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06-069, O'Grady Paving, Inc. L. CONTRACT FOR PUBLIC WORKS This CONTRACT made on ~ - L(J- 6lo by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and O'Grady Paving Inc., hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form. b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications for 2006 STP o VERLA Y PROGRAM, PROJECT NO. 2006-01 d. Faithful Performance Bond and Payment Bond. e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. f. This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work of overlaying City streets, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, 2006 STP OVERLAY PROGRAM, PROJECT NO. 2006-01 and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Ralph A. Qualls, Jr. 167 3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of $ 518,293.10 (Five Hundred Eighteen Thousand, Two Hundred Ninety-Three Dollars and Ten Cents) subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with Section 6, paragraph "f' of the General Provisions. 5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans and Specifications or the Contract Documents, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. No extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties. 9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by 168 reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. TIME FOR COMPLETION. All work under this Contract shall be completed in accordance with the Time for Completion section in the Proposal and the Specifications of this project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty (30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services rendered and materials furnished in and about the work. City may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by 169 CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY'S Notice to Contractors. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE AVENUE; CUPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to O'GRADY PAVING, INC.; 2513 WYANDOTTE STREET; MOUNTAIN VIEW, CA 94043-2314, postage prepaid and certified; and (c) if notice is given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. 17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all subcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. In signing this Contract CONTRACTOR makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake 170 self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance ofthe work of this Contract." 18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one (1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. 171 P.O. No. 21. DEFERRED AL TERN A TE SELECTION. The City reserves the right for the term of the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The alternates chosen would be for any sites currently under construction or to be constructed in the future. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO: CONTRACTOR: Attest: ~1?-SC~ vL~4'cLt- \f>-r.~ City Clerk Date: q -l-f) , 20120- City Clerk Notary acknowledgment is required. If a corporation, corporate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation a Social Security No. is required. Social Security # Federal Tax I.D. # Contractor's License No. CUJ \ lOq lP Project Name & Number: 2006 STP OVERLAY PROGRAM, PROJECT NO. 2006-01 Contractor's Name & Address: Contract Amount: $ SIB,1tf!.IO Account Number: 270-9450-9300 File No: 98,493.79 172 CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT r~.m~~~~"w~~~"w~.m~~~~.m.m~~~~~~~~~4:X~m-O.~ ~ @ ~ State of califOrnia} ~ ~ County of ~ C) tl\V#\ ss. ~ ~ ~ I ~ I I ; I.'.' per nally known to me~~. I~.._.",,~,~ - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are ~ ~ subscribed to the within instrument and ~] -------------.-............-....-...-.-J ;i} I,' J HODGES acknowledged to me that he/she/they executed ~ i'~.' 1 ~... "-,-. c......:;..., # 161..71 the same ;" h;s1her'he;r author;"d ~.'I) ': ~ f.. . Notary PublIc - California f capacity(ies), and that by his/her/their ell ~ z ~~~i, Santa Clara Cexny - signature(s) on the instrument the person(s), or r,~ ~ J ~; _ ~Y.:O:":..Ex~-:.~t ~........l the entity upon behalf of which the person(s) @ ~ J ::;::l acted, e,.cuted the ;"stcument ~ H W hand and om,;al seaL 1,'1 I ~ ~ I ~." OPTIONAL ~,,'~ m Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ,~ ~ Description of AIIa=";;:::::""""''''''';' """ to '''''"''''0''''''''- i ~ ~ @ ~ I I ~ @ . I o Individual Top of thumb here ~ o Corporate Officer - Title(s): @ o Partner - 0 Limited 0 General @ o Attorney-in-Fact ~,I I': 0 Trustee ~ I g ~h~~ian or Conservator ~ I S;gner Is Representing, ~ ~'- ''^>'''''>'''''>=>~,''-'>=,,''-'>=>=;o:''-''''''''';o:~>=;o:'^>;''''>''^;o:'''';o:'^>''^;o:''''>=>=;o:''''>,''''>=>',^>=>=>=>~'''-''''''''>=;O:''''';O:''''>=''XY-@ ~~.~~~- .r~~~~~'~~~~~~''S!V~~~~~::!V~~~'::::CV~~~V<~~'~~~~:'E'V_~ Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: I' Capacity(ies) Claimed by Signer Signer's Name: ~ , @ 1999 Nalional Notary Assadalian . 9350 De 5010 Ave., P.O, Box 2402' Chatsworth. CA 91313-2402' www.NalionaINalary.org Prod. No. 5907 Reorde" Call Toll-Free 1 -800-876-6827 BOND #104760534 FAITHFUL PERFORMANCE BOND Premium: $2,488.00 KNOW ALL MEN BY THESE PRESENT: THA T WE, 0 I Grady Paving, Inc. as Principal, (contractor's name) and Travelers Casualty and Surety Company of America as Surety, (bonding company's name) are held and firmly bound unto the City of Cupertino, State of California, in the sum of _Five H,::n?-re(j_E~-9'J:l~_een Th.~u~and_--'!'~~_I!~!:I..s!r.:~c! Nine!.Y._'!'l1ree & 10.lJOO~___._ lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, the Principal has entered into a contract with the City dated 20 ~ with the obligee to do and perform the following work to-wit: 2006 STP Overlay Program, Project No. 2006-01 NOW, THEREFORE, if the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this 29th day of August , 20~. (To be signed by Principal and Surety, Notary acknowledgment required) CONTRACTOR o,~~g, By,4E p' . I ?- ) nnclpa Inc. Travelers Casualty and Surety Company of America Surety Street Address: 100 California Street, Suite 300 City, St~ale, Zip San F~'~ CA 94111 By: Bryan D. Martin, Attorney-In-Fact The above bond is accepted and approved this _day of ,20 . 182 California All Purpose Acknovvledgment state of California County of San Mateo On August 29, 2006 Date , before me, Jean L. Neu, Notary Public Name & Tille of Officer/Notary personally appeared Bryan D. Martin Names(s) of Signers(s) personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Wi- ~-~---~-~-~--~ JEAN l. NEU , ,,'~ " Commission # 1626528 - " ' Z ~ . -"4& ~.'" Notary Public - California $ z. - '. - ~ ,.' San Mateo County f ~",: My Comm. expires Dee 21 , 2009 ......"..~.j...............-_......------ WITNESS my hand and official seal. /' I ---------------..........-----------OPTIONAL------------------------------------ (The information below is not required by law) Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s) h :\docs\surety\forms\notary .doc CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT r---~~~~~-~1 I S1ateofC~~ WYA }ss. ~ ~ County of _ ~ ~ ~ ~ ~ I ~ ~ ~ I ~.:~ J I I ~ ~ ~ I @ I I I I ~ I ~ Signer(s) Other Than Named Above: ~ [, I Capacity(ies) Claimed by Signer ~ I Signer's Name: ~ I : D Indiv;duat '" ~ ,,""" ""' ~.~.~ . > 0 Corporate Officer - Title(s): ~ II ~ ~~~~~_;n~~m;red D Generat I ~ > ~ g~h~~ian or ConseNator i Ll ; Signer Is Representing: ~ (. Q) ~. ~>'~~~"Q.x~~~~~'%.~'%.'%.'@<;.~~~'@<;.~'Q,(,.'Q?J~<;:~;,'%.~~'%.'Q,(,.~~~~~~ ~ > rsonally known to me proved to me on the basis of satisfactory evidence I I I I I I I I, ~ rfj ~:';,1 - NOtary PubliC - callf<)mla - i -a Santa Clara countY .~.' My comm. Explfes oct 1 , 2009 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. w re 0 0 ary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: @1999 National Notary Association' 9350 De Solo Ave" P.O. Box 2402' Chatsworth, CA 91313.2402' www.NationaINotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800.876-6827 BOND #104760534 PAYMENT BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and 0 I Grady Paving, Inc. hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of 2006 STP Overlay Program, Project No. 2006-01 more particularly described in said contract; and incorporated herein by reference. WHEREAS, said principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, WE, O'Grady Paving, Inc. as Principal, (contractor's name) and Travelers Casualty and Surety Company of America as Surety, (bonding company's name) firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of Five Hundred Eighteen Thousand Two Hundred Ninety Three & 10/100s--- THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section] ] 84.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. ]83 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this 29th day of August , 20~. (To be signed by Principal and Surety. Notary acknowledgments required.) CONTRACTOR B:',G~:4 :Ib ____ Principal Travelers Casualty and Surety Company of America Surety Street Address: 100 California Street, Suite 300 City, State, Zip San Francisco, CA 94111 BY~ Bryan D. Marti Attorney-In-Fact The above bond is accepted and approved this _day of ,20 . 184 California All Purpose Acknovvledgment State of California County of San Mateo On August 29, 2006 Date , before me, Jean L. Neu, Notary Public Name & Title of Officer/Notary personally appeared Bryan D. Martin Names(s) of Signers(s) personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. r!~ ~-~~~~-~~-~-~~ ~. JEAN L. NEU . ......."... Commission # 1626528 ~ ;'.61&. .0: Notary Public - COlifornla ~ J ~. San Maleo County ~.,~' My Comm. Expires Dee 21,2009 WITNESS my hand and official seal. --------------------------------------OPTIONAL------------------------------------------ (The information below is not required by law) Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s) h: \d ocs \s U rety\form s \nota ry. doc CALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~;w.m~~~:m~:m~~:m~~~~~:m~~mm~m~:m~~~:<<x~~m..o.~ ~ ~ I State of C~ ~ ~ County of ~tr/r- ~J/ZI\ ~ ~ I I On -~ I I ~ I I,), I ~ ~ - - - ~ ~ - - - .., ~ to J to be the person(s) whose name(s) is/are ~ ~ '@ s. HOOGES subscribed to the within instrument and @ ~ CommluIon # 1610371 i acknowledged to me that he/she/they executed QI I(~ i Me Notary PublIc - CaIlfomIa ~ the same in his/her/their authorized .,~~'; , J '~p' Santa Clara COU"'Ity ,( !is " J 2'~: ~y:o:m.:..Ex~r~~t 1..:..2~1 capacity(ies), and that by his/her/their ~ II'," shignatu~e(s) on thbe hinslftrufmenh~ thhe hPerson(s),(o)r ~~,',)) ~; t e entity upon e a 0 w IC t e person s . ~ acted, executed the instrument. ~ I ~ I I I OPTIONAL ~ I Though the information belo~::u~~;~i~:~~:~ ~nd ~;::~:;~t V::~;i~/~o:;t~':~~~::7~:~~~~~ document and could prevent ~ ~ Description of Attached Document ~ I TItle", T ,pe of Doc"ment I I Document Date: Number of Pages: @ ~ I ,~ Signer's Name: ~ o Individual Top ~f thumb here ~ g ~~:~~te gff~~ited T~eg~~eral ~ ~ ~ g ~~~~~-in-Fact ~ ~ 0 Guardian or Conservator @ ~ 0 Other: ~ ~ Signer Is Representing; i ~.;,c,/""",~""^x"":X'.x"",>"",,,,,,,>=>,,,,",>:,,,>;,,,x,,, >"6>:""""""""'''6''''''6>''6>;'''''''6'''''"' ,:;;o('",>",,",x"">:"''''''>''6>''6F:'''''~/''6''''''''''''>=X:'C0@ l.'?Y"-~~~~~_ ....~~~~-~-~~~~~~~~~~~~~-v~~~~'~'r~,"'="V-~.':::':V~::!"V~~_~ >: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer I. ( @ 1999 National Notary Association' 9350 De Solo Ave., P.O. Box 2402 . Chatsworth. CA 91 31 3-2402' www.NalionaINotary.org Prod. No. 5907 Reorder: Call Toll-Free 1 -800-876-6827 POWER OF ATTORNEY WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER -~STPAUL . TRAVELERS Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney-In Fact No. 2]728] St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 0 9 2 6 7 8 4 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surely Company is a corporation duly organized under the laws of the State of New YOTk, Ihat St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the Slale of Minnesota, that Farmington Casually Company, Travelers Casualty and Surely Company, and Travelers Casually and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United Stales Fidelily and Guaranty Company is a corporalion duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporalion duly organized undeT the laws of the Slale of Iowa, and that Fidelity and Guaranly InsuTance Underwriters, Inc. is a corporation duly oTganized under Ihe laws of the State of Wisconsin (herein collectively called the "Companies"), and thaI the Companies do hereby make, constilUte and appoint Bryan D. Martin, Erin Bautista, Jody A. Johnson. Jean L. Neu, and B. A. Poitevin of the Cily of Redwood City , Slate of California , their true and lawful Attomey(s)-in-Facl, each in their separate capacily if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fide lily of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any~ons or pl'Qceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this inst~llttObe si$ned and .~It!corporate seals to be herelo affixed, this d f June 2006 . . ay 0 19th Farmington Casualty Corppany Fidelity and Guaranty JhSu~a.~; Compan! Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company o ~ e Slale of Connecticut City of Hartford ss. S1. Paul Guardian Insurance Company S1. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: 19th June 2006 . On Ihis Ihe day of , before me personally appeared George W. Thompson, who acknowledged hImself 10 be Ihe Senior Vice PTesident of Farmington Casually Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranly Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casually and Surety Company, Travelers Casually and Surety Company of America, and United Slates Fidelity and Guaranty Company, and thaI he, as such, being authorized so to do, executed the fOTegoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly aulhorized officer. In Witness Whereof, I hereunlo sel my hand and official seal. My Commission expires the 30th day of June, 20 II. 58440-6-06 Printed in U.S.A. 'f(\w c. j~ '- Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AC,OnDTM CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MMIDDIYYYYI 08/29/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA TION Construction Unit (F) 650-839-6964 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ABD Insurance & Financial Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 305 Walnut Street Redwood City, CA 94063 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Virginia Surety Company, Inc 19445 O'Grady Paving, Inc. INSURER B National Union Fire Insurance/PA 2513 Wyandotte Street INSURER C Mountain View, CA 94043 INSURER 0 INSURER E: Client#. 1590 OGRADPAVI COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRi TYPE OF INSURANCE POLICY NUMBER PJ}+~';ri~~~8~~\E Pg~fl/~~~t~\gN LIMITS A ~NERAL LIABILITY 1CG50149802 07/01/06 07/01/07 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY ~~~~~1~9E~Eo~~~r~ence \ $100000 I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $5.000 ~ PERSONAL & ADV INJURY $1.000 000 I--- GENERAL AGGREGATE $2.000.000 n'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2.000.000 !Xl PRO- n POLICY JECT LOC A ~TOMOBILE LIABILITY 1CA50149902 07/01/06 07/01/07 COMBINED SINGLE LIMIT ~ ANY AUTO (Ea aCCident) $1,000,000 ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODilY INJURY $ ~ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) ~AGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ B ~ESS/UMBRELLA LIABILITY BE6564003 07/01/06 07/01/07 EACH OCCURRENCE $5 000 000 X OCCUR D CLAIMS MADE AGGREGATE $5.000 000 $ R DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND 1CW50149702 07/01106 07/01107 X I T'{'{~N'~W~ I IOJ~- EMPLOYERS' LIABILITY E.L EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under EL OISEASE - POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: 2006 STP Overlay Program Project #2006-01. City of Cupertino is named as additional insured as respects general liability per endorsement attached. CERTIFICA TE HOLDER CANCELLATION City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENJO~IL ---3D- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUlftItXIlOUOtIlllXDllb0&Xxx X96IOJlD~XJStQl8txxx ACORD 25 (2001/08) 1 of 2 #S885410/M855492 @ ACORD CORPORATION 1988 OGRADPAVI IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 2 #5885410/M855492 POLICY NUMBER: 1CG50149802 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Re: 2006 STP Overlay Program Project #2006-01. City of Cupertino is named as additional insured as respects general liability per endorsement attached. PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. CG 20 10 11 85 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. 1 CW5 0 149702 Issued to: 0' Grady Paving, Inc. By: Virginia Surety Company, Inc Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Re: 2006 STP Overlay Program Project #2006-01. City of Cupertino is named as additional insured as respects general liability per endorsement attached. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 WC 04 03 06 (Ed. 4-84) Countersigned by Authorized Representative