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HomeMy WebLinkAboutO'Grady Paving Inc.TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA CONTRACT 2024 Pavement Rehabilitation and Drainage Improvement Project THIS AGREEMENT, made, exeouted, and entered into this3)day of 71-11 120241 by and between the Town of Los Altos Hills o General Law City, hereinafter referred to �'%-'-- -e Town. and O'Grady Paving, Inc. hereinafter referred to as the Contractor. ARTICLE 1.That for and inconsideration of the payments and agreements hereinafter mentioned to bemade and performed by the Town, the Contractor agrees at its own cost and expense to do all the work and furnish all materials necessary to complete in a good workmanlike and substantial manner all that certain work involved and concerned with the 2024 Pavement Rehabilitation and Drainage Improvement Project. Said work shall be done in manner and according tothe terms of the Contract as the same is defined in Article heroin. ARTICLE 2. Said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all |oma or damage arising out of the nature of the work aforeoaid, or from the acts of the e|emanha, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the Town and for all risks of every description connected with the wort; also for all expenses incurred by or in consequence of the suspension or discontinuance of the work and for well and faithfully completing the work and the whole then*of, in the manner and according to the plans. and specifications, to wit, according to Contractor's proposal to the City Council, entitled 'EXHIBIT "A," Proposal tothe City Council' and attached hereto. ARTICLE 3. The Town hereby promises and agrees with the Cuntreutor, to emp|oy, and does emp|oy, hereby. said Contractor to provide the materials and to do the work according to the tonna and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE 4. The complete Contract consists of the following documents: Notice to Biddene. Proposal, Contract, Specifications and the Plans and/or Drawings. The rights and obligations ofthe parties herein are governed by all of said documents, which are to be construed as a single Contract. The decision of the ofthe Town of Loo Altos Hills as to the interpretation of said Contract shall be final and binding on the parties hereto. ARTICLE 5. It is further expressly agreed by and between the parties hereto that the work shall be completed within THIRTY (30) working days from and after the commencement of said work. ARTICLE 8. It is expressly stipulated and agreed that all legal and statutory requirements relating to the execution of this Contract and the notice inviting bids have been met. Any alleged defect oromission in the proceedings preceding the execution of this Contract is hereby waived by the Contractor. ARTICLE 7. Every contractor will be required to secure the payment of workers compensation to his or her employees. Labor Code Section 1860. The contractor shall post the applicable prevailing wage rate on the project site. Labor Code Section 1771.4. The project is subject to prevailing wages. The Contract applicable wage rates are available at www.dir.ca.gov and the agency also has access to the applicable prevailing wage rate at www.losaltoshills.ca.gov. IN WITNESS WHEREOF, the parties have executed this instrument the year and date first above written. ATTEST: kMQd!MMMr6M%]n4 • �• TOWN OF LOS ALTOS HILLS A General Law City A007 City�M ager CONTR CTVR B Y Title p C-t—t 2024 N,- ­t Rohabilitalion end Dm,mggo Imp, wn c,1 M jat 27 CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF JUea G16-0� On ✓t/�% , 2024, before me, &Ij/A VaC/l�% , Notary Public, personally appeared Crkg Tdl/Y/ t , who 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, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. QPMy NICK YOUNG Notary Public - California = Santa Clara CountyCommission X 2386608 jGComm, Expires Dec 12, 2025 Signature: (Seal) contract 2024 Pavement Rehabilitation and Drainage Improvement Project 28 TOWN OWN OF LOS ALTOS HILLS Bond M 107887834 STATE OF CALIFORNIA Premium:$5,.891.00 subject to final contract price adjustment KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the Town of Los Altos Hills, State of California, has awarded to O'Grady Paving., Inc. hereinafter designated as the "Principal,," a contract for the 2024 Pavement Rehabilitation and Drainage Improvement Project, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. Travelers Casualty and Surety NOW, THEREFORE, we the Principal, and• as Surety, are held and firmly bound 4 FNIMP�Ivy we r% 'Aft6s I in the penal sum unto the Town Of Los Hills Of One Milion Two Hundred Twenty -Seven Thousand Two Hundred Thirty::Eight and 50 100 DOLLARS ($ 1,227,238.50 ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in said Contract and any alteration thereof made as therein provided, on his/her or their part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning; and shall defend, indemnify and save harmless the Town of Los Altos Hills, its officers and -agents as therein stipulated, then this obligation shall become invalid; otherwise it shall be and remain in full force and virtue. Surety, for value received hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special' Provisions and other Contract Documents, no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the Contract or to the work or to the specifications. Performance Bond 2024 Pavement Rehabilitation and Drainage Improvement Project 36 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this 23rd day of July , 2024, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) O'Grady Paving, Inc. Principal By (Acknowledgment) Titlerz�& �U 1T (Corporate Seal) Travelers Casualty and Surety Company of America Surety By Attorneys -in -fact Catherine A. Pinney (Acknowledgment) Title Attorney in Fact (Seal) Approved as to form: City 37 (Witness) Performance Bond 2024 Pavement Rehabilitation and Drainage Improvement Project ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento On 13. 90" before me, Stephanie Agapoff, Notary Public (insert name and title of the officer) personally appeared Catherine A. Pinney who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature gajau� C11 -UjB U vi STEPHANIE AGAPQFF Notary Public - California a Sacramento County g r ° Commission # 2442125 (Seal) `'"`.0' My Comm. Expires Mar 23, 2027 CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ✓�010 C11" ) On J_4 204 , 2024,, before me, Vat- 'Al'y , Notary Public, personally appeared 6A" ya��tG/ , who 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, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. *my NICK YOUNGNotary Public- California Santa Clara County Commission # 2386608 Comm. Expires Dec 12, 2025 Signature: (Seal) Performance Bond 2024 Pavement Rehabilitation and Drainage Improvement Project 38 I Travelers Casualty and Surety Company of America A W- Travelers Casualty and Surety Company T�'/�v"E[.ERSJ St,, Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America,, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Catherine A. Pinney of PETALUMA . California . their true and lawful Attorneys) -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. WAO HARTR &Yvan Zik State of Connecticut By: City of Hartford ss. .1 Robert L. Raneenior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. W"y My Commission expires the 30th day of June, 2026 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions, adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,, contracts of indemnity,, and other writings obligatory in the nature of a bond., recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED.. that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior, Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 23rd day of July 7 2024 . Ake JL HARTM, CONN. Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power orf Attorney, please call as at 1-800-421-3880. Please refer to the above-namedAttorney(s)-in-Fact and the details of the bond f 6 which this Pawerof)llf torney is attached. TOWN OF LOS ALTOS HILLS Bond #: 107887834 STATE OF CALIFORNIA Premium: Included in that of Performance Bond PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the Town of Los Altos Hills, a General Law City, has awarded to O'Grady Paving,, Inc. hereinafter designated as the "Principal", a contract for the 2024 Pavement Rehabilitation and Drainage Improvement Project, and WHEREAS, said Principal is required to furnish a bond with said Contract, to secure payment of claims of laborers, mechanics, or material persons employed on work under said Contract, as provided by law. NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the Town of Los Altos Hills in the sum 0i0ne, Million. Two Hundred Twent even Thouand Two Hundred* DOLLARS ($ 1p2274238.50 ), said sum being equal to the estimated amount payable by said: Town of Los Altos Hills under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators., successors, or assigns jointly and severally, firmly by these presents. *Thirty -Eight and 50/100 THE CONDITIONS OF THIS OBLIGATION ARS SUCH that if said Principal, his/her or its heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to, pay for any material, provisions, provender or other supplies, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his/her subcontractors pursuant to the Revenue and Taxation Code, with respect to such work and labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be voided. In case suit is brought upon this bond, said Surety will pay a reasonable attorney's fee to be fixed by the court. This bond shall insure to the benefit of all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plan, Standard Specifications, Special Provisions and other Contract Documents, no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. Payment Bond 2024 Pavement Rehabilitation and Drainage Improvement Project 39 IN WITNESS WHEREOF, the above -bounded parties have executed this instrument under their seals this 23rd day of July , 2024, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) (Acknowledgment) (Corporate Seal) (Acknowledgment) (Seal) Approved as to form: City Travelers Casualty and Surety Company of America Surety B Attorneys -in -fact Catherine A. Pinney Title Attorney in Fact (Witness) Payment Bond 2024 Pavement Rehabilitation and Drainage Improvement Project 40 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento On 2.0�_ before me, j k personally appeared Catherine A. Pinney Stephanie Agapoff, Notary Public (insert name and title of the officer) who 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1, L IliI G STEPHANIE AGAPOFF Notary Public - California z z m Sacramento County z V ° Commission # 2442125 rr,- (Seal) `F :o" s My Comm. Expires Mar 23, 2027 CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF J� C10V On Ty(Y 90 , 2024 before me, Alf dZ_ /�h�° , Notary Public, personally appeared �/�/ aY/V, who proved to me on the basis of satisfactory evidence to be the erson(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, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. *my NICK YOUNG Notary Public • California Z Santa Clara CountyCommission # 2386608 Comm. Expires Dec 12, 2025 r Signature: (Seal) Comm. E...es Dec I Payment Bond 2024 Pavement Rehabilitation and Drainage Improvement Project 41 Travelers Casualty and Surety Company of America A Travelers Casualty and Surety Company TRAVELERSJ St. Paul Fire and Marine Insurance Company POWER of ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Catherine A. Pinney of PETA►LUMA , California , their true and lawful Attorney(s)4n-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any .actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. HAMM " cNNVF. State of Connecticut By: City of Hartford ss. Robert L. Dane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Laney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 * ^� . " Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies; which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company`s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any !Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant. Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Comspanys seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Sensor Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bands and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding. to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 23rd day of July 2024 film, MN1=S N CONN. Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power ofAf tomey please callus at 1a800r421=3880Y Please refer to the above-named A orr7ey(s)-in-Fact and the details of the bones to which this Powerro►fAitorney is atfached. ' 1 0 A" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 7/26/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER IMA, Inc. Blvd. Suite 100 3475 E. Foothill , Pasadena, CA 91107 CONTACT NAME: PHONE A/CC. No Ext : 626 799-7000 FAX No : 626 583-2117 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC ## INSURER A: Arch Insurance Company 11150 www.boltonco.com OH64724 INSURED INSURER B: Indian Harbor Insurance Company 36940 O'Grady Paving, Inc. Best Equipment Rentals 2513 Street INSURER c: Arch Indemnity Insurance Company 30830 INSURER D: INSURER E: MountaiView CA 94043 INSURER F: COVERAGES CERTIFICATE NUMBER: 81162979 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A ✓ COMMERCIAL GENERAL LIABILITY 71 PKG8985002 7/1/2024 7/1/2025 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 CLAIMS -MADE F_v1OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PEC LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY ✓ 71 PKG8985002 7/1/2024 7/1/2025 Ea aBINEDtSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident A UMBRELLA LIAB r/ OCCUR 71 UFP8985002, $5M 1 st 7/112024 7/1/2025 EACH OCCURRENCE $10,000,000 B EXCESS LIAB CLAIMS -MADE SXS005937903, $5M x $5M 7/1/2024 7/1/2025 ,/ AGGREGATE $10,000,000 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/E? ECUTIVE Y / N OFFICER/MEMBEREXCLUDED . (Mandatory in NH) N 1 A ,� 71 WC1993501 7/1/2024 7/1/2025 `/ SPER TATUTE EORH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $15000,000 E.L. DISEASE - POLICY LIMIT $ 1,0001000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: OGP Job #24092, Pavement Rehabilitation & Drainage Improvement Project GL & Auto Additional Insureds apply per CG20101219, CG20371219 & 00CA0115001013 attached, only if required by written contract/agreement. GL & Auto Primary & Non -Contributory Wording apply per CG20011219 & CA04491116 attached. WC Waiver of Subrogation applies per WC040306484 attache GL, Auto & WC Cancellation Clauses apply per OOMLOO87001110 attached. Additional Insured(s): Town of Los Altos Hills, it's elected and appointed officials, employees and volunteers. CERTIFICATE HOLDER CANCELLATION OGP Job #24092 Town of Los Altos Hills SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: John Chau ACCORDANCE WITH THE POLICY PROVISIONS. 26379 Fremont Road Los Altos Hills CA 94022 AUTHORIZED REPRESENTATIVE Chau Tran ACORD 25 (2016103) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 81162979 1 OGRAPAV-C1 1 24-25 GL Auto WC XS I Nancv Cadwallader 1 7/26/2024 11:46:58 AM (PDT) I Pacre 1 of 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - BLANKET This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Under Covered Autos Liability Coverage, the Who is An Insured provision is amended to include as an "insured" the person or organization who is required under a written contract to be included as an "insured" under this policy, but only with respect to their legal liability for your acts or omissions or the act or omissions of a person for whom Covered Autos Liability Coverage is afforded under this policy. All other terms and conditions of this policy remain unchanged. Endorsement Number: Policy Number: 71 PKG8985002 Named Insured: O'Grady Paving, Inc. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 7/1/2024 00 CA01 15 00 10 13 Page I of 1 81162979 1 OGRAPAV-Cl 1 24-25 GL Auto WC XS I Nancv Cadwallader 1 7/26/2024 11:46:58 AM (PDT) I Pacfe 2 of 12 71pmG89e5002 COMMERCIAL AUTO CA 04 49 11 16 THIS. ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect tocoverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. Condition in the Business Auto Coverage Form and the Other lneurance— Primary And Excess Insurance Provisions in the Motor [}nn1er Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to on"insured"under your policy provided that: 1. Such "insunsd"ioaNamed Insured under such other insurance; and 2. You have agreed in writing in o contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such CA 04 49 11 16 The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision1oth000ntnary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided ihet: 1. Such "insured" is oNamed Insured under such other insurance; and 2. You have agreed in vvhUng in m contract or egneornant that this insurance would be primary and would not seek contribution from any other insurance available to such @Insurance Services Office, Inc., 2016 Page I of I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION - CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 30 days, except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker or agent. Schedule Person(s) or Organization(s) including mailing address: (Blanket wording option) All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this Policy unless otherwise stated herein: (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: 71 PKG8985002 Named Insured:O'Grady Paving, Inc. Endorsement Effective Date: 7/1/2024 00 ML0087 00 11 10 Page 1 of 1 81162979 1 OGRAPAV-Cl 1 24-25 GL Auto WC XS I Nancv Cadwallader 1 7/26/2024 11:46:58 AM (PDT) I Pacre 4 of 12 POLICY NUMBER: 71pKG8Q85OO2 COMMERCIAL GENERAL LIABILITY CG2O1O1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations All parties where required by written contract. Any premises where required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section KI—Wbo Is An Insured is amended to include as an additional insured the person(s) or organization(s)shown inthe Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, inwhole orinpart, by: 1. Your acts or omissions; or 2' The acts oromissions of those acting on your behalf; in the performance ofyour ongoing operations for the additional insured(s) at the location(s) designated above. However: 1' The insurance afforded to such additional insured only applies to the extent permitted by |ovv and 2. Ifcoverage provided tothe additional insured b» required by a contract or agroement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional inouredo, the following additional exclusions apply: This insurance does not apply to"bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such vvorb, on the project (other than service, maintenance orrepairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for o principal as apart ofthe same project. CG 20101219 @ Insurance Services Office, |nc..2018 Page 1of2 C. With respect to the insurance afforded to these additional ineurods, the following is added to Section III — Limits 0f Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf ofthe additional insured is the amount ofinsurance: 1' Required bvthe contract oragreement; or 2- Available under the applicable limits of insurance; whichever kaless. This endorsement oheU not increase the applicable limits of insurance. Page 2 of @ Insurance Services Office, |nc..2018 CG 20101219 POLICY NUMBER: 71PKG8885OO2 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY., AL iii,411-1-F-1 1:1 4M 1:4 UNA I L01 0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Where required by written contract, but only when the contract specifies coverage for completed operations. All Locations where required by written contract. Information required to com lete this Schedule, if not shown above, will be shown in the Declarations. A. Section Ul —Who Is An Insured is amended to include as an additional insured the parson(s)or organization(s) shown in the 8oheduka, but only with respect to liability for "bodily injury" or "property damage" uauead, in whole or in port, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "prod ucts-com pleted operations hazard'. However 1_ The insurance afforded to such additional insured only applies tuthe extent permitted by law; and 2. Ifcoverage provdedLoLheaddibono|ineuredks required by e contract or ogreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 B. With respect to the insurance afforded to these additional insureds, the following is added to SectonIII—LinmdeOf Insurance: If coverage provided to the additional insured is required by o contract or agreement, the most we will pay on behalf ofthe additional insured is the amount ofinsurance: 1. Required bvthe contract oragreement; or 2' Available under the applicable limits of maunsnoe' whichever is less. This endorsement shall not increase the @ Insurance Services Office, Inc., 2018 Page I of I 71PKG8085002 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance oveUab|a to an additional insured under your policy provided that: (1) The additional insured is e Named In- sured under such other insurance; and CG 20 01 04 13 (2) You have agreed in writing in o contract or agreement that this insur- ance would be primary and would not seek contribution from any other insur- ance available to the additional insured. @ Insurance Services Office, |nc.2O12 Page I of I 71 PKG8985002 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY■ This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and MAI (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page I of 1 81162979 1 0GRAPAV-C1 1 24-25 GL Auto WC XS I Nancv Cadwallader 1 7/26/2024 11:46:58 AM (PDT) I Paqe 9 of 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION - CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 30 days, except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker or agent. Schedule Person(s) or Organization(s) including mailing address: (Blanket wording option) All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide, such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. I Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this Policy unless otherwise stated herein: (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: 71 PKG8985002 Named Insured:O'Grady Paving, Inc. Endorsement Effective Date: 7/1/2024 00 ML0087 00 11 10 Page 1 of I 81162979 1 OGRAPAV-Cl 1 24-25 GL Auto WC XS I Nancv Cadwallader 1 7/26/2024 11:46:58 AM (PDT) I Pacre 10 of 12 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA WC 04 03 06 (Ed. 04-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be on such remuneration. Person or Organization % of the California workers' compensation premium otherwise due Schedule Any person or organization where waiver of our right to recover is permitted by law and is required by written contract was ececuted prior to date of loss. Notes: Job Description 1. This endorsement may be used to waive the company's right of subrogation against named third parties who may be responsible for an injury. 2. The sentence in ( ) is optional with the company. It limits the endorsement to apply only to specific jobs of the insured, and only to the extent that the insured is required to obtain this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 7/1/2024 Policy No. 71 WC 1993501 Endorsement No. Insured O'Grady Paving, Inc. Insurance CompanyArch Insurance Company Best Equipment Rentals Countersigned By WC 04 03 06 (Ed. 04-84) 81162979 1 0GRAPAV-C1 1 24-25 GL Auto WC XS I Nancv Cadwallader 1 7/26/2024 11:46:58 AM (PDT) I Page 11 of 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION - CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 30 days, except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker or agent. Schedule Person(s) or Organization(s) including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this Policy unless otherwise stated herein: (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: 71WC1993501 Named Insured:0'Grady Paving, Inc. Endorsement Effective Date: 7/1/2024 00 ML0087 00 11 10 Page 1 of 1 81162979 1 OGRAPAV-Cl 1 24-25 GL Auto WC XS I Nancv Cadwallader 1 7/26/2024 11:46:58 AM (PDT) I Paste 12 of 12