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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, ~ I ~\ \ \J. ,\ , ,~ ..~ ~~ -....., ~ ~ ~ s... ~ Q) ~ u ,~~ ~ .,.... ~u +-' VI Q) +-' +-' <X: 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. I l/i' ::i''''I!'I!Hir :;,r .-i,.....d -. U liii.' I I :1 I,. , - i f , l f , t i ,< 1 , h ~ I i I i; '~ .. of f ;# ~ f 1 j j ~ ~ I t t it I' J .~ " ~. !!::: =: 0 Wedpe~day July 1, 1n92 ! \ ~ t t. ; Part II I Department of the Treasury ~ ~ . " "'-.. ..._._..... ".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;, "'1>" ~.~ to._ .......--- I:ld1 ._. =: ~.. _ 'J" ~~.___!... ...... 'iL I :"'1 1 :~.? i N..; "!.~s - . . ,J ~ Ie' " '. 'J' t..;~. ,.J , ~JIl }-J, 4-ClOZJ6 [)EPAF ",,(': ,) 'I ;.-l":'L rnr..ASlJRl' 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,!:. 1I:~l~ AS~istant Commissione.t'( E'inan::.'ial ':"ntt)f...at~().; Fin...ncial MM1~9o.m-ent S4tt'vice '-." ......._...'....__..._..._~~--...... .'... -. ~. ,.~ ... ". ...._.~"_..'..., . "'.__.,.. ....-....-.~,......- .....__.~,_._,-" '...._.~,_. .."--."- (;"Ke':.1,,-7.:1tl.J:L.Jl1~-lflaIl.ON .JJL'" ~~.!-ITA.I ti.~...1l!...I.1f.!. .l!QD.S-AUIflLXm..Q! Dn S' .c;;."R~tA~_n...1MUL~:.P "'tffr...!!q1.ttJ_~1,t.. .._""'"> '! :"'1: f' t: i' ,.;<" .~ . . ',' ~. Ii .j<#-.-- ~ j j I j i . . , f Y.o.w ....., VoL 51. No. U1 j W~y, Jcdy 1. 1982 I Noucn "-'^ ""'-. ......-...::~~~.'.~L _..;;;:;____~, :....._ __,.. ..1 :~~ ------.:_ _._ =:-: ~~_~ ~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. '----_._~_.. _.._-----~ ~>.'-'\ ".,,X)t l~(~t~ S at and u! '11';:"'.) -: 4.-, -.su - ! ' l' I I I I 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 """'_""""""""~F''''_~~''~'--:-~- f " . .j. .l _ --.: -::': -:- --+~": PD~ n) r~ \1' n .~ ~ ..... Q\;;'. ~~ ~ '2 )0 ,." ;;l~ ~;. ~r ~ --. ~ ~ ~:;: 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---~:'- . e,\\ \ ~ \\.~; i ,.~ ' 1 ,....:::1 '~-' ..... I ." ~ r~"--"-'- . ,. ~ i j / ~ II ~..(:'.) p rN - 5 \ ~; i l iI' . ! 1\ 'd ,U 1uL--~--.'-'--"- l.~_ r- L 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 $1,899,000. All Risk -0- Deductible Attn: City Administrator ! ~CO~D 25:5. (7!!Ql l'I!'11;l r'1a ':J. OS 1 '3'33 12: 09Fl'1 pe1S J .~I.J 11. 1.L I'll). I)U':' 1"', U/I F I-om : H F' CCit6TRUCTI Cit'j CD. I NC. .....ol. ,. j ,-lj) '"",I.L L.. 1\1...1 I I L.. l.. .. , . '" F'HmlE No. 408 280 :;,000 MAY-0.4-'93 TUe: 1Sl21 i tll ' ifL NOI ~e25 pe9 employ... ,,,. 1nolutto~ as .d4S.~hm.l no.medo 1n.~r.d. U1ld~r ~n. !~o... L1,hiltty polioy li.t.d in the c&rtit1~at.. Tho Ixo$'$ 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~;;,;' ':';<';~:,' ..... '- . !~II' : ,. _" .,' I r I 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 ------ --(0' "/"-'~"" ~~ \ '2 t,,'.,, '! .\\Y, ", ':,:.;:J~_..,':-: ' ' \. 'i; 1 j"' \\ \.J,/ \ q r,\! \\' \ \ \\,", "\ ' ~ l'\. , \\ \j\'~\ \. \\,.\ . r- L 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 ---.