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Top Grade Construction - Agreement for Lions Creek Trail ProjectSECTION 00500 AGREEMENT LIONS CREEK TRAIL PROJECTS PROJECT NUMBER 11 -CDD -181 and 11 -CDD -182 THIS AGREEMENT, made this _L day of February , 2011, by and between the City of Gilroy, hereinafter called the "City," and Top Grade Construction, Inc. , hereinafter called the "Contractor." WITNESSETH: WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the Lions Creek Trail Projects, Project Nos. 11 -CDD- 181 and 11 -CDD -182, as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the Contract Documents. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the City and Contractor agree as follows: Article 1. Work. Contractor shall complete the Work as specified or indicated in the Contract Documents. Article 2. Contract Time. The Work shall be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00810 -2.0, Time Allowed for Completion, subject to extension as expressly provided in the Contract Documents. Article 3. Liquidated Damages. THE CITY AND THE CONTRACTOR RECOGNIZE THAT THE CITY WILL SUFFER SUBSTANTIAL DAMAGES AND SIGNIFICANT FINANCIAL LOSS AS A RESULT OF Lions Creek Trail Projects 11- CDD -181, 11 -CDD -182 SECTION 00500 -25 THE CONTRACTOR'S DELAYS IN PERFORMANCE OF THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR HEREBY ACKNOWLEDGE AND AGREE THAT THE DAMAGES AND FINANCIAL LOSS SUSTAINED AS A RESULT OF ANY SUCH DELAYS IN PERFORMANCE WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. THEREFORE, THE CITY AND CONTRACTOR HEREBY AGREE THAT IN THE EVENT OF SUCH DELAYS IN PERFORMANCE, THE CITY SHALL BE ENTITLED TO COMPENSATION BY WAY OF LIQUIDATED DAMAGES (AND NOT PENALTY) FOR THE DETRIMENT RESULTING THEREFROM IN ACCORDANCE WITH PARAGRAPH 00700 -6.5, LIQUIDATED DAMAGES, OF THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR FURTHER AGREE THAT THE AMOUNTS DESIGNATED AS LIQUIDATED DAMAGES ARE A REASONABLE ESTIMATE OF THE CITY'S DAMAGES AND FINANCIAL LOSS IN THE EVENT OF ANY SUCH DELAYS IN PERFORMANCE CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF SUCH AMOUNTS TO THE RANGE OF HARM TO THE CITY WHICH REASONABLY COULD BE ANTICIPATED AS OF THE DATE OF THIS AGREEMENT AND THE EXPECTATION THAT PROOF OF ACTUAL DAMAGES WOULD BE EXTREMELY DIFFICULT AND IMPRACTICAL. BY INITIALING THIS PARAGRAPH BELOW, THE PARTIES HERETO SIGNIFY THEIR APPROVAL AND CONSENT TO THE TERMS OF THIS ARTICLE 3. !�t— — /9-- City's Initials Contract s Initials Article 4. Contract Price. In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents. Article 5. Contract Documents. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and the following, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full. Invitation to Bid Instructions to Bidders Bid Documents Designation of Subcontractors Bid Guaranty Bond Lions Creek Trail Projects 11 -CDD -181, 11 -CDD -182 SECTION 00500 -26 Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications (Caltrans) Technical Specifications Drawings Addenda, if any Executed Change Orders, if any Maintenance Bond Notice of Award Notice to Proceed Article 6. Miscellaneous. Capitalized terms used in this Agreement which are defined in Section 01090, References, of the Contract Documents will have the meetings set forth in Section 01090, References. Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in the Contract Documents without the prior written consent of the City, which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights, obligations, duties or responsibilities under or interests in the Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City's sole discretion); and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, executed by the City, no assignment will release or discharge the assignor from any liability, duty, obligation, or responsibility under the Contract Documents. Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers, directors, agents or representatives of the City or its successor and assigns. In accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against Contractors if a Lions Creek Trail Projects 11 -CDD -181, 11 -CDD -182 SECTION 00500 -27 complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the Contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. IN WITNESS WHEREOF, this agreement has been executed on this b day of February, 2011. Top Grade Construction, Inc. Signature of Contractor Robert L. Fisher Executive V.P. Title of Signator 7E, gnat r S acy Foss ntract Administrator Title of Signator <\jlgl !Signatu of City City Administrator Title of Signator a�rs.1 a t f o �drM CwII O #k� Ci }y / broicy ** *END OF SECTION * ** ATT . I atu nJon 0 tV 1. -t v Ll Title of ignator Lions Creek Trail Projects 11 -CDD -181, 11 -CDD -182 SECTION 00500 -28 SECTION 00610 Bond No. 09022613 FAITHFUL PERFORMANCE BOND Premium $7,751.00 KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of Gilroy, hereinafter designated the "City," has, on February 7, 2011, awarded to, Top Grade Construction. Inc., hereinafter designated as the "Principal," a Contract for the construction of the Lions Creek Trail Projects (Project Nos. 11 -CDD -181 and 11 -CDD- 182), and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, WE, the Principal, and , as Surety, are held and firmly bound unto the City the penal sum of one million one hundred forty nine thousand seven hundred forty and 0/100 dollars ($ 1,149,740 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, it or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on it or their part to be kept and performed, at the time, and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless,- the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for a one -year warranty period, during which time this bond remains in full force and effect. 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 way, 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. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Lions Creek Trail Projects 11 -CDD -181, 11 -CDD -182 SECTION 00610 -29 IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this 16th day of February, 2011, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. TOP GRADE CONSTRUCTION, INC (Seal) 0 Signature for Principal Robert L. Fisher Executive V.P. Title of Signator FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Sea Surety nature for Surety Jeanette Conley, Attorney -in -Fact Title of Signator ** *END OF SECTION * ** Lions Creek Trail Projects 11 -CDD -181, 11 -CDD -182 SECTION 00610 -30 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said nanny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date 1�0 ereby nominate, constitute and appoint James W. UNTIEDT, Geoffrey R. GREEN, Mi k. A N, ew KELLY, Julia GRIMES and Jeanette CONLEY, all of Fremont, CaliFgass , 'a t 'an ; ti�Attorney -in -Fact, to make, execute, seal and deliver, for, and on its beha drts�y and all bonds and undertakings, and the execution of such � ������ se presents, shall be as binding upon said Company, as fully and ampl t r , s�,i)i y een duly executed and acknowledged by the regularly elected of � i � 11 �ltr{nore, Md., in their own proper persons. This power of attorney revokes that issued of �s-` , Geoffrey R. GREEN, Michael E. SHEAHAN, Matthew KELLY, Julia GRIMES, Jeanette S d�Jtt�ly 17, 2009. The said Assistant =rdoes hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of December, A.D. 2009. ATTEST: 't,V DEPOS�f J blrl ; e State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary Lo Theodore G. Martinez r ti� On this 7th day of December, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA -F 016 -41598 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this 16th day of February 2n11 Assistant Secretary STATE OF CALIFORNIA ss. COUNTY OF SANTA CLARA On February 16, 2011, before me, C. Reynolds, Notary Public, personally appeared Jeanette Conley, 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 she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. C. REYNOLDS Commission #t 1905325 Notary Public - California i Santa Clara County My Comm. Expires Oct 22, 2014 (Seal) , C. Reyno1q, otary Pub - California Description of Attached Document: State of California County of Alameda On 2/23/11 ACKNOWLEDGMENT before me, Stacy Foss, Notary (insert name and title of the officer) personally appeared Robert L. Fisher who proved to me on the basis of satisfactory evidence to be the person4whose nameg) is /MX subscribed to the within instrument and acknowledged to me that heXXUMN39 executed the same in hisX=RU authorized capacity W, and that by hisDEi7lNNXN signatureo4on the instrument the persona or the entity upon behalf of which the persona 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. Signature STACY FOSS Comnaaaion 0 1780422' Notary Public - Camomia Alameda County *my Comm. Expires Nov 17, 2011 �unnyp► unnnunununam ►nnniuuuuuuuunuunuunnnumr�. SECTION 00620 PAYMENT BOND Bond No. 09022613 KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of Gilroy , hereinafter designated as the "City," has, on February 7, 2011, awarded to Top Grade Construction, Inc., hereinafter designated as the "Principal," a Contract for the construction of the Lions Creek Trail Projects (Project Nos. 11 -CDD -181 and 11- CDD -182), and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and , as Surety, are held and firmly bound unto the City the penal sum of one million one hundred forty nine thousand seven hundred forty and 0/100 dollars ($ 1,149,740 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents. The Payment Bond for which this Section provides shall secure the payment of those persons or entities to whom the Principal, its Subcontractors or its heirs, executors, administrators, successors, or assigns, shall be become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the bidder in performing the work, or taxes or amounts to be withheld thereon. The Surety or Sureties will pay the following amounts should the Principal or a Subcontractor fail to pay the same, plus reasonable attorneys' fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 3181; (2) amounts due under the Unemployment Insurance Code with respect to work contracted to be done or any work or labor thereon of any kind; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. This Payment Bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon this bond. Lions Creek Trail Projects ii -CDD -181, 11 -CDD -182 SECTION 00620 -31 And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of .any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this 16.th day of February, 2011, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. TOP G DE CONSTR ION, INC Principal (Seal) Signature for Principal Title Robert L. Fisher — Executive V.P. FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1--) Surety (Seal) Jeaneta Conley, Attorney-in-FactSipr for Surety " "AEND OF SECTION" *' Title Lions Creek Trail Projects 11 -CDD -181, 11 -CDD -182 SECTION 00620 -32 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of sny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint James W. UNTIEDT, Geoffrey R. GREEN, Mi N, ew KELLY, Julia GRIMES and Jeanette CONLEY, all of San Jose, Califor t an B Attorney -in -Fact, to make, execute, seal and deliver, for, and on its beha o its and all bonds and undertakings, and the execution of sucb in se presents, shall be as binding upon said Company, as full and am 1 t t duly executed and acknowledged by the Y P � regularly elected of i ore, Md., in their own proper persons. This power of attorney revokes that issued of , Geoffrey R. GREEN, Michael E. SHEAHAN, Matthew KELLY, Julia GRIMES, Jeanette Sl�d y 17, 2009. The said Assistant r does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of December, A.D. 2009. ATTEST: 'gyp DfPpSfi W ww � �•w T 4 hnh� State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary i Theodore G. Martinez On this 7th day of December, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA -F 016 -41598 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this i 6th day of Fahriiary , �nl 7 Assistant Secretary STATE OF CALIFORNIA ss. COUNTY OF SANTA CLARA On February 16, 2011, before me, C. Reynolds, Notary Public, personally appeared Jeanette Conley, 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 she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. C. REYNOLDS Commission #t 1905325 Z •„ Notary Public - California a Z' ' Santa Clara County M Comm. Expires Oct 22, 2014 (Seal) r; C. Reynolds; otary Public - California Description of Attached Document: State of California County of Alameda On 2/23/11 ACKNOWLEDGMENT before me, Stacy Foss, Notary (insert name and title of the officer) personally appeared Robert L. Fisher who proved to me on the basis of satisfactory evidence to be the personN;whose name(9) is /MZ subscribed to the within instrument and acknowledged to me that heXXONIR executed the same in hisMURM authorized capacity j, and that by hisXANNU signature on the instrument the persona or the entity upon behalf of which the personM 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. Signature IIIt11N111111111111111NNN11flIMllllllllllllltlltl ItIII111111111111111111tI1111I111 (�' STACY FOSS COmmWbn i 1780422 NOWy Public - CaNlomia a= Alameda County _ g My Comm. Expires Nov 17, 2011 RRIIIIIIIIIIIIIIIIIIIIIIIIIINII111111111111111tII111111111111111111I11111111111111 lIIIIIt� (Seal) SECTION 00650 WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am 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 p I ions of that code, and I will comply with such provisions before comm ci the perform of the work of this contract." i Signature Robert L. Fisher Top Grade Construction, Inc. Name of Contractor Executive V.P. Title 2/17/11 Date ** *END OF SECTION*** Lions Creek Trail Projects 11 -CDD -181, 11 -CDD -182 SECTION 00670 -38 SECTION 00670 NOTICE OF NONDISCRIMINATION IN EMPLOYMENT The undersigned contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, marital status or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, marital status or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. The contr r agrees to post in conspicuous places, available to employees and applicants/,ror/eenployment notice to be provided by the municipality setting forth the provisions of hi ndiscrirryn on clause. 2/17/11 r,)0l/fGVyy Date Licensed General. Contractor Robert L. Fisher — Executive V.P. Top Grade Construction, Inc. Company 592597 License # ** *POST IN CONSPICUOUS PLACE OF EMPLOYMENT * ** ** *END OF SECTION * ** Lions Creek Trail Projects 11 -CDD -181, 11 -CDD -182 SECTION 00670 -39 AIR° CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) 02/16/2011 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 AOn Risk Insurance Services West, Inc. San Jose CA Office CONTACT NAME: (AICNNo.Ext): (866) 283 -7122 AI.No.: (847) 953 -5390 E -MAIL 225 W. Santa Clara St. Suite 1150 San Jose CA 95113 USA PRODUCER 980000045096 CUSTOMER ID #; INSURER(S) AFFORDING COVERAGE NAIC # PREMISES Ea occurrence) INSURED INSURERA: Old Republic General Ins Corp 24139 Top Grade Construction, Inc. 50 Contractors Street INSURER B: National Union Fire Ins Co of Pittsburgh 19445 INSURERC: GENERAL AGGREGATE Livermore CA 945514863 USA INSURER D: PRODUCTS - COMP /OP AGO $4,000,000 INSURER E: A INSURER F. LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS COVERAGES CERTIFICATE NUMBER: 570041614866 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE IN WVD POLICY NUMBER MWDD MMIDD LIMBS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X❑ OCCUR A CG EACH OCCURRENCE $2,000,000 PREMISES Ea occurrence) $100' 000 MED EXP (Any one person) $5,000 PERSONAL B ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC PRODUCTS - COMP /OP AGO $4,000,000 A AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS AlCA53171 O8 12/31/2010 12/31/2011 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY ( Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE Per aaident B X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE BE1 715 7 SIR applies per policy terns 1 & conditions 1 1 1 EACH OCCURRENCE $25,000,000 AGGREGATE $25,000,000 X DEDUCTIBLE RETENTION $10,000 A WORKERS COMPENSATION AND EMPLOYERS' LLABILITY ANY PROPRIETOR /PARTNER/ EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If ye s, describe under DESCRIPTION OF OPERATIONS below N / A AlCW5317100 12/31 2010 12/31/2011 WC STATU- OTH- X TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000' '000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Job # 31 -005. Lions Creek Trails Project, Project NOS. 11 -CDD -181 and 11 -CDD -182. City of Gilroy, its elected and appointed officers, employees and volunteers are included as Additional Insured as required by written contract, but limited to the operations of the Insured under said contract, per the applicable endorsement with respect CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Gilroy AUTHORIZED REPRESENTATIVE Attn: David Stubchaer 7351 Rosanna Street &41M �f�1W e�iLlr��tG Gilroy CA 95020 USA ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD co m `w w c v d O to C0 v V 0 0 O Z O) R V w t 4, L) AGENCY CUSTOMER ID: 980000045096 LOC #: A °� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Aon Risk insurance services west, Inc. NAMEDINSURED Top Grade Construction, Inc. POLICY NUMBER See Certificate Number: 570041614866 CARRIER see Certificate Number: 570041614866 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations / Locations / Vehicles: to the General Liability and Auto Liability olicies. The General Liability and Auto Liability evidenced herein is primary and non - contributory to other insurance available to the certificate holder, but only to the extent required by written contract with the insured. A waiver of subrogation is granted in favor of additional insureds as required by written contract but limited to the operations of the Insured under said contract, with respect to the General Liability, Auto Liability and workers Compensation policies. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD INSURED Top Grade Construction, Inc. 50 contractors street Livermore CA 945514863 USA 1 - GL AI CG 20 10 Top Grade Construction COMMERCIAL GENERAL LIABILITY Policy #A1CG53171008 CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person or organization: Location of Covered Operations: ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT Information required to complete this schedule, if not shown above, will be shown in the Declarations. 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 for the additional insured(s) at the location(s) designated above. B. with respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 (c) ISO Properties, Inc., 2004 Certificate No: 570041614866 INSURED Top Grade Construction, Inc. 50 Contractors Street Livermore CA 945514863 USA 2 - GL AI CG 20 37 POLICY NUMBER: AlCG53171008 COMMERCIAL GENERAL LIABILITY NAMED INSURED: TOP GRADE CONSTRUCTION, INC. CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional insured Person(s) Or organization(s): Location(s) of Covered Operations "where required by written contract, but only when coverage for Completed operations is specifically required by that contract ". Information required to complete this schedule, if not shown above, will be shown in the Declarations. 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". CG 20 37 07 04 (c) ISO Properties, Inc., 2004 Page 1 of 1 Certificate No : 570041614866 INSURED Top Grade Construction, Inc. 50 Contractors Street Livermore CA 945514863 USA 3 - GL Primary OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional insured Person(s) Or organization(s): Location(s) of Covered operations AS REQUIRED BY WRITTEN CONTRACT information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. if so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV - Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Top Grade Construction, Inc. Policy Number AlCG53171008 Endorsement No. Policy Period 12/31/2010 to 12/31/2011 Endorsement Effective Date: 12/31/2010 Producer's Name: CPG /Special Risk Resources Insurance Agency, Inc. Certificate No : 570041614866 INSURED Top Grade Construction, Inc. 50 Contractors Street Livermore CA 945514863 USA 4 - GL WOS POLICY NO. AlCG53171008 GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: BLANKET WHERE REQUIRED BY WRITTEN CONTRACT (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: we waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 (c) Insurance Services office, Inc., 1992 Certificate No : 570041614866 INSURED Top Grade Construction, Inc. 50 Contractors Street Livermore CA 945514863 USA 5 - Auto AI ADDITIONAL INSURANCE WHERE REQUIRED UNDER CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following is added to section II - Liability Coverage, A. - Coverage. 1, who is An Insured: d. Any person or organization to whom you become obligated to include as an additional Insured under this policy, as a result of any contract or agreement you enter into which required you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However the insurance provided will not exceed the lessor of: 1. The coverage or limits of this policy, or 2. The coverage or limits required by said contract or agreement. Named insured: Top Grade Construction, Inc Policy Number: AlCA53171008 Policy Period: 12/31/10 to 12/31/11 Endorsement Effective Date; 12/31/10 Producer's Name: CPG Special Risk Resource Insurance Agency, Inc. CA EN GN 0020 09 06 Certificate No : 570041614866 INSURED Top Grade Construction, Inc. 50 Contractors Street Livermore CA 945514863 USA 6 - Auto Primary OLD REPUBLIC GENERAL INSURANCE CORPORATION AMENDMENT OF OTHER INSURANCE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, B. - General Conditions, S. - other insurance, a. is replaced by the following: a. For any covered "auto" you own, this Coverage Form provides primary insurance. However, if there is other collectible insurance, the insurance provided by this Coverage Form with respect to such covered auto, is excess over such other collectible insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto which is a "trailer" is connected to another vehicle, the Liability Coverage this Coverage Form provides for the "trailer" is: 1. Excess while it is connected to a motor vehicle Xou do not own; 2. Primary while it is connected to a covered "auto' you own. However, if there is other collectible insurance with respect to such "trailer ", the insurance provided by this Coverage Form is excess over such other collectible insurance. Named insured: Top Grade Construction, Inc Policy Number: A1CA53171008 Policy Period: 12/31/10 to 12/31/11 Endorsement Effective Date; 12/31/10 Producer's Name: CPG Special Risk Resource insurance Agency, Inc. CA EN GN 0019 09 06 Certificate No : 570041614866 INSURED Top Grade Construction, Inc. 50 Contractors Street Livermore CA 945514863 USA 8 - Auto WOS OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following is added to section II - Business Auto Conditions, A. - LOSS Conditions, 5. Transfer of Rights of Recovery Against Others to Us: However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: 1. The "accident" or "loss" is due to operations undertaken in accordance with a written contract existing between you an d such person or organization; and 2. The contract or agreement was entered into prior to any "accident" or "loss ". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights of lien to be reimbursed for any recovery funds obtained by any injured employee. Named Insured: Top Grade Construction, Inc Policy Number: AlCA53171008 Policy Period: 12/31/10 to 12/31/11 Endorsement Effective Date; 12/31/10 Producer's Name: CPG Special Risk Resource Insurance Agency, Inc. CA EN GN 0021 09 06 Certificate No : 570041614866 INSURED Top Grade Construction, Inc. 50 Contractors Street Livermore CA 945514863 USA 7 - wC wos Endorsement: WC 99 03 15 (09/06) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE we have the 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. This agreement shall not operate directly or indirectly to benefit anyone not named in the schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT The premium charge for this endorsement is $0.00. Named insured: Top Grade Construction, Inc Policy Number: AlCW53171008 Policy Period: 12/31/10 to 12/31/11 Endorsement Effective Date; 12/31/10 Producer's Name: CPG Special Risk Resource insurance Agency, Inc. WC 99 03 15 (09/06) Certificate No : 570041614866 City of Gilroy ( "the Agency") GENERAL LIABILITY ENDORSEMENT 7351 Rosanna Street Gilroy, CA 95020 Attn: Risk Manager A. POLICY INFORMATION Endorsement No. 1. Insurance Company Old Republic General Ins Corp policy WCG53171008 2. Policy Term (from) t213 j2 10 1 (to )t2/31/2012 3. Named Insured_ Top Grade Constructions, Inc. 4. Address of Named Insured 50 Contractors`Street, Livermore CA 94551 -4863 R' 5. Limit of Liability Any One Incident/Aggregate $ 2,000,000 / 4,000,000 6. Deductible or Self- Insured Retention: (Nil unless otherwise specified): $ 7. Coverage is. equivalent: Comprehensive General Liability form GL0002 (Ed 1/73) Comprehensive General Liability "occurrence" form CG0001 Comprehensive General Liability "claims- made" form C00002 ........................ ............................... 8. Bodily Injury and Property Damage Coverage is; "claims- made" - "occurrence" if claims -made, the retroactive date is NOTE: The Agency's standard insurance requirements specify "occurrence" coverage. "Claims- made" coverage requires special approval. B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The Agency, its elected and appointed officers, officials, employees and volunteers -are included as insureds with regards to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the Agency; or (b) products sold by the Named Insured to the Agency; or (c) premises leased by the Named Insured from the Agency, the insurance afforded by this policy shall be primary insurance as respects the Agency, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Agency, its elected or appointed officers, officials, employees and volunteers shall be in excess of this insurance and shall not contribute with it. 3. SCOPE OF COVERAGE. This coverage, if primary, affords coverage at least as broad as: (f) Insurance Services Office form number GL 002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Lions Creek Trail Projects 11 -CDD -181, 1I -CDD -182 SECTION 00630 -35 comprehensive General Liability endorsement: or (2) Insurance Services Office Commercial General Liability Coverage, `occurrence" form CG 0001 or "claims- made" form CG 0002; or (3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding sections (1) and (2), 3. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company's limit of liability. 4. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Agency, its elected or appointed officers, officials, employees or volunteers. 5. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail return receipt requested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATTN: Claim Department (Title} (Department) Old Republic Construction Program Group (Company ) , (Address) 225 S Lake Ave, Suite 900, Pasadena CA 91101 1- 866 - 283 -7122 (Telephone) D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, Susan Gale —(print/type name %garrant that I hAve authority to bind the below listed insurance company and by my signature hereon do so bind t man . / �'' f�' <z S ATURE OF AUTHORIZED REPRE ENT VE (original signature re uirey on endorsement furnished to the Agency) ORGANIZATION Aon Risk Solutions ,� lient S3ecta ist ADDRESS 1000 Milwaukee Ave, Glenview IL 60025 847 -953 -5694 _ _ —_ -- TELEPHONE Lions Creek Trail Projects 11 -CDD- 181,11 -ODD -182 SECTION 00630 -36 SECTION 00630 CERTIFICATE OF INSURANCE Return Completed Certificate to City of Gilroy (Agency) This certifies to the Agency that the following described policies have been issued to the Insured narned below and are in force at this time. Insured 7cs>�' 6-10,00E- G:-�n Address ,5 c? Description of operations /locations /products insured (show contract name and /or number, if any): POLICIES AND INSURERS Bodily LIMITS Property POLICY EXPIRATION Injury Damage NUMBER DATE Workers' Compensation Employers Liability $ 1,000,000/1,000,000 /1,000;000 1CW53171008 12/31/2011 (Name of Insurer) Old Republic General Ins Corp A (Best's Rating) Check policy type: "Claims Made" Occurrence XXx 1CG53171008 12/31/2011 COMPREHENSIVE Each Each GENERAL Occurrence Occurrence LIABILITY XXX , or $ 2,000,000, $ COMMERCIAL GENERAL Aggregate Aggregate LIABILITY $ 4,000,000 $ or Combined Single Limit (Name of Insurer) $ Aggregate $ (Best's Rating) Old Republic General Ins Corp A BUSINESS AUTO POLICY Each Person Each Accident Liability Coverage Symbol 18 9 $ $ $ Each Accident Old Republic General Ins Corp $ 1,000,000 AlCA53171008 12/31/2011 or, Combined Single Limit $ UMBRELLA LIABILITY "Claims Made" Occurrencexxx BE19715067 12/31/2011 Occurrence /Aggregate $ 25,000,000 (Name of Insurer) Self - Insured Retention $ 10,000 (Best's Rating) National Union Fire Ins Co of Pittsburgh A Lions Creek Trail Projects 11 -CDD -181, 11 -ODD -182 SECTION 00630 -33 The following coverage or conditions are in effect: Yes No The Agency, its officials, and employees are named on all liability policies Y described above as insureds as respects: (a) activities performed for the Agency by or on behalf of the Named insured,. (b) products and completed operations of the Named Insured, and (c) premises owned, leased or used by the Named Insured. Products and Completed Operations y; The undersigned will mail to the Agency 30 days written notice of cancellation or reduction of coverage or limits Cross Liability Clause (or equivalent wording) Y Personal Injury, Perils A, B and C y Broad Form Property Damage y ; X, C, U& Hazards included Y Contractual Liability Coverage applying to this Contract y Liquor Liability Coverage afforded the Agency, its officials, employees and volunteers as Insureds applies as primary and not excess or contributing to any insurance issued in the Y name of the Agency Waiver of subrogation from Workers' Compensation Insurer y; This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or after the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Aon Risk Ins Services West, Inc. Agency or Brokerage V Old Republic General Ins Corp Insurance Company 225 W Santa Clara St #1150, San Jose CA 95113 Address Hn e Office Anna Sweeten �L Gig/h i Name of Person to be Contacted Authorized Signature Date 2/16/2011 408 535 -2811_ Telephone No. ._�_� Note; Authorized signatures may be the agent's if the agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of official of insurer. Lions Creek Trail Projects 11 -CDD -181, 11 -CDD -182 SECTION 00630 -34 WORKER'S COMPENSATION /EMPLOYERS LIABILITY ENDORSEMENT The City of Gilroy ( "the Agency') 7351 Rosanna Street Gilroy, CA 95020 Attn: Risk Manager A. POLICY INFORMATION Endorsement # 1. Insurance Company Ord Republic General Ins 'corp ( "the Company") Policy Number Aicw53171008 2. Effective Date of This Endorsement 12/31/2010 3. Named Insured Top Grade Construction, Inc. 4. Employer's Liability Limit (Coverage B) B. POLICY AMENDMENTS In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. Cancellation Notice. The insurance afforded by this polioy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail return receipt requested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement. 2. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the Agency, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Agency. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER l Susan Gale (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind thicompany.� / SIGNATURE OF AUTHORIZED REP ES TATIVE (original signature required on endorsement furnished to the Agency) Aon Risk Solutions Client Specialist ORGANIZATION ADDRESS 1000 Milwaukee, Glenview, IL 60025 TE LE Pl-O N A47- 953 -5694 Lions Creek Trail Projects 11 -CDD -181, 11 -CDD -182 SECTION 00830 -37