HomeMy WebLinkAboutGraham Contractors, Inc. 2014-07-16 _
� C�S�i. /`iIS C� �'1
�
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
SLURRY SEAL OF LOCAL
STREETS
Specification No. 14-06
I
THIS AGREEMENT, made this �`jL day of_,�(.� ��i 20�, by and between the City of Ukiah,
Mendocino County, Califomia, hereinafter called the City and Graham Contractors, Ir�einafter called the
Contractor.
WITNESSETH:
W HEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract
documents for the work herein described and shown and has approved and adopted these contract documents,
specifications and drawings and has caused to be published in the manner and for the time required by law a notice
to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal
accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for ihe construction of !
the proposed work in accordance with the terms of this contract and
I
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the
proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular
responsible bidder for the work and for the sums named in the proposal,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
ARide1 WorktobeDoneandContractDavsAllowed.
That the Contractor shall provide all necessary machinery, tools. apparatus and other means of construction; shall ,
furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary I
for completion of the work in conformity with the Special Provisions and other contract documents hereto attached
and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within
thirty(30) working days. Contract days shall be counted starting with the 10th day following receipt of notice that the I
contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of
counting contract days, however, in no event shall the Contractor start work without giving notification to the
Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or
without having submitted certificates of insurance that have been accepted and approved by the Engineer i�
Slurry Seal of Local Streets 47 Spec. No. t4-06 I
, — � —.
I
,
Article II. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete
performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full
compensation for all material and appliances necessary to the work, for all labor and use of tools and other '
implements necessary to execute the work contemplated in this contract, for all loss or damage arising out of the
nature of the work or from the action of the elements, or from any unforeseen obsVuctions or difficulties which may
be encountered in the prosecution of the work, for all risks of every description connected therewith; for all
expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses
incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and
the requirements of the City. I
Article III. Labor Discrimination. I
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race,
color, national origin or ancestry, or religion of such persons and every contractor for public works violating
this section is subject to all the penaities imposed for a violation of this chapter"
In connection with the pertormance of work under this contract, the Contractor agrees as follows
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment
because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action
to ensure that applicants are employed and that employees are treated during employment without
regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be I
limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment �
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for empioyment, notices to be provided by the awarding authority setting ,
forth the provisions of this Fair Empioyment Practice section.
(b) The Contracror will send to each labor union or representative of workers with which he or she has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by the
awarding authority, advising the said labor union or worker's representative of the Contractor's
commitments under this section, to employees and applicants for employment.
(c) The Contractor will permit access to his or her records of employment, employment adveRisements,
application forms and other pertinent data and records by the Fair Employment Practices
Commission, City of Ukiah or any other appropriate agency of the State of California designated by
the awarding authority, for the purposes of investigation to ascertain compliance with the Fair
Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair
Employment Practices Act shall be regarded by the awarding authority as a basis for determining the
Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may
submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish,
reestablish or renew a pre-qualification rating for the Contractor '
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment
Practices Act to have occurred upon that it has investigated and determined that the Contractor has
violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426
or obtained an injunction under Labor Code Section 1429.
I
Slurry Seal of Local Streets 48 Spec. No. t4-06 '
— �
-
.
� Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall �
notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority
within a stated period that the violation has been corrected, his or her pre-qualification rating will be
revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contracror has not complied with the j
Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and !
1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for i
each person who was denied employment as a result of such non-compliance, the penalties provided
in the Labor Code for violation of prevailing wage rates Such monies may be recovered from the
Contractor The City may deduct any such damages from any monies due the Contractor.
(f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of
fashion so as to prevent the City or the State of Califomia from pursuing any other remedies that may
be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has
or will meet the following standards for affirmative compliance, which shall be evaluated in each case
by the awarding authority I
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all
supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination
clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all
sources of employees' referrals (including unions, employment agencies, advertisements,
Department of Employment)of the content of the anti-discrimination clause
(3) The Contractor shall file a basic compliance report, as required by the City. Willfully false
statements made in such reports shall be punishable as provided by law. The compliance report shall i
also spell out the sources of the work force and who has the responsibility for determining whom to I
hire, or whether or not to hire. I
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with
the unions with whom he or she has agreements, attempt to develop an agreement which will.
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training.
b. Otherwise implement an affirmative anti-discrimination program in terms of the unions'
specific areas of skill and geography to the end that qualified minority workers will be available
and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, !
firms or organizations during the period of its pre-qualification.
(h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tler
subcontract so that such provisions will be binding upon each such subcontractor.
(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of �i
submitting the bid. I
I
Slurry Seal of Local Streets 49 Spec. No. 14-06 I'I
_
�
1 I
Article IV. Parts of the Contract
That the complete contract consists of the following documents, all of which shall be considered a part of this
agreement.
1. Notice to Bidders
2. Wage Rates
3 General Conditions
4 Technical Specifications I
5 Proposal
6. Fair Employment Practices Certification
7. Agreement
S. Contract Bonds
9. Contract Drawings and Construction Details
10. Standard Drawings
11. Indemnification Agreement
IN W ITNESS W HEREOF,this contract being executed in duplicate and the parties having caused their names to
- N
be signed by authority of their duly authorized office this ;.� day of J �� i `� 20 1`i
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA II
B � � , � � ��
Y —
��TY MANAGER, CITY OF UKIAH
� '
; � �
Attest: . 'i. �• ���iJ � i• �`I r�,. �, �, i, �." b � - - �
CITY CLERK, CITY OF UKIAH I
By: L� //l/',/� ��i�� I
�C�1T ACTOR ^�
Attest: �0 (ti�� a- �� .��Jl v.�.-- �
Title: Yaula Graham, Corporate Secretary
fti �
The foregoing contract is approved as to form and legality this �6 ✓ day of J t..�, 20 /�.
.
CITYA EY, CI YOFUKA
I
Slurry Seal of Local Sireets 50 Spec. No. 14-06 '�
�
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, Califomia, on 1���-Y ! U , 20 � `' , by ;
and behveen the City of Ukiah (Ukiah) and Graham Contractors, Inc. (Contractor)
Contractor is
perf'orming�rrv Seal
for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect
Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification Contractor shall indemnify and hold harmless Ukiah and its officers. agents, and employees
from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of
damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order
attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other
wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY: �%���'/ �
����
TITLE David Graham, Vice President
I
Slurry Seal of Local Streets 51 Spec. No. 14-06
i
I _ -_ _ _. . _ — —. — __ _ _ . _ _ J
il '
� Bond No. 1069075992
', "Bond executed in Duplicate Premium: $488.00
�i CITY OF UKIAH
Mendocino County, Califomia
FAITHFULPERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, Graham Contractors, Inc.
AS PRINCIPAL, and
Travelers Casualty and Surety Company of America I
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called Ihe"City", in the penal sum of
Seventv One Thousand Two Hundred Six and 90/100 dollars($ 71,206.90 �
for the paymentof which sum we bind ourselves,our heirs,executors.administrators,and successors,jointly and
severally.
WHEREAS,the Principal has entered into a certain Contract with the City, dated Julv 2 , 20 14 , a
copy of which is hereto attached and made a part hereof,
NOW,THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully peAorm the
Contract and all duly authorized modifications thereol, during its original term and any extensions thereof that may
be granted and during any guaranty period for which the Contract provides, and if[he Principal shall fully satisfy all
claims, arising out of ihe prosecution of the work under the Contract and shall fully indemnl(y the City for all
expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the
Principal shall make full payment to all persons suppfying labor, services, materials, or equipment In the
prosecution of the work under the Contract, in defaWt of which such persons shall have a direct right of action
hereopon; and if the Principal shail pay or cause to be paid all sales and use taxes payable as a result of the
performance of Ihe Contrect as well as payment of gasoline and special motor fuels taxes in the performance of the
Contract and all motor vehicle fees required fior commercial motor vehicles used in connection with the
performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect No
modlfication of the Contract or extension of[he term thereof, nor any forbearance on the part of the City shall in any
way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification,
extension, or forbearance is hereby waived.
1N WITNESS WHEREOF,the aforesaid Principal and Surety have executed this instrumentand affixed their seals
hereto, this 9th day of July ,20 14
In the presence of:
WITNESS: �I
(SEAL) �
(Individual Principal)
I
(Business Address) I
(CitylState/Zip Code) �
I S ec.No 74-06
Slurry Seal of Local Streets 52 �
I — -- — — — —. �
WITNESS�+ II
' � ' t c ���,-. Gr�am ontractor c.
Tony Gulbr a, Witness orporate nnc Affix
David Graham, Vice Preside�rfrporate
Seal i
860 Lonus Street
(Business Address) I
San Jose, CA 95126-3713 '�
(City/5tate/Zip Code)
Arr�`T:l l,�� _j�;;�i
Paula Graham, orporate Secretary �CorporatePrincipal) Affix
Corporate
Seal �
(Business Address)
(City/State/Zip Code)
ATTESTp: � � � Tra elers Casualty and Surety Company of America
l J�X.��-1 T�-L`�-v��1 '
e y ow ey, ' i ness � � I
�C mes Ross AtY�rney-In-Fact Cor orate ��.
p
Seal
ONE TOWER SQUARE I
(Business Address)
HARTFORD, CT06183
(City/State/Zip Code)
The�ate of premium on this bond is$ 6.85 per[housand. I
The total amount of premium charges is $ 488.00
(The above is ro be filled in by Surety Company). (Power of Attomey of person signing for Surery Company must be
attached).
(CERSIFICATE AS TO CORPORATE PRINCIPAL)
� Paula J. Graham , certifythatlamthe Corporate
Secretary of the corporation named as Principal in the foregoing bond, that
T�^���a �raham , who signed the said bond on behalF of the Principal,was then ,
Vice President of said corporation; Ihat I know his signature, and that his
signa[ure there[o is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said
corporation by authority of its governing body.
r
�/ r
`pJ(.�� � � _��lA �. __ Affix Corporate Seal
Slurry Seal ot Local Streets 53 Spec No 14-06
I
I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Francisco I
On Jl!; 9 2D94 before me, Nathan Robert Varnold . Notary Public,
personally appeared James Ross who proved to me on the basis of
satisfactory evidence to be the person{s; whose name�s} is/a�e subscribed to the !
within instrument and acknowledged to me that he/sk�e/� executed the same
in his/kx�/i#e+� authorized capacity(ies), and that by his/"".� 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.
���� - _�,- �� � � ���— �
�i NnrHan�o�t�zi v�H i
�� ��(m�t CO^�"Ji. # 1944-
��ti� y°'� tio erP�suc.cviF,._ Signature � � �
'�i', (_�� �^ :o� i.�' � ':.
Nathan Robert Vamold, Notary Public
(Seal) I
�I
i
I J
. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER I�
w, PowH;x or,ri°roa�r:v
7RAVELERSJ �'nrminglon CaswJlc(�umpunc SL 1'aul\Irrcun'In,uurance Cnmpanc
Fidelih'anA Guarantr Inzurunce Compxny Truvelers C:i.rualt�':mA tiurch�Cnmpanr
I�idelitc:md Gu:u':uric Inmr:mce l'ndencri�ers.Ine Tr:n'elers Casualh and tiure�c Cnmpanr of Ameriu� I,.
SL Paul Pire and \tarine Inwrance('umpnnc Cni[ed S[a[es Fidrlih and Guaranry'Cnmpanc '
SL Puul(;unrdian Insurnncc Cmnpanp
I
Atlurnec-In ��:,,��,�,. ���„„�,�e�,,. 0 0 5 8 5 5 6 8 5
���,H� �
KVOR' .4L1. \IG9 Iil' 'PHP:tiIC PRESEV"fS Thai Parnungmn Cnwuhv Companv. St. Nuul Firr wid \1annc la,uran.r ('umpwi�. Si. Paul Guurdiun In.urancc
Compam.Si. Pnul 1lerrun Incumncz Cnmpuny.Tr.nrlrrs Ca.ualty un<I Sureiv Company.l'racclers Cuu:dp� and Suretc Cuinpam ul Ameneu. ;md CnimJ Smte.
Fidclity anJ (ivaramy ('ump:my ure coq�oruiiuns duh organlreJ under the Inws ol thc Staic of ConncalcW, Ihai Pidelity ancl Guanmiy Insurance Cnmpum is u
caipum�ion Julv ur,vnrzrd under Ihe laws o�the Stam nl'lou�u.anJ tha�Pldelity;ind Gitareniv Inmranee Undencri�er�.Ine.i.u rorporatinn duk urganizecl uncler tlie
Pao.��i ihz Sr.ac ut�ti1,.connln lhercin collcctlreh culled the'Companle>l.;md that Ihe Companlzs do herehc mukc eon.tim�c and vppoint
� Juhn�P. Lcuieri.Tom Branig�n.John Gillllxnd. Patrick Muughan.J�mc. Russ.and Nathan Vamold
I
o(the Ci[c ol $8f1 FPIIICISI'O .Stale o( C��IfOf018 ,[heir Ime e��A lawful Atlomey191-io-Fact.
each in thclr.epurn2 cnpadtr i(mure Ihan onz is na�ned above.«>sign.execute.seal xnd acAnuu�ledge any and all bonds,recognizance>,condltionul undertaAin�.and ,
o�her writmgs nbligamry in Ihc nature theren(on hchalf of Ihe Compunic. in their bu�iness ol guoranlecing the fidelity nf persons,guur.intecing�he performancc oC
conlmcn anJ executinp nr ouarmteting bund.and undermAing.myuimd or pe�mitted in any actlonx or proceedine�allowed by law.
_
t\�tlT\F:tiS\t'HERI',UF.the Companies hace cauwd this instmmem Io be sisned nnd Iheir enrpon�e.talz m be herzto afllrzd.this 4lh �.
�
d;n ot April . _ _.. 01�1 ,
IFarmin�,�on Casuallc Cumpanc tiL Paul\Icrcurp Insuranm Companr I
Fideli�c and Guar:mh'In�urance Companc 'I7:n'elers Casualtc:md Sure�c Cnmpam'
Fidelity an�Gu�r:mly In�urance Underwri�er.ro.Inc 77evelers('asuallc.inA Sumh'Uompanp uLlmericu '
' tiL Pxul 1'ire and\Iarine Insurance Cumpam Uni�ed til.�les Fidelilc and Guarantc Cnmpam' ,
51.Paul Guardian Insur:mce(bmpam I
I �6 r� .. 4 O`M FS� � . u\ � �ynswtir ���Y��
p{'A'�4`b�n F 6 NWIXRfimc "1. � C's 1 Z p�� 'INflIFOMJ �� OfO. �5 ��� .
g � � _ CONN �j 3 �O
Ys�`�+E��s �9 �E 1951 �l-' �SCn�4dr �SERL`x ,Og" iy����it�F' �"hAtn
sva s r
,
�
Sl:ae ul Cunnreticm Bc: _ _ _ -
ICLV u(H;u'I��vd 5a. Ruhcr�L.kuncy.,enior Vicc Presidcm i
On�his ihc �ll� day o( April 2OI; .before me peuonullJ'aPPcarcd Rohcn L.Ranzy.���ho acknowledgeJ him�df�n �
b�Ih�S�niur Vi�e Pr sident o�Faimmetnn(asuahv Compairy, f idelirv and Guaranty Insurvnce Comp nrv'.FiAeli�y'md Guaranty Insuranee Und�n�ri�errc.lne..SL Paul
Fin :mJ\iarine In.w.mce Comp.mv.St Paul Gunrdiun Imurance Comp�im'.St.Puul \t�rcury Inwrvn �Compam'. Ir�czlzrs Casualp'and Suret� Compnny,Trurelers
C:uu:Jtc und Suretv Cnmpany ol Americu.und Cnimd Ste�c.FiJrlltr and Gu.uunn Compum'.;md that hc.a�such.b.ing uwhorized.o m do.esecwed thc fnreeome
in.u'ument Yur�he purpuses rherdim m�tained by cignlug nn heh:ill ot the coi��oradonn h��hlni.clf a,��duk awhorimd of�icer.
I o.Tn �,c, C . ���"
In�\'ilnes,�\t'hereol'.I hemuntn+et my hand and a�llri:d.roL ��p.��� --
\h�('umnu..inn��y+ire�Ihe 30th d'n)'et lunc._'01 G_ * ' �O�AG * �\4u�r C lbu::ad�_Aoi.in PuhLe
C�'� �S
Sf1440-8�12 Printetl in U.S.A.
WARNING'.THIS POWEF OF ATTORNEV IS INVALID WITHOUT THE RED BORDER
I
I —
i
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I
State of Califomia )
)
County of Santa Clara )
On July 15, 2014 before me, Tony D. Gulbraa, Notary Public, personally appeared
David Graham who proved to me on the basis of satisfactory evidence to be the I
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. �.�- - - _��
TONY D. GULBRAA
=�;����" Commission #2002703
WITNESS my hand and official seaL � :��_:,.=�;, Notary Public - Calitornia �
Santa Clara County a
PAy Comm.Expires Dec 31,2016
Signature �'`` � �L' ���� � ��'�� —{Seal)
...�.�.........>,,,,�......�......«..,.0 P T I O N A L.�..«���,.,,�..«<,.���,,...�.......,�.....«��
(Though the information below is not requiretl by law. i�may prove valuable to persons relying on Ihe document antl could prevent '
fraudulen� removal and reat�achmen�of this form to another tlocmnent.)
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 I
Signer's Name: I
Individual
Corporate Officer—Title(s) I
Partner-- Limited General !
Attomey in Fact
Trustee
Guardian or Conservator
Other
Signer is Representing
Rignt Twmbpnm of Signer Above i
I
I
i
_ -- - -
- --�
"Bond executed in Duplicate Bond No. 1069075992 I
Premium noted on Performance Bond ��
CITY OF UKIAfi
Mendocino County, Califomia
MATERIAL AND LABOR BOND �
KNOW ALL MEN BY THESE PRESENTS,
I
That we the undersignetl, i
Graham Contractors, Inc. ,AS PRINCIPAL,and
Travelers Casualry and Surery Companv of America , AS SURETY, I
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the"City"in the penal sum of
Seventy One Thousand Two Hundred Six and 90/100 dollars{$ ��.Zo6.9D �
for the payment of which sum we bind ourselves, our heirs, executors,administrators, and successors,jointly and i
severally.
WHEREAS,the Principal has entered into a certain Contractwith the City, dated July 2 , 2014 , a
copy of which is hereto attached and made a part hereof,
NOW,THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the
Contract and all duly authorized modifications thereof, during its original term and any extensions thereot that may I
be granted and during any guaranty period for which the Contrect provides, and if Ihe Principal shall fully satisfy all
claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all I
expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the
Principa! shal! make full payment to all persons supplying labor, services, materials, or equipment in the
prosecution of the work under the Contract, in default of which such persons shall have a direct right of action
hereupon; and if !he Principal shall pay or cause to be paid aA sa)es and use taxes payable as a result of the I
performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the ii
Contract a�d all motor vehicle fees required for commercia! moror vehicles used in connection with the
performance of the Contract, then this obligation shall be void;otherv✓ise, it shall remain in full force and effect. No I
modificaiion ot the Contract or extension oi the term thereof, nor any forbearance on the part of the City shall in any
way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification,
extension,or forbearance is hereby waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed the+r seals ;
hereto, this 9th day of Julv ,20�_.
In the presence of:
WITNESS: I
(SEAL) I
(lndividual Principal) ,
(Business Address)
(Gty/State/Zip Code) i
ISlurry Seal of Local Streets 54 Spec No �4-06 ��,
I
I
I I
-
1
Graham Contractor , In
WITNESS: �� c , ���
Tony Gulbr a, Witness C rporate Pr Affix
David Graham, Vice Presiden�ea?°rate I
860 Lonus Street
(Business Address) I
San Jose, CA 95126-3713
(City/State/Zip Code)
ATT�T: ;
' �Ll��—�� �.l�u,�.__
Paula Graham,�Corporate Secretary (CorporatePrincipap Affix I
Corporate
Seal
(Business Address)
(City/State/Zip Code)
ATTEST: /� _T�raJeler�s�Casy alty and Surety Company of America
�i r Q Y . . K.C�,:�-..i / `/ � `—
Kelly Rowley, Witne s James RossSAttomey-In-Fact Co porate
Seal
ONE TOWER SQUARE
(Business Address)
HARTFORD. CT06183
(Ciry/State/Zip Code)
The rate of premium on this bond is$ 6.85 per thousand.
The total amount of premium charges is$ Premium noted on Performance 6ond '
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be
attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
�, Paula J. Graham , certify that I am the
Secretary of the corporation named as Principal in the foregoing bond; that
David Graham , who signed the said bond on behalf of the Principal,was then
VioA PrPCiden of said corporation; Ihat I know his signature, and that his
signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalt of said I
corporation by authority of its governing body.
` ��Le.sl,� �}_ �� �,lfG--�- Affix Corporate Seal
� _
Slurry Seal oF Lxal Streets 55 Spec No 74-06
.
�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Francisco
On �II; �2(�i� before me, Nathan Robert Varnold , Notary Public, I
personally appeared James Ross who proved to me on the basis of I
satisfactory evidence to be the person(s-) whose name{s� is/a�e subscribed to the
within instrument and acknowledged to me that he/s#e/� executed the same
in his/1�/t#�ei� authorized capacity(ies), and that by his/h^.� 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.
I
WITNESS my hand and official seal. '
� �
� �__
c ��,� �a� �
C / �
4 ��` �''� CCMM # 1944. ° i � /
( � f z NO Akrr��LIGCAL�P��
LY \�,.sa.�' )RAkG= cc�;n��, � Signature
�. �.. .
�•� � �`�� ' Nathan Robert Varnold, Notary Public
(Seal)
II
� J
—
WARNWG'THIS POWER OF ATTORNEV IS INVALID WITHOUT THE RED BOPDER
�A, POWIiR OF ATTORNEY
TRAVELERSJ Farmin�ton Casualh Cnmpam tiL Paul\Iercur� Insurancc Cnmpam
•
F'idelilr and Guaran�c Insuranee Cnmpany 'Precelers Casualh':md Surely Companc
�idclilc:mA Guaranh Insurence Cndencrilers,Inc. Tr�celers Casualh'xnd Surelp Cnmpanc of:\merie.�
SL Puul Fire and\larine Insurance('nmp�nc l�nited St�tes Fiddily vnd Guarnnlr Cnmpam�
SL P:ml Guardian Insur:mee Cnmpam
:\LLorne�dn �:,��� .o. �«�,������.�. 0 0 5 8 5 5 6 8 4 M I
''7383
KNOW AI.I, MEn 6q 'I'tIN:SE PRP:S@:N'PS'. Tha[ Fnrminpion Cnsu:dt� Cumpunp. SI. P2ul Frtc and \9urinz Inwrunrc ('nmpanc St. Paul GuurJiun In.urancz
Cumpam. Si. Paul Ylercury Insurance Compuny.l7aueler. Casuahc and Sw'ery Compmc."frareler. Cawully and Sunlr Cumpanc ol Amerlca. ond Onited Sta�a.
Pidelity und (ivaruntv Compuny .�re mryonnion> dul}� or2unized unAer thc laws of�he SLile ol ConneclicuL �hat Fidellty enA Guur.miy 6uurance Compan) is e
�oipouition July or,�anncJ under Ihe Imcs n(ihe Siate ol la�ea.und th:V I�idcllir and Guarznly Insurnnce Underwntzes.lnc..i..u corpormion duly oroaniuJ under the
Lr.�.ol ih¢Siotc ul Wucnn.in Iherrin cullecGc��l� called Ihr"Companic�1.xnd Iha�the Cumpunios do hereby muke.con�Ihuie nnd appulnl
Juhn T. I.ouicri.Tom 13runigan.John Gillil,md.PWricA Mou,hnn.Jumcs Ro,v�.:md Nalhan V,irnuld
nf�he Citc ol Silll FfBIICItiCO .Slate ul CH�I�nr�la .Iheir We a0d luw(ul AVOrnec(sl-in-FacC I
each in Iheir>epura�e cupncilc it nmre Oian one is named abnve.to sien,ezecum.sexl und acknnwled�e�ny end all bonds,recoenizanms conditionul undercakings and
nthzr writinc..nbGgatory in Ihe namre thercof nn bchal(nl ihc Companlc.. in their busines��nl�uaranleein�the fideliry of�x.rson.,guarantccing Ihe per(ormance of
cnnvacn and ezecwfng or euaranteeing bonJs and undertaAine.rcyuired or permined in any uclions or proceedings allo��ed by la�e.
I
IN\1'17'XEtiti\�HEREOF.the Companic.hace caused Ihi.in+trument w be aiened and thcir corporate sealv lo be hereto al'fized.thi+ ��h
d�,ico( April _. '_01�1 �
Farmin�tnn Casualtc Compam' tiL Paul\Icrcurr Insurancc Compam'
Fidelitc and Guarantc Insurance C.ump:�n� Tr:n'elen Casualt}':md tiuren�Cnmpan}
Fidelin'and Guarantc In+uranee I�nAen�riters,Ine "fr:n'elers Casuallc and Suretr Compan� M':\meriaa
SL I'aul Fire and Dlarine Insurance Companc Cni�eA Sta[es Fidelitp and Guaranl�'Cnmpanc
SL Paul Cuardian Insurance Compnnc
2 G�5 �g�ry�� � y.*s�/^\ P r L„\ I p ..�,""ti 9 a� ��yy SuntiY �4��1Y.(b'� ...
_��f°^i�a e�'J� pC0iW0.41F0� ( :� . I' , � 1 e.. �� �� �O
O � { m� £ i0P9r HPFIFOR�s HlF1i0W. �S �
1982 "o � 1977 g . ' ' � ' coxe g �ess
�y�� r 7951 � si n[, o: \ SBAL r
�n �ObF ��d, � sw x+a�1 \�.«� •Oc� 8�,...'�ac6 �'bhA1N
Ar� \..
Sta2o(Conneeii.ut 13c: p�"�" ^=���!�� .
Ci�v ol HanlixJ+ti. Robett L.k;mcy. tnior Vice President
On�his thc ;��� da�'ot A���� . ���� .be(orc me personnlh'xppcared Robcrt L.Raney.�vho acknowledeed hlmself to
be thz Senior Vice Przsidem ol Famiingewi C:isualic Company. Pidelin'and Guaeant}'Insurance Compam'.Fidelin'and Gu�ranrv Inwrance Underx�riters.Ine.SI.Paul
Ffre anJ�1:irine Inwrana Cumpany.S�.Paul Guardian Irt.urenm Company.S�.Paul Memun' Insueance Company.lYa�elen Casmitc and Surelr Company.Trnrelzr. �.
Ctuuullc unJ Surelv Compam-of Amenca.wid Cnitzd Stme.f'Ideliic anJ Guur,imc Compam�.;ind that he.m.uch,being mnhnrized so Io do.eaecutzd ihe Cnre�oin� �
iiutrumeN li�r Ihe puepases Ihuein contained bv sfening nn behull nt�he:rtpor.aions bc him.rlf u,u duk umhuriied niti.rr.
�p.TlT� n,�, I� /� J—\ J-1� _ n l �i
In 1\llnc�s\Chrreof.I hcrcunlu s t m� h:inJ'inJ nfh�i:il .c:J. * .. .. �W�/" l. . �,J..C./�1�'�'�X7` I
\h C i nni..ion eapi[c'IhC iU�h da)�n[ lunc 'Uln_ * A(/BLAG 'k VI.inc l T i,...:uh.A„r.in Puhh. �
o s
MV Ct'�
58440-8-12 Printed in U.S.A. �
I
WARNING:THIS POWER OF ATTOFNEV IS INVALI�WITHOUT THE FED BORDER �
i
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
)
County of Santa Clara )
I On July 15, 2014 before me, Tony D. Gulbraa, Notary Public, personally appeared
David Graham 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
ibehalf 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 I
foregoing paragraph is true and correct.
TONYD. GULBqAA
WITNESS my hand and official seal. Q;� Commission#2002703 i
i ��� d Notary Public -California =
_. . Santa Clara Counry ?
`� � � My Comm.Ezpires Dec 37,2016
� Signature i%�� `i��� � �� ��.�"(���<<<< �(Seal) �
I ..�. �,,.�.<,...�.....��.�<.�,..��.���.��OPTIONAL,,.,.���..�,,,����..�..�..<..,.�.....<,.�...��...
(Though the information below is not required by law, it may prove valuable to persons relying on Ihe document antl could prevent I
fraudulent removal and reallachment of this form to another document.)
Description of Attached Document
� Title or Type of Document:
Document Date: Number of Pages: I
Signer(s) Other Than Named Above;
I Capacity(ies) Claimed by Signer
I Signer's Name� �
Individual
I CorporateOfficer—Tltle(s): i
Partner-- Limited - General
Attomey in Fact �
ITrustee
Guartlian or Conservator I
I Other
� Signer is Representing:
ftigM Tbumbprint ol&gnar Above
' DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and
state his place of residence.
� 5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the i
corporate name.
6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation,
shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies
attached to such records of the corporation as will evidence the official character and authority of the officer
signing, duly certified by the Secretary or Assistant Secretary. under the corporate seal, to be true copies '
I 7. The current power-of-attorney of the person signing for the surety company must be attached to the bond i
8. The date of the bond must not be prior to the date of the Contract.
9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and b.
The total dollar amount of premium charged.
10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of I
the bond.
11. Type or print the name undemeath each signature appearing on the bond
12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart)
intended for signing.
I
I
I
� Slurry Seal of Local Streets 56 Spec. No 14-06
I — —