HomeMy WebLinkAboutDevcon Construction - Library Construction
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CO~TYDEVELOPMENTDEPARTMENT
7351 Rosanna Street, Gilroy, CA 95020
AGREEMENT
Section 00500
Project No. 10-CDD-173
New Gilroy Public Library Project- Phase 2 Construction
THIS AGREEMENT, made this 15th day of June 2010, by and between the City of Gilroy, hereinafter called the
"City," and Devcon Construction hereinafter called the "Contractor."
W!TNE~~E TH:
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 Project No. 1O-CDD-173, New
Gilroy Public Library Project - Phase 2 Construction, 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 Wark 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 and as adjusted in Addendum 3 dated May 17th,
2010 subject to extension as expressly provided in the Contract Documents. Contractor shall complete building Final
Completion within 540 calendar days from the issuance of the Notice to Proceed.
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 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. LIQUIDATED DAMAGES SHALL BE IN THE AMOUNT
OF TWO THOUSAND ($2,000) PER CALNDER DAY FOR EACH DAY THE PROEJCT IS NOT COMPLETED
2
WITHIN THE TIME FRAMES ESTABLISHED IN THE TIME OF COMPLETION PER PARAGRAPH 00810-
2.0. 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.
~
City's Initials
4f7..
Contractors Initials
Article 4. Contract Price.
In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City
I pay the Contract Price of Eighteen Million One Hundred and Seventy Seven Thousand and Five Hundred and
ty Six Dollars ($18,177,586), as more specifically specified below:
d.
Base bid
Alternate 1
(pV Panels at Trellis)
Alternate 2
(Solar Panel Maintenance)
Alternate 3
(Rosanna Street Improvements)
Alternate 4
(Floor moisture protection)
$17,263,444
58,376
a.
b.
c.
1,536
800,000
e.
53,870
Total contract amount
$18,177,226
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 all of 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
Agreement
Acknowledgements
Performance Bond
Payment Bond
General Conditions
Project No. 10-CDD- 173
City of Gilroy New Library Project Phase 2 Construction
June 15, 2010
Agreement
Section 00500
3
Supplementary Conditions
General Requirements
Standard Specifications
Technical Specifications
Drawings
Addenda, if any
Executed Change Orders, if any
Notice of Award
Notice to Proceed
Refer to Exhibit "A" to the Agreement dated Jun 15th, 2010 for a detailed listing of all contract documents in addition
to the above listed items.
Article 6. Miscellaneous.
Capitalized terms used in this Agreement which are defined in Section 01090, References, of the Contract Documents
will have the meanings 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 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, and P.O. Box 26000, Sacramento, California 95826.
IN WITNESS WHEREOF, this agreement has been executed on this J3-tn day of Ju1'11 ;)0/ D.
Project No. 10-CDD- 173
City of Gilroy New Library Project Phase 2 Construction
June 15, 2010
Agreement
Section 00500
4
Devcon Cons { ction
Name of Contra or
(Tho ('A{li; 3: I4adu YL cL
CAli /W)\.U,Wqr~
Signature or- oru~ac r \ ba^j ~ " '"1 dt \
ATTEST: \
,t&W\
Title of Signator
Title of Signator
Approved as to form:
,)f ~ /t .&:4'~~ Attorney
Li n dt<.. CA I/o Yl
***END OF AGREEMENT***
Project No. 10-CDD- 173
City of Gilroy New Library Project Phase 2 Construction
June 15, 2010
Agreement
Section 00500
Bond Number: 105451456
Premium: $163,595.00
SECTION 00610
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of Gilroy,
hereinafter designated the "City," has, on June 15 , 2010, awarded to, hereinafter
designated as the "Principal," a Contract for the construction of the New Gilroy Public Library
Project - Phase 2 Construction, Project No. 1 O-CDD~ 173, 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 * dollars ($18 , 177 , 220 . 00) 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.
Project~o. 10-CI>J)-173
New Gilroy Public Library Project
SECTION 00610-1
* Eighteen Million One Hundred Seventy-Seven Thousand Two Hundred Twenty Dollars and 00/100
IN WITNESS WHEREOF, the above bounden parties have executed this instru~ent under their
seals this 22nd day of June , 2010 , the name and corporate seal of each corpor~.te
party being hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
Devcon Construction, Inc.
Principal
(Seal)
Signatur
Casualty and Surety Company of America
**** END OF SECTION ****
Project No. 1O-CDD-173
New Gilroy Public Library Pr~iect
SECTION 00610-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.
State of California
}
County of ~~ Q\av 0-
On LO\oOJ\a before me,
Date
personally appeared e,~~ ,\=-,\ \"'Z.e..~
Name(s) of Signer(s)
.
BARBARA LAMICA
Commission # 1827629
Notlry Public. Cllifomla I
Santi Cla'l County
Comm. E res Otc 20 2012
who proved to me on the basis of satisfactory evidence to
be the person(~whose name(~is/aJ<! subscribed to the
within instrument and acknowledged to me that
he/s'tIWt~y executed the same in his/tM/tl:Mflr authorized
capacity(iNl, and that by his/~/tbeir signature(sr 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 s~eal.
Signature~ ~
Signature ot 0 ary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Place Notary Seal Above
Signer(s) Other Than Named Above:
Number of Pages:
Document Date:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
[] Individual
[] Corporate Officer - Title(s):
[] Partner - [] Limited [] General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
RIGHT THUMBPRINT
OF SIGNER
Top at thumb here
Signer's Na
[] Individual
[] Corporate Officer -
[] Partner - [] Limited
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
RIGHT THUMBPRINT
OF SIGNER
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~
Signer Is Representing:
Signer Is Representing:
.
@2007 National Notary Association. 9350 De Soto Ave., PO. Box 2402 . Chatsworth, CA 91313-2402. wwwNationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
liW~~~~~~.&'~~~~~~.&.&.&~~~W'~~
County of
Santa Clara
}
State ol California
On June 22, 2010 before me, Sarah M. Lorincz, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Danij ela Mosunic
Name(s} of Signer(s}
who proved to me on the basis of satisfactory evidence to
be the personOO whose nametX) islKdi subscribed to the
within instrument and acknowledged to. me that
~she1QJey(executed the same in MOO1e~iXauthorized
capacityQeJO, and that by'>>OO'her~iXsjgnatureOO on the
instrument the personOO, or the entity upon behalf of
which the personOO acted, executed the instrument.
SARAH M. LORINCZ
_ . Commission # 1805285
~ '~ Notary Public - California ~
J .,..:~ Santa Clara County . ~
II _ ~ ""'tr~ ~O:~._EX~i~:J~12' 30;~
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above
d official ~
/11.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Slgner(s)
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~'==-~~~~~~~~~
@2007National Notary Association' 9350 De Soto Ave.. P.O. Box 2402 'Chatsworth,CA 91313-2402. www.NationaJNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827
Bond Number: 105451456
Premium Included In Performance Bond
SECTION 00620
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of GiIrov ,
hereinafter designated as the "City," has, on June 15 , 201 q awarded to , hereinafter
designated as the "Principal," a Contract for the construction of the New Gilroy Public Library
Project Phase 2 - Construction, Project No.1 0-CDD-173, 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 * Dollars (.K
$18,177,220.00) 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: (l) 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
kin; 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.
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
Project No.1 0-COO-I?3
New Gilroy Public Library Project
SECTION 00620-1
* Eighteen Million One Hundred Seventy-Seven Thousand Two Hundred Twenty Dollars and 00/100
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 22 nd day of June , 2010, 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.
Devcon
struction, Inc.
Principal
Title
Signature for Surety
lty and Surety Company of America
Surety J ^
(Seal) ~Ml), ~-
TitleDanijela Mosuni\ic, Attorney-In-Fact
**** END OF SECTION ****
Project No. 10-CDD-173
New Gilroy Public Library Project
SECTION 00620-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.
State of California
}
County of ~'(\\a Ola\( 0
On LOloo/\o before me, 'W
Date .
personally appeared ~ "'~ \ -ze.\\\
Name(s) ot Signer(s)
.
BARBARA LAMICA
Commission # 1827629
Notary Public . California ~
Santa Clara County -
COI'IlIII. E r.. Dee 20. 2012
who proved to me on the basis of satisfactory evidence to
be the person~ whose name~s/~ subscribed to the
within instrument and acknowledged to me that
he/s~~ey executed the same in his/h~/~ir authorized
capacity(i~), and that by his/h~t~signature('&} on the
instrument the person~, or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official sea~L? ~
Signature~ ~
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Place Notary Seal Above
Document Date:
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Top of thumb here
igner's Name:
D 'vidual
D Corpo Officer - Title(s):
D Partner - imited D General
D Attorney in Fac('.,.
D Trustee
D Guardian or Conservator ~"%
o Other: ~"
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
@2007 National Notary Association. 9350 De Soto Ave., PO. Box 2402 . Chatsworth, CA 91313-2402. www.NationaINotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
w~~~~~~~~~~~.&..iW~~~~~~~
State of California
}
County of Santa Clara
On June 22, 2010 before me, Sarah M. Lorincz, Notary Public
Date Here Insert Name and TItle or the Officer
personally appeared Danij ala Mosunic
Name(s) of Signer(s}
who proved to me on the basis of satisfactory evidence to
be the personOO whose nameOO islKU[ subscribed to the
within instrument and acknowledged to me that
Hshe1<li\'1V{executed the same in N~eOOieiXauthorized
capacityQe1O, and that byllOOher1<li\'1iXsignatureOO on the
instrument the personOO, or the entity upon behalf of
which the personOO 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.
Place Notary Seal Above
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:
Signer(s) Other Than Named Above:
Capaclty(les} Claimed by Slgner(s}
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
~~~~~~~~~~
@2oo7 National Notary Association. 9350 De Solo Ave., P.G. Box 2402. Chalsworth, CA 91313-2402. www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
. . ~
TRAVELERSJ
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
Attorney-In Fact No.
217290
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 3 2 3 5 3 4 3
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Ronald G. Speno, Francis E. Cook, Charles M. Griswold, and Danijela Mosunic
of the City of S:m Tm:~ , State of r~lif()mi~ , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity 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 fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or pe!1ll.ittcd in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument. to be signed and their corporate seals to be hereto affixed, this
day of September 2009
16th
Farmington Casualty Company
Fidelity and Guaranty Insli~ance COmpanY
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
€>
State of Connecticut
City of Hartford ss.
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
.~..~;--...
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\ ~\ SEAL j 0
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-.....:..~....~... .,.~:
....
By:
On this the 16th day of September 2009 ,before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
58440-4-09 Printed in U.S.A.
'\<\w c. j~
'" Marie C. Tetreault, Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, FiGelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows;
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian InsUJance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and Uniteg States Fidelity and q~nty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, which i~ in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 22nd day of
June
2010
, -'
Kori M. Johans
e
@
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the
above-named individuals and the details of the bond to which the power is attached.
~
ACORDS CERTIFICA TE OF LIABILITY INSURANCE r DATE (MM/ODIYYYY)
~ 0~128110
PRODUCER LIC #0726293 1-408-973-9500 THIS CERTIFICATE IS ISSUED AS A MATTER o.F INFo.RMA Tlo.N
Arthur J. Gallagher &: Co. o.NLY AND Co.NFERS NO. RIGHTS UPo.N THE CERTIFICATE
Insurance Brokers of California, Inc. Ho.LDER. THIS CERTIFICATE Do.ES No.T AMEND, EXTEND o.R
One Almaden Boulevard AL TER THE Co.VERAGE AFFORDED BY THE Po.LlCIES BELo.W.
Suite #960
San Jose, CA 95113 INSURERS. AFFORDING. COVERAGE NA!e#'
AJG
INSURED INSURER A: Zurich American Ins Co 16535
Devcon Construction, Inc. ~d9445
INSURER B: National Union Fire Ins Co Of Pittsbu
690 Gibraltar Drive INSURER C: American Zurich Insurance Co. 40142
Milpitas, CA 95035 INSURERD:American Intl Snecialtv Lines Ins Co 26883
I INSURER E: Travelers Pronertv Cas Co of Amer 25674
COVEP-AGES
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.
IN~: M~'?;~ POLICY NUMBER POLICY EFFECTIVE ~~!rIf;M EXPIRATION LIMITS
A X ~ERAL LIABILITY GL05345476-05 04/30/10 04/30/ll EACH OCCURRENCE $ 1,000,000
X COMMERCW- <r..N'""eRAL LIA~1l1TY DAMAGE TO RENTED $ 31).0, ~~~
PREMiSES lEa occurrence.
I CLAIMS MADE [iJ OCCUR MED EXP (Anyone person) $ 10,000
X Contractors Liability PERSONAL & AnV INJURY $ 1,000,000
X Blkt Additonal Insure GENERAL AGGREGATE $ 2,000,000
n'L AGGR~E LIMIT APf::!~t PER: PRODUCTS - COMPIOP AGG $ 2,000,000
POLICY X ~~g: LOC
A ~T(A'vtOBll'E LIABlLrn' BAP.S34SnS-OS 04/30/10 tl4/~Olll COMBINED SINGLE LIMIT
...!.... (Ea accident) $ 1,000,000
ANY AUTO
- ALL OWNED AUTOS BODILY INJURY
(Per person) $
- SCHEDULED AUTOS
X HIRED AUTOS BODILY INJURY
- $
...!.... NON-aWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
B ~ESS I UMBRELLA LIABILITY BE 77710254 04/30/10 04/30/ll EACH OCCURRENCE $ 25,000,000
X OCCUR 0 Cl.AlMS MADE AGG~GATE $ 25,0.0.0., ~~o
$
8 DEDUCTIBLE $
X RETENTION $ 10,000 $
C WORKERS COMPENSATION WC2979059-10 04/30/10 04/30/ll X WC STATU- I IOJb'-
AND EMPLOYERS' LIABILITY Y/N
ANY PROPRIETORIPARTNERlEXECUTIVE [D E.L. EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA ~LOYEE
(lV.andatory. in. rat) $ 1, noo, 000
~~~M~~~~,Jj~1oos below E.L. DISEASE - POLICY LIMIT $ 1,000,000
OTHER
D Pollution Liability CPO 1421304 04/30/09 04/30/ll Each Loss/Agg 5,000,000
E Leased/Rented Equipments QT-630-5429B804-TIL-l0 04/30/10 04/30/ll Per It em/L imi t 500,000
DESCRIPTION OF OPERA TrONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: Project #10-CDD-173; City of Gilroy, New Pub~ic Library.
Additional Insureds: City of Gilroy and Nova Partners.
CERTIFICATE Ho.LDER
CANCELLATlo.N Ten Day Notice for Non-Payment of Premium
SHOULD ANY OF THE ABOIIE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Gilroy DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 2L DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
7351 Rosanna Street
REPRESENTA TIllES.
Gilroy, CA 95020 AUTI-lORIZED REPRESENTATIVE /4A,{A!t~ -
I USA
ACo.RD 25 (2009/01) slweis
16410339
@ 1988-2009 ACo.RD Co.RPo.RATlo.N. All rights reserved.
The ACQRD name and logo afe n~gistered marks of ACORD
SUPPLEMENT TO CERTIFICATE OF INSURANCE
NAME OF INSURED: Devcon Construction, Inc.
Additional Description of Ooerations/Remarks from Paae 1 :
Additional Information:
Includes:
General Liability:
Additional Insured-Automatic-Owners, Lessees Or Contractors as required by written contract per
attached fo~ U-GL-1175 B ON (3/2007).
Coverage is Primary per attached fo~ U-GL-1175 B ON (3/2007).
SUPP (05/04)
DATE
06/28/10
Additional Insured - Automatic - Owners, Les-
sees Or Contractors
@
ZURICH
Policy No. Exp. Date of Pol. Eff. Date of End. Agency No. Addl. Premo Return Premo
GLO 5345476-05 04/30/2011 04/30/2010
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured: Devcon Construction, Inc.
Address (including ZIP Code): 690 Gibraltar Drive, Milpitas CA 95035
Tl1j~ end.Qr~EMnent mQd.lfie~ In~Yn~n~ P-fQvjded under the:.
Commercial General Liability Coverage Part
A. Section II - Who Is An Insured is amended to include as an insured any person or organization who you are re-
quired to add as an additional insured on this policy under a written contract or written agreement.
B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property
damage" or "personal and advertising injury" covered under SECTION I - Coverage A - Bodily Injury And
ProperlY llifiilage Liilhirtfy aile Seelit'iill - Ciiverilge B - Pe-i'80ilill Anti Aa~rliSiitg IilJury LiilbmIy., eulliiity
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; and resulting directly from:
a. Your ongoing operations performed for the additional insured, which is the subject of the written contract
or written agreement; or
b. "Your work" completed as included in the "products-completed operations hazard", performed for the ad-
ditional insured, which is the subject of the written contract or written agreement.
C. However, regardless of the provisions of paragraphs A. and B. above:
1. We will not extend any insurance coverage to any additional insured person or organization:
a. That is not provided to you in this policy; or
b. That is any broader coverage than you are required to provide to the additional insured person or organiza-
tion in the written contract or written agreement; and
2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower
of:
a. The Limits ofInsurance provided to you in this policy; or
b. The Limits ofInsurance you are required to provide in the written contract or written agreement.
Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1175-B CW (312007)
Page 1 of2
D. The insurance provided to the additional insured person or organization does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to
render any professional architectural, engineering or surveying services including:
1. The.preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field
orders, change orders or drawings and specifications; and - - "
2. Supervisory, inspection, architectural or engineering activities.
E. The additional insured must see to it that:
1. Weare notified as soon as practicable of an "occurrence" or offense that may result in a claim;
Z. We feceiveWfitteit nouce uTa Claim Uf- t'i$uit" itS soon a!! pfacticable;aitil
3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued
by another insurer under which the additional insured may be an insured in any capacity. This provision does
not apply to insurance on which the additional insured is a Named Insured, if the written contract or written
agreement requires that this coverage be primary and non-contributory.
F. Ilor thewv<<a:ge provided by lhisendorsement:
1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV - Com-
mercial General Liability Conditions:
This insurance is primary insurance as respects our coverage to the additional insured person or organization,
where the written contract or written agreement requires that this insurance be primary and non-contributory.
In that event, we will not seek contribution from any other insurance p.o1icyavailable to the additional insured
on which the additional insured person or organization is a Named Insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV - Com-
mercial General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contin~ent or on any other basis, available to an additional
insured, in which the additional insured on our policy is also covered as an additional insured by attachment of
an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". This provision
does not apply to any policy in which the additional insured is a Named Insured on such other policy and where
our policy is required by written contract or written agreement to provide coverage to the additional insured on
a primary and non-contributory basis.
G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement
showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to
that identified additional insured.
Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as
written.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
U-GL-1175 B CW (3/2007)
Page 2 of2
IMPORTANT
tf the certificate holder is an ADDtTlo.~AL INSURED, the poticy(ies} must be ~ndo:...sed. 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 tenns 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
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative Qrp.ro.ducer,an.d the certificate holder, nor does it affirmatively Qr negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/01)
SE.CTION 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 named below
and are In force at this time.
Insured
Address 690 Gibraltar Dr., Milpitas,. CA 95035
Description of oDerationsllocations/products insured (show contract name andlor number. if any):
POLICIES AND INSURERS Bodily LIMITS Property POLICY EXPIRATION
Injury Damage NUMBER DATE
Workers' Compensation
(Name of Insurer)
Zurich American Ins
(Best's Rating) A XV
Che~ policy type:
COMPREHENSIVE
GENERAL
LIABILITY . or
COMMERCIAL GENERAL
LIABILITY X .
(Name of Insurer)
Zurich American Ins
(Best's Rating). A XV
BUSINESS AUTO POLICY
LiabiUty Coverage
Symbol 1
UMBRELLA LIABILITY
(Name of Insurer)
Nat'l Union Fire
(Best's Rating) A XV
ProjeQtNo.lO-CDD-173
New Gilroy Public Library Project
Employers Liability
$1,000,000
~ C2979059 10
04/30/11
aClalms Made" _~urre~
Each Each
Occurrence Occurrence
$ $1,000,0(0
Aggregate Aggregate
$ $2,000,0( 0
or Combined Single Limit
$
Aggregate $
GL053454 6-05
04/30/11
EaCh Person
Each Accident
$ $ $
Each Accident
$
or, Combined Single Umlt $1, 000 , 00 C
BAP53454 5-04
04/30/11
.Claims Made" Occurrence
Occurrence/Aggregate $ 25,000,000
Self-Insured Retention
Ins. $ 10,000
BE777102 4
04/30/11
SECTION 0063()..1
-
The following coverage or conditions are In effect Yes No
The Agency. Its officials. and employees are named on all liability policies
described above as insureds as'respects: (a) activities performed for the Agency X
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 X
The undersigned will mail to the Agency 30 days written notice of cancellation or X
reduction of coverage or limits
Cross Uability Clause (or equivalent wording) X
Personal Injury, Perils ^ Band C X
Broad Form Property Damage x
X. C. U& Hazards included X
Contractual Liability Coverage applying to this Contract X
Liquor Liability (HOST) X
Co~erage afforded the Agency, its officials, employees and volunteers as Insureds
applies as primary and not excess or contributing to any insurance issued in the X
name of the Agency
Waiver of subrogation from Workers' Compensation Insurer . X
This certificate is issued as a matter of information. This certificate is not an insurance policy and does not
amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement,
term or condition of 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 subj eet to all the terms,
exclusions and conditions of such policies.
Arthur J. Gallagher & Co.
Agency or Brokerage
1 Almaden Blvd, Ste 960
Address San Jose CA 95113
Ronald G. Speno
Name of Person to be Contacted
See Certificate
Insurance Company
Home Office
~/~ho
Date
Authorized Signature
Telephone No. 408 - 973 - 9 5 0 0
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.
Project No. 10-COD-.173
New Gilroy Public Library Project
SECTION 00630-2
City of Gilroy ("the Agency")
7351 Rosanna Street
Gilroy. CA 95020
Attn: Risk Manager
GENERAL LIABILITY ENDORSEMENT
A. POLICY INFORMATION
1. Insurance Company Zurich American Ins.
2. PolicyTenn (from). 04/~O/J 0 (to) 04/30/11
3. Named Insured Dpvcon Construction. Inc.
4. Address of Named Insured 690 Gibraltar Ave., Milpitas, CA 95035
5. Limit of Liability Any One Incident! Aggregate $1 . 000 . 00 0
6. Deductible. or Self-Insured Retention:
(Nil unless otherwise specified): $150,000 (deductible)
7. Coverage is equivalent:
Comprehensive General Liability form GL0002 (Ed 1/73)_
Comprehensive General Liability "occurrence" form caooo 1 1?'/ 0 7
Comprehensive General Liability "claims-made" form CG0002_
8. Bodily Injury and Property.Damage Coverage is: "claims-maden - ~urren~
if claims-made, the retroactive date is N / A
Endorsement No.
Policy No.
NOTE: The Agency's standard insurance requirements specify "occurrence" coverage. "Claims-maden
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 owne<4 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, ifprimary, affords coverage at least as broad as:
(1) Insurance Services Office form number GL 002 (Ed. 1/73), Comprehensive General Liability
Insurance and Insurance Services Office form number GL 0404 Broad Form comprehensive
General Liability endorsement: or
(2) Insurance Services Office Commerciitl General Liability Coverage, "occurrence" form CO 0001
Project No. 10-CDD-173
New Gilroy Public Library Project
SECTION 00630-3
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 o'r 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:
ATfN: Charlavne Lacy'
(Title) (Department)
(Company) Arthur J. Gallagher & Co.
(Address)
1 Almc;.t.Jt:l.I. :81 vd, .3al... Jose, CA :)~llJ
.(T~~hon~ 408-973-9500
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OFTHE INSURER
I, Ronald G. Speno (print/type name), warrant that I have authority to bind the below listed
insuran~ company and by my signature .hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the Agency)
ORGANlZATloNA-.rthur J. Gallagher & '1mB Area President
1 Almaden Blvd, Suite 960
ADDRESS Gan Jooc ell. 9S11J' TELEPHONE 408-973-9500
Project No. 10-CDD-173
New Gilroy Public LibraT)' Project
SECTrON 00630-4
WORKER'S COMPENSATION/EMPLOYERS LIABILITY ENDORSEMENT
The City of Gilroy ethe Agency")
7351 Rosanna Street
Gilroy, CA 95020
Attn: Risk Manager
A. POLICY INFORMATION
Endorsement #
1. Insurance Company Zurich American Ins.
Policy Number . WC2979059-10
2. Effective Date of This Endorsement 04/30/10
3. Named Insured Devcon Construction, Inc.
4. Employer's Liability Limit (Coverage B) $1 , 000 , 0 00
B. POLICY AMEND~NTS
("the Company")
In consideration of the polley premium and notwithstanding any inconsistent statement in the policy to which this
endorsement Is ~ttached or any other endorsement attached thereto, It is agreed as follows:
1. Cancellation Notice.' The insurance afforded by this policy shall not be suspended, voided, cancelled,
reduced in coverage or in limits eXCf?pt 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 tenns
of this policy which arise from work perfonned by the Named Insured for the Agency.
c. SIGNATURE OF INSURER OR AUTHORIZ~D REPR~SENT A TIVE OF THE INSURER
I, . Ronal d G. Speno (print/type name), warrant that I have authority to bind the below nsted
Insurance company and by my~o bl~d this c~ny.
SIGNA TORE OF AUTIIORIZED REPRESENTATIVE
. (original signature required on endorsement furnished to the Agency)
ORGANUATIONArthur J. Gallagher & TBtE Area President
1 Almaden Blvd, Suite 960
ADDRESS ~;:m .TnJ::p ('~ qt;11 ~ TELEPHONE 408-973-9500
Project No. 1 ()..CO()..173
New Gilroy Public Library Project
SECTION 00630-5
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 t undertake self-insurance in
accordance with the provisions of that code, and I will comp with such provisions before
commencing the performance of the work of this contract."
Si e \ &av'j ~il i Z.e-\;\-;
DevconlConstruction, Inc.
Name 0 Contractor
Preside t
Title
Date
**** END OF SECTION ****
Project No. 10-CDD-I?3
New Gilroy Public Library Project
SECTION 00650-1
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 contractor agrees to post in conspicuous places, available to employees and applicants for
employment notice to be provided by the municipality setting forth the provisions of this
nondiscrimination clause.
June 30. 2010
Date
Devcon Construction. Inc.
Company
***POST IN CONSPICUOUS PLACE OF EMPLOYMENT***
***END OF SECTION***
Project No. IO-CDD-173
New Gilroy Public Library Project
SECTION 00670-1