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03-030 Annual overlay project No. 2002-04 Top Grade Constr. City Hall 10300 Torre Avenue CITI(OF Cupertino, CA 95014-3255 CUPEi~TINO (4~R)777-'i"i54 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, cio hereby certify that the municipal improvements in conjunction with the following project: 2002 ANNUAL OVERLAY PROGRAM PROJECT hf0.2002-04 have been completed in accordance with the approved improvement plans and acceptance of completion was ordered by the City Council on August 4, 2003. -a~a.ce~-«~ Director of Public Works and City Engineer of the City of Cupertino Date: August 5, 2003 Printed on Frecycled Paper CONTRACT FOR. PUBLIC WORKS This CONTRACT made on February 25, 2003 by the CITY OF CUPERTINO, a municipal corporation of the ~~tate of California, hereinafter called CITY, and Top Grade Construction, Inc. hereinafter called. CONTRACTOR. W~ IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: ~ Sj ,~ ~, v THE CONTRACT DOCUMENTS. Thy: complete contract consists of the following '~ ~-' ,tract documents: ~~o~ w 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 2002 ANNIIAL OVERLAY PROGRAM, PROJECT ND. 2002-04 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 WorkE;r's Compensation Insurance and Notice of Policy Cancellation Endorsement. f. This Contract for Public Works. All of the above documents are intended to co~~perate 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 ~iecessary 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 ;end Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, 2002 ANNUAL OVERLAY PROGRAM, PROJECT NO. 2002-04 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, taut 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. _ 3. CONTRACT PRICE. CITY agrees to pry, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of $ 397,444.15 (Three Hundred Ninty Seven Thousand and Four Hundred and FoU~rty Four Dollars and Fifteen Cents) subject to additions and/or deductions as provided in th.e Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMEI\fT FOR WORK. Should any dispute arise respecting the true value of the work done, ~~r 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 thi<.~ Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicalr~le, 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 "i" of the General Provisions. 5. PERMITS, COMPLIANCE WITH LAV4'. 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 prese:rvation 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 ANID 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 D~~cuments, 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 determi~red either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in ~iccordance 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, sand 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 chan;;es either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties. 9. TERMINATION, AMENDMENT OR AZODIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation 2 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 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 provi;dons 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 reason:: 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. Iri 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 penPorm 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 th.e 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 WITHIIOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final corr~pletion 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 fiarnished in and about the work. 3 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 oi' 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 ensun~ 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 crated 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 the;reof 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 CONTpACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S drily authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to, ,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 b}~ 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 t~~ 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 SPECIFICA'T'IONS OF MATERIALS. Whenever in the Specifications, any material or process is indiatted or specified by patent or proprietary name, or by name of manufacturer, such Specification; 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 s11a11 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 tree provisions of Section 3700 of the Labor Code 4 which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 18. ACCIDENT PREVENTION. 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 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 foll~~wing 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 ley 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 stage 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 ~~bout 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 materi;~ls, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or s~.-pplier 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. 5 P.O. No. 21. DEFERRED ALTERNATE 5ELECTII)N. The City reserves the right for the term of the Contract, the deferred selection of none, amp 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: . ~l~-~ ~ert,Ralph A. Qualls, Jr. Director of Public works Attest: City Cl Date: // ~Q~C.~ ~~ , 20 0 3 City Clerk APPROVED AS TO CONTRACTOR: ~~~T~q< TOP GRADE NSTRUCTION, INC. '~l~ Robert L Fisher, Robert L Fisher Exec Vi r By: 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. 94-3108932 Social Security # Federal Tax I.D. # Contractor's License No. 592597 A Project Name & Number: 2002 ANNUAL OVERLAY PROGRAM, PROJECT N0.2002-04 Contractor's Name & Address: Contract Amount: $ 397,444.15 Account Number: 270-9450-9300 File No: 98,493.73 Top Grade Construction, Inc. 50 Contractors Street Livermore, CA 94551-4863 6 CALIFORNIA ALL-PURPO~-E ACKNOWLEDGMENT State of California County of Alameda ss On March 10, 2003, before me, KRISTIN AUTUMN YOUNG, Notary Public, personally appeared Robert L. Fisher, 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. WITNESS my hand and official seal. ~_ ta~tstlN AutunnN yot~ "" Commiuion #~ 1395747 .,,~ Notary PubNc • CoN(omio Z • ~•~ ... Alameda County MtY Comm. Expires Jon 24, 2007 Notary Seal u - ,~ Kristin Autumn Young, Notary Pub c -California DESCRIPTION OF ATTACHED DOCUMENrC: Type of Document: Document Date: Number of Pages: Description: Signer's Name/Capacity: Signer is Representing: Contract February 25, 2003 6 City of Cupen~ino 2002 Annual Overlay Program Project No. 2002-04 Robert L. Fisher, Executive Vice President Top Grade Construction, Inc. INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MU5T BE ORIGINALS -SUBMIT IN TRIPLICATE 1. Insurance Agreement -Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation -must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project -must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the insurance agent for worker's compensation only. Insurance )Instructions 1 Ct~- CITY OF CUPEI~TINO INSURANCE AGREEMENT ~. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires ;very employer to be insured against liability for worker's compensation or undertake self- nsurance in accordance with the provisions of that Code, and will comply with such provisions Before commencing the performance of the work ~~f this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all I~perations hereunder, commercial general liability insurance, automobile liability insurance and bu:ilder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contral~tual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, sh;~ll name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial. rating of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A, Class VII or better. LIMITS Worker's Compensation In accordance with the Worker's Compensation & Employers' Liability Act of the State of California -Worker's comp - "statutory" per CA Law; Employers' Liability - $1,1)00,000 per occurrence. Insurance Agreement Page I of 2 General Liability -commercial general liability; Combined single limit of $1.0 million per including provisions for contractual liability, occurrence; $2.0 million in the aggregate. personal injury, independent contractors and products -completed operations hazard. Automobile Liability -comprehensive covering Combined single limit of $1.0 million per owned, non-owned and hired automobiles. occurrence. Consultants only: Errors and Omissions liability. $1.0 million per occurrence. Top Grade Construction, Inc. Robert L. Fisher, Executive VP By:_ (Contractor's Name) Dated: February 25, 2003 20_ Insurance Agreement Page 2 of 2 TCIp(;'R ATIF.C"'(1 AC~RDTM CERTIFICATE QF INSUR ANCE o2i25%o3 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ____ Allied North America ~ x~r ~ AND CONFERS NO RIGHTS UPON THE CERTIFICATE ~ ~~.~ . . •~ ER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 39300 C1v1C Center Dr. Ste ALT R THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fremont , CA 94 5 3 8 ! FEB 2 6 200 i COMPANIES AFFORDING COVERAGE -- License No. OC38887 ~ r - COMPA Y Phone: (510) 578-2000 r' A ombined S ecialt Insurance Com an --- - p - ~' - - - -P-- - y INSURED Top Grade Construction, Inc. COMPANY BIns Co of the State of Pennsylvania 50 Contractors Street -- Livermore, CA 94551-4863 COMPANY C. COMPANY D 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, PAID CLAIMS. _ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY ~ N CO j TYpE OF INSURANCE LTR I POLICY NUMBER POLICY EFFECTIVE I POLICY EXPIRATIO DATE (MM~UD/YY) DATE (MM/DD/YY) ~ LIMITS A GEN ERAL LIABILITY 1 C P 5 0 0 7 010 0 1:Z / 31 / 0 2 12 / 31 / 0 3 GENERAL AGGREGATE _ $2 , 0 0 0, 0 0 0_ X I ~ OMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $2 , 0 0 0 , _0 0 0 r C J CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $1 , 0 0 0 , 0 0 0 _ III OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1 O OO O~_O 0 0 X er Prod ect P _ FIRE DAMAGE (Any one fire) $1 0 0~ 0 0 0 _ _ re ate MED EXP (Any one person) $5 0 0 0 A , AUT OMOBILE LIABILITY 1 C P 5 0 0 7 010 0 12 / 31 / 0 2 12 / 31 / 0 3 COMBINED SINGLE LIMIT $1 Q Q Q 0 0 0 X~ ANY AUTO ~ - ~ ~ __---- -- -- ~ ALL OWNED AUTOS ~ BODILY INJURY $ I ~ SCHEDULED AUTOS (Per person) I X r X HIRED AUTOS NON-0WNED AUTOS BODILY INJURY (Per accident) $ - --- ~ PROPERTY DAMAGE $ GARAGE LIABILITY ' I AUTO ONLY-EA ACCIDENT $ _ _ ANY AUTO OTHER THAN AUTO ONLY_ ~_ EACH ACCIDENT $ - _ AGGREGATE $ B EXCESS LIABILITY 4 7 0 2 4 0 9 0 12 / 31 / 0 2 12 / 31 / 0 3 EACH OCCURRENCE __ $5 , 0 0 0 ~_ 0 0 0 X~ UMBRELLA FORM X _ AGGREGATE __ _ $5 0 0 i ~ 0 0 ~ OTHER THAN UMBRELLA FORM _ - - ~ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 1 CW 5 0 0 7 9 6 0 0 1 0 2/ 2 0/ 0 3 12 / 31 / 0 3 A__ O Y LIMITS _ ~ ~~ i ST 0 0 0 0 0 0 1 i $ , , EACH ACCIDENT _ THE PROPRIETOR/ X INCL DISEASE-POLICY LIMIT_ $1 , 0 0 0, 0 0 0 PARTNERS/EXECUTIVE - 0 0 0 0 0 0 EACH EM PLOYEE ~ $1 DISEASE OFFICERSARE: EXCL , , - OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: Job#:2002-04, 2002 Annual Overlay Program City of Cupertino, its directors, officE~rs, agents and employees are (See Attached Schedule.) CERTIFICATE HOLDER CANCELLATION Teri Day. Notice fOY Non-Paymen SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Clty Of Cupertino EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 1 0 3 0 0 Torre Avenue 3~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Cupertino, CA 95014-3202 ~[ ~~~~~~X ~x~[ ~ea~+x~nc~xxo~o~~oi~~aa~l;jcx AUTHORIZED REP ESENTATIVE ACORD25-S (3/93)1 of 2 5203711 M202439 ©ACORD CORPORATION 1993 GCF POLICY NUMBER: 1CP50070100 COMMERCIAL GENERAL LIABILITY CG 20 10 03 97 THIS ENDORSEMENT CHANGES THE F~OLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ~• OWNERS, LESSEES OR CONTRACTORS - SCF~EDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Cupertino (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 ;~s an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your onging operations performed for that insured. RE: Job#:2002-04, 2002 Annual Overla~T Program City of Cupertino, its directors, officers, agents and employees are added as additional insureds per the attached endorsement. Waiver of Subrogation applies in reg~ird to Workers' Compensation. IT IS AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED (S) IS EXCESS AND NOT CONTRIBUTORY WITH THIS INSURANCE THE ADDITIONAL INSURED (S) WILL BE GIi~EN THIRTY [30] DAYS WRITTEN NOTICE BEFORE ANY CANCELLATION, NON-F:ENEWAL OR REDUCTION OF COVERAGE EXCEPT FOR NON-PAYMENT OF PREMIUM TED]• [10] DAYS NOTICE WILL BE GIVEN. CG 20 10 03 97 A~TOMOTIVI~TCLE LTABTT.TTY 13ODIL'Y IN'J~l'RY' PROPERTY DAMAGE Commercial Porm F'saeh Person Each Accident Liability Coverage $ $ Each Accident Ctimhi nPrl $p~a al ty TnenranrP Company (nam;e of insurer) $. or Combined Single Limit $`1,x,000 Policy No. 1CP50070100 Expiration ]date 12/31/03 _ A copy of all Endorsements to the policy(ies) which in any way ( gent's initial) linut the above-listed types of coverage are attached to this Certificate of Insurance. 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 arxy contract or any 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 texixts, exclusions and conditions of such policies. IT IS HEREBX' CERTIl~iED tYzat the above poJiicy(ies) provide liability insurance as requited by the Agreement between'the City and the insured. . 13y: Jim W. Untiedt Dated: February 25, 2p 03 Attach Certificate of Insurance and Additional insured Endorsement on company forans. Certificate of Insurance ~,greemex~t gage 2 of 2 ~:~c~. cErr of CUP~i~TiNO CONII'RE~ENSIVE OENERAT" LTABII,ITY COMMERCIAL GiENERAL LIA,PILYTY ENbORSEMENT OF ~A.GGREGATE LIlVIITS OF IN5UR.ANCE PER PROJECT Project Title and Number: 2002 Annual Oti~erlay Program In consideration of the' policy premium and notwithstanding any inconsistent statement in the policy to 'uvhich this Endorsezzxent is attached or any other Endorsement attached thereto, iC is as follows: This Endorsement modifies tk~e insurance provided under the General Liability Coverage part the below-referenced policy of insuranee, The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described aS 2002 Annual Overlay Program ~ POLIC'Y INF01tMATION 1. Insurance Company:. Comhi nF+rl Cn r; al tv TnG Iran P Comn~gy 2. Insurance Foiicy Number: 1CP50070100 3. Effective Date of this Endorsement: December 31 20 02 ~-. Irtsured:__ Tou Grade Construction, Inc. 5. Additional Insured: City of Cupertino, its dire;etors, officers, agents and employees. All notices hezein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered tc the City at 10300 Torre Avenue; Cupertino, California 95074. I, _ Jim W._ Untiedt (print/type Name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative; . (Original signature required on all Endorse is fu to the District) names of Agent/Agency: Allied North America ~ Title: Pre ; d n Address: 393 ; ~; ~ Pn Pr nr; vP ~ ~tP ~4~._ Telephone: 51(1-~7R-9rxx1 Fremont , CA 94538 Facsimile: .510_578-2101 ADeregate Limits :Endorsement Page 1 of 1 ~~~.:r ~I7Y QF CUPEi~T1N0 AI3DITIONA,L INSURED ENDORSEMENT au~d ENDORSEMENT OF :PRIMARY INSURAN'C~ fmd NOTICE ~~F POLICY CANCELLATION ENDORSEMENT Project Title and Number: 2002 Annual Overlay Program In consideration of the policy premium and notwithstanding at'xy inconsistent statement in the policy to which this Endorsement is attached or any ether ~ndorsemeni attached thereto, it is agreed as follows: '~, The City of Cupertino ("City") and its directors, officers,' engineers, agents 2nd employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, '~, agents and employees aze hereby declared to be additional insureds under t8e terms of this policy, but only with respect to the operations of the Contractor at ox upon any of the premises .of the City' in connection with the Contract with the City, or acts oz' omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. 'The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(,) shall be called upon to cover a loss under said'., 'additional policy. ~ ~~ Cancellation Notice. 'z'he insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified xr-ail, return receipt neciuested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as ind3icated below. POLICY INFORMATION 1. Insurance.Company: Combined Specialty Insurance Company Z. Insurance Policy Number: 1CP50070100 3. ]/ffective Date o£ this Endorsement: nP~~mber 31. 2002 4. Insured: Top Grade Construction, Inc. Additional Insured and primary Insurance and Kotice of CanecIlation Endorsement page 1 of 2 All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Tozxe Avenue; Cupertino, California 95014. I, Jim W. Untiedt (print/type name) warrant that I have autho~ry to bind the below listed Insurance Company and by my signature hereon do so bind this Company, _ Signature of Authorized I~epresentadve: (Original signature z'equired on, all Endorse Names of Agent/AgeriCy: Allied North America Address: 39300 Civic Center Drive Ste..:390 to the District) '!E'itle: Pr G; d n Telephone: 510-57$-2000 Fremont, CA 94538 Facsimile: Sin_57s-2tp1 Additiona3 Insured snd Primary Insurance and ~rotiee of Cancellation Endorsement Page 2 of 2 9: C1iY OF CUP~I~TINO WAIVER O~ SLJBROGA,TION ENDORSEMENT 'VVOIZKER'S COMPEN'SA'1'YON INSURANCE Pzoject Title and Number: ~Qn Anneal O~yerlay Program In considezation of the policy premium and notwithstanding any inconsistent statement in the policy to which this. Endorsement is attached or ~~ny other Endorsernez~t attached thezeto, it is agreed as follows: It is agrreed that with respect to such insw•anee as is afforded by dae policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrorri, sustained by aizy employee of the insured, arising out of the .performance of the above-referenced Contract. POLICY INPORMAT~ON 1. Insurance Company: Combined Specialty Insurance Company 2. Insurance Policy Number: 1CW50079600 3. Effective Date of this Endorsement: February 20. 20 03 4. Insured: Top Grade Construction, Inc. All notices herein provided to lie given by the Insurance Company to the City in connection i with, this policy and this Endorsement, shall be mailed to ox delivered to the City at 10300 Torre ,Avenue; Cupertino, California 95014. I, Jim W. Dntiedt (printltype name) warrant that I have authority to bind the belov~~ listed Insurance Cozxtpaxiy and by nzy signature hereozi do so bind this Company. _ n Signature of Authorized 12epresentative; (Original signature required on all Endox :nts f i ed to the District) Names of Agent/Agency: Allied North America Title: President Address: '~g300 C; y; ~ ('Purer Drive Ste. 39~D Telephone~l0-578-2000 Fremont . CA 94538 Facsimile: 510-578-2101 Subrogation Lnd~arsement Page 1 of 1 TOTAL P.1~ ~~'~~ ~ BID PRC)POSAL 2002 ANNUAL OVERLAY PF:OGRAM, PROJECT 2002-04 TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA Dear Sir: a, In compliance with the plans and- specification, furnished for the work of the 2002 ANNUAL OVERLAY PROGRAM, PRO.IECT 2002-04, in the City of Cupertino, I, the undersigned, hereby declare that I have read the proposal requirements, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to complete the work in accordance with the Plans and Specifications for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes and transportation costs. I, the undersigned, also understand that the estimated quantities shown below are estimates only, being given as a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to the lowest responsible bidder except as otherwise provided in chapter 3.23 of the City Municipal Code. Which allows for rejection of any and all bids, or to waive any irregularities in the procedures. The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to complete the 2002 ANNUAL OVERLAY PROGRAM, PROJECT 2002-04 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to completion as scheduled. I further understand that I shall pay to the City of C~zpertino the sum of One Hundred Fifty Dollars ($150.00) per day, for each and every day ;services are not completed as scheduled and/or specified. Liquidated damages for lane closures and for traffic striping are in accordance with Special Provision sections. These amount of liquidated damages shall be deducted by the City from monies due from the Contractor hereunder, or the Contractor's assigned, successors, and sureties shall be liable to the City for any excess. Completion of entire project sixty (60) working days from Notice to Proceed. BID PROPOSAL PAGE 1 OF 8 CITY OF CIJPERTINO 2002 ANNUAL OVERLAY PROGRAM ESTIMATED QUANTITIES The low bidder will be determined on the basis of tl-ie sum of the Base Bid Schedule or the sum of the Base Bid Schedule plus any Alternate Bid Items, if sE;lected, at the discretion of the City at the time of the The bid unit prices for this pr~~ject shall be outlined below. ITEM N0. ITEM DESCRIPTION APPROX QTY. UNIT UNIT PRICE IN FIGURES A ITEM PRICE IN FIGURES 1 Traffic Control 1 Is ~ ~ ~J ~ ~ 1 ~ 0~ 2 Asphalt Concrete, 3/8" maximum 1,873 to , ~/ n ~ ~ / . V 2 3 Asphalt Concrete, 1/2" maximum, Ty e A 3,325 to , / ~ . ~,/ ~ ~ 4 Pavement Reinforcin Fabric 35;456 sy // pp . OJ ~ 5 Cold Plane and Remove 0.08' As halt Concrete 30,437 s • p~CJ 6 Cold Plane and Remove 0.13' Asphalt Concrete 2,194 sy ~ • 6~ 7 Surface Preparation 1,567 sy , ~~ 8 Digout - 2" 160 sf 9 Di out - 3" 1,757 sf ~ . 2 fo 10 Ke cut T e Al 1,469 If ~ Z Z Q 11 Ke cut T pe A2 13,749 If y 12 Keycut Ty a 61 174 If , tJ Y'Y 2 13 Ke cut T e 62 1,484 If . ~~ Q 14 Remove Tree Roots Under Repairs 24 sf ~ . ~'0 ~ ~. 15 Lower Manhole Covers Prior to Cold Planing 32 ea n .,,/ v 76 O .~ 16 Adjust Manhole Covers to Finish Grade 33 ea . Q z 17 Lower Water Valve Covers Prior to Cold Planin 33 ea ~~ . 18 Adjust Water Valve Covers to Finish Grade 37 ea .- 19 Lower Survey Monument Covers Prior to Cold Planing 7 ea l Z• 20 Adjust Surve Monument Covers to Finish Grade 7 ea • ~Y 9 21 Blue Reflective Pavement Markers C~ H Brant 5 ea /~ Z ~. ~''/ / / ~ ~• Q - ~ 22 12" White Limit Line/Crosswalk (Thermo 547 If 2 . ~ ,,rr / L .., n lrt/ • `1 .4~ 23 "Continental" Crosswalk (Thermo) 320 sf • 2~ 7~ 24 STOP Legend (Thermo) 22 ea n ZS /• p ~y c. TOTAL BID: ,~3 / 7 ~7 ~J 'NOTE: Incase of ercor in extension of price into the total pri~;e column, the unit price will govern. UNIT PRICE LIST BID PROPOSAL 'BID PROP.OSAi~P~.GE 2 OF 8 I, the undersigned, agree that if this proposal is acc~:pted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned, declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one ;job over another and each starting date where conflict of construction schedules occur. amount Attached hereto is the required certified check or bid bond in the amount of ~ 10% of bid , as required by law and the Notice to Bidders. (10% of bid amount) BID PROPOf~AL PAGE 3 OF 8 Property &t.}atxlity Insurance BID E!OND Approved by The American Institute of Architects, ST. PAllL FIRE AND MARIN)~ INSllRANCE COMPANY Sc. Paul, t~•iinneso~a A Capital Stock Compan~• A. I. A. Document A :.10 Feb. 1970 Edition I„VO bU .4LL it1E:V B Y THESE PRESENTS , that we Top Grade Construction, Inc . as Principal, hereinafter called the Principal, and, the ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Iv4innesota as Surety, hereinafter called the Surety, are held and firmly bound unto City of Cupertino as Obligee, hereinafter called the Obligee, ***Ten Percent of Bid Am~~unt ******** in the sum of - __ I)ecemb X510% of Bid*~~ for-the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2002 Annual Overlay Program Project No.: 2002-04 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give Stich bond or bonds as may be specified in the bidding or contract documents wit}t good and sufficient :surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in thi: prosecution thereof, or in the event of the failure of the Principal .to enter sticll contract and give Stich bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified iii said bid and such larger amotiitt for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be mill and void, otherwise to remain in full force and effect. Signed and sealed this 2 0th day of %tiVitnessj (tiVitness) 1:f~.C Rev. 5-79 Printed in U.S.A. Dollars 2002 - , (Title) F.obert L. Fisher, Executive Vice President St. Paul Fire and Marine Insurance Company ($cal' -•. (Surd •~ - ,~' B)r ,~ (A ne - n-fact) Tracey Dattilo- Pnnted wit;t permission vi- iite : iiitericrn !itstittcte of . trchimc•ts ALL-PURPOSE ACKNOWLEDGEMENT State of Calif a - ss. County of - ~ On ~ G~ dtJ ~ V d ~ before personally appeared ~~ (/~.lX/I .~ personally known to me - OR - BRANDY MONTAGNA Comm. p' 1300521 rn N ;~~' N01ARY PUBLIC-CALIFORNIA N i Sen Benito County My Comm. Expires April 12, 2+ 0^6~ .......... ^ 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 signatures(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. ^^ ~ f~ L N ARY'S SIGNATURE OPTIONAL IrJFORMATION The information below is not required by law. However.. it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ^ INDIVIDUAL ^ CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) ^ PARTNER(S) ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT OTHER d d t RIGHT THUMBPRINT a OF E r SIGNER o a TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES APA 5/99 VALLEY-SIERRA, 800-362-3369 ~he~PdU~ POWER OF ~-TTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 23564 Certificate N°. 15 3 8 4 81 KNOW ALL MEN BY THESE PRESENTS: That Seaboazd Surety Company i!; a corporation duly organized under the laws of the State of New York, and that 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 State of Minnesota, and that United States Fidelity and Guaranty Cotnpany is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under :he laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectivel~~ called the "Compaties'), and that the Companies do hereby make, constitute and appoint Donald Winn, Amelia M. Silva, Tracey Dattilo, Cynthia A. Byers, and Brandy Montagna Hollister California ,their true and lawful Attorney(s)-in-Fact, of the City of ,State each in their sepazate capacity if more than one is named above, to sign its name s s surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Cotpanies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings re~luired or permitted in any actions or proceedings allowed by law. 10`h October 2002 IN WITNESS WHEREOF, the Companies have caused this instrutnent to be sign:d and sealed this day of . Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company $IIPfIy Jy PM[ < ' o,M •iNSV9 P.. ~M4U ra t~Y~ eCOMFOA~I`fs f:`~p,ONAT~ P~ ~ ~ NrAAP01tITEp * ~e ' ' m ,r ~ 1Z~°. _ ~ ~ PETER W CARMAN, Vice President " 1927 g ~;SEAL,:o'f `.:sBILL.es ~ tass~ (,~19 ~ 1951 / Orrky+•la' vFnNCC is,~..~:y ~ A1M ~ * / /~"~~ State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this 10~ day of October 2002 _ ,before me, the undersigned officer, personally appeared Peter W Carman and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President a rd Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guazauty Cotnpany, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. '~ ti (J In Witness Whereof, l hereunto set my hand and official seal. ~ ~BARY uC REBECCA EASLEY-ONOKALA, Notary Public My Commission expires the 1st day of July, 2006. tiOHe c~tr ~~ 86203 Rev. 7-2002 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California n~ ss. County of ~~Y~?~.~K~.(T , personally appeared On before me, .~~,y~ ~ ~/7~S~t~c9~i/r~ , Name antl TRIe of Oflicer e.g., "Jane Do ,Notary Public") JESSICA JOHNSTUN '""' •` Commission # 1376818 ~ -i, Notary Public -California D Alameda County Nh' Comm. E~ires Sep 27, 2006 Name(s) of Signer(s) [personally known to me ^ proved to me on the basis of satisfactory evidence to be the person(. whose name(s~. is/are subscribed to the within instrument and acknowledged to me that helsF~e/i~iey executed the same in his/#~/#+~err authorized capacity(~es), and that by hisN~erltheiT signature(s) on the instrument the person(s), or the entity upon behalf of which the person{s}. acted, executed the instrument. W TNESS my hand and official seal. ~ 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:~;r~ 1~n`C1 Document Date~~~p c~~ ~%~~ Number of Pages: ~_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ~;,~~.~3-- L . ~~ r~.~~? ^ Individual Top of thumb here Corporate Officer -Title(s): cd p~'+ lc~- ~ ~%r` ~~'<, ~1L ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ® 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-:'402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-676-6827 NONCOLLUSION AFFIDA`jIT TO BE EXECUTED BY BIDDER AND SUB1~iITTED WITH BID I, the undersigned, being first duly sworn, depose and say that I am Executive Vice President of Top Grade Construction, Inc. (Business Title) (Business Name) the party making the foregoing bid, that the bid i;; not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder leas not directly or indirectly induced or solicited any other bidder to put in a false or sham bi 3, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conff;rence with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhe~id, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed c~~ntract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, pai7:nership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. BID PROP03AL PAGE 4 OF 8 BIDDER QUALIFICATION FORM In further compliance with the specifications fur;ushed, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for 14 years. Our experience in work comparable with that required by the proposal contract is 14 years operating under the following different nalne(s). Top Grade Construction. Inc. My California Contractor's License Number is _ 592597 A The classification of my Contractor's License is, A The expiration date for my Contractor's License is 4/30/2004 (This Section for City use only) i The above inf rmation has been verified by P2~U on / `-~' ~ * Contractors State License Board (800) 32,1-2752 or (408) 277-1244. Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. BID PROPOSAL PAGE 5 OF 8 TOP GRADE CONSTRUCTION, INC-HISTORY OF WORK COMPLETED IN PAST 3 YEARS (CUPERTINO, CA) YEAR LOCATION TYPE OF WORK FOR WHOM PERFORMED CONTACT PHONE NO. AMOUNT 2002 FREMONT, CA QUARRY LAKES PH.1 DEVELOPMENT-REGIONAL RECREATIONAL PARK SITE DEVELOP. EAST BAY REGIONAL PARKS DIST. 510/635-0135 $5,616,805.00 2002 RICHMOND, CA EQUALIZATION BASIN IMPROVEMENTS-WASTE WATER PLANT REHAB. WEST COUNTY WASTEWATER DIST. 510/222-6700 $2,636,436.00 2002 PALO ALTO, CA STANFORD 2000 PROJECTS-INFRASTRUCTURE IMPROVEMENTS STANFORD UNIV. 650/725-9223 $19,385,801.00 2002 HAYWARD, CA HAYWARD STREET OVERLAY CITY OF HAYWARD 510/583-4730 $1,042,927.00 2002 SAN MATED BAY MEADOWS SITEWORK PAINE-WEBBER REALTY 650-572-6211 $8,958,701.00 2002 MILPITAS 2001 STREET RESURFACE / UPPR CITY OF MILPITAS 408-586-2881 $1,059,819.89 2002 MARTINEZ 2001 RAC OVERLAY CONTRA COSTA CO 925-313-2321 $2,599,091.00 2002 LIVERMORE, CA CONCANNON BLVD.-STREET WIDENING CITY OF LIVERMORE 925-373-5240 $783,040.00 2001 MARTINEZ, CA CONTRA COSTA COUNTY-STREET REHABILITATION/RECONSTRUCTION CONTRA COSTA CO. 925/313-2321 $3,100,149.00 2001 SAN MATED 2000/2001 STREET RESURFACE, PHASE I CITY OF SAN MATED 650-522-7309 $744,806.00 2001 LIVERMORE 2000 RESURFACING PROJECT CITY OF LIVERMORE 925-373-5236 $486,816.74 2001 UNION CITY DECOTO ROAD PAVEMENT REHABILITATION CITY OF UNION CITY 510-471-3232 $1,489,787.20 2001 STANFORD STANFORD PROJECTS STANFORD LAND MGT 650-725-9223 $20,000,000.00 2001 BRISBANE OPUS WEST-SHARED USE OPUS WEST CONST 925-730-3245 $678,500.00 2000 MILPITAS MCARTHY BLVD. EXT. LID 20 DEVCON CONTT 408-942-8200 $2,603,375.00 ~nnn RRIgRANF ~ ynaruEecT ralnrE • ~ .,~.,..~,~ onvvr~riELv-vAVivSvlV 1 9G5-463-LbUU I I cy UW QUQ 00 SUBCONTRAC;TOR'S FORM The subcontractor(s), as defined in the General )Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of one-half of one perce~it (0.5%) of the total bid are listed below. Only those listed below shall perform work on this pr~~ject and each of them has been provided with a full and complete set of plans and specifications for this project by the bidder. 1. Name ~ ~ -Contractor's License No. Address & phone no. ~ ~r'~~~ ~/ -r~ Work to be Performed 2. Name ~~ L /' ~~~ _ Contractor's License No. Address & phone no. ~~~ ~ G~ (i ~,Crj r Gt Work to be performed 3. Name (~ Gi ~9 ~ G! ~c/ ~~,_ Contractor's License No. Address & phone no. ~r'e wt 0 !2 ~/ ~ I ~ ~d ydl ~ ~a Work to be performed 4. Name G~-!/' ! S /7 _ Contractor's License No. Address & phone no. ~~ P ~-t-B 'v~ C a ~i ~~ ~'' ~ ~ Gfi Work to be performed 5. Name Contractor's License No. Address & phone no. Work to be performed 6. Name Contractor's License No. Address & phone no. Work to be performed BID PROPOSf~L PAGE 7 OF 8 BIDDER'S SIGr1ATURE FORM IF YOU ARE AN INDIVIDUAL, SO STATIC. IF YOU ARE A COMPANY OR A CO- PARTNERSHIP, STATE THE COMPANY [NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL N~.ME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER, AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF NAME OF BUSINESS Heavy Construction -BUSINESS Top Grade Construction, Inc. Top Grade Construction, Inc. CORPORATION: (See attached List of Appointed Officers) CO-PARTNERSHIP: - - - INDIVIDUAL: - - - JOINT VENTURE: - - OTHER: - - - Name and Signature of Bidder Date: January 13, 2003 Address (mailing & location): 50 Contractors Street Livermore, CA 94551-4863 Telephone Number: (925) 449-5764 Acknowledgment of all addenda received is req~zired by circling each addendum number. 2 3 4 5 6 7 8 9 10 BID PROPOS,~L PAGE S OF 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of •'~r~i~9~~ /'~ On~y1~~t l,~ ,~C/~ 3 before me, ~„l~sc,~ ~ ~ ;.~ ,i r~~.C. , Dat~ ~--' Name and Ttle of Officer (e.g., "Jane Dce, Nota ublic") personally appeared lCtr~~2-~- L 1-~~Li~i~' , Name(s) of Signer(s) JESSICA JOHNSTUN ""' '` Commission » 1376818 ..6 Notary Public -California ~_ Alameda County tvly Comm. Expires Sep 27, 20[16 impersonally known to me ^ proved to me on the basis of satisfactory evidence to be the person(sl whose name{s.) is/era. subscribed to the within instrument and acknowledged to me that he/slael~ey executed the same in his/~er~tJ~ir authorized capacity(ies), and that by his/i~er,~t~eir signaturet~ on the instrument the person(s), or the entity upon behalf of which the person(s). acted, executed the instrument. WI NESS my h d and official seal. ~. Signature of Notary Public OPTIl~NAL 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 D-ocu~me-nt: ~~r.~•,~ :S `~'ni~f~+G ~-c`'r,!-3.v~ Document Date: ~_ )~~~t ;/~/.~~i ! ~3. ~X:'~~~ Number of Pages: _~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: l~,['jC~:2.~- G-. 9-r~,/7 ^ Individual ,~/~ 1/ Top of thumb here ~ Corporate Officer -Title(s): c°k:' ~ ~ir_~ r ~~~7~!C~Si(_.C's4T- ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ® 7999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6627 Resolution of the Directors of TOP GRADE CONSTRUCTION, INC. Appointment of Officers BE IT RESOLVED that the following are hereby appointed officers of the Corporation to hold the office set opposite their names until the next annual meeting of shareholders or until their successors are appointed. Each of the officers listed have the authority to sign all contracts, change orders, bid documents and pre-bid forms, requests and documents as needed. President Secretary Chief Financial Officer Executive VP -Chief Estimator Vice President -Estimating Vice President -Estimating Vice President- Public Works - William L. Gates - Robert S. Chance - Robert S. Chance - Robert L. Fisher - Randall R. Hahn - Dennis D. Linsmeier - Karim Massoud ** ** This officer shall have authority by this resolirtion to only sign and bind the Company with respect to pre-bid and bid forms documents and letters. This authority will not extend to the signing of Contractual documents and/or Contract Change orders. The foregoing resolution is hereby consented to by the signatures of all the directors of the Corporation. DATED July 1, 2002 William L. Gat 1 ~- 1 L' =~ Ff .Chance Rl~c~l~i1 R. Hahn