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00-047 Silicon Valley PavingbO,Du~ E. CONTRACT FOR PUBLIC WORKS This CONTRACT made on ~~~ b ~ ( by the CITY OF CUPERTINO, a municipal corporation of the Stat of Califc-rnia, hereinafter called CITY, and SILICON VALLEY PAVING, INC., hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1. THE CONTRACT DOCUMENTS. Th~~ complete contract consists of the following contract documents: a. Notice to Contractors, Proposal,. Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form. b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications for PAVEMENT ieESTORATION, PROJECT 2001-02 d. Faithful Performance Bond and Materials Bend. e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. £ This Contract for Public Works. All of the above documents are intended to coc-perate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of confli~~t between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work of PAVEMENT RESTORATION, PROJECT 2001-02, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CI~,Y, which Plans and Specifications are entitled, respectively, PAVEMENT RESTORATIOl~; PROJECT ZOOI-02and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, fac;ilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. Contract Page 1 of 7 CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Ralph A. Qualls, Jr. 3. CONTRACT PRICE. CITY agrees to p<<y, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of $170,540.20 (ONE HUNDRED SEVENTY THOUSAND AND FIVE HUNDRED FORTY DOLLARS AND TWENTY CENTS) subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with Section 6, paragraph "f' of the General Provisions. 5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection '~,y CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to CITY of its readiness for inspection and without the approval thereo F or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'.3 expense. 7. EXTRA OR ADDITIONAL WORK AN1C~ CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans and Specifications or the Contract Documents, CITY shall have the right to do so, and the same shall in no way affect or make void t:he Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determin~~d either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in a~~cordance with the agreement of the parties. No extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, a1d by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMEN'T'AL REQUIREMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. Contract Page 2 of 7 CONTRACTOR shall be paid for such changers either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties. 9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. TIME FOR COMPLETION. All work: under this Contract shall be completed in accordance with the Time for Completion section in the Proposal and the Specifications of this project. If CONTRACTOR shall be delayed ire the work by the acts or neglect of CITY, or its employees, or those under it by contract or othE:rwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or ley delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arr~mge for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR I:vSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provi:>ions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons, for CITY'S intention to terminate the Contract, and unless within ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereon.' be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take; over and perform the Contract, or does not commence performance thereof within thirty 1;30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for thy: account and at the expense of CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may lie on the site of the work and necessary therefor. Contract Pave 3 of 7 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services rendered and materials furnished in and about the work. City may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent o:f CONTRACTOR, and any payment so made by CITY shall be considered as a payment made cinder the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTt~R for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY' S Notice to Contractors. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE AVENUE; C~UPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S dl~ly authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to, SILICON VALLEY PAVING,I:yC., P.O. BOX 26558, SAN JOSE, CA 95159- 6558 postage prepaid and certified; and (c) if n~~tice is given to CONTRACTOR' S surety or any other person, either by personal delivery thereo:F to CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the ca;~e may be, at the address of CONTRACTOR' S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall',oe assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in writing to some other material, proce;;s or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. Contract Pale 4 of 7 17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all subcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. In signing this Contract CONTRACTOR make; the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provision~~ of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in .accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify CITY for airy damage to the work caused by Acts of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency l:y the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform vrith the Plans and Specifications or any written authorized deviations therefrom. In case of Duly defect in the work, materials, apparatus or equipment, whether latent or patent, revealed. to CITY within one (1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. Contract Page 5 of 7 P.O• NO•--~ ht for the term of The City reserves the rig rice. The BRED ALTERNATE SELECTIC N• E f none, any or all alternate bidritom o be constructed in the 21. DEF the Contract, the deferred selection ° tes currently under constructio alternates chosen would be for any t the day and future. ~ WI`iTTESS WHEREOF, year first hereinabove written. CITY OF CUPERTINO CONTRACTOR: ing~ Inc. Silicon v _ Todd S~gstad gy. Mayor ~C. Attest: City Cl Dater-~ AppROVED AS TO FO ect Name & Number: Pavem~ 200 a OZ ration, Prof Probe 732923-A Contractor's License No• ~~ paving, Inc• Contractor's Name & Address: Silicon' x 26558 p,p. B San Jose, Ca 95159-6558 Contract Amount: $170,540.20 Account Number' 270-8404-7015 File No: 98,493.68 he arties have executed this Contract, in duplica e, t p gy: ment is required. If a Notary aclmOV`'ledg orate orate seal and core corporation, Corp ackno~,ledgment and Federal Tax notary oration a I.D. are required. If not auo d Social Security No. is req 77-0503684 Social Security # Federal Tax I.D• # Contract Page 6 of 7 1 CITY OF CUPEI~TINO City Hall 10300 Tone Avenue Cupertino, CA 95014-3255 Telephone: (408)777-3354 FAX: (408)777-3333 PUBLIC WORKS DEPARTMENT ANNUAL SLUURRY SEAL ~'~ b0~ PROJECT NUMBER 2000-101 CONTRACT CHArfGE ORDER NO.1 Contractor VALLY SLURRY SEAL CO. PO. Box 1620 West Sacramento, CA 95691 The following change is hereby approved: lA. Quantity Adjustments and Addition Striping Items $ 6.594.98 Total Change Order No. 1 $ 6,594.98 Total Project: Original Contract $ 154,237.80 Change Order No. 1 6,594.98 Revised Contract $160,832.78 CONTRACTOR Title ~! ~ ~ ~ ~t ~e ~ -~~' Date / o% ~ ~ ~ y CITY OF CUPERTINO ~~ ~G~U~~ Bert J. Viskovich Director of Public Works City Council: ~O " z ' " ~ (Date) Resolution No. 00 - ~ S O Printed on Rec~~cled Paper CONTRACT FOR PUBLIC WORK ~ r This CONTRACT made on by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and SILICON VALLEY PAVING, INC. hereinafter called CONTRACTOR. TT IS HEREBY AGREED by CITY and CONTRAC']COR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Fortn. b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications d. Faithful Performance and Labor & Material Bonds e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limit:. of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance z~nd Notice of Policy Cancellation Endorsement. f. This Contract for Public Works. All of the above documents aze intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the szune as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and. the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necesssiry to perform and complete in a good and working order, the work of , as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepazed by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, PAVEMENT RESTORATIO[~i, PROJECT NO. 2000-101, and which Plans and Specifications aze identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as r~rquired in said Plans and Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the liurpose of this Contract the City Engineer, Mr. Bert J. Viskovich. Contract Page. 1 of 16 3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of $64,049.39 (Seventy Four Thousand Forty NineDollars and Thirty Nine Cents) subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMEN'C FOR WORK. Should any dispute arise respecting the true value of the work done, o r any work omitted, or any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicably;, or in accordance with agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with Section 6, paragraph "f' of the General Provisions. 5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and e<<sements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection b:~ CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the :specifications require work to be specially tested or approved, it shall not be tested or covered u~~ without timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans and Specifications or the Contract Doc;uments, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in aa~ordance with the agreement of the parties. No extra work shall be performed or change be m;~de except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is ~iuthorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVHtONMENTAL REQUIREMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environment:al requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. CONTRACTOR shall be paid for such changers either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement ~~f the parties. Contract Page: 2 of 16 9. TERII~IINATION, AMENDMENT OR MCIDIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the: Standard Specifications, or in accordance with the agreement of the parties. 10. TIlVIE FOR COMPLETION. All work under this Contract shall be completed in accordance with the Time for Completion section in the Proposal and the Specifications of this project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any cause which CITY .shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR IhTSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general. assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S :>urety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty (30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense ~of CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without li;~bility for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as maybe on the site of the work and necessary therefor. Contract Page: 3 of 16 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to t~ONTRACTOR such an amount or amounts as in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services rendered and materials furnished in and about the work. City may apply such withheld amount or amount; to the payment of such claims in its discretion. In doing so, CITY shall be dEmed the agent of CONTRACTOR, and any payment so made by CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in ;section 4590 of the California Government Code as more fully described in CITY' S Notice to Corn~ractors. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be d;~ted and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE AVENUE; CUPERTINO, CA 95014; hostage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by persona], delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to Silicon Valley Paving, Inc., 812 W. Home St., San Jose, CA 95126, postage prepaid and certified; and (c) if notice is given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to CONTRACTOR'S surety or other person, or ley depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall tie assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. Contract Page 4 of 16 17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and E:mployer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all :subcontractors similazly to provide Worker's Compensation and Employer's Liability Insurance for all of the Tatter's employees unless such employees aze covered by the protection afforded to the CONTRACTOR. In signing this Contract CONTRACTOR make:, the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. Machinery, equipment and other hazards shall be guazded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commi:,sion of the State of California. 19. CONTRACTOR'S RESPONSIBILTT'Y FOR THE WORK CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a sepazate bid item, obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God" shall include only the following o~;currences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the President of the jJnited States or by the Governor of the State of California, or were of a magnitude at the site of ~:he work sufficient to have caused a proclamation of disaster or state of emergency having occurrE;d in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guazantees the first-class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guazantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of :any defect in the work, materials, appazatus or equipment, whether latent or patent, revealed to CITY within one (1) yeaz of the date of acceptance of completion of this Contract by C:[TY, CONTRACTOR will forthwith remedy such defects without cost to CITY. Contract Page 5 of 16 the Contract, the alternates chose deferred s~Ai~ DEFLECTION future, none, The City reserves the n would be for arty sites cu any °r ~ alternate bid ite might for the terra of rTently under construction ms at the bid price. The IN ~TNESS °r to be constructed in the Year Srst hereinabovW~~OF' the parties have Witten. eXF'cuted this Contract in duplicate, the day and CITY OF CT ~D Tr ~--, By: /jig CI MANAGER _ Attest: ~ City C erk Date: ~~ City Clerk ~aO°~ ---~~ c~ONTRACTOR: t;S/, -~ Notary acknowled corporation, co grnent is required. If a not~iry acknowledorate seal and I.D. gnent and Feder T ate are required. If not a co ~ Soci;~ Security No is re rP°ration a quired. Socia! Secu ~ # Contractor's License No. 7329~3 PROJECT NAME & NUMBER PA,~'EMEN CONTRACTOR'S NAME & DRESS: S T RESTO~TION, PROJECT NO. 2000-10 1LICpN 1 CONTRACT AMOUNT: 564,049.39 ACCOUNT NUMBER; 270-8404-7016 FILE Np; 94,493.64 812 ~'• gom~~ EY PAVl7vG, INC, San Jose, CA 95126 Phone: 408-286-9101 Contact Page 6 o f 16 a~ --- © 1996 National Notary Association • 823fi Remmet Ave.. P.O. Box 7184 • Canoga Park. CA 913va-, . 77•p~~~~ 4 Federal Tax I D # ree 1-800-876-6827 INSURANCE FORrvIS INSTRUCTIONS FOR ITEMS 3, 4, 5 AND 6, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN 'GREBE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Primary Insurance -must be: signed by the insurance agent for general liability and automobile liability only. 4. Additional insured endorsement -must be :>igned by the insurance agent for general liability and automobile liability only. 5. Comprehensive general liability/commercial f;eneral liability endorsement of aggregate limits of insurance per project -must be signed by the in:~urance agent for general liability only. 6. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the insurance agent for worker's compensation only. 7. Notice of policy cancellation endorsement -must be signed by the insurance agent or must be on the company's certificate of insurance form for all insurances. Contract Page 7 of 16 C3tp of Cupertino INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work: of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial or comprehensive general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in arr~ounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall ~, name the City, its engineer, and each of it:; directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work at, or prepazes or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall. maintain all of the foregoing insurance coverages in force until the work under this Contract is fizlly completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Co~itract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A, Class VII or better. Worker's Compensation Liability In accordance with the Worker's Compensation Contract Page 8 of 16 Act of the State of California - $1,000,000 per occurrence. Public Liability -either commercial general liability Combined single limit of $1.0 million per or comprehensive general liability; including occurrence; $2.0 million in the aggregate. provisions for contractual liability, personal injury, independent contractors and property damage coverages. Automobile Liability -comprehensive covering owned, non-owned and hired automobiles. Consultants only: Errors and Omissions liability. cSlL/CON V'~G1.~Y /~i~V/~J~, ~iJC• (Contractor's Name) By: Combined single limit of $1.0 million per Dared: f~-~12.lL /S SOD Contract Page 9 of 16 occurrence. ,;::. ACORD 7~ ~F ~ERT ~~I ~ "" ~ ~~~ I' DATE (MM/DD/YY) ~N~U~~NGE ' L~R~L~1~Y ,M , > L ; ;:. ;;:: _ 4/1100 _.... . PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Aon Risk Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR of Northern California ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 99 Almaden Blvd. , Ste. 400 COMPANIES AFFORDING COVERAGE San Jose, CA 95113-1604 COMPANY 408-288-8000 _ A Admiral Insurance Com an INSURED Silicon Valley Paving, Inc. ~-~~~-~#~ ~~~~~s COMPANY B Hartford Fire Ins Com an P.O. BOX 26558 COMPANY San Jose, CA 95159 ~}"~~ ~ ,~ ~QO~ C COMPANY D State Com ensation Ins Fund `C(JVERQ+~~S THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HP.VE 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 IN SURANCE 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. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE CATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GEN ERAL LIABILITY GENERAL AGGREGATE S 2000000 A X COMMERCIAL GENERALLIARILITY AOOAG08360 3~20~00 3~20~01 PRODUCTS-COMP/OPAGG 5 2000000 CLAIMS MADE X^ OCCUR PERSONAL & ADV INJURY S lOOOOOO OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE S 1000000 FIRE DAMAGE (Any one fire) S 100000 MED EXP (Any one person) S 5000 AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT S $ X ANY AUTO 57UUNIF9109 3~20~00 3~20~Q1 1000000 ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) ][ HIRED AUTOS BODILY INJURY S $ NON-OWNED AUTOS (Per accident) P RTY DAMAGE S PRO E GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS ER D EMPLOYERS'LIABILITY 154079600 3/20/00 3/20/01 EL EACH ACCIDENT s 1000000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT S lOOOOOO PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE- EA EMPLOYEE S lOOOOOO OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Re: Pavement Restoration, Project No. 2000-101. C>=RT.[£~GATE HQL~JER CANC£LkATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Clty of Cupertino, City Hall EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn: Carmen Lynaugh 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 10300 Torre Avenue BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Cupertino, CA 95014-3255 OF NY KIND UPON THE COMPAN , ITS AGENTS OR REPRESENTATIVES. AUTH 1 P E TATIVE ~~ 005431000 ' ;~~c~~~ zs s ~:~ts~r :~~~wc~~aTloro ~~~s o.aGC~~~: POLICY NUMBER: AOOAG08360 Silicon Valley Paving, Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTOI~S (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVER,4GE PART. Name of Person or Organization: SCHEDULE The Ciry of Cupertino ("City")and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be RE:: Pavement Restoration obtained and their directors, officers, engineers, Project No. 2000-101 agents and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarationsas applicableto this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising of "~~ourwork" for that insured by or for you. Such insurance as is afforded by the General Liability policy is primary insurance and no other insurance of the additional insured will be called upon to contribute to a loss. CG 20 10 11 85 Copyright, Insurance Servia:s Office, Inc., 1984 STATE COMPENSATION I N S U R A N C E ~u ni v P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 CERTIFICATE OF WORKERS' COMMPENSATION INSURANCE ~: ~t ~.~x f ~~-r~a ;~t3 L_ POLICY NUMBER: j,:'f'= ~3'-,-_f;{1 CERTIFICATE EXPIRES:(F'j..~,^f.',•--t ~. RECEIVED 000 APR I 1 2 .:;:~~ . ~:L ~.,...~~ ~~~~> >~~,: , ~ ~.... _f~.,: ~~: This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the poli`;y period indicated. This policy is not subject to cancellation by the Fund except upon tt~ days' advance written notice to the employer. `t ) We will also give you :LFN days' advance notice should this policy b.' cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of 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 conditio is of such policies. i~~/~~~~ AUTHORIZED REPRESENTATIVE ~~~~ PRESIDENT ,., Y :~ ..~; ~ ~ T°rl ~~ ) ~t t ii. :) .'~..3 _. .. ,.1 _. ~, i .iw .;~~.i~~ i ~,.-...''. _' ('{~.~,r .. y o'j~.i. I~; :~:~. f9 .~. .5.,~~.~V~~~.. n„ ,_. . .. .. ,... ;.:. .. '. t.~Jf).i i:.. i. '... ?_:'•i) ~~lii .. ?: L~~i.. ~}, I-, li...~;_. ,~,y ~r(1Yi~.. i, ..I ~f. ,.,1 V~ ~ ? t 7 ~~lt)():~iy~LfFA.r't+ ?4".~t'~ I~h,'il~. ,l.... ~~.L' ~r~ (}y '~}i.l'.?ti~`~i..)'r ..t+'''~'+tiu'!r il4 'i :. .F1!~ J rq{+.~rCE~t;. ~}!,.ti j~'(3 <t it ..) i(l ~'{.r,,r -~ .'~"t.. (fr Via. .. ~ ~:_r~_ , EMPLOYER x ;'~ ®.,< P:~J City of Cupertino ENDORSEMEr1T OF PRIMARY INSURANCE 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 i; agreed as follows: The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insureds) shall be called upon to cover a loss under said additional policy. POLICY INFORMATION 1. Insurance Company: Admiral Insurance Company 2. Insurance Policy Number: aooAC0836o 3. Effective Date of this Endorsement: A~~ril 7 ~ 2000 4. Insured: Silicon Valley Paving, Inc. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; C~ipertino, California 95014. I Susan Stovall (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative:~,~~/~[ ~~~~/y) r,~ `~ ,.~'~ i~~ (Original signature required on all Endor;;ements furnished to the District) [Name of Agent/Agency: Aon Risk Services, Inc of No. Ca Title: Account Manager Address: 99 Almaden Blvd., Ste. 400 San Jose, CA 95113-1604 Telephone: (408) 534-6337 Facsimile: (408) 534-6330 Contract Page 12 of 16 City of Cupertino ADDITIONAL IN;iURED ENDORSEMENT 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: The City of Cupertino ("Cit}~') and its directors, off cers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees are hereby declazed to be: additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. POLICY INFORMATION 1. Insurance Company: Admiral Insurance Company 2. Insurance Policy Number: AooAG08360 3. Effective Date of this Endorsement: E~pril 7 ~~ 2 4. Insured: Silicon Valley Paving, Iric All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, Califonua 95014. I~ Susan Stovall (printltype name) warrant that I have authority to bind the belov~~ listed Insurance Company and by my signature hereon do so bind this Company. ,~ - ~~ Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Vames of Agent/Agency: Aon Risk Services, Inc. o:E No Ca Title: Account Manager address: 99 Almaden Blvd., Ste. 400 San Jose, CA 95113-1604 Telephone: (408) 534-6337 Facsimile: (408) 534-6330 Contract Page 13 of 16 City of Cupertino COMPREHENSIVE: GENERAL LIABILITY CONIlVIERCIAL (JENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIlVIITS OF INSURANCE PER PROJECT 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: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below-referenced policy of insurance. The general aggregate limit under LIMITS (~F INSURANCE applies separately to the project described as Pavement Restoration, Project No. 2000-101 POLICY INFORMATION Insurance Company: Admiral Insurance Company 2. Insurance Policy Number: AooAG08360 3. Effective Date of this Endorsement: April 7 4. Insured: Silicon Valley Paving, Inc x~ 2000 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I~ Susan Stovall (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. ,~ Signature of Authorized Representative:__ ~~~~~~~~C/~~ ,~,'(~ ~ .~~J ~I (Original signature required on all Endorsements furnished to the District) ~~ Names of Agent/Agency: Aon Risk Services, Inc. of No Ca Tltle: Account Manager Address: 99 Almaden Blvd., Ste. 400 Telephone: 408 534-6337 San Jose, CA 95113-1604 Facsimile: (408) 534-6330 Contract Page 14 of 16 ~~ ~ Cupertino WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE In consideration of the ~po~ cy 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: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation it m:iy require against the City of Cupertino, and each of its directors, officers, agents, consultants grid employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above-referenced Contract. ~ POLICY INFORMATION 1. Insurance Company: State Compensation Ins Fund 2. Insurance Policy Number: 154079600 3. Effective Date of this Endorsement: April 7 ~~- 20 4. Insured: Silicon Valley Paving, Inc All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. j Susan stovail (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: ~~~1 ,,~~/( ~ l~~ ~~~ (Original signature required on all EndorsemE:nts furnished to the District) Names of Agent/Agericy: Aon Risk Services, Inc. oi_ No Ca AddcesS: 99 Almaden Blvd., Ste. 400 San Jose, CA 95113-1604 Title: Account Manager Telephone: (408) 534-6337 Facsimile: (408) 534-6330 Contract Page 15 of 16 City of Cupertino NOTICE OF POLICY CANCELLATION ENDORSEMENT In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attache;d or any other Endorsement attached thereto, it is agreed as follows: Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in lunits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. only ten (1( days notice will be given for non payment of premium. '',POLICY INFORMATION 1. Insurance Company: Admiral Ins Co/Hartford Fire Ins Co/State Compensation I 2. Insurance Policy Number: Ao0AG08360/57UUNIF9109/ 154079600 3. Effective Date of this Endorsement: April 7 }fit 20 4. Insured: Silicon Valley Paving, Inc All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Susan Stovall (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: ~ ~~~~~ ~ / i'~~ -~ (Original signature required on all Endorsements furnished to the District) [Names of Agent/Agency: Aon Risk Services, Inc. oi: No Ca Address: 99 Almaden Blvd. , Ste. 400 San Jose, CA 95113-1604 Title: Account Manager Telephone: (408) 534-6337 Facsimile: (408) 534-6330 Fund Contract Pagf; 16 of 16