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11-110 Galedrige Construction, Inc., Project No. 2011-05, 2011 Various Park Paths and Parking Lot RepairsDOCUMENT 00520 CONTRACT PO Project No. 2011 -05 ,rg YO- THIS CONTRACT, dated this � day of 0 L% , 2011 , by and between Galedrige Construction, Inc. whose place of business is located at 1369 #B Moffat Street, Alviso, CA 95002 ( "Contractor "), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ( "City ") acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the 1 0010 day of 0C T , 2011 awarded to Contractor the following Project: PROJECT NUMBER 2011 -05 2011 VARIOUS PARK PATHS AND PARKING LOT REPAIR & RESURFACING NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: ARTICLE. 1. WORK 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. ARTICLE 2. AGENCY AND NOTICES TO CITY 2.1 City has designated Roger Lee, Assistant Director of Public Works to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10555 Mary Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing Project No. 2011 -05 ARTICLE 3. CONTRACT TIME AND LIQUIDATED DAMAGES 3.1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) no later than twenty (20) calendar days from the date established in the Notice to Proceed. 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $300 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species.. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third - parties), and defense costs thereof. City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing Project No. 2011 -05 ARTICLE 4. CIONTRACT SUM 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: Schedule of Bid Prices attached ARTICLE 5. CONTRACTOR'S REPRESENTATIONS In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequencers or procedures of construction to be employed by Contractor and safety precautions and pro ;rams incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as -built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as -built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as -built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing Project No. 2011 -05 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under an)7 instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) ARTICLE 6. CONTRACT DOCUMENTS 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00400 Bid Form Document 00430 Subcontractors List Document 00450 Statements of Qualifications Document 00455 Insurance Document 00460 Schedules of Major Equipment and Materials Suppliers Document 00481 Non - Collusion Affidavits Document 00482 Bidder Certifications Document 00510 Notice of Award Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notices to Proceed Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00822 Apprenticeship Program Document 00850 Technical Specification 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 (Geotechnical Data, Hw.,ardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing Project No. 2011 -05 ARTICLE 7. MISCELLANEOUS 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employe, ,-, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http:// www. dir .ca.gov/DLSR/PWD/Northc;rn.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing Project No. 2011 -05 is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. 7.9 Contractor and all subcontractors shill comply with the Uniform Administrative Requirements for State and Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, Part 18. In addition, the Contractor agrees to comply with the cost principles and procedures set forth in Office of Management and Budget Circular A -87. The Contractor agrees that a reference to either Office of Management and Budget (OMB) Circular A -87of the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is applicable, and the Code of Federal Regulations, Title 49, Part 18, will be included in any subcontracts entered into as a result of this contract. IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing Project No. 2011 -05 2011 VARIOUS PARK PATHS AND PARKING LOT REPAIR & RESURFACING CITY: CITY OF CUPERTINO, a Municipal Corporation of the State of California Attest: City Clerk: Kimbe y S ith Approved as to form by City Attorney: A,�� City A rney: Dated: 1 0 -1� -I( Timm Borden, Director of Public Works of the City of Cupertino, a Municipal Corporation of the State of California City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing CONTRACTOR: Galedrige Construction, Inc. By. 1 [ i' ] Janey Lee Caravallo [Please print name here] Title: Secretary [If Corporation: Chairman, President, or Vice President] [Signature] [Please print name here] Title: [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] .•:: State Contractor's License No. Classification A 08/13 Expiration Date Taxpayer ID No. 77- 0102595 Designated Representative: Name: Roger S. Lee Title: Assistant Director of Public Works Address: 10555 Mary Ave., Cupertino, CA 95014 Phone: 408 - 777 -3269 Facsimile: 408 - 777 -3399 AMOUNT: $129,810.00 ACCOUNT NUMBERS: 420 -9140 City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing Project No. 2011 -05 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT Project No. 2011 -05 DOCUMENT 00630 Guaranty TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ( "City "), for construction of 2011 VARIOUS PARK PATHS AND PA'JMNG LOT REPAIR & RESURFACING CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective 'Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing Project No. 2011 -05 All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents, including, without means of limitation, Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. ale d ige Construction, Inc. Contractor's Name Alfred N. Galedrige P.O. Box 427 Address Alviso, CA 95002 _ October 11, 2011 City /State /Zip Date END OF DOCUMENT City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing GALED -1 OP ID: DC 14111c°RO CERTIFICATE OF LIAE3ILITY INSURANCE DAT 10 /13D/YYYY) 10/13/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER 415- 820 -2200 Pennbrook/CAIB Insurance Svcs. License #0622553 www.pbcis.com 415 - 394 -8332 P.O. Box 26849 San Francisco, CA 94126 -6849 IVAME: FA acNN. Ext): ac No), 1 =-MAIL ADDRESS: GENERAL LIABILITY Jude Winterhalter INSURER(S) AFFORDING COVERAGE NAIC # _ INSURER A: Landmark American EACH OCCURRENCE $ 1,000,00 INSURED Galedrige Construction, Inc. INSURER B: National Union Fire Insurance X Molly P O Box 427 Alviso, CA 95002 INSURER C: Golden Eagle Insurance Corp. 10836 - - -- INSURER D:QBE Int'l Insurance Ltd -- INSURER E: MED EXP (Any one person) _ S 5,00 INSURER F: $ 1,000,00 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE INSR SUER WVD POLICY NUMBER MM DDIYYYY ) (MMIDDIYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ` X � OCCUR X LHA135577 08/25/11 08/25/12 PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) _ S 5,00 PERSONAL & ADV INJURY_ $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP /OP AGG $ 2,000,00 PRO-LOC POLICY I X I $ AUTOMOBILE LIABILITY (Ea aBINEDtSINGLE LIMIT $ 1,000,00 BODILY INJURY (Per person) $ C X ANY AUTO BA8710526 08/25/11 08/25/12 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident ) $ 1,000,00 NON -OWNED HIRED AUTOS AUTOS PROPERTY eDAMAGE $ 1,000,00 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,00 AGGREGATE - $ 5,000,00 B EXCESS LIAR CLAIMS -MADE BE061566715 06/25/11 08/25112 DED X RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- D AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA EQB0101542 10/04/11 10/04/12 T RY LIMITS I ER _ E.L. EACH ACCIDENT _ $ 1,000,00 E.L. DISEASE - EA EMPLOYEE - - --- -- $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 C Property Section CBP8866457 08/25/11 08/25/12 ACV 403,151 Ded 1,00 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 11 -188A, City of Cupertino - 2011 Various Park Paths and Parking Lot Repair & Resurf ing City of Cupertino is hereby named as an addtional insured as per forms attached. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE � M0 M ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL_ INSURED BLANKET - PRIMARY AND YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a written permit, to provide insurance such as is afforded by this policy. A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations; and /or "your work" defined for the additional insured(s) designated above included in the "products - completes operations hazard ". B. If you are required by a written contract to provide; primary insurance, this policy shall be primary and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 8/25/2011 forms part of Policy Number LHA135577 issued to Galedrige Construction Inc by Landmark American Insurance Company RSG 15017 1207 Includes copyrighted material of Insurance Services Office, Inc. 1984 (1185) with its pe, mission Bmid #1000905472 EXECUr -MIN TRIPLICATE Prim un: Included Project No. 2011-05 DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ( "Bond ") is dated October 10, 2011, is in the penal sum One hundred twenty nine thousand eight hundred ten and no /100 [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to Galedrige Construction, Inc. ( "Contractor "), U.S. Specialty Insurance Carpany _ ( "Surety"), the City of Cupertino, a Municipal Corporation of the State of California ( "City ") or other party shall be considered plural where applicable. CONTRACTOR: Galedrige Construction, Inc. Name P.O. Box 427 Address Alviso, CA 95002 City/State/Zip CONSTRUCTION CONTRACT: SURETY: U.S. Specialty Insurance Catpany Name 601 South Figueroa Street, Suite 1600 Principal Place of Business i0s Angeles, CA 90017 City /State /Zip 2011 VARIOUS PARK PATHS AND PARKING LOT REPAIR & RESURFACING (Project No. 2011 -05) at Cupertino, California. DATED .October 101 2011 , 20 in the Amount of $ 129,810.0O (the "Penal Sum ") Galedrige Construction, Inc. U.S. Specialty Insurance Carpany CONTRACTOR AS PR1, CIPAL SURETY Company: Grp. S�l Company: / / Signature: Signature: • Name and Title: Alfred N. Galedrige Name and Title: Cecile M. Gipson Owner Attorney —in —fact City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing Project No. 2011 -05 BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to City, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and 2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety, and provided there is no City Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor, then Surety shall pay for the same, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the court. 4. Consistent with the California Mechanic's Lien Law, Civil Code §3082, et seq., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond. 7. City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing Project No. 2011 -05 terms of the Construction Contract, or to the Work to be performed there under, or materials or equipment to be furnished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes. 9. Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code §3249, must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. This Bond has been furnished to comply with the California Mechanic's Lien Law including, but not limited to, Civil Code §§3247,:3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond :shall be construed as a statutory bond and not as a common law bond. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 13. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. 14. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §318 L The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required fbr performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing Project No. 2011 -05 asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code §3248(b). 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. CND OF DOCUMENT City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing POWER OF A,rTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and _U.S. Specialty insurance Company, a Texas corporation (collectively, the "Companies "), do by these presents make, constitute and appoint: Anthony F. Angelicola or Cecily M. Gipson of San Francisco, California its true and lawful Attorney(s) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include rider!i, amendments, and consents of surety, providing the bond penalty does not exceed * * * * ** *Four Million * * * * * ** Dollars ($ * *4,000,000.00 ** ). This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 315" day of March, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals ptTO,ttrr '^ -- SEAL 0 Daniel P. Aguilar, ice President State of California County of Los Angeles SS: On this 31` day of March, 2011, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence 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(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DEBORAH REESE / Commission M 1926040 Signature �.G �/ e4,t, flees- (Seal) N�a ifAngefeaCounty a Comm. Ex ires Mar 18.2015 A I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 10th day of October ,2011. r 4 Corporate Seals ., SEAL] 40 u Bond No. 1000905472 * Jeannie J. Kim, Assistant Secretary Agency No. 2009 1�?a CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 - .,FYIkt. ',C\U, .F .F:c.�f%F�f'�k `.f%^f^ .6c> .FrY.£�.a r..r- --.4 1�.F�r� l�.F .c <sF�',FZ, ^.e =c,c l�.4 e�.F' .f-�' .c= etc• Y' ..F:!..4= C`.E- :F.k':r -.c r.Fr..f:e>.F'�,Fcsc =c: t. y State of California County of San Frannisco On `13 before me, Alicia Arellano, Notary Public Date Here Insert Name and Title of the Officer personally appeared Cecily_ M. Gipson Name(s) of Signer(s) ALICIA ARELLANO Commission # 1912415 z( Notary Public - California Z Z a.'r'ridr.. >, San Francisco County My Comm. Expires Nov 7, 2014 who proved to me on the basis of satisfactory evidence to be the person($) whose name(A is4ift subscribed to the within instrument and acknowledged to me that te/she /4h" executed the same in W51her /yae(r authorized capacityW, and that by 13Wher/AO& signature(') on the instrument the person(g), or the entity upon behalf of which the person(p) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws f the State of California that the foregoing par _ rap 's true and correct. Ill official seal. Signature- Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, ii may prove valuable to persons relying on the document and could prevent fraudulent removal and r =attachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual L Partner — ❑ Limited F. General Top of thumb here r, Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: P Corporate Officer — Title(s): Individual M. Partner — '�j Limited C General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: © 2010 National Notary Association - NationalNotary.org • 1- 800 -US NOTARY (1- 800876 -6827) Item #5907 EXECUTED IN TRIPLICATE Bond #1000905472 Premium: $3,096.00 DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND Project No. 2011-05 THIS CONSTRUCTION PERFORMANCE BOND ( "Bond ") is datedxt0ber 10, 201 is in the penal sum of One hundred twenty nine thousand eigrit hundred ten and no /100 [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12, attached to this page. Any singular reference to Galedrige C Onstruction, Inc. ( "Contractor "), U.S. Specialty Insurance Coitrpany _ ( "Surety'), the City of Cupertino, a Municipal Corporation of the State of California ( "City ") or other party shall be considered plural where applicable. CONTRACTOR: Galedrige Construction, Inc. Name P.O. Box 427 Address Alviso, CA 95002 City /State/Zip SURETY: U.S. Specialty Insurance 29Tany Name 601 South Figueroa Street, Suite 1600 Principal Place of Business Los Angeles, CA 90017 City /State /Zip CONSTRUCTION CONTRACT: 2011 VARIOUS PARK PATHS AND PARKING LOT REPAIR & RESURFACING I (Project No. 2011 -05) at Cupertino, California. DATED: October 10, 201120 in the Amount of $ 129, 810.00 (the "Penal Sum ") Galedrige Construction, Inc. CONTRACTOR AS PRIN . IPAL Company: (C .Seal) � � Signature: � Name and Title:-Alf red N. Galedrig(� Owner City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing U.S. Specialty Insurance Cmpany SURETY Com y: (C p. Se 1) Signature: P. Z Name and Title: Cecily M. Gipson Attorney -in -fact Project No. 2011-05 BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond. 3. If there is no City Default, Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and 3.2 City has agreed to pay the Balance of the Contract Sum: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract. 4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4, below); or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City's consent; or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for it contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety's obligations defined in paragraph 6, below, exceed the Balance of the Contract Sum, then Surety shall pay to City the amount of such excess; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation. with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing Project No. 2011-05 the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefore to City with full explanation of the payment's calculation. If City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6, below. 5. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors. 6. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall include, but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non - performance of the Construction Contract including, but not limited to, all valid and proper backcharges, offsets, payments, indemnities, or other damages; 6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's fees incurred to enforce this Bond). 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required there under, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing Project No. 2011 -05 the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bone unless expressly stated otherwise. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. 12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases /decreases for approved modifications to the Construction Contract. 12.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to performer otherwise to comply with the terms of the Construction Contract including, but not limited to, "default" or any other condition allowing a termination for cause as provided in Document 00700 (General Conditions). 12.4 City Default: Material failure oi' City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT City of Cupertino 2011 Various Park Paths and Parking Lot Resurfacing POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies "), do by these presents make, constitute and appoint: Anthony F. Angelicola or Cecily M. Gipson of San Francisco, California its true and lawful Attomey(s) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed * * * * ** *Four Million * * * * * ** Dollars (S * *4,000,000.00 ** ). This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and or. behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Atorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 315" day of March, 2011.. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals tf� T SEAL +' ,b ` Daniel P. Aguilar, Vilce President State of California County of Los Angeles SS: On this 31St day of March, 2011, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence 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(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DEBORAH REESE �/ k_ Comm Won # 19266 Signature J.tiD//� , ,/t (Seal) N trwt Angeles County California 04COMM.Egimmarls . 2015 I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; fitrthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 10th day of October 2011 Corporate Seals am -� im V SEAL o' 1000905472 _ Bond No. Jeannie J. Kim, Assistant Secretary Agency No. 2009 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On 10 2,011 before me, Alicia Arellano, Notary Public Date Here Insert Name and Title of the Officer personally appeared cecily_ M. Gipson Name(s) of Signer(s) CI CODE 9 1189 who proved to me on the basis of satisfactory evidence to be the person($) whose name(A islare subscribed to the within instrument and acknowledged to me that t.e she /Vi" executed the same in t*;1her /j1od(r authorized capacity(W!§), and that by bi!4 /her /,1O& signature($) on the instrument the pe!rson(A, or the entity upon behalf of which the person(p) acted, executed the instrument. ALICIA ARELLANO Commission # 1912415 a =' Notary 1 certify under PENALTY OF PERJURY under the Z' ^.x...., - y Public - California Z Z Z laws of the State of California that the foregoing '� San Francisco County w g g My Comm. Expires Nov 7, 2014 f paragraph is true and correct. WITN CSm and and ffi ial seal. Signature: .u��" Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: J] Corporate Officer — Title(s): C_i Individual M. Partner — Limited General Top of thumb here n Attorney in Fact Trustee Guardian or Conservator G Other: Signer Is Representing: Number of Pages: Signer's Name: Corporate Officer — Title(s): Individual Partner — L-1 Limited ❑ General Top of thumb here ❑ Attorney in Fact Trustee Guardian or Conservator 7j Other: Signer Is Representing 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800876 -6827) Item 95907 STOP NOTICE (Notice To Withhold Construction Funds - Public Works) TO: City Clerk PROJECT: Various Park Paths & Parking City of Cupertino Lot Repairs and Surfacing 10300 Torre Avenue Project No. 2011-05 Cupertino, C 95014-3202 PLEASE T I<M NOTICE that REED ' & GRAHAM, INC., whose nailing address is P. 0. Box 5940, San Jose, Califomia 95150, has performed labor and/or furnished materials pursuant to that certain contract made between the CITY OF CUPERTIFNO and GALEDRIGE CONSTRUCTION, INC., for that wort of improvement described as follows: Variou Park Paths & Parking Lot Repairs- and Surfacing - Project No. 2011-05. The materials furnished by claimant are of the following general find: Supplied hot mix asphalt and seal coat used on the project, and recycled oroi n asphalt removed from the project. The labor and/or materials were .furnished to or for the following contractor: GALEDRIGE CONSTRUCTION, INC., P.O. Box 427, Alviso, CA 95002 - -0427. The value of the whole. amount of labor and/or materials agreed, to be furnished is $84,407.37. The value of the labor and/or materials furnished to date is $ Of this sum, REED & GRAHAM, INC., has been paid or credited the swn of $52,098.01, and there is due, owing, and unpaid the sum of $32,309.36, together with interest thereon at the rate of 1 % per -inu m, from October 24, 2011. VM REI'oRIE, the - undersigned claims the benefit of the law given to laborers, materia.lx en and others under and by vitlue of the provisions of Division 3, Title 15, Section 3103 .n . Sections 3181 to 3214 of the Civil Code of the Mate of California, and requests that you withhold from said original eon tractor, GALE RIGE CONSTRUCTION, INC.,, sufficient money that may be due it, or that may become due to it for said wort and/or rnaterials, to answer and pay the amount of this claim. Dated: April 12, 2012 REED & GRAHAM, INC. y. SAM CARTER, CFO VERIFICATION L the undersigned, declare that I ain the Chief Financial Officer of REED & GRAHAM, INC., the claimant nanaed in the forgoing Stop Notice. I have read said Stop Notice and l iow the contents thereof, and the sal e is true of my own l nowledge. 1 declare w -ider penalty of perjury that the foregoing is true and correct. Executed on the date set forth below, at San Jose, California. Dated: April 12, 2012 a SAM CARTER