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HomeMy WebLinkAbout2001-12-03 City CouncilCity of Palo Alto City Mana er’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE:DECEMBER 3, 2001 CMR: 429:01 SUBJECT:APPROVAL OF A CONTRACT WITH ROBERT A. BOTHMAN, INC. IN THE AMOUNT OF $1,132,202 FOR CONSTRUCTION OF MITCHELL PARK FACILITIES RENOVATION PHASE I RECOMMENDATION Staff recommends that Council: 1.Approve and authorize the Mayor to execute the attached contract with Robert A. Bothman, Inc. in the amount of $1,132,202 for construction services to implement Mitchell Park Facilities Renovation Phase I. 2.Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with Robert A. Bothman, Inc. for related, additional but unforeseen work that may develop during the project, the total value of which shall not exceed $110,000. DISCUSSION Project Description The work to be performed under this contract consists of landscape and facility improvements at Mitchell Park including: replacement of playground equipment and safety surfacing at three play areas, storm drainage improvements, installation of benches and other site furniture, fencing, drinking fountains, trash receptacles and signage, renovation of the main restroom building, construction of a new pump house and water play area, adjustments to the park irrigation system and replacement of pathway lights. Bid Process A notice inviting formal bids for Mitchell Park Facilities Renovation Phase I was sent on October 9, 2001 to four builders’ exchanges and eight contractors. The bidding period was 28 days. Bids were received from three qualified contractors on November 6, 2001 as listed on the attached bid summary (Attachment A). Bids ranged from a high of $1,573,100 to a low bid of $1,132,202. Staff has reviewed all bids submitted and recommends that the bid of $1,132,202 submitted by Robert A. Bothman, Inc. be accepted and that Robert A. Bothman, Inc. be declared the lowest responsible bidder. The bid is 4.5 percent above the engineer’s estimate of $1,083,000. CMR:429:01 Page 1 of 2 Staff checked references supplied by the contractor for previous work performed and found no significant complaints. Staff also checked with the Contractor’s State License Board and found that the contractor has an active license on file. RESOURCE IMPACT Funds for this contract are included in the City Manager’s proposed 2001-2003 budget. POLICY IMPLICATIONS The proposed Mitchell Park Facilities Improvements Phase I is consistent with existing City policy. ENVIRONMENTAL REVIEW This project is Exempt as defined by the California Environmental Quality Act (CEQA). ATFACHMENTS Attachment A: Attachment B: Bid Summary Contract PREPARED BY: CHRIS RAFFERTY Project Manager, Community Services Department DEPARTMENT HEAD: PAUL THILTGEN Director, Community Services Department CITY MANAGER APPROVAL: CHRIS M( Assistant to the City Manager CMR:429:01 Page 2 of 2 ~: .~- 22~i Attachment B FORMAL CONTRACT CONTRACT No. C2138884 (Public Work) Community Services Department SECTION 500 This Contract, number C2138884 dated is entered into by and between the City of Palo Alto, a chartered city and a municipal corporation of the State of California ("City"), and Robert A. Bothman, Inc. ("Contractor"). For and in consideration of the covenants, terms, and conditions (the provisions) of this Contract, City and Contractor ("the parties") agree: Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. General Scope of Proiect and Work. Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows: Title of Project:Mitchell Park Facilities Renovation, Phase I, Invitation for Bid (IFB) Number 138884 Bid:$1,132,202 (Base Bid Total) Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof are set forth in the following descending order of precedence. a. This Contract. Invitation For Bid. Project Specifications. Drawings. Change Orders. Bid. Supplementary Conditions. General Conditions. Standard Drawings and Specifications (1999). Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. Other Specifications, or part thereof, not expressly incorporated in the Contract Specifications or the Standard Drawings and Specifications (1999). Any other document not expressly mentioned herein which is issued by City or entered into by the parties. rev. 12/00 Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract Specifications and the Standard Drawings and Specifications (1999), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Invitation For Bid on terms and conditions and in amounts as may be required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized PALO ALTO IFB NO. 138884 PAGE 1 OF 7 FORMAL CONTRACT SECTION 500 by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on Contractor in the performance of or failure to perform the provisions of this Contract, except as may adse from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers, employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter. To the extent Contractor will use hazardous materials in connection with the execution of its obligations under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City Council members, officers and employees from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract, under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. 6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. 2601-2692, as amended); the Carpenter- Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, 25300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, 25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code, 25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, 25280-25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common law. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of City or any of its Council members, officers, employees, agents or representatives. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract. No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor’s Work. The right of inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a satisfactory manner in compliance with Contract requirements. The presence of a City inspector does not shift that obligation to the City or relieve Contractor from its obligations to complete the Work in a satisfactory manner in compliance with the Contract requirements. 10.Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination in employment and hazardous materials. CITY OF PALO ALTO IFB NO. 138884 PAGE 2 OF 7 rev. 12/00 FORMAL CONTRACT 11. SECTION 500 12. Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Invitation For Bid. p, epresentat ons and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants: Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor; bo Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required; Co Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and in behalf of City. Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City; Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For Bid; h° Contractor has the power and authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project Manager or any other person who has directly contributed to City’s decision to award the contract to Contractor; There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor’s ability to perform under the Contract; Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; Contractor and any person performing labor and services under this Project are duly licensed by the State of California as required by California Business & Professions Code Section 7028, as amended; and Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site. Assiqnment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void. CITY OF PALO ALTO IFB NO. 138884 PAGE 3 OF 7rev. 12/00 FORMAL CONTRACT SECTION 500 14.Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes adsing out of the Contract shall be submitted by Contractor to City in writing by certified or registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim to City. 15.Audits by City. During the term of this Contract and for a period of not less than three (3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related and Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City. 16.Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in wdting and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission. To City:City of Palo Alto City Clerk 250 Hamilto~ Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to:City of Palo Alto Community Services Department 1305 Middlefield Road Palo Alto, CA 94301 Attn: Chris Rafferty, Project Manager To Contractor: Robert A. Bothman, Inc. San Jose, CA. 95112 ANn: James C. Moore 17.Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only after such expenditures have been approved in advance in writing in accordance with applicable Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 16 shall control in the event of a conflict with any other provision of this Contract. 18.Miscellaneous. Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor. Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. CITY OF PALO ALTO IFB NO. 138884 PAGE 4 OF 7 rev. 12/00 FORMAL CONTRACT SECTION 500 c. Controlling Law. The parties agree that this Contract shall be governed and construed by and inaccordance with the Laws of the State of California. fo Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract which directly results from an Act of God or an act of a supedor governmental authority. Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. Incorporation of Documents. All documents constituting the Contract documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. Integration. This Contract and any amendments hereto between the parties constitute the entire agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Contract. Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless such modification is agreed to in writing and signed by the parties. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be requiredof or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or in behalf of Contractor or which authorizes Contractor to enter into this Contract. Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect. Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. no Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day. Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims arising out of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose, California. The intent of the parties is that the mediation shall proceed in advance of litigation; however, if any party should commence litigation before the conclusion of mediation, such litigation, including discovery, shall be stayed pending completion of mediation, and by executing this Contract the parties stipulate to mediation in accordance with Santa Clara County CITY OF PALO ALTO IFB NO. 138884 PAGE 5 OF 7rev. 12]00 FORMAL CONTRACT SECTION 500 Superior Court Local Rule 1.15 or Rule 2-3(b) of the ADR Local Rules of the U.S. District Court for the Northern Distdct of California, as such rules may be amended from time to time. The parties shall share the cost of the mediation, including the mediator’s fee, equally. Any written agreement reached in mediation shall be enforceable pursuant to California Code of Civil Procedure § 664.6, as amended. Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose, California. In the event that litigation is commenced by any party hereunder, the parties agree that such action shall be vested exclusively in the state courts of California in the County of Santa Clara or in the United States District Court for the Northern District of California. Recovery of Costs. Each Party shall bear its own costs, including attorney’s fees, through the completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure § 664.6, as amended, then the prevailing party in any subsequent litigation may recover its reasonable costs, including attorney’s fees, incurred subsequent to conclusion of the mediation. Flow-down. Contractor agrees to include provisions of this Contract relating to Altemative Dispute Resolution, Venue. and Recovery of Costs in any subcontracts or major material purchase agreements which it enters into in connection with this Contract, and to require its subcontractors to include those provisions in any sub-contracts or major material purchase agreements, such that any mediation or litigation of any claim or dispute asserted by a subcontractor or major material supplier will be consolidated with any related claim or dispute between the Contractor and the City. Should the Contractor fail to do so, such that the City is required to defend an action brought by a subcontractor or material supplier inconsistent with the Alternative Dispute and Venue provisions of this Contract, Contractor shall indemnify City for City’s costs of defense, including reasonable attorney’s fees. IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of Palo Alto, County of Santa Clara, State of California on the date first stated above. ATTEST:CITY OF PALO ALTO APPROVED AS TO FORM: City Clerk By: Its Mayor Senior Assistant City Attorney APPROVED: Assistant City Manager Director of Administrative Services Contract Manager (Insurance Review) Vice PresidentTitle: By: ichard W. Bothman Title:Secretary (Compliance with California Corporations Code ~ 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) CITY OF PALO ALTO IFB NO. 138884 PAGE 6 OF 7 rev. 12/00 FORMAL CONTRACT SECTION 500 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code Section 1189) STATE OF ,,,,,,,,California COUNTY OF Santa Clara On 11/26/01 ,before me, Mary Lopez a notary public in and for said County, personally appeared James C Moore and Richard W. Bothman , personally known tome (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CITY OF PALO ALTO IFB NO. 138884 PAGE 7 OF 7rev. 12/00 BOND NO.: 111 3359 7762 PART 11 - PAYMENT (LABOR & MATERIALS) BOND SECTION 620 Contractor’s Payment (Labor and Materials) Bond WHEREAS, the City Council of the City of Palo Alto State of California ("City") and ROBERT A. BOTHMAN, INC. ("Principal"), have entered into an agreement datec~ December 3 2001 , and identified as Mitchell Park Facilities Renovation, Phase I which ishereby referred to and made a part here of, whereby Principal agrees to install and complete certain designated pubiic improvements; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work to file a good and sufficient payment bond with the City of Palo Alto to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Park 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, Principal and THE AMERICAN INSURANCE COMPANY , as Surety, incorporated under the laws of the State of N J/Nebraska , and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of One Million One Hundred Thirty Two Thousand Two Hundred Two Dollars ($ 1,132~202.00 ), forthe payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal, Principal’s subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any of the persons, companies, or corporations, referred to in Section 3!81 of the California Civil Code, as amended, with respect to any work of labor performed or materials supplied by any such persons, companies, or corporations, which work, labor, or materials are covered by the above-mentioned agreement and any amendments, changes, change order, additions, alterations, or modifications thereof, or any amounts due under the California Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, as amended, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to be fixed in court. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled named in Section 3181 of the California Civil Code, as amended, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety hereby stipulates and agrees that no amendment, change, order, addition, alteration, or modification to the terms of the agreement of 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 amendment, change, change order, addition, alteration, or modification to the terms of the agreement or to the work performed thereunder or to the specifications accompanying the same. , IN WITNESS WHEREOF, this instrument has been duly executed by the Surety above named on 11/16 ,200_11 SURETY: THE AMERICAN INSURANCE COMPANY PHON~.~4UMBER: ~ .__,415-541-4~5p Its: Susan E. Barrett, Attorney-in-Fact BOTHMAN, INC. 277 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF COUNTY OF On , before me,, a notary public in and for said County, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) CITY OF PALO ALTO IFB NO 138884 PAGE 1 OF 1 FIREMAN’S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OFATrORNEY KNOW ALL MEN BY THESE PRE~ENTS: That FIREMAN’S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANy, a New Je~ey corporation rndomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (h~rein collectively called "the ~ompanies") does each bereby appoint Nip Pham, Loc Pham, and Susan E. Barrett, Palo Alto, CA their Irue and lawful Attnrncy(s).-in-Fact, w th full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowl~lge and deriver any and allbonds, undertakings, recognizances or other written obligations in the nature thereof attest~o oy Ine t.ompames ,.Secretary, herr~y rahtymg and confirming all that th~ said Attomey(s)-in-Facl may do in the prnmis~’,. This po~ of attorney is granted undr~ and by the authority of Arlicle VII of the By-laws of FIREMAN’S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. Thi~ power of atlomcy ~ signed and sealed under the authority of th~ following Resolution adopted by the Board of Dir~cto= of ~REMAN’S ~ND INSU~NCE ~MPANY, NATIONAL SUR~ ~R~ON, ~E AMERI~N INSU~NCE ~MPANY, A~OC~TED INDEMNI~ ~RPO~ON ~ AME~CAN A~MOBI~ INSU~NCE COMPANY at a m~ing duly ~lled and held, or by written ~n~n~ on tbe l~h ~y of Mar~, 1~5, and ~id R~lufion h~ ~ ~n amend~ or m~alcd: "RESOLVED, that the signature of any Vico-President, Assistant S~etary, and Resident Assistant Secn’:.,’u’y of the Compani~, and the ~al of Companies may be affixed or prinl~ on any power of attom~, on any revocation of any power of attorney, or on any cor0,qcat~ feting thereto, by facsimile, and any power of atlomey, any rnvocation of any power of attorney, or c~nif’w_~te bearing such facsimile signature or f~csimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused thes~ presenl~ to be signed by their V~ce-President, and their corporate seals to be hereunto affixed this 22 day of September ,_ 1998 . STATE OF CALIFORNLA "~ ~,~,COUNTY OF MARIN FIREMAN’S FUND INSURANCE COMPANYNATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY On this 22 day of September 1998 , before me personally Came M.A. Mallonee to me known who being, by me du y sworn, did dep~ and sa~":’that he is a Vice-President of ~ahy, described in and which executed the abov~ instrument; that he knows l~e .~ls of~be".~id Compsmies; that the ~ls affbred to the said inslrument are meh Company seals; that they were so affix~ by order of the Board of Directors of said companies and that he. signed his name thereto by like order. IN WITNESS WHEREOF, I hav~ hereunto set my hand and aft’ix~ my official seal, th~ day and year herein first at~ve written. ¯ L OCAMPO Comm~slon # 1163726 .... ~ ’~ ..~ .....4.CERTIFICATESTATE OP CALIFORNIA " ~. COUNTY OF MARIN I, th~ undersign~, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and allach~l POWER OF ATTORNEY r~mains in full force~nd has not been revoked; and furthen’norn that Article VII of the By.laws of each company, and the Resolution of the Board of Dir~-lor~; set forth in the Power of A~rnsy, are now in force. Signed a~d s~led at the County of Matin. Dated the _=...’[ 6.!h day of Novem her 360789-11-98 , 200.I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Harin DATE personally appeared before me,DONNA L. WELSIK NOTARY PUBLIC NAME. TWLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC" SUSAN E. BARRETT NAME(S) OF SIGNER(S) [] personally known to me - OR - E~ DONNA L. WELSH COMM. #1318402 Comm. Exuires SepL 6, 2005 proved to me on the basis of satisfactor~ evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~and an,c~#/ff)cial seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL r~ CORPORATE OFFICER [-"] PARTNER(S)I’--] LIMITED I-’-] GENERAL [~ ATTORNEY-IN-FACT I-’-I TRUSTEE(S) I-’] GUARDIAN/CONSERVATOR I--] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THE SURETY COMPANY DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On 11/26/01 Date personally appeared , before me, Mary James C. Moore Lopez, Notary Public Name and Title of Of~cet (e.g.. "Jane Doe. Notary Public") Name(s) of Signer(s) ;x~ personally known to me [] proved to me on the basis of satisfactory evidence MARY LOPEZ COMM. NO. 1273306 NOTARY PUBLIC- CAUFORNIA ~COMM. EXPIRES AUG. 7, 2004 to be the pers0n(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS//~,ymy ha~fficial~%~t~~seal. 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: Capacity(ies) Claimed by Signer Signer’s Name: [] Individual [] Corporate Officer-- Title(s): [] Partner--[] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: signer Is Representing: Top of thumb here 1997 National Notary Association ¯ 9350 De Soto Ave.. P,O. Box 2402 - Chatswo~lh, CA 91313-2402 Prod. No. 5907 Reorder:, Call Toll-Free 1-800-876-6827 BOND NO.: !11 3359 7762 PART II -PERFORMANCE BOND SECTION 610 . Contractor’s Performance Bond WHEREAS, the City Council of the City of Palo Alto, State of California ("City") and ROBERT A. BOTHMAN, INC.(’"Principal") have entered into an agreement dated December 3, 2001 , and identified as Mitchell Park Facilities Renovation, Phase 1 , which is hereby referred to and made a part here of whereby Principal agrees to install and complete certain designated public improvements; and WHEREAS. Principal is required under the terms of said agreement to furnish a bond for the faithful performance of sa~d agreement NOW. THEREFORE, Principal and THE AMERICAN INSURANCE COMPANY as Surety, incorporated under the laws of the State of N J/Nebraska , and duly authorized to transact business as an admitted surety, under the Laws of the State of California, are held and firmly bound unto City in the penal sum of One Million One Hundred Thirty Two Thousand Two Hundred Two Dollars ($ 1,132,202.00 ), for the payment whereof Principal and SuretY bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that if the Principal, Principal’s heirs, executors, administrators, successors, or assigns shall promptly and faithfully keep and perform the covenants, conditions, and provisions of the above- mentioned agreement and any alteration thereof, with or without notice to the Surety, and if Principal shall satisfy all claims and demands incurred under such agreement and shall fully protect, indemnify, defend, and hold harmless City, its officers, agents, and employees from all claims, demands, or liabilities which may arise by reason of Principal’s failure to do so. and shall reimburse and repay City all outlay and expenses which City may incur in making good any default, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. As part of the obligations secured hereto, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees incurred by City in successfully enforcing such obligations, all to be taxed as costs and included in any judgment rendered. Surety shall be liable for any liquidated damages for which the Principal may be liable under its agreement with the City, and such liquidated damages shall be part of the obligations secured hereto, and in addition to the face amount specified therefor. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement 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 agreement or to the work or to the specifications. IN WITNESS WHEREOF. this instrument has been duly executed by the Surety above named on November 16 . 2001. SURETY: THE AMERICAN INSURANCE COMPANY PHON_B,~UMBER: 415-541-4250, , Its: Susan E. Barrett, Attorney-in-Fact CERTIF!CATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF COUNTY OF PRINCIp~BERT A. BOTHMAN, INC. PHON EA 2 2 "7 ~a~nes ~/Moore~-Vice PresidenL Or~, before me,, a notary public in and for said County, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon . behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) CITY OF PALO ALTO IFB NO 138884 PAGE 1 OF 1 FIREMAN’S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN ENSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN’S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an [lli~is corporation, THE AMERICAN INSURANCE COMPANY, t New Jers¢y corporatlnn r=domesficated in Nebra~k~ ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri c~rporation, (herein collectively called "the Companies") does each hereby appoint Nip Pham, Loc Pham, and Sustm E. Barrett, Palo Alto, CA their true and lawful Attomey(s).-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bond~ undertakings, recognizances or other written obligstioes in the nature thereof ....................................................... and to bind the Companies thereby as fully and to the same extent as if such bonds were sigm:d by the President, sealed with the corporate s¢ais oflhe Companies and duly attested by Ihe Companies’ Sr.crelar7, hereby rati~’ing and cunfirming all that the said Attemey(s)-in-Fact may do in the premise.~ T’nis power of attorney is granted under and by the authority of Article VII of the By-taws of FIREMAN’S FUND |NSUP,.&NCE COMPANY, NATIONAL, SUP, ETY CORPOP, ATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which pmvis~ona am now in full force and effect. This power of attorney i~ signed and sealed under the authority of the following R~olution adopted by the Board of Directom of FIREMAN’S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE iNSURANCE COMPANY at a meeting duly called and held, or by written consenq on the l°Ah day of March, 199.5, and m.id Res~lotie, r~ h~ n~ hccn amended or repealed: "RESOLVED, that the signature or" any Vice-President, Assistant Secrv.ar~, and Resident A...~istant Secretary of" the Companies, and the seal of the Co .t .n~..oi~ may he affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate re[atlng dmreto, by facstmde, and any power of attorney, any r*vocatJon of any power of attorney, or c~rtificatc baring such faCsimile signature or f~acsimile seal shall he valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused th nts to he signed by their Vice-President, and their corporate seals to b¢ hereunto affixextthis22day of September , ~9~r~. STATE OF CALIFORNIA COUNTY OF MARIN HREMAN’S FUND INSURANCE COMPANYNATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOC/ATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY Onthis 22 dayot September , 1998 , bcfore me personally came M.A. Mallonee tomeknown who heinr, bvme duly sworn, did d¢pose and say’:’ that he is a Vice-President of ~y, described in and which executed tim above instrument; i~at he knows the ,~-.~[s of ~he"s~id Compatties; that the seals a ffixo:t to the said ir~trument ar~ soch company seals; that they wer~ so affixed by order of the Board of Directors of said compani~ and that he. signed his name !hereto by like order. Signed and sealed at me County of Matin. Dat~ the 16th ~y of Ngvember 200.1 ,¯~ ~."-. _....,~ ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Harin personally appeared before me,DONNA L. WELSIt NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" SUSAN E. BARRETT NAME(S) OF SIGNER(S) personally known to me - OR - [~proved to me on the basis of satisfactor~ evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. and seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL r-} CORPORATE OFFICER TITLE(S) D PARTNER(S)[--] LIMITED [] GENERAL [~ATTORNEY-IN-FACT [-]TRUSTEE(S) D GUARDIAN/CONSERVATOR [-]OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON[S) OR ENTITY(IES) THE SURETY COMPANY DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California "} County of Santa Clara ~ ss. On 1 1/26/01 , before me, Date personally appeared James C. Mary Lopez, Notary Public Name and ~tle of O~ce~ (e.g.. "Jane Doe. Nota~ Public’) Moore Name(s) of Signe~s) ,~,~ersonally known to me ~ proved to me on the basis of satisfactory evidence MARY LOPEZ -= COMM, NO, 1273306 ~ NOTARY PUBLIC - CALIFORNIA ~SANTA CLARA COUNTY ; COMM, EXPIRE£ AUG. 7, 2004 ~ to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and o :ial seal. 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: Capacity(ies) Claimed by Signer Signer’s Name: [] Individual [] Corporate Officer--’Rtle(s): [] Partner--[] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: signer Is Representing: Top of thumb here © 1997 National Notary Association ¯ 9350 De Solo Ave.. P.O. Box 2402 ¯ Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder:. Call Toll*Free 1-800-876-6827 SECRETARY OF STATE CERTIFICATE OF STATUS DOMESTIC CORPORATION I, BILL JONES, Secretary of State of the State of California, hereby certify: That on the 6TH day of DECEMBER, 1978, ROBERT A. BOTHMAN, INC. became incorporated under the laws of the State of California by filing its Articles of Incorporation in this office; and That no record exists in this office of a certificate of dissolution of said corporation nor of a court order declaring dissolution thereof, nor of a merger or consolidation which terminated its existence; and That said corporation’s corporate powers, rights and privileges are not suspended on the records of this office; and That according to the records of this office, the said corporation is authorized to exercise all its corporate powers, rights and privileges and is in good legal standing in the State of California; and That no information is available in this office on the financial condition, business activity or practices of this corporation. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of November 16, 2001. BILL JONES Secretary of State ~P-24 A (Rev, 1-96)OSP 99 21639 ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER (650) 934-0300 FAX (:650) 934-0495 THIS GE~RTIFIGA Thoi ts Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CA Li cen s e # 0 2 4 3 213 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 444 Castro Street.Suite 200 Mountain View, CA 94041-2017 INSURED Robert A. Bothman, Inc. DBA:B & B Concrete Construction 650 Quinn Avenue San Jose, CA 95112 COVERAGES INSURERS AFFORDING COVERAGE INSURER ~Commercial Union INSURER B:OneBeacon INSURERC:State Comp Ins. Fund INSURER D: INSURER E: 113~" t’ULIL, I~-b UP Ir~u~t~NUt- LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTkkqTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT M%qTH RESPECT TO WHICH THIS CER]JFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR T~PE OF INSURANCE POLICY NUMBER t-’ u LII,., ¥ 1:: p i- i:::t,, i i v i:: GENERAL’,ABlUTY ~84559 0810112001 0810112002 EACH OCCURRENCEIS1,ooo,oo,X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) X~ Contractual/broad form prop dam/xcu GEN’L AGGREGATE LIMIT APPLIES PEFt PRO--~ POLICY ~ JECT ~-~ LOC MED EXP (Any one person) "~ERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG 300,001 10,00~ !,000,00~ 2,000,001 2,000,001 AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ~ANY AUTO EXCESS UABILITY X~ OCCUR D CLAIMS MADE X~ DEDUCTIBLERETEN~ON $1 0 , 0 0 0 WORKERS COMPENSAJqON AND EMPLOYERS’ LIABILITY ~B51207 ~639761-01 08/01/2001 08/01/2001 o8/ol/2OOl 08/01/2002 08/01/2002 o8/ol/2OO2 COMBINED SINGLE LIMIT(Ea ac~dent) BODILY INJURY(Per person)$ BODILY INJURY(Per ac~dent)$ PROPERTY DAMAGE(Per ac~dent)$ AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY:AGG $ EACH OCCURRENCE $ ’~GGREGATE $ S E.L EACH ACCIDENT $ E.L DISEASE- EA EMPLOYE~$ E.L DISEASE - POLICY LIMIT $150,000 Limit s I,OOO,OO( 8,000,000 8,000,000 IO~ER ~784559 08/01/2001 08/01/2002 A Installation Floater DESC~P~ON OF OPERA~ONSILOCA~ONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMEN~SPECIAL PROVISIONS ~e: Mitchell Park Facilities Renovation, Phase I tdditional insured and primary wording per G15500 01 00 form attached. ~dditional Insured also added to Auto policy as per coverage form CA0001. .lability insurance applies separately to each insured, except with respect to limits of liability. :orm CIR attached / I0 days notice of cancellation will be sent for non-payment of premium. I I ADDI~ONAL INSURED; INSURER L~I I~e CANCELLATIONE HOLDER 1,000,000! 1,000,000 1,000,000 City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 ACL)RD 25-~ (7/97) $I,000 deductible SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA~]ON DATE THEREOF, THE ISSUING COMPANY ~LL ENDEAVOR TO MAIL _3_L DAYS WRITTEN NOJ]CE TO THE CER]]FICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NO]]CE SHALL IMPOSE NO OBLIGA]ION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTAJ]VES. AUTHORIZED REPRESENTA33VE Jan Galbraith/TIS633 ~~~ c~AGORD CORPORATION 198~ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~CORD 25-S (7/97) City of Palo Alto Certificate issued to City of Palo Alto Thoits Insurance 11/19/2001 CONTRACTUAL INSURANCE REQUIREMENTS 11/19/2001 The attached Certificate of Insurance is provided as part of our service to our client, the Insured. special endorsements have been provided, they also are indicated attached. You may find that these documents do not comply with all of the terms and conditions of the underlying contract between the Certificate Holder and the Insured due to the insurance company’s insuring conditions, limitations, exclusions and other terms. If you have any questions, please contact the undersigned. Thoits Insurance Service, Inc. P 0 Box 7420 Mountain View, CA 94039-7420 Telephone:(650) 934-0300 Facsimile:(650) 934-0495 By:Joan Borella Direct Dial Number: (650) 210-1623 If 11/16/2001 POLICY #: R784559 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS INCLUDING COMPLETED OPERATIONS SCHEDULED G15500 01 O0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: agents and representatives The City of Palo Alto, its Council members, officers, employees, Re:Mitchell Park Facilities Renovation, Phase I (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for yOU. The definition of "your work" is amended to include: c. "Products-completed operations hazard" for liability arising out of work or operations performed by you or on your behalf for the additional insured at the designated project. All other terms and conditions of this policy remain unchanged. PRIMARY WORDING City of Palo Alto Certificate issued to City of Palo Alto 11/19/2001 Thoits Insurance This insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such additional insured whether primary, excess, contingent, or on any other basis. This additional provision applies only to the person or organization shown in the Schedule.