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01-057 Republic Electric~I~ns~ 4. CONTRACT FOR PUBLIC WORKS This CONTRACT made on January 8, 2002 by the- CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and Republic Electric hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Forn~ and Signature Form. b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications d. Faithful Performance and Labor & Material Bonds e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compens~ition Insurance and Notice of Policy Cancellation Endorsement. f. This Contract for Public Works. All of the above documents are intended to cool-erate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work to modify the traffic signal at Blaney Avenue and Stevens Creek Boulevard, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which flans and Specifications are entitled, respectively, TRAFFIC SIGNAL MODIFICATION AT B~LANEY AVENUE AND STEVENS CREEK BOULEVARD -PROJECT 2001-O1, are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction oi' CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY heret~y designates as its representative for the purpose of this Contract the City Engineer, Mr. Ralph A. Qualls, Jr. CONTRACT - 1 OF 6 3. CONTRACT PRICE. CITY agrees to p<<y, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the :gum of Eighty Nine Thousand Three Hundred and Fifty dollars and no/100 ($89,350.00), subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, or in accordance with the agreemem: of the parties, or in accordance with Section 6, paragraph "f' of the General Provisions. 5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and beaz all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection try CITY to all parts of the work, and to the shops wherein the work is in prepazation. Where the :specifications require work to be specially tested or approved, it shall not be tested or covered ul~ without timely notice to CITY of its readiness for inspection and without the approval thereof' or consent thereto by CITY. Should any such work be covered up without such notice, appro~ral, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans and Specifications or the Contract Doc;uments, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the (:ontract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. No extra work shall be performed or change be m~~de except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENT~~L REQUIREMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standazds established by State and Federal statutes and regulations after th.e Contract has been awazded or entered into. CONTRACT - 2 OF 6 CONTRACTOR shall be paid for such changc;s either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties. 9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be terminated, amended or modified, with the mirtual consent of the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. TIME FOR COMPLETION. All work: under this Contract shall be completed in accordance with the Time for Completion section in the Proposal and the Specifications of this project. If CONTRACTOR shall be delayed ir.~ the work by the acts or neglect of CITY, or its employees, or those under it by contract or othc;rwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or t-y delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude tike recovery of damages for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR II'JSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general. assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRAC'T'OR' S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving; upon it of notice of termination does not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty (30) days from the date of the serving of such notice, CITY may take over the work and prosc;cute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may b~~ on the site of the work and necessary therefor. CONTRACT - 3 OF 6 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services rendered and materials furnished in and about the work. City may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent oil CONTRACTOR, and any payment so made by CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensurf; performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY'S Notice to Contractors. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE AVENUE; CIIPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same in the United] States mails enclosed in a sealed envelope, addressed to REPUBLIC ELECTRIC; 7120 :REDWOOD BOULEVARD; NOVATO, CA. 94945, postage prepaid and certified; and (c) if' notice is given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of the ;person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall l,~e assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in writing to some other material, proces;~ or article offered by CONTRACTOR which is equal in all respects to the one specified. It shell be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. CONTRACT - 4 OF 6 17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all subcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. In signing this Contract CONTRACTOR make:~ the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against li~~bility for worker's compensation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 18. ACCIDENT PREVENTION. Pre~:aution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in ~iccordance with the safety provisions of the Construction and Safety Orders issued by the [ndustrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILIT`Y' FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain the. insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency b:y the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state: of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one (1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. CONTRACT - 5 OF 6 P.O. No. 21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The alternates chosen would be for any sites currently under construction or to be constructed in the future. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO: By: MAYOR CONTRACTOR: ~E~~u~ C~C~G'~ fL Attest: City Cl Date: din ohs , 2002 City Clerk BY~ ~~~~~~ ~i~~~~ Notary acknowledgment is required. If a corporation, corporate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation a Social Security No. is required. Social Security # APPROVED AS TO FORM: City tt me PROJECT NAME & NUMBER: ~_ 8-02~6~2~ Federal Tax I.D. # Contractor's License No. •f~~-I ~~- TR,~FFIC SIGNAL MODIFICATION AT BLANEY AVENUE AND STEVENS CREEK BOULEVARD -PROJECT 2001-01 CONTRACTOR'S NAME & ADDRESS: REl?UBLIC ELECTRIC 712iD REDWOOD BOULEVARD NO~VATO, CA 94945 CONTRACT AMOUNT: $89„350.00 ACCOUNT NUMBER: 270••9431 FILE NO: 74,2 85.03 CONTRACT - 6 OF 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~~ ~I ~ } ss. County of ~ On ~ _ y ' ~ ~ before me,~,~.1.1((~~. 111~~~-~~°~~ ~~fCt/1~~~~1 ~, Date ^ ~ ~ ~ • ^N~ end itle of OHicer (e.g., "Jane Doe, Notary Public") personally appeared iW, - 'W- 1 I e , Name(s) of Signer(s) onally known to me ^ proved to me on the basis of satisfactory evidence ~• LAURA J. KtRWAN-BENSON Commission ~ 1331537 = y; Notary Public - Califomia ~ Marro County My Comm. E~iras Nov 22.2005 to be the person(~j whose name(,r~ is/~ subscribed to the within instrument and acknowledged to me that he/~'e/t~y executed the same in his/t~r/th~it authorized capacity(i~(s), and that by his/~/t~r signature(s) on the instrument the person(,, or the entity upon behalf of which the person~- acted, executed the instrument. IT SS my h an official sea ignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual Top of thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ® 1999 National Notary Association • 9350 De Soto Ave., P.O. Boz 2402 • Chatsworth, CA 91313-240:? • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 "AC~oR~M CERTIFICATE OF LIABILITY INSURANCE oliio%oa PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI Northern California/HOS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2199 S. McDowell Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 4409 Pe t a t uma , CA 9 4 9 5 5- 4 4 0 9 INSURERS AFFORDING COVERAGE INSURED INSURER A: Travelers Republic Electric INSURER B: State Compensation Insurance Fund 7120 Redwood Blvd Novato, CA 94945-41 14 INSURER c INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DA'~E MM/DD/YY DATE MM/DD/YY LIMITS A GENERAL LIABILITY DTE CO 7 3 7 X 10 6 5 0 4/ 2 1/ 0 1 0 4/ 21 / 0 2 EACH OCCURRENCE $1 ~ Q Q Q~ Q Q Q X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $3 O O , 0 0 0 CLAIMS MADE X OCCUR MED EXP (Any one person) $ rj ~ Q Q Q PERSONAL 8 ADV INJURY $1 , 0 0 0, 0 0 0 GENERAL AGGREGATE $2 , 0 0 0, 0 0 0 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS -COMP/OP AGG $2 , 0 0 0 , 0 0 0 POLICY X jE 4 LOC A AUTOMOBILE LIABILITY DT 810 7 3 7 X 10 6 5 0 4/ 2 1/ 0 1 0 4/ 21 / 0 2 X COMBINED SINGLE LIMIT (Ea accident) $1 , 0 0 0, 0 0 0 ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND 31514 0 2 0 1 10 / O 1/ O 1 1 0/ 0 1/ 0 2 X ORY IMITS OER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1 , 0 0 0 , 0 0 0 E.L. DISEASE - EA EMPLOYEE $1 , 0 0 0 , 0 0 0 E.L. DISEASE -POLICY LIMIT $1 , 0 0 0, 0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Cancellation: Except for ten day notice f:or non-payment of premium. RE: Project #2001-O1, Traffic Signal Modification @ Stev ens Creek Blv d. Additional Insured named per the attached GL & AUTO endo rsements. Waiver of Subrogation applies to WC. ~.~n I Irwr~ I ~ nvwen ADD City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 SHOULD ANYOFTHEABOVE DESCRIBED POLICIESBE CANCELLED BEFORE THE EXPIRA710N DATE THEREOF, THE ISSUING INSURER WILL]~j~{1}~}ij¢[IulAIL3 Q DAYS WRITTEN NDTICETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT,~.~R~[ti~~~$Q~Q~}{ AUTHORIZED REPRESENTATIVE ./- _ . AcoRD zs-s ~~is~~ 1 o f 2 # S 4 4 7 8 6/ M4 2 6 9 5 R 9 S ©ACORD CORPORATION 19t IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certi~`icate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/9~2 of 2 #S44786/M42695 COMMERCIAL GENERAL LIABILITY (' Tf-!!S ENDORSEMENT CHANGES THE POLICY i . PLE,RSE READ IT CAREFULLY. ,~~r~~~~1~:~~~iJ~ This endorsement modifies insurance provided under the followin COMMERCIAL GENERAL LIABILITY COVEF~A g: G E PART COMMERCIAL GENI=RAL LIABILITY -CONTRACTORS COVERAGE PART 7. WHO IS AN INSURED - (Section II) is amended ~ to include any person or organization you are re- Lion with the general supervision of ."your quired to include as an additional insured on this work . policy by a written contract or written agreement e) This insurance does not apply to "bodily in- in effect during this policy period and executed jury" or "property damage" arising out of prior to the occurrence of any loss. "your work" included in the "products- 2. The insurance provided to the additional insured completed operations hazard" unless. you are is iimtted as follows: required to provide such coverage by written a} The person or organization is only an addi- contract or written agreement and then only for the period of time required by the co t tional insured with respect to liability arising " " n ract and in no event beyond the expiration date of out of your work for that additional insured. the policy. b} In the event that the Limits of liability stated in th fl This insurance does not apply to any person e policy exceed the limits of liability re- quired by the writte or organization for whom you have procured n contract or written agreernent, the insurance provided by this separate (lability. insurance while such insur- ance is in effect re d ~. endorsement shall be limited to the limits of !~ liability required by the writt , gar less of whether the ~ scope or limits of insurance in this policy ex- en contract. This .~ endorsement shall not increase the limits ---~ ceed those of such other insurance or whether such other insurance is valid or c l stated in Section III - LIMITS OF ~.~ INSURANCE o - )actable. . „_ c) The insurance provided to the additional in- 3. Subpart (1)(a) of the Pollution exclusion under Paragraph. 2 Exclusions f B „~ sured does not apply to "bodily injury", " " ., o odily Injury and Property Damage Liability Coverage (Section I - _--- Rroperty damage , "personal injury" or "advertisin i " Coverages) does not apply to you if the "bodily " g njury arising out of an archi- tact's, engineer's or surveyor's rendering of or injury or "property damage" arises out of "your work" pertormed on premises which are failure to render any professional services m. s including: owned or rented by the additional insured a-t the time "your " work is pertormed. 1. The ~. An. c Y preparing, approving or failing to Y overage provided b this endorsement to an ~-~' prepare or approve maps, shop drawings, " _ opinions re rt additional insured shall be excess over any other . , po s, surveys, field orders, ~--- change orders, or drawings and specifi- ~" valid and collectible- insurance available to the additional insured whether ri cations; and ma tingent or on any other bast's un Iesscas written If. Supervisory .or inspection activities per- ~- formed as part of a l contract or agreement specifically requires that this insurance apply on a ri ny re ated architect ~_ --- tuna! or engineering activities: p mary ar contributory basis. ""` ~. d) Except when required by written contract or As soon as practicable, each adr~ itiona! insured written agreement, the coverage provided to ' rnu~ give us prompt notice ofi any "occurrence" ti- _ the additional insured by this endorsement ~~ch may result in a claim, forward all legal pa- does not apply to "bodil rn'u or property 1 ry' pars to us cooperate in the defer~se of any ac- ' damage" arising out of acts ar Qmissions of 4 (ions, and otherwise comply with policy condi- ~: the additional insured othe r than rn connec- Lions. ~: C~:ty o~ CupeYtino and .its d.~:zectr~,x;s, ~f;ce~s,, eng.~.ne,.,~'~~~ agents and 1oye~,s and a1I ~,'~L"'c a cie frczn. w.t1c>in pe~ini:"ts a~Zl ]~ oJ~ta,~ec1 and thP'~ a~eni~.s ar~~errn~loyees. -~;r d.zectors, officers,, engineers CGS D2 09 07 98 Copyright, The Travelers Indemnity Company, 1998 oooso~ gage 1 of POUCY NUMBER: DT-sJ n-737x1065 COM~VIERCIAL AUTO ISSUE DATE: os/2a/o1 THIS ENDORSEMENT CHANGES THE E'OLfCY. PLEASE READ IT CART=FULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Paragraph c. of the WHO 1S AN INSURED provision includes the person or organization indicated below, but only for his, her or its liability because of acts or omissions of an "insured" under paragraphs a. or b. of that provision, subject to the following additional pro- visions: 1. No liability is assumed by that person or organi- zation for the payment of any premiums stated in the policy or earned under the policy. 2. In the event of cancellation of the policy, written notice of cancellation will be mailed by us to that person or organization. Person or Organization ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT, EXECUTED PRIOR TO LOSS, TO NAME AS ADDITIONAL INSURED Address The City of Cupertino and its directors, o~:Eicers,~engineers, agents;and er.~ployees, and all public agencies from whcsn pernuts will be obtained. and theix directors,, officers,. engineers, agents and employees. CA T3 01 Q2 99 Page 1 of 1 t: COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DTE-CD-737X1 065 ISSUE DATE: 05-08-01 THtS ENDORSEMENT CHANGES THE. POLICY. PLEASE READ IT CAREFULLY. DESIGNATE®- ~PROJECT(S)- GENERAL AGaGi~EGATE LIMeT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project Designated Project(s): General Aggregate(s): EACH "PROJECT" AWAY FROM PREMISES GENERAL AGGREGATE OWNED OR RENTED TO YOU. LIMIT SHOWN ON DECLARATIONS. i l,. A. For all sums which the insured becomes legally a. Insureds; obligated to pay as damages caused by "occurrences" under COVERAGE A. (SECTION b. Claims made or "suits" brought; or I), and for all medical expenses caused by acci- c. Persons or organizations making claims dents under COVERAGE C (SECTION I), which or bringing "suits". can be attributed only to operations at a single 3. Any payments made under COVERAGE A designated "project" shown in the Schedule . for damages or under C01dERAGE C for above: . medical expenses shall reduce the Desig- 9. A separate Designated Project General Ag- Hated Project General Aggregate Limit for gregate Limit applies to each designated that designated "project". Such payments "project„, and that limit is equal to the amount shall not reduce the General Aggregate Limit of the General Aggregate Limit shown in the shown in the Declarations nor shall they re- Declarations, unless separate Designated duce any other Designated Project General Project General Aggregate(s) are sched- Aggregate Limit for any other designated vied above. "project" shown in the Schedu ie above. 2. The Designated Project General Aggregate 4. The limits shown in the Declarations for Each Limit is the most we will pay forthe sum of all Occurrence, Fire Damage aid Medical Ex- damages under COVERAGE A., except pease continue to apply. However, instead of damages because of "bodily injury" or being subject to the General r4ggregate Limit "property damage" included in the "products- shown in the Declarations, su ch limits will be completed operations hazard", and for medi- subject to the applicable Designated Project cal expenses under COVERAGE C, regard- General Aggregate Limit. ~ less of the number of: CG i3~ 11 08 98 Copyright; The Travelers indemnity Compan}~; 1998 Page 1 of 2 BOND EXECUTED IN TRIPLICATE BOND N0: 57BCSBE5488 PREMIUM: $916.00 FAYTHFUL PER1E0)~YMANCE BOND I{NOW ALL MEN BY THESE PRESENT: THAT WE, REPUBLIC ELECTRIC Principal, (c~~ntractor's name) and HARTFORD FIRE :CNSURANCE COMPANY Surety, (bonding company's name) are held and firmly bound unto the City off' Cupertino, State of California, in the sum as as of EIGHTY NINE THOUSAND THREE HUNDRED F7;FTY & 00/100 --- ($89,350.00) lawful money of the YJnited States, for the payment' of which will and truly to be made, we bind ourselves, our heirs, executors, successors an~~ assigns, jointly and severally, firmly by these presents. T1:IE CONDITION of the foregoing obligation is such that, WHEREAS, the principal has entered into a contract with the City dated JANUARY 8TH 20 02 with the obligee to do and perform the following work to- wit: TRAFFIC SIGNAL MODIFICA T B NEY AVENUE AND STEVENS CREEK BLVD. PROJECT 1-Ol NOW, THEREFORE, if the said principal shall well and truly perform the work contracted to be performed under said contract:, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrunlznt has been duly executed by Principal and Study this 111~I day of JANUARY _.___~ 20 02. (To be signed by Principal and Surety, Notary acknowledgment required) CONTRACTOR REPUBLIC ELE IC BY : /-~ Principal HARTFORD FIRE INSURANCE COMPANY Surety Street Address: 33 NEW MONTGOMERY STREET City, State, Zip SAN FRANCISCO. CA 94105 ttnrnev-In-Fact KELLY HOLTEMANN The above bond is accepted and approved this _ day of , 20 Faithful Pcrformnnec - Page I of 1 C,~LiF®F~pitA ~iLL-P[1i~POS~E ACKNOV1dH..;`Df'~t~t-~r No. 5807 State of CALIFORNIA Gounty of soNOr~A ~n --- 1/11/02 before me, _ LAWRENCE J: COYNE, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER -E.G.,'JANE DOE, NOTARY PUBIiC' ~ personally 3ppeat;ed KELLY HOLTEMANN_____________ ~ ______ NAME(S) OF SIGNER(S) ~ ~ personally known to me - C3R - ^ proved to me on the basis of satisfactory evidence to be the person(;) whose name() is/ ~~ subscribed to the within instrument and ac- knowledged to me that i~~/she/~i executed the same in /her/i~ authorized ~.u-,~.~., capaci•ty(), and- that by Sher/~ t.nwR~rvcE ~. coYrtE signature() on the instrument the person(), ~ ... r,b~y ~~#ca or the anti#y upon behalf of which the Sonoma county ~ p(:rson(~) acted, executed the instrument. My Comm. 6q~i'es Oct 2D, 2p04 WIT~#ESS my hand and official seal. SIGNATURE Ole NOTARY C3PTt{3t~tAL Though the data below is not required by law, it may,prove va:uable to parsons relying on the document and could prevent fraudulent reattachment Of this form. CAPACITY CLAIMED B~Y SIGNER DESCRtPTtO~i oi= ATTACHED DOCUMENT ^ INDIVIDUAL , ^ CORPORATE OFi=1CER PERFORMANCE BOND TITLE(s) ^PARTNER(S) ^ L!MlTED ^ GENERAL © ATTORNEY-lN-FACT ^ TRUST~i=(g) ^ GUARDIAN/CONSERVATOR ^ OTHER: TITLE OR TYPE OF DOCUMI=NT ONE NUiv(8)=R OF PAGES 1/11/02 DATE OF DOCUMENT SIGNER lS REPRESENTING: NAME OF PERSON(S) OR ENTITY, LIE~Sj ~~~ HARTFORD FIRE INSUKANCE COMPANY N/A SIGNER(S) OTHER THAN NAMED ABOVE 671983 NATIONAL NOTARY ASSOCI~,TION • 8236 Remmel Ave., P.O. Bor. 7164 • Canoga Park, CA g 1308-71St BOND EXECUTED IN TRIPLICATE BOND N0: 57BCSBE5~88 PREMIUM: INCLUDED LABOR ANA NrATERIAL BOND KNOW ALL Nih`N BY THESE PRESENT: W.bll/REAS, the City of Cupertino, State of California, and REPUBLIC ELECTRIC hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of TRAFFIC SIGNAL MODIFICATION AT BLANEY A AND ST'EVEDTS_.CRFFK RT,VI~_ - PR~_~~'.F'.f~' 2nn1-nl more particularly described in said contract; an~i incorporated herein by reference. WHE.R~AS, said principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his o~~ its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used ira, upon, for or about the performance of work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; and NOW, THEREFORE, WE, REPUBLIC ELECTRIC (contractor's name) HARTFORD FIRE INSURANCE COMPANY" as Principal, as Surety, (bonding eompan.y's name) firmly bind ourselves, our executors, administrators, successors and assigzas, jointly and severally, unto the City of Cupertino, au.d any and all materialmen, persons, companies, or corporations furnishing materials, provisions, ;provender ox other supplies used in, upon, for or about tl~e performance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incor)~orated herein by reference, and all persons, companies or corporations lending or hiring tc~uns, implements or machinery, for or contributing to said work to be Bono, and all persons who perform work or labor upon the same, and alt persons who supply both work and materials, whose claim has not been paid by Principal or by any other pcrson,,in the just and full Burn of E]:GHTY NINE THOUSAND THREE HUNDRID FIFTY & 00/100 --- ($89,350.00) THE CONDITION OF THIS OBLIGAITON IS SUCII THAT if said principal, his or its subcontractors, heir:;, executors, administrator;, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Ins~irance Act with respect to such work or labor, or any and all damages arisn~;g under the original contract, then said Surety will pay the same and also will pay in case suil• is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court, This band shall insure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to dive a right of action to diem or their assigns~in any suit brought upon this bond, Lflbor and Malzrial -Page 1 of 2 And the said Surety, for value receivE:d, hereby stipulates, and agrees that no change, extension of time, alteration or addition to 'the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby w~xive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN 'WITNESS WI-IEREOF, this instnunent has been duly executed by Principal and Surety this 11TH day of JANUARY 20 02. (To be signed by Principal and Surety. Notary acknowledgments required.) CONTRACTOR REPUBLIC ELECTRIC '/ BY: ~~ ~.~ V u Principal HARTFORD FIRE INSURANCE COMPANY Surety Street Address: 33 NEW MONTGOMERY ~TRIi,FT City, State, lip SAN FRANCISCO, CA 94105 gay: ~ ,--~ Attorney-In-Fact KELLY HOLTEMANN The above bond is accepted and approved this _ day of , 20_. Labor and Material Page 2 of 2 CALtirC}RAitA ALL-PURP®SE ACKMOIA~LEflc=e~~nr: No. 5907 State of CALIFORNIA County of sorroNtA pn 1/11/02 before me _ LAWRENCE J: COYNE pATE ~ , NOTARY PUBLIC NAME, TITLE pF OFF7GER - E.G., BANE DOE, NOTARY PUHt~C ~ personatiy appeared KELLY i30LTEMANN-----____________ _ ____ NAME(S) OF SIGNER(S) ~ ~ gersonaily known to me - OR - ^ proved to me an the basis of satisfactory evidence to be the person(;) whose name() is/ ~" subscribed to the within instrument and ac- k:nowledged to me tha# i~l~/she/~ executed • the- same in /her/t~ authorized ~` ca acit LAWRENCE J. COY~N°E''' p Yf), and that by ~i}er/~ corr,missPon# ~2s>>~ [ signature() on the instrument the r z ~ Notary ~r-~c - cart«rna ~ pe son (~), sor-ornacounty or the entity upon behalf of which the "^''~~~~-~ pE~rson(~) acted, executed the instrument. WITNESS my hand and official seal. ~~ SIGNATURE OIFJNOTAAY oiaTift~>~ta~. Though the data below is not required by law, ft may prove valuable to parsons relying on the document and could prevent fraudulent reattachment of this farm. CAPACITY.CLAiMED 8~' S1G~VER DESCRIPTION DF A?TACHED DOCUMENT ^ iN>arviDUAL .. . ^ coRPORATE oFFlc>rR . TrrLE(s) . T,ARnR ANf) MOmFnTAT Rn 7n TITLE OR TYPE OF DOCUMENT ^ PARTNER(S) ^ L!MlTED CD GENERAL CI ATTORNEY-iN-FACT ^ TRUSTEE(S} D GUARDIANJCONSERVATOR ^ OTHER: 5lGNER 3S REP.RESENTING: NAME OF?ERSON(S) OR ENTITY{IES) HARTFORD .FIRE IN~UR.ANCE COMPANY TWO NUtv18ER OF PAGES i iii Q2 DATE OF DOCUMENT N/A • SdGNER(S) OTHER THAN NAMED ABOVE 637BP3 NATIONAL NDTAFtY ASS;3CIATlC1N • E236 aemmet Ave.. ?.C. Bor,'~gq • Canoe Paris, CA 91309-7~ga HARTFORD FIRE IN:~URANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, does hensby make, constitute and appoint Lawrence J. Coyne, Goran G. E. Ryn, Bonnie K. Frymire, Kelly Holtemann Oj Petaluma, CA its true and lawful Attomey(srin-Fact, with full power and authority to each of said Attomey(s}in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelfty of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the pertormance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and se+aled and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attomey is granted under and by authority of the By-Laws of HARTFORD FIRE INSURANCE COMPANY, ("the Company") as amended by the Board of Directors at a meeting duly called and held on May 13'" 1999, as follows: ARTIC_E IV SECTION 7. The President or any Vice President or Assistant Vice President, acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal of the Company to bonds and undertakings, recognizance:s, contracts of indemnity and other writings obligatory in the nature thereof, and such instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company. SECTION 8. The President or any Vice President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attorneys-in-Fact and at anytime to remove any such resident Vi~:e President, resident Assistant Secretary, or Attomey-in-Fact, and revoke the power and authority given to him. Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attomey or to any certificate relating thereto by facsimile, and any such power of attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upbn the Company in the future with respect to any bond or undertaking to which H is attached. In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice President, and its corporate seal to be hereto affixed, duly attested by its Assistant Secretary, this 14th day of May, 1999. Attest: HARTFORD FIRE INSURANCE COMPANY - Q9F~E n ~ C--C.tnl/Vl ~ `SEAL I° * ~> p~ ~ ~.r ~'-:niME~~~ Paul A. Bergenholtz, Assistant Secretary Robert L. Post, Assistant Vice President STATE OF CONNECTICUT ss. Hanford COUNTY OF HARTFORD ) On this 14th day of May, A.D. 9999, before me personally came Robert L. Post, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of HARTFORD FIRE INSURANCE 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. ~ y~. t r, /~C1,G/v ' +~,~arw4r '~~ l~t~ "YY ~~c+ Jean H. Wozniak Notary Public CERTIFICATE My Commission Expires June 30, 2004 I, the undersigned, Assistant Vice President of HARTFORD FIRE INSURANCE COMPANI', a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER: OF ATTORNEY remains in full force and has not been revoked; and furthermore. that ArtiGe IV, Sections 7 and S of the By-Laws of HARTFORD FIRE INSURANCE COMPANY, set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Dated the 11 ~ day of JANUARY 20 OZ QOFIRE "°V O SEAL ~~ ~~ J. Dennis Lane, Assistant Vice President Form S~054-2 Printed in U.S.A.