06-069, O'Grady Paving, Inc.
L. CONTRACT FOR PUBLIC WORKS
This CONTRACT made on ~ - L(J- 6lo by the CITY OF
CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and
O'Grady Paving Inc., hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
1. THE CONTRACT DOCUMENTS. The complete contract consists of the following
contract documents:
a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion
Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form.
b. Standard Specifications, General Provisions and Special Provisions.
c. Plans and Specifications for 2006 STP o VERLA Y PROGRAM, PROJECT NO. 2006-01
d. Faithful Performance Bond and Payment Bond.
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 Compensation Insurance and Notice of Policy
Cancellation Endorsement.
f. This Contract for Public Works.
All of the above documents are intended to cooperate so that any work called for in one and not
mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said
documents. The documents comprising the complete contract are sometimes hereinafter referred
to as the Contract Documents. In case of conflict between the Plans and the Specifications on the
one hand, and this Contract on the other, the Plans and Specifications shall prevail.
2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus,
facilities, labor, transportation and materials necessary to perform and complete in a good and
working order, the work of overlaying City streets, as called for, and in the manner designated in,
and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted
by CITY, which Plans and Specifications are entitled, respectively, 2006 STP OVERLAY
PROGRAM, PROJECT NO. 2006-01 and which Plans and Specifications are identified by the
signatures of the parties to this Contract. It is understood and agreed that said tools, equipment,
apparatus, facilities, labor, transportation and materials shall be furnished, and that said work
shall be performed and completed as required in said Plans and Specifications under the sole
direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its
representative.
CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr.
Ralph A. Qualls, Jr.
167
3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full
payment for the work above agreed to be done, the sum of $ 518,293.10 (Five Hundred
Eighteen Thousand, Two Hundred Ninety-Three Dollars and Ten Cents) 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 agreement of the parties, or in accordance with Section 6,
paragraph "f' of the General Provisions.
5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all
expense for all necessary permits, licenses and easements for the construction of the project, give
all necessary notices, pay all fees required by law, and comply with the laws, ordinances and
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 by CITY to all parts of the work, and to the shops
wherein the work is in preparation. Where the Specifications require work to be specially tested
or approved, it shall not be tested or covered up without timely notice to CITY of its readiness
for inspection and without the approval thereof or consent thereto by CITY. Should any such
work be covered up without such notice, approval, or consent, it must, if required by CITY, be
uncovered for examination at CONTRACTOR'S expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time
during the progress of the work require any alterations, deviations, additions or omissions from
the Plans and Specifications or the Contract Documents, CITY shall have the right to do so, and
the same shall in no way affect or make void the Contract, but the cost or value thereof will be
added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and
reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if
applicable, the Standard Specifications, or in accordance with the agreement of the parties. No
extra work shall be performed or change be made except by a written order from CITY, duly
authorized by resolution of the City Council, and by all agencies whose approval is required by
law, stating that the extra work or change is authorized, and no claim for an addition to the
Contract sum shall be valid unless so ordered.
8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the
right to make changes in this Contract during the course of construction to bring the completed
improvements into compliance with environmental requirements or standards established by
State and Federal statutes and regulations after the Contract has been awarded or entered into.
CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if
applicable, or in accordance with the agreement of the parties.
9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be
terminated, amended or modified, with the mutual consent of the parties. The compensation
payable, if any, for such termination, amendment or modification, shall be determined either by
168
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 in the work by the acts or neglect of CITY, or its
employees, or those under it by contract or otherwise, or by changes ordered in the work, or by
strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any
causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any cause
which CITY shall determine justifies the delay, then the time of completion shall be extended
accordingly. This paragraph does not exclude the recovery of damages for delay by either party
under other provisions in the Contract Documents.
11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY
a sufficient time in advance of the manufacture, production or testing of materials to be supplied
under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and
testing of same.
12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be
adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a
receiver should be appointed on account of insolvency, or if CONTRACTOR or any
subcontractor should violate any of the provisions of the Contract, CITY may serve written
notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the
Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract,
and unless within ten (10) days after serving of such notice, such violation shall cease and
satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration
of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall
immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the
surety shall have the right to take over and perform the Contract; provided, however, that, if the
surety within fifteen (15) days after the serving upon it of notice of termination does not give
CITY written notice of its intention to take over and perform the Contract, or does not commence
performance thereof within thirty (30) days from the date of the serving of such notice, CITY
may take over the work and prosecute the same to completion by contract, or by any other
method it may deem advisable, for the account and at the expense of CONTRACTOR, and
CONTRACTOR AND CONTRACTOR'S surety shall be liable to CITY for any excess cost
occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take
possession of, and utilize in completing the work, such materials, appliances, plant and other
property belonging to CONTRACTOR as may be on the site of the work and necessary therefor.
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 of CONTRACTOR, and any payment so made by
169
CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR,
and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such
payment may be made without prior judicial determination of the claim or claims. With respect
to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR
will be entitled to substitute securities as provided in Section 4590 of the California Government
Code as more fully described in CITY'S Notice to Contractors.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under
this Contract shall be in writing, and shall be dated and signed either by the party giving such
notice, or by a duly authorized representative of such party. Any such notice shall not be
effective for any purpose whatsoever unless served in the following manner: (a) if the notice is
given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing
same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF
CUPERTINO; 10300 TORRE AVENUE; CUPERTINO, CA 95014; postage prepaid and
certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to
CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the
project, or by depositing same in the United States mails enclosed in a sealed envelope,
addressed to O'GRADY PAVING, INC.; 2513 WYANDOTTE STREET; MOUNTAIN
VIEW, CA 94043-2314, postage prepaid and certified; and (c) if notice is given to
CONTRACTOR'S surety or any other person, either by personal delivery thereof to
CONTRACTOR'S surety or other person, or by depositing same in the United States mails,
enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may
be, at the address of CONTRACTOR'S surety or the address of the person last communicated by
such person to the party giving the notice, postage prepaid and certified.
15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor
moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior
written approval of CITY.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the
Specifications, any material or process is indicated or specified by patent or proprietary name, or
by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY
agrees in writing to some other material, process or article offered by CONTRACTOR which is
equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove
equality of any such material, process or article offered as a substitution to the one(s) specified.
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 makes the following certification, required by Section
1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for worker's compensation or to undertake
170
self insurance in accordance with the provisions of the Labor Code, and I will comply with such
provisions before commencing the performance ofthe work of this Contract."
18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the
protection of persons (including employees) and property. The safety provisions of applicable
laws, building codes and construction codes shall be observed. Machinery, equipment and other
hazards shall be guarded or eliminated in accordance with the safety provisions of the
Construction and Safety Orders issued by the Industrial Accident Commission of the State of
California.
19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall
not be responsible for the cost of repairing or restoring damage to the work caused by Acts of
God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a 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 by the President of the United States or by the
Governor of the State of California, or were of a magnitude at the site of the work sufficient to
have caused a proclamation of disaster or state of emergency having 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.
171
P.O. No.
21. DEFERRED AL TERN A TE 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:
CONTRACTOR:
Attest: ~1?-SC~ vL~4'cLt-
\f>-r.~ City Clerk
Date: q -l-f) , 20120-
City Clerk
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 #
Federal Tax I.D. #
Contractor's License No. CUJ \ lOq lP
Project Name & Number: 2006 STP OVERLAY PROGRAM, PROJECT NO. 2006-01
Contractor's Name & Address:
Contract Amount: $ SIB,1tf!.IO
Account Number: 270-9450-9300
File No: 98,493.79
172
CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r~.m~~~~"w~~~"w~.m~~~~.m.m~~~~~~~~~4:X~m-O.~
~ @
~ State of califOrnia} ~
~ County of ~ C) tl\V#\ ss. ~
~ ~
I ~ I
I ;
I.'.' per nally known to me~~. I~.._.",,~,~
- 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 ~]
-------------.-............-....-...-.-J ;i}
I,' J HODGES acknowledged to me that he/she/they executed ~
i'~.' 1 ~... "-,-. c......:;..., # 161..71 the same ;" h;s1her'he;r author;"d ~.'I)
': ~ f.. . Notary PublIc - California f capacity(ies), and that by his/her/their ell
~ z ~~~i, Santa Clara Cexny - signature(s) on the instrument the person(s), or r,~
~ J ~; _ ~Y.:O:":..Ex~-:.~t ~........l the entity upon behalf of which the person(s) @
~ J ::;::l acted, e,.cuted the ;"stcument ~
H W hand and om,;al seaL 1,'1
I ~
~ I
~." OPTIONAL ~,,'~
m Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ,~
~ Description of AIIa=";;:::::""""''''''';' """ to '''''"''''0''''''''- i
~
~
@
~
I
I
~
@
. I
o Individual Top of thumb here ~
o Corporate Officer - Title(s): @
o Partner - 0 Limited 0 General @
o Attorney-in-Fact ~,I
I': 0 Trustee ~
I g ~h~~ian or Conservator ~
I S;gner Is Representing, ~
~'- ''^>'''''>'''''>=>~,''-'>=,,''-'>=>=;o:''-''''''''';o:~>=;o:'^>;''''>''^;o:'''';o:'^>''^;o:''''>=>=;o:''''>,''''>=>',^>=>=>=>~'''-''''''''>=;O:''''';O:''''>=''XY-@
~~.~~~- .r~~~~~'~~~~~~''S!V~~~~~::!V~~~'::::CV~~~V<~~'~~~~:'E'V_~
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
I'
Capacity(ies) Claimed by Signer
Signer's Name:
~ ,
@ 1999 Nalional Notary Assadalian . 9350 De 5010 Ave., P.O, Box 2402' Chatsworth. CA 91313-2402' www.NalionaINalary.org
Prod. No. 5907
Reorde" Call Toll-Free 1 -800-876-6827
BOND #104760534
FAITHFUL PERFORMANCE BOND
Premium: $2,488.00
KNOW ALL MEN BY THESE PRESENT:
THA T WE, 0 I Grady Paving, Inc. as
Principal, (contractor's name)
and Travelers Casualty and Surety Company of America as
Surety, (bonding company's name)
are held and firmly bound unto the City of Cupertino, State of California, in the sum of
_Five H,::n?-re(j_E~-9'J:l~_een Th.~u~and_--'!'~~_I!~!:I..s!r.:~c! Nine!.Y._'!'l1ree & 10.lJOO~___._ lawful
money of the United States, for the payment of which will and truly to be made, we bind ourselves,
our heirs, executors, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION of the foregoing obligation is such that,
WHEREAS, the Principal has entered into a contract with the City dated
20 ~ with the obligee to do and perform the following work to-wit:
2006 STP Overlay Program, Project No. 2006-01
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 instrument has been duly executed by Principal and Surety
this 29th day of August , 20~.
(To be signed by Principal and Surety, Notary acknowledgment required)
CONTRACTOR o,~~g,
By,4E
p' . I ?- )
nnclpa
Inc.
Travelers Casualty and Surety Company of America
Surety
Street Address: 100 California Street, Suite 300
City, St~ale, Zip San F~'~ CA 94111
By:
Bryan D. Martin, Attorney-In-Fact
The above bond is accepted and approved this _day of
,20 .
182
California All Purpose
Acknovvledgment
state of California
County of San Mateo
On August 29, 2006
Date
, before me, Jean L. Neu, Notary Public
Name & Tille of Officer/Notary
personally appeared Bryan D. Martin
Names(s) of Signers(s)
personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
Wi-
~-~---~-~-~--~
JEAN l. NEU
, ,,'~ " Commission # 1626528
- " ' Z
~ . -"4& ~.'" Notary Public - California $
z. - '. -
~ ,.' San Mateo County f
~",: My Comm. expires Dee 21 , 2009
......"..~.j...............-_......------
WITNESS my hand and official seal.
/' I
---------------..........-----------OPTIONAL------------------------------------
(The information below is not required by law)
Description of Attached Document
Title/type of Document
Date of Document
No. of Pages
Other Signer(s)
h :\docs\surety\forms\notary .doc
CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r---~~~~~-~1
I S1ateofC~~ WYA }ss. ~
~ County of _ ~
~ ~
~ ~ I
~ ~
~
I
~.:~
J
I
I
~
~
~
I
@
I
I
I
I
~
I
~
Signer(s) Other Than Named Above: ~
[, I
Capacity(ies) Claimed by Signer ~
I Signer's Name: ~
I : D Indiv;duat '" ~ ,,""" ""' ~.~.~
. > 0 Corporate Officer - Title(s): ~
II ~ ~~~~~_;n~~m;red D Generat I
~ > ~ g~h~~ian or ConseNator i
Ll ; Signer Is Representing: ~
(. Q)
~. ~>'~~~"Q.x~~~~~'%.~'%.'%.'@<;.~~~'@<;.~'Q,(,.'Q?J~<;:~;,'%.~~'%.'Q,(,.~~~~~~
~ >
rsonally known to me
proved to me on the basis of satisfactory
evidence
I
I
I
I
I
I
I
I,
~
rfj ~:';,1
- NOtary PubliC - callf<)mla -
i -a Santa Clara countY
.~.' My comm. Explfes oct 1 , 2009
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.
w
re 0 0 ary ublic
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:
@1999 National Notary Association' 9350 De Solo Ave" P.O. Box 2402' Chatsworth, CA 91313.2402' www.NationaINotary.org
Prod. No. 5907
Reorder: Call Toll-Free 1-800.876-6827
BOND #104760534
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and 0 I Grady Paving, Inc.
hereinafter designated as "Principal" have entered into or are about to enter into a contract
providing for the installation, construction, and erection by Principal of
2006 STP Overlay Program, Project No. 2006-01
more particularly described in said contract; and incorporated herein by reference.
WHEREAS, said principal is required to furnish a bond in connection with said contract,
providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials,
provisions, provender or other supplies or teams used in, 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;
NOW, THEREFORE, WE, O'Grady Paving, Inc. as Principal,
(contractor's name)
and Travelers Casualty and Surety Company of America as Surety,
(bonding company's name)
firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally,
unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations
furnishing materials, provisions, provender or other supplies used in, upon, for or about the
performance of the aforesaid work contracted to be executed or performed under the contract
hereinabove mentioned, and incorporated herein by reference, and all persons, companies or
corporations lending or hiring teams, implements or machinery, for or contributing to said work to
be done, and all persons who perform work or labor upon the same, and all persons who supply
both work and materials, whose claim has not been paid by Principal or by any other person, in the
just and full sum of Five Hundred Eighteen Thousand Two Hundred Ninety Three & 10/100s---
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any
materials, provisions, provender or other supplies or teams used in, upon, for or about the
performance of the work contracted to be done, or for any work or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and
all damages arising under the original contract, then said Surety will pay the same and also will pay
in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section] ] 84.1 of the Code of Civil Procedure, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
]83
And the said Surety, for value received, hereby stipulates, and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety
this 29th day of August , 20~.
(To be signed by Principal and Surety. Notary acknowledgments required.)
CONTRACTOR
B:',G~:4 :Ib ____
Principal
Travelers Casualty and Surety Company of America
Surety
Street Address: 100 California Street, Suite 300
City, State, Zip San Francisco, CA 94111
BY~
Bryan D. Marti Attorney-In-Fact
The above bond is accepted and approved this _day of
,20 .
184
California All Purpose
Acknovvledgment
State of California
County of San Mateo
On August 29, 2006
Date
, before me, Jean L. Neu, Notary Public
Name & Title of Officer/Notary
personally appeared Bryan D. Martin
Names(s) of Signers(s)
personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
r!~
~-~~~~-~~-~-~~
~. JEAN L. NEU
. ......."... Commission # 1626528
~ ;'.61&. .0: Notary Public - COlifornla ~
J ~. San Maleo County
~.,~' My Comm. Expires Dee 21,2009
WITNESS my hand and official seal.
--------------------------------------OPTIONAL------------------------------------------
(The information below is not required by law)
Description of Attached Document
Title/type of Document
Date of Document
No. of Pages
Other Signer(s)
h: \d ocs \s U rety\form s \nota ry. doc
CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~;w.m~~~:m~:m~~:m~~~~~:m~~mm~m~:m~~~:<<x~~m..o.~
~ ~
I State of C~ ~
~ County of ~tr/r- ~J/ZI\ ~
~ I
I On -~ I
I ~
I I,),
I ~ ~ - - - ~ ~ - - - .., ~ to J to be the person(s) whose name(s) is/are ~
~ '@ s. HOOGES subscribed to the within instrument and @
~ CommluIon # 1610371 i acknowledged to me that he/she/they executed QI
I(~ i Me Notary PublIc - CaIlfomIa ~ the same in his/her/their authorized .,~~';
, J '~p' Santa Clara COU"'Ity ,( !is
" J 2'~: ~y:o:m.:..Ex~r~~t 1..:..2~1 capacity(ies), and that by his/her/their ~
II'," shignatu~e(s) on thbe hinslftrufmenh~ thhe hPerson(s),(o)r ~~,',))
~; t e entity upon e a 0 w IC t e person s .
~ acted, executed the instrument. ~
I ~
I I
I OPTIONAL ~
I Though the information belo~::u~~;~i~:~~:~ ~nd ~;::~:;~t V::~;i~/~o:;t~':~~~::7~:~~~~~ document and could prevent ~
~ Description of Attached Document ~
I TItle", T ,pe of Doc"ment I
I Document Date: Number of Pages: @
~
I
,~
Signer's Name: ~
o Individual Top ~f thumb here ~
g ~~:~~te gff~~ited T~eg~~eral ~
~
~ g ~~~~~-in-Fact ~
~ 0 Guardian or Conservator @
~ 0 Other: ~
~ Signer Is Representing; i
~.;,c,/""",~""^x"":X'.x"",>"",,,,,,,>=>,,,,",>:,,,>;,,,x,,, >"6>:""""""""'''6''''''6>''6>;'''''''6'''''"' ,:;;o('",>",,",x"">:"''''''>''6>''6F:'''''~/''6''''''''''''>=X:'C0@
l.'?Y"-~~~~~_ ....~~~~-~-~~~~~~~~~~~~~-v~~~~'~'r~,"'="V-~.':::':V~::!"V~~_~
>:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
I.
(
@ 1999 National Notary Association' 9350 De Solo Ave., P.O. Box 2402 . Chatsworth. CA 91 31 3-2402' www.NalionaINotary.org
Prod. No. 5907
Reorder: Call Toll-Free 1 -800-876-6827
POWER OF ATTORNEY
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
-~STPAUL
. TRAVELERS
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney-In Fact No.
2]728]
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 0 0 0 9 2 6 7 8 4
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surely Company is a corporation duly organized under the laws of the State of New YOTk, Ihat St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the Slale of Minnesota, that Farmington Casually Company, Travelers Casualty and Surely Company, and Travelers Casually and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United Stales Fidelily and Guaranty Company is a corporalion duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporalion duly organized undeT the laws of the Slale of Iowa, and that Fidelity and
Guaranly InsuTance Underwriters, Inc. is a corporation duly oTganized under Ihe laws of the State of Wisconsin (herein collectively called the "Companies"), and thaI
the Companies do hereby make, constilUte and appoint
Bryan D. Martin, Erin Bautista, Jody A. Johnson. Jean L. Neu, and B. A. Poitevin
of the Cily of Redwood City , Slate of California , their true and lawful Attomey(s)-in-Facl,
each in their separate capacily if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fide lily of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any~ons or pl'Qceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this inst~llttObe si$ned and .~It!corporate seals to be herelo affixed, this
d f June 2006 . .
ay 0
19th
Farmington Casualty Corppany
Fidelity and Guaranty JhSu~a.~; Compan!
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
o
~
e
Slale of Connecticut
City of Hartford ss.
S1. Paul Guardian Insurance Company
S1. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
By:
19th June 2006 .
On Ihis Ihe day of , before me personally appeared George W. Thompson, who acknowledged hImself
10 be Ihe Senior Vice PTesident of Farmington Casually Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranly Insurance Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casually and Surety Company, Travelers Casually and Surety Company of America, and United Slates Fidelity and Guaranty Company, and thaI he, as such, being
authorized so to do, executed the fOTegoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly aulhorized officer.
In Witness Whereof, I hereunlo sel my hand and official seal.
My Commission expires the 30th day of June, 20 II.
58440-6-06 Printed in U.S.A.
'f(\w c. j~
'- Marie C. Tetreault, Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
AC,OnDTM CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MMIDDIYYYYI
08/29/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA TION
Construction Unit (F) 650-839-6964 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ABD Insurance & Financial Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
305 Walnut Street
Redwood City, CA 94063 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Virginia Surety Company, Inc 19445
O'Grady Paving, Inc. INSURER B National Union Fire Insurance/PA
2513 Wyandotte Street INSURER C
Mountain View, CA 94043 INSURER 0
INSURER E:
Client#. 1590
OGRADPAVI
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.
LTR NSRi TYPE OF INSURANCE POLICY NUMBER PJ}+~';ri~~~8~~\E Pg~fl/~~~t~\gN LIMITS
A ~NERAL LIABILITY 1CG50149802 07/01/06 07/01/07 EACH OCCURRENCE $1 000 000
X COMMERCIAL GENERAL LIABILITY ~~~~~1~9E~Eo~~~r~ence \ $100000
I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $5.000
~ PERSONAL & ADV INJURY $1.000 000
I--- GENERAL AGGREGATE $2.000.000
n'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2.000.000
!Xl PRO- n
POLICY JECT LOC
A ~TOMOBILE LIABILITY 1CA50149902 07/01/06 07/01/07 COMBINED SINGLE LIMIT
~ ANY AUTO (Ea aCCident) $1,000,000
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODilY INJURY
$
~ NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
~AGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
B ~ESS/UMBRELLA LIABILITY BE6564003 07/01/06 07/01/07 EACH OCCURRENCE $5 000 000
X OCCUR D CLAIMS MADE AGGREGATE $5.000 000
$
R DEDUCTIBLE $
RETENTION $ $
A WORKERS COMPENSATION AND 1CW50149702 07/01106 07/01107 X I T'{'{~N'~W~ I IOJ~-
EMPLOYERS' LIABILITY E.L EACH ACCIDENT $1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $1,000,000
If yes, describe under EL OISEASE - POLICY LIMIT $1,000,000
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Re: 2006 STP Overlay Program Project #2006-01.
City of Cupertino is named as additional insured as respects general
liability per endorsement attached.
CERTIFICA TE HOLDER
CANCELLATION
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENJO~IL ---3D- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUlftItXIlOUOtIlllXDllb0&Xxx
X96IOJlD~XJStQl8txxx
ACORD 25 (2001/08) 1 of 2
#S885410/M855492
@ ACORD CORPORATION 1988
OGRADPAVI
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 certificate 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.
ACORD 25-5 (2001/08) 2 of 2
#5885410/M855492
POLICY NUMBER: 1CG50149802
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
Re: 2006 STP Overlay Program Project #2006-01. City of Cupertino is
named as additional insured as respects general liability per
endorsement attached.
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
CG 20 10 11 85
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement forms a part of Policy No. 1 CW5 0 149702
Issued to: 0' Grady Paving, Inc.
By: Virginia Surety Company, Inc
Premium (if any) TBD
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us).
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise
due on such remuneration.
Schedule
Person or Organization
Job Description
Re: 2006 STP Overlay Program Project
#2006-01. City of Cupertino is named as
additional insured as respects general
liability per endorsement attached.
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
WC 04 03 06
(Ed. 4-84)
Countersigned by
Authorized Representative