, 1993.
Please acknowledge your acceptance of this notice and your agreement to
the terms and provisions set forth herein by executing this notice where
indicated below and return one copy to the City of Gilroy, Risk Management
Department, 7351 Rosanna Street, Gilroy, CA 95020.
. .........
Acceptance of Notice
The undersigned does hereby accept
this Notice To Proceed and agrees
to the terms and provisions set
forth herein.
HP Construction Co. Inc.
this 7th day of
Mav
, 1993.
B(~\r0
Title PreSide ~
. 9 -3 //(?,_~ / S-
ASSESSOR PARCEL HUMBER Z{!~ lis (Ll. BUILDING PERMIT
OWNER C rr-...J c:>;:: CJl-lUh J -:<j;U;=E 5O.FT, OCC. BUilDING VALUATION
OWNER'S~'UNG 7RE1J?, ~<. sr
r7!:', 0 ~A "I"~""-
CONTRACT;J'S p"E en Ai ~ /l.t J l_ -r,o A.; 1.{~u~~-vYi
~iqr;U- ITOl: j;:. <' )/" 51,:; 2/'12-
COIISTRUCTlOIO UNDER UNKIlIOWN
Total Valuation $ I 'fqq An
LEIlOER'S "A'UNG ADDRESS
Permit Fee $ -, Jq,1.6'~
ARCHITECT OR ENGINEER UCENSE NO, Plan Checking Fee $
ARCHITEc:T OR ENGINEER-S MAIUNG ADDRESS Penalty $
Permit Fee $'7R.. .~? I
BUILDING. A.DDRESS PLUMBING PERMIT Filing Fee
.ltf,
71100 7I16/f1Te 1213'-/ Each Trap
Repair drainage or vent piping /
I Water piping / 1<" ~~,n, ::1'1
LOT NO, I. SUBOfV1S1Oft NAME PARCEL MAP Each gas water heater or vent -
Gas piping system 1-5 outlets
USE OF STRUCTURE Building sewer
SFD Duplex 0 Other lawn sprinkler system
SPECIFY
TYPE OF WORK ; Pennit Fee $ I
New 0' Addition D Remodel Di, 0therA u-tk..~ fl~.4-t4 Contractor
Oescribe>work: <J F M '5 TO(.1-1C U ~,L. 10 / AI 4- ELECTRICAl PERMFF Filing, Fee
Main,service -- ""', LEs;'~u
Main,service E....~ AOOoL 100. AMP
NEW' CQfIIST'. (~~~~..':s:OCCUP. It),
CON'mACWRS'tlCENSELAW OR' AOOfiiI&
, HEW' COftSTIr". f:::::C~~U.T5 r "
"declare under penalty of perjury (check,one):, NON":RIES1O:r:
NEW CONSTR~ t':''::" ~::':~~R.a),: A 'L J~';E 'L)
NOff-ReSIO;
~ I am licensed. under provisions of Chapt 9; Div. 3 of the Business and Ex. Occup. tOUTLE'" Off ~IXTUffES) -
Professions Code and; my licenseis' in, full force' and effect Ex. Occup. ( ~~:~::;::::"D~~EA.)
Ucense No. Classification
0 I. as the owner. or my emplOYees with wages as:their sole compensation. Temporary service
will do the work, and the structure is not intended or offered for sale, (See. Misc; Wiring
7044)
0 I, as the owner, am exclusively contracting with licensed contractors,
(See. 7044) Permit Fee $ I
0 I am exempt under Sec. , Business and Professions Code for Contractor
this reason
MECHANICAL PERMIT Filing Fee
WORKMEN'S COMPENSATION INSURANCE Heating
1 declare under penalty of perjury (check one): I ~
0 The permit is for $1 00.00 (valuation) or less, ......
)!5(. I have placed on file with the City of Gilroy, Building Department a Certificate Cooling /f, 7 r- f./ e; 11-../
of Workmen's Compensation Insurance or a Certificate of Consent to Self- Hood -.-
Insure. Ventilation
0 I shall not employ any person in any manner so as to become subject to
the We C. laws of California.
Notice, to Applicant. If after making. this statement. should you become subject to' Permit Fee $ 7JC, 'S.CL? I
W; C. provisions.ofthe'labor Code, you mustforthwith comply with'such provisions Contractor
or this. permit shall be deemed: revoked:
$ I
I certify thatl have read this application and state that the above' information is cor- $ I
reet. I agree to comply to all City Ordinances and State Laws relating to building TOTAL PERMIT FEE $ 7R.3.63
construction. and hereby authorize representatives ofthe City of Gilroy to enter upon
the above-mentioned property for inspection purposes, occuP, GROUP I TYPE OF CONST, I I pmELI PO HO I ISSUE
I also agree t save. indemnify and keep harmless the City of Gilroy against all
l~ties.jUd~ men ts,and E:!xpen~ which !flay in any way accrue against said
I ence ofth rantlngOf~~'l"it / c(<: This permit is hereby issued under the applicable provisions
of the City of Gilroy Code andior resolutions to do work
. 'G/)~ /Y\ ,,'- Date if ") q''J indicated above for which fees have been paid.
/~nt~- 0wMt~~ ~.., l C), CHI":'J:!!'J1I~SPECTOA
An OSHA IllIfJJlit is""'- for excavIIlions over 5 v' ition Of constrUClJon of strucIunts 0\Ie( 3
SIIIIrilIIl in tWiaht ' a. ,~- u: ,'tc,"'~
~~~.~'ft~9:E ~?!:~~"-'.-"K:ANT
PERMIl",EXPIiiE!P Date -;;-/ 70 <:{.{
" , ,
CfTY'OFGILROY - DEPARTMENT OF PUBLIC WORKS
7351 Rosanna Street - Gilroy. California 95020 - Telephone 408/8>JM32'3
APPLICATION AND PERMIT 91./~~()"''3D
PERMIT NO.
q3uB('")4'0
_;._'.~1,.....
.DATI!: 03 MAY 93 15:01:34 REPORT GENERATION AL
APPLICATION 0006087 FOR PERMIT
JOB SITE
7400 MONTEREY ST
APPLICATION TAKEN BY AL
PROPOSED USE NOT APPLICABLE MILES TO JOB SITE
BUILDING TYPE IS P
YES PLANS WERE SUBMITTED
DES REPAIR EARTHQUAKE DAMAGE TO
DES OLD CITY HALL
PERMIT TYPE IS BUILDING PERMIT WORK TYPE REPAIR EARTHQUAKE DAMAGE
WORK CATEGORY OF CITY OWNED STRUCTURE IN INSPECTION ZONE
MEASURE A CATEGORY IS VALUE OF WORK IS 1899000
APPLICATION DATE 11/04/91
EXPIRATION DATE 10/27/93 EXTENSION CODE
COMPLETION DATE 04/30/93
ASSESSOR'S PARCEL NUMBER 000-00-000
CONSTRUCTION TYPE 5N V NONRATED, (COMBUSTIBLE)
OCCUPANCY GROUPS B2 ZONE TYPE
CENSUS TRACT PROJECT NUMBER
LOT NUMBER TRACT NUMBER
OWNER IS CITY OF GILROY PHONE NUMBER (848-0400
7351 ROSANNA ST
GILROY CA 95020
OWNER IS THE APPLICANT
PRIMARY CONTRACTOR IS H P CONSTRUCTION INC.
HEADED BY HOME PHONE (408 280-5000)
OWNERS ADDRESS 2190 STOKES ST 1202
SAN JOSE CA 95128 PHONE (408 280-5000)
BUSINESS ADDRESS 2190 STOKES ST 1202
SAN JOSE CA 95128 PHONE (408 280-5000)
MAILING ADDRESS 2190 STOKES ST 1202
SAN JOSE CA 95128 PHONE (408 280-5000)
CONTRACTOR LICENSE ISSUED 930430 EXPIRES 930630 ~L-:#: ({)J.1'~S
STATE LICENSE 520169 CLASSIFICATION CODE(S) B
WORKMANS COMP INSURANCE COMPANY STATE COMPENSATION FUND
POLICY NUMBER 571-92 0001185 EXPIRES 931001
ALL FEES ASSIGNED TO THIS PERMIT
(USER REPORT 902)
FND ACCOUNT
NOM NUMBER
ACCOUNT
DESCRIPTION
FEE
AMOUNT
FEE
DATE
RECEIPT
NUMBER
DATE
PAID
.- -------------
- -------------
--------------------
--------------------
----------
----------
------
------
----------
----------
------
------
J 2610-3-200200 BUILDING PERMITS
801 2683-3-210004 STATE BLDG FEE-COM
100 2610-3-200265 BLDG MICROFILM
5967.84 930429 03-13769/C 930430
398.79 930429 03-13769/C 930430
827.00 930429 03-13769/C 930430
7,193.63
SUBTOTAL
100 2610-3-200260 BLDG PLAN CHECK 0.00 911104 FEE WAIVED 911204
R01 2683-3-210200 PLAN CHECK FEE(CNTR) 2162.84 911104 FEE WAIVED 911204
0 1500-3-600201 FIRE PLAN CK FEES 0.00 911104 FEE WAIVED 911204
---------- ----------
2,162.84 SUBTOTAL
9,356.47 GRAND-TOTA
RECEIPTS ISSUED
(USER REPORT 903)
PERMIT :APPLICA:ASSESSORS :RCEIPT
NUMBER : NUMBER : PARCEL # : NUMBER
: DATE : PAYMENT
: PAY RE: AMOUNT
:P:CHECK : ABA : PERSON
:M:NUMBER :CHECK # :ACCEP PAYMT:
=======.=======.==========.==========.======.==========.=.========.========.===========.
0006087
03-13769/C 930430
7193.63
JANE
0006087
FEE WAIVED 911204
2162.84
NANCY
9300306 0006087
FEE WAIVED 911204
2162.84
NANCY
END REPORT
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ACTIONS BY WRITTEN CONSENT OF THE
BOARD OF DIREeTORS OF
HP CONSTRUCTION, INC.
The undersigned, being the Sole Director and Officer of HP
Construction Company, Inc. hereby ratifies, approves, and affirms
the following resolutions, recitals and actions by written consent
and without a meeting pursuant to section 307(b) of the California
corporations Code.
ELECTION OF OFFICERS
WHEREAS, the Bylaws of HP Construction Company, Inc. authorize
the election of a President, vice President, Secretary and Chief
Financial. Officer; and
WHEREAS, Ghadir Nejat has held all such offices since the
inception of HP Construction Company, Inc. and is desirous of
vacating the position of Secretary of the Corporation; it is
therefore,
RESOLVED, that Fereshte Forotan Larijani, be and hereby is
appointed to the office of Secretary to serve at the pleasure of
the Board of Directors, and
FURTHER RESOLVED, that Ghadir Nejat shall remain as President
and Chief Financial Officer to serve at the pleasure of the Board
of Directors.
ELECTION OF DIRECTORS
RESOLVED, that Ghadir Nejat shall remain the Sole Director of
HP Construction Company, Inc.
Page 1
CORPORATE FUNDS
RESOLVED, that Ghadir Nejat shall place in the depository for
the funds of the Corporation a sum of money as of yet unspecified,
as partial consideration for his purchase of certain issued shares
in HP Construction Company, Inc. The amount of said deposit shall
be recorded as a subsequent written action of the Board of
Directors and placed by the Secretary of the Corporation in The
Minute Book of HP Construction Company, Inc.
ISSUANCE AND NOTIFICATION OF SHARES
WHEREAS the corporation as of this date has only issued 1,000
shares of its 100,000 outstanding shares of common stock; and
WHEREAS, it has been proposed to sell and issue to Ghadir
Nejat the number of shares listed opposite his name in
consideration for his transferring to the corporation assets of a
sole propriet~!ship construction company in his name, which assets
are listed on the attached sheet and have a minimum fair market
value of $15,000.00 and cash in an amount in excess of $10,000.00;
it is therefore,
RESOLVED that said stock shall be sold as indicated below and
that any officer of the corporation be and hereby is authorized and
directed to cause to be prepared, verified and filed in the name
and on behalf of the corporation any documents required to be filed
with the State or Federal Government pursuant to said issuance as
deemed appropriate by counsel to this corporation.
WHEREAS, it has also been proposed to sell and issue to
Page 2
Fereshte Forotan Larijani the number of shares listed opposite her
name by virtue of the services and other considerations which she
will provide to HP Construction Company, Inc. as the secretary of
the corporation; it is therefore
RESOLVED that said stock shall be sold as indicated below and
that any officer of the corporation be and hereby is authorized and
directed to cause to be prepared, verified and filed in the name
and on behalf of the corporation any documents required to be filed
with the State or Federal government pursuant to said issuance as
deemed appropriate by counsel to this corporation.
NAME SHARE TO BE ISSUED
Ghadir Nejat 90,000 shares common
Fereshte Forotan Larijani 5,000 shares common
PRINCIPAL OFFICE OF CORPORATION
RESOLVED, that the location of the principal office for the
transaction of the business of HP Construction Company, Inc. has
been moved and charged by resolution of the Board of Directors to:
4010 Moorpark Avenue, Suite 105
San Jose, CA 95117
Telephone (408) 983-0485
COMPENSATION FOR OFFICERS
WHEREAS this Corporation shall commence the transaction of
business in the construction industry and the services of Ghadir
Nejat are essential as President and Sole Director; it is
therefore,
Page 3
RESOLVED, that Mr. Nejat shall receive an annual salary in an
amount to be determined at a later date for serving as President
and Chief Financial Officer.
FURTHER RESOLVED, that no other officers shall receive
compensation from the Corporation until such time as a resolution
of the Board of Directors is passed authorizing such.
AGENT FOR SERVICE OF PROCESS
RESOLVED, that commencing on or about August 18, 1989, H. Ann
Liroff of Three Lagoon Drive, suite 270, Redwood city, California
94065 shall be utilized as agent for service of process of the
corporation and to provide legal services as needed to it.
Dated: C\l bl \ q{3~
'. \
~~""-~4<"~
Ghadir Nejat -
President and Sole Director
of HP Construction Company Inc.
fzJt ~,-wf; " . 11 .
~ ., .
Fereshte Forotan Lar~Jan~
Secretary of HP Construction
Company, Inc.
Page 4
'?J)
i
STATE
COMPENSATION
INSURANCE
FUND
P,O, BOX 420807, SAN FRANCISCO, CA 94142-0807
CITY OF GILROY
ATTN: BLDG. DEPT.- Phil
7351 ROSANNA STREET
GILROY, CA 95020
Venenzuela
POLICY NUMBER: GRP 571, 92, l!~X!".0001185
CERTIFICATE EIim. ". ::rq7UI,':'9.j---~:'-
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This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
I nsurance Commissioner to the employer named below for the policy period indicated,
30
This policy is not subject to cancellation by the Fund except uponXJ{n days' advance written notice to the employer.
30
We will also give you "RIXOC days' advance notice should this policy be cancelled prior to its normal expiration,
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein, Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies
described herein is subject to all the terms, exclusions and conditions of such policies,
~~
PRESIDENT
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE
4-30-93 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE
4-30-93 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
THIRD PARTY NAME: City of Gilroy.
LIMITS OF LIABILITY: $3,000,000 ON INCIDENTAL EMPLOYER'S LIABILITY.
EMPLOYER
I'
HP Construction Co Inc
2190 Stokes St., Ste 202
San jose, CA 95128
L
ORIGINAL
FAIR EMPLOYMENT PRACTICES STATEMENT
H P CONSTRUCTION, INC. is an Equal Employment Opportunity
Employer; as such has adopted the policy and will take
affirmative action to insure that applicants are
employed, and that employees are treated without regard
to race, religion, age, handicap, color, sex, or national
origin. On March 22, 1993, H P CONSTRUCTION, INC. was
awarded a public improvement contract by the City of
Gilroy located in the County of Santa Clara, State of
California, for seismic repair and strengthening of Old
City Hall, located in Gilroy, California, together with
associated interior renovation thereof and other work
more particularly described in such contract. Under said
contract, H P CONSTRUCTION, INC. has agreed to comply
with those Equal Employment Opportunity conditions as put
forth in Section II of the City of Gilroy's Affirmative
Action Program, and has agreed, among other things, that
damages will be paid to the City of Gilroy in the event
that the requirements of said conditions have not been
satisfied.
Date:
l.\ l '2. \ \ q "?:>
Signed:
H P CONSTRUCTION, INC.,
a California corporation
,
By: (.~~
Its: ~,""'-":=.\.~~....~
Address: 2190 Stokes St., Ste. 202
San Jose, CA 95128
\051\109122.1
32-041804706011
-1-
A.~ttlll.~
CERTIFICATE OF INSURANCE
ISSUE DATE (MMIDDIYY)
BERTRAM - RITTER INSURANCE BROKERS
2105 S. Bascom Avenue, Ste. 150
Campbell, California 95008
5-6-93
c~,",_,_~_~~~',""","'._._~'_~'"~_'~"~ ~ <~._>
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLl~I.E:SEle:I"QY\f. ~_"..,_",..' ___...,."
PRODUCER
COMPANIES AFFORDING COVERAGE
f~T~~~NY A Aetna Casualty & Surety
INSURED
f~T~~~NY B Aetna Casualty & Surety
H.P. CONSTRUCTION, INC.
2190 Stokes Street, #202
San Jose, California 95128
f~T~~NY C
f~~~~NY D
f~T~~~NY E
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
TR DATE (MMIDDIYY) DATE (MMIDDIYY)
GENERAL LIABILITY GENERAL AGGREGATE $ ,
X COMMERCIAL GENERAL LIABILITY PRODUCTS,COMPIOP AGG, $2,000,000
A CLAIMS MADE X OCCUR. MP 0022978796 3-1-93 3-1-94 PERSONAL & ADV, INJURY $ 1 ,000, 000
OWNER'S & CONTRACTOR'S PROT, EACH OCCURRENCE $ 1 ,000, 000
FIRE DAMAGE (Anyone fire) $ 50,000
MED, EXPENSE (Anyone person) $
AUTOMOBILE LIABILITY COMBINED SINGLE
LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
(Per accident) $
NON-OWNED AUTOS
GARAGE LIABILITY
PROPERTY DAMAGE $
EXCESS LIABILITY EACH OCCURRENCE $ ,
B X UMBRELLA FORM XS 0022978796 3-1-93 3-1-94 AGGREGATE $ 3 , 000 , 000
I OTHER THAN UMBRELLA FORM
I--"~KE~:S COMPENSATION
AND
I EMPLOYERS' LIABILITY
r--..-;;;:~~~-'__~'_m_'.'''_--''-,._---'~-'-'~--'---'' ",,,. ..-.' .,'''__"._____...___._'_'m__.~_'.._____,,_,,_.,,' ,'"..,~.,-----,.-,-,.,~.'---,---.,---
'I BUILDER'S RISK
,A INSTALLATION FLOATER MP 0022978796
I
r~::~~:~~:;i~~~~'~~~~:i~~f~:~~:i~E~~~f~~:~TIe;~r~~: ~f .1~~ ~~~~~~ ~rt~~:-.l
ICERTiFICATE'HOL'OER----."',.-----'----....,---.,"'---_.-.""""-,.,-.,,.-~~~~~~~~~~l~RtoS ~1~~,~o/~L~~age'reaucffT"-"..~" " ....1
I
I *
'" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF GILROY EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ~Hri~
, '351 Rosanna Street MAIL 19- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
~i 1 ray, Cal i forni a 95020 LEFT, ~.~iiE~~.~W.~~i\~~~i\.tLt~~1i~i\i~~ttii\m
tl~t~~~W,jlIi~W"li*iliWlwWtij
.................,c,;,:.:=-~_"~~~-,-._.~-."._~,-~--,..,-~_.".,,..~...~,,~~"~,...~~_e.'_'.~~._ _..k
(" AUTHORIZE~RESENTATlVE., I), I
'~~~~:xhZ:~;;:~e~~~':;'~;QN-'.'" I
STATUTORY LIMITS
EACH ACCIDENT $
DISEASE-POLICY LIMIT $
DISEASE-EACH EMPLOYEE $
3-1-93
3-1-94
$1,899,000. All Risk
-0- Deductible
Attn:
City Administrator
! ~CO~D 25:5. (7!!Ql
l'I!'11;l
r'1a ':J. OS 1 '3'33 12: 09Fl'1 pe1S
J .~I.J 11. 1.L I'll). I)U':' 1"', U/I
F I-om : H F' CCit6TRUCTI Cit'j CD. I NC.
.....ol. ,. j ,-lj) '"",I.L L.. 1\1...1 I I L.. l.. ..
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F'HmlE No.
408 280 :;,000
MAY-0.4-'93 TUe: 1Sl21 i tll '
ifL NOI
~e25 pe9
employ... ,,,. 1nolutto~ as .d4S.~hm.l no.medo 1n.~r.d. U1ld~r ~n.
!~o... L1,hiltty polioy li.t.d in the c&rtit1~at..
Tho Ixo$'$ Liel))111t.y policy 11et.cl 11'\ tho Cet'tt t10Ate tflolude"
~ wbiver by th. tn~u~.r of 611 right. of aubrQ9at!Qn O~ raoovary
~~hi~lt the eity of Gi1~oy (Owner), ^rQhit.Qtij~Gl Re.ouro.s Croup
(A~chit.ot), and th~1~ r$~~.Qt1ve ottioer., d1rectori, 19tnt_ &n~
.17Iploy~ea "'h!ch may ari.. by re'.on of pl.\~.nt of anr 01.a11O. under
auoh ~Olicy, ,
,
Th. EKe... Liability ~~8t.~ i~ thi. O*~t1tlcat. prQV~~'. thR~
sUOh pOlioy !I primary an4 not cChtr1butory to any otner tn.uranc.
Ivailabla to the elt~ of Q!lrQY (Own~~) or Arohlt.ctural Rt.ources
Croup (A~ohitQat). ",
, ,
The) lim~t. "hown on th1. Cert1t'1c,te with t'~esp.ot to the
~XQ.ts Li~bflity pOllcy have not b8.n.r.4~Q.d,by pai~ Qlaima.
Th. Ixe.ss Liap111t~ P911Q~ 11ated in the CtrtiflcQtt 1nolud$s
4 "BJ:"QAd...&Ij"'Pri~&rylt enc1or..m.nt.
c. ,s~aOIAL %TEMS TO &~XLOER'S RISK PO~X9Y
.LlQl~y'...Jisu. MP O,O~,t'7'1t~1 t ,~
Th. lu!lde.'. Ri.~ p~l!oy listed in the Certitioat. i.
limite~ sp~o1tio<<11~ to th~ Old Oity Hall (City of Gilror) con-
struction projeoi (Bid No. 9J",pl;.aO~) ("Workn).
The S\11 l.ftet". Riak pOli,ey lilt.d in the certit1oat') (1)
covers the ent1~. work on a t~plaO.~~ht COlt basil without
voluntary dQduotibl.., (li) ham.. tht Clt~ ot Gl1roy (Own~r)t H P
const.ruct.ion, 1no. (Cont:rAot()t') t ArOl\it.etural 1\e.OUli<;eB GrQ~p
(Arohiteot) on~ .11 .ubcontractor. and a~.8U~QOntraQtor. AI
1n,u~.d. ee th.i~ tnt.~'8t, may app..r, (i1i) ia on an ~11~ri.k
pol ioy form and insures A9ainlt the perIl. ot til'e and txto.n(le<t
ooverage a.nd phy.lcal 10" or 4am~9i inCll.lr.11n91 \rIltnout duplie~tion
of eQv.~'t'9'., flood t theft, vandal ism, mal icloutf hti.ohiet I collapse,
tal!>!;) wot'lc, temporary b\'\il~ing" and 4.bris renlov~l r inolud1og
demolition odea,ionQ<' by $ntot'(lement of any applioabl. legal
r~quir.~mentQ, ~n~ OOV$ra r.a'~n~~l. oompan.at1Qn tor arohiteotural
and 4esign 8$t'V1c;!ftl' .1'\<:1 $xpense. rlq\lir4ad CiS . reflult or such
insured lose, (1v) eovor. portion. ~t th9 Work stored off the 6it~
and portions ot the Work in tr~n.it, ~oth on _ replao6ment cost
ba.1a, And (V) oontains a prov11~on that, in tht event of' ~ny
p~~.nt of ~n~ 101. under th$ COvtraq$ provided thGreunder, the
Insu~.~ ~hnll have no riihtsot .~b~oration or tecovtry againat the
C lty of Gilroy (OWner) I Arch! tectut'..l ~eso\a:~o$a Group (Archi teet:) ,
H P Construotion, %no, (contraotor), it. .uboontractors and
.ub-,ubdont~&~t~~. O~ tha r,.p$ot1ve 4irec~O~$, ottioers, 19.~t.
or 6mploye$s ot any or th. tor.qoini part1es. '
The Du1~~.~I. ~1s~ poltoy li8tQd in the certificate prov14es
that luch insurance 11 p~imary an~ non-06ntri~utory to any other
,: ....-..
":'.:.?,~'~~".:~ :2':'2
~c,h~"""",rw':',;"~;;'~'.1ilI ,~j,.i. '1I,.iI'~..Il'"
:-.~.~. Or:, :":-=~3 :":: ...<'S~;;,;' ':';<';~:,'
.....
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11.1 ':' ..' . .'.' ...' '" ~ 1".1. '.' . ..'
HA'r-~a-'''J rug 1~121 1r)l
TEL ~I
t0~$ P~'7
in$\1re.noe avai.lt\b1. too ~h. Oit.y ot 0111'0y (Qwt\6k') 01r MQhit~~t\lt'~~
" R".<;I\J~c.. Croup (~I"Qhit'Qt). .
The li.ite .howl'\ on th. Oo:rt1d.f!oat. w.lth respect to the.
e~Lld~rt. ~!Ik ~olicy h&vQ ~ot been reduoo4 b~ f~!4 etaims.
r~'"
lA.t, fI".1I/.. .
Fn:)n~ : H ,P CiJlj'::,TRUCTI [IH OJ. IlL PHiJllE 110. 4CJ8 2E:Cl 5000 f'la'::J. CIS 1'3'33 12: 08Pt'1 PC14
L II" ILL' I\'ld~.l :.l.::lJ IJ.'.l.~ I~I.".'.'I.'..) r....".J
l., ~ I ~{II 1.Ji" ~:> 1 1\. I c;.' ,
MAY'04-'~~ TU~ 1S\~~ \01 T~l. ~IO: .e25 P0S
WAeKM!t~L 'to ~BBWtQ~TI O!"",-1klaUMNcl
'I'll." to3.1Qw!\"lCJ .p.Q~~l U~... at". inoorporated by r.t.r.no6 into
<lt1t',\ 1:\\.114& , $).t~ Of ~hat c.rtoln o.r~lt!QCltc of %nauranQQ (".t,,<1
~-3-93f 1$sued ~y Do~t~~..~i~t.r Xn.~r_~ce ~roke~. an4 namin9 H ~
conatruotlon, Xnc. O~ Inaur.d) ("c.~tiflo~t.h) ~. thou9h ..t forth
in tu~l on th6 !aee of tho Oor~ifio.t..
AI SPECIAL ITEMS TO eQMM!~C1AL CENBRAw LIABILITY
~U-2.Q.~g.~,..1iQ..,~ HP OQaat.ZJ7P6l t -...... ..,,-,
C1ty of GU,roy (Own.:..-), At'chlt6ctural R.(J~\1k'OOb Croup
(Arqh1t~ot)1 and their teftp.Qtiv6 ottioera, 41reetQr., a~8~t. a~~
$mplo)'~(l13 fit'. 11iOlue;\.ct "., &d.ditiona1 n~l1\'cS in8~r.~. \.lnd.r the
commercial G.n$r~l Liability PQ1~oy 11sted in the CartltiQa~..
The Commeroial General ~iabl1ity polioy listed 1nth$ Certifi-
oate inclua$e a waiver by the In'~r.r ot all ri9hta of &ubrQq~tign
and reoovery a9a1n~t the City of Gilror (Owner), I\rchH:eot'J.ra1
Re~oUrO$i Oro~p (Architect), .nO the r r..paotive attic.rsi
41 rectot'S; agent,. lmd .\\\);110;'88. whioh ~ay ~t'i.. by .ref\liOl'l of
~~~~nt ~t any Ql~1~$ und6r .~oh polioy.
~h. Commeroial G.no~~~ ~!ahil1ty polioy listed 1n the Certit!-
cat. p~Qvldep th~t '~Qh pollcy i. prl~~~r and not oontrlbutQ~Y to
~ny other 1n~~ran~8 oVal1~ble to the 0 ty at Gl1t6Y (Own,.) o.
^rchitQct~ral R..OU~Q.' atOUp (Aroh1t.ot).
Th$ limits shown on tne C.rtit1c~t. with rlu'p'lct to the
coro~~rolal G.n~ral Liabi11ty polioy have not been reduc.~ by paid
01A1111..
, Tn$ CQmrnere101 General ~!.bility policy 11.tQ~ in th. c..ti'i-
Qat. inolude. the tQl1Qw1nfj cov.ra9..' (1) $'r8tni... an4 QperatiOf\B
eov.r~qe7 (11) Owner'. In~ contraotQrte ~rot.otive Coverai61 (i11)
~rOd'.lotB And CQnlp1tted op$ratlon. Covera~e, (1v) troad tQ;:m
~ropet'ty D.n)la~e doVerag$ (in~lU(Hn9 Colttplet*4 Qpe1:c.t.1Qn;,) 1 lv)
Blanket Contr~otual Oovera~el (vi) ~er.onal Injury cov$raqe (~ th
employment .xQl~.1Qn deleted), (vii) CtoSB Liabl11ty EndorD~~.nt/
QQv.~aie I &\nd (viii) "X" t .'C.. ~hd. "U., Cov..r~V"'''''
e. SP!CIAL I~iM$ TO IXCISS LIA8ILIT~ ~LICY
..(.f9li(j{y".th',h..~' OQ.JU7J1t().~ __.., ...
'rhe ExoeSB Liabilit)' pol~QY 11.ted in th. C.t'titioate
provioas exo..e oovera98 with ~'.p.ct to th~ tol1owlng pollo1~~j
comm~roi.l General ~i~bility (MP 002297879~), Work.r.'
Compen'at1~n/t~ploy.rt. Liab11it~ (Policy No. QRP 571, $~, Uhi~
000110') ah~ Autom~bile ~1~bl11ty (~olicy No. 1S~_~_~)~~7Y
City '~t O~4\"QY (Qwner), ~()h1t.ec:t\\r~1 Jtetia6Uro.. O);"ov.p
(ArQhiteot)1 on~ th~1~ ~.'pect1ve ott1Q.~" 4irector., a~~nts and
A.~..ltl.~
CERTIFICATE OF INSURANCE
ISSUE DATE (MMIDD/YY)
DELAP LACE INSURANCE AGENCY C/O
PROFESSIONAL INSURANCE ASSOCIATES
P.O. BOX l266
SAN CARLOS, CA
94070
5/6/93
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
PRODUCER
COMPANIES AFFORDING COVERAGE
~~T~~~NY A
SEQUOIA INSURANCE COMPANY
INSURED
HP CONSTRUCTION COMPANY, INC.
2190 STOKES STREET SUITE 202
SAN JOSE, CA
95128
~~~~~NY B
~~~~NY C
~~T~~NY 0
~~~~NY E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DD/YY) DATE (MMIDD/YY)
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE
OCCUR.
GENERAL AGGREGATE $
PRODUCTS,COMP/OP AGG. $
PERSONAL & ADV, INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (Anyone fire) $
MED. EXPENSE (Anyone person) $
OWNER'S & CONTRACTOR'S PROTo
AUTOMOBILE LIABILITY
ANY AUTO
A X ALL OWNED AUTOS
X SCHEDULED AUTOS
X HIRED AUTOS
X NON,OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE
LIMIT
1,000,000.
BODILY INJURY
(Per person)
$
BAP4002574
4/21/93
4/2l/94
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE $
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
AGGREGATE
$
$
WORKER'S COMPENSATION
AND
STATUTORY LIMITS
EACH ACCIDENT
$
EMPLOYERS' LIABILITY
DISEASE-POLICY LIMIT $
DISEASE-EACH EMPLOYEE $
OTHER
DESCRIPTION OF OPERATIONS/LOCATlONSIVEHICLES/SPECIAL ITEMS
RE: OLD CITY HALL 3400 MONTEREY STREET GILROY, CA 95020
CITY OF GILROY
7351 ROSANNA STREET
GILROY, CA 95020
ATTN: CITY ADMINISTRATOR
SHOULD ANY OF THE ABOVE DESCRIBED BE CANCELLED j3EFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ~~}bc:R
MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT;XOOX::XM~IK:xlXH4CXgucKXl~X1X>>.H'El:llEXlKKom::lH~~
~~~~x~~xlxk'}~x~J~}{5't~~*~~
AUTHORIZED REPRESENTATIVE
11 (~
~~-)
(
STATE
COMPENSATION
INSURANCE
FUND
P,O, BOX 420807, SAN FRANCISCO, CA 94142-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
MAY 5, 1993
POLICY NUMBER:
CERTIFICATE EXPIRES,
,,571-92-1185
10-1-93
CITY OF GILROY
ATTN BLDG DEPT-PHIL VENEZUELA
7351 ROSANNE ST
GILROY
CA 95020
------
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This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
I nsurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upo~n days' advance written notice to the employer,
30
We will also give you ~ days' advance notice should this policy be cancelled prior to its normal expiration,
This certificate of insurance is not an insurance pol icy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies
described herein is subject to all the terms, exclusions and conditions of such policies,
~~
PRESIDENT
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE
EFFECTIVE 5-5-93 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
.
LIMITS OF LIABILITY: $3,000,000 ON INCIDENTAL EMPLOYER'S LIABILITY
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER
EFFECTIVE 5-5-93 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
NAME OF ADDITIONAL INSURED: CITY OF GILROY
EMPLOYER
I
H.P. CONSTRUCTION CO., INC.
2190 STOKES ST. SUITE 202
SAN JOSE, CA 95128
L
';\. rl-~; f ",
F.\. '.~ ,,\ \
l!j'I~""" I I l!
^\' I M 'N I i j :j93 ; ! 1
I U t......_,----' '__h_'_~ d)
BERLINER · COHEN
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
SANFORD A. BERUNER"
SAMUEL J, COHEN'
HUGH L. ISOLA'
ANDREW L. FABER
WILUAM J, GOINES'
ROBERT W. HUMPHREYS
MICHAEL H, KAlKSTEIN
MYRON L. BRODY
RALPH J. SWANSON
PEGGY L. SPRINGGAY
JOSEPH E. DWORAK
SAMUEL L. FARB
ALAN J, PINNER
FRANK R. UBHAUS
TEN ALMADEN BOULEVARD
ELEVEN1H FLOOR
SAN JOSE, CALIFORNIA 95113-2233
FACSIMILE: (408) 998-5388
TELEPHONE (408) 2B6-5800'
UNOA A. CAU.ON
NORMAN 0, THOMAS
ROBERTA S, HAYASHI
TIMOTHY T, HUBER
RUSSELl J. HANLON
ANNE L. NEETER
KEVIN F. KEllEY
CHRIS SCOlT GRAHAM
JAMES p, CASHMAN
STEVEN J. CASAD
NANCY J. JOHNSON
JEFIOlO A. RElTON
ROBERT L. CHOATEK
May 10, 1993
. A Professional Corporation
Mr. Chuck Myer
City of Gilroy
7351 Rosanna street
Gilroy, CA 95020
Re: City of Gilroy - Old City Hall
(Our File No. 04706-011)
Dear Chuck:
.' , "----..,.....,.,..-..-....~.".'''''........_i;'"'"'',,.."....~_.;j;
j'iFFREY M. FORSTER MIRIAM BEHMAN
KATHlEEN K. SIPlE THOMAS S, WEll<
SCOlT R. HOVER-SMOOT ROGER ROYSE
THOMAS p, MURPHY UNOA N, SUNDE
THOMAS A. BARrAS! ROSS A. KAY
JONATHAN D. WOlF CINDY A. DIAMOND
~M:.Y L. SAETTA SCOTT R. AMES
EDWARD F, MAlYSZ CAAY p, KORS
lHOMAS F, CHAFFIN BRIEN B. KIAK
THOMAS D. CUMPSTON JAMES L. LAUFMAN
CHI-HUNG A. CHAN JEFFREY S. ~ONE
RICKEY A. GREEN JOHN p, KlEN
NICHOlAS p, PETREOIS GINA COLOMBO STINEMAN
OF COlJNSa
C'..AAENCE A. KELLOGG, JR,
RAYMOND E. RIGGle, JR.
......... ..."".' .. ....EN... ..t', ..
il:!~~lii~~~I~llii~If~~i~~~:
..........-...--..-..,--...,........"."'.
with construction now beginning on the Old City Hall project,
,this letter is intended to remind you of the time limits on any
claims made by either the City or HP Construction during the course
of construction. Pursuant to Paragraph 4.3.3 of the General
Conditions set forth in the Project Manual, Claims (as defined in
Parag~aph 4.3.1) by either party must be made within 21 days after
occurrence of the event giving rise to the Claim in question or
within 21 days after the claimant first recognizes the condition
giving rise to such Claim, whichever is later.
-
Please call me should you have any questions or comments.
Very truly yours,
~
-o~s . BAR MI
TAB:ah
Enclosure
cc: Linda A. Callon, Esq.
Mr. Phil Valenzuela
\051 \ 112257.1
31-051004706011
---.