24-123 C2R Engineering, Inc. for Jollyman Sanitary Sewer Lateral project PO 2025-186Public Works Project: C2R Engineering, Inc. for Jollyman Sanitary Sewer Lateral project
Public Works Contract / April 2024
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PUBLIC WORKS CONTRACT
$200,000 OR LESS
1. PARTIES
This public works contract (“Contract”) is made by and between the City of Cupertino (“City”), and
C2R Engineering, Inc., a Corporation (“Contractor”), for Jollyman Sanitary Sewer Lateral project, and
is effective on the last date signed below (“Effective Date”).
2. SCOPE OF WORK
Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any
other items or work necessary to perform and complete the work required for the Project (“Work”),
as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance
with the terms and conditions of this Contract. Contractor further agrees to carry out its work in
compliance with any applicable local, State, or Federal order regarding COVID-19.
3. TIME FOR COMPLETION
3.1 Term. This Contract begins on the Effective Date and ends on December 31, 2024
(“Contract Time”) unless terminated earlier as provided herein. Contractor’s Work shall begin on the
date shown on a written Notice to Proceed (“NTP”) and must be fully completed within the Contract
Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue
a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of
insurance and any performance and payment bonds that may be required. The Director of Public
Works may authorize the extension of the Contract Time by up to sixty (60) calendar days through a
written amendment to this Agreement, provided such extension does not include additional contract
funds.
3.2 Time is of the essence for Contractor’s performance and completion of the Work.
Contractor must have sufficient time, resources, and qualified staff to deliver the work on time.
3.3 Liquidated damages of $500.00 will be charged for each day of unexcused delay, or City may
deduct the amount from Contractor’s payments. Liquidated damages are based on reasonably
foreseeable consequences of delay and may include intangible losses which the Parties agree may be
difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss
of use of public facilities, and extended disruption to the public.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Work an amount that will based on actual costs but that will be capped so as not to exceed
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$38,750.00 (“Contract Price”), for all of Contractor’s direct and indirect costs, including all labor,
materials, supplies, equipment, taxes, insurance, bonds, and all overhead costs.
4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month,
describing the Work performed during the preceding month, itemizing labor, materials, equipment
and any incidental costs incurred. Contractor will be paid ninety-five percent (95%) of the undisputed
amounts billed within thirty (30) days after City receives a properly submitted invoice. Any retained
amounts will be included with Contractor’s final payment within sixty (60) days of City’s acceptance
of the Work as complete.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is
solely responsible for the means and methods of performing the Work and for the persons under
this employment. Contractor is not entitled to worker’s compensation or any other City benefits.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that
they have the qualifications and skills to perform the Work in a competent and professional manner and
according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they
are properly licensed, registered, and/or certified to perform the Work as required by law, and have
procured a City Business License, if required by the Cupertino Municipal Code. Contractor shall
possess a California Contractor’s License in good standing for the following classification(s): A,
which must remain valid for the entire Contract Time.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Contract.
Prior written approval from City is required for any subcontractor, and the terms and conditions of
this Contract will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and
equipment required to perform the Work under this Contract.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and
any of its employees, agents, and subcontractors shall not have any claim under this Agreement or
otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime,
health insurance, medical care, hospital care, insurance benefits, social security, disability,
unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely
liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to
Contractor’s business including, but not limited to, federal and state income taxes. City shall have no
obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that
Contractor or any employee, agent, or subcontractor of Contractor providing services under this
Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority,
including but not limited to the California Public Employees Retirement System (PERS) to be eligible
for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless
City for the payment of any employee and/or employer contributions for PERS benefits on behalf of
Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and
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interest on such contributions, which would otherwise be the responsibility of City, and actual
attorney’s fees incurred by City in connection with the above.
6. CHANGE ORDERS
Amendments and change orders must be in writing and signed by City and Contractor. Contractor’s
request for a change order must specify the proposed changes in the Work, Contract Price, and
Contract Time. Each request must include all the supporting documentation, including but not
limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date.
7. ASSIGNMENTS; SUCCESSORS
Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or
indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do
so will be null and void. Any changes related to the financial control or business nature of Contractor
as a legal entity is considered an assignment of the Contract and subject to City approval, which
shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power
of the business entity. This Contract is binding on Contractor, its heirs, successors, and permitted
assigns.
8. PUBLICITY / SIGNS
Any publicity generated by Contractor for the Project during the Contract Time, and for one (1) year
thereafter must credit City contributions to the Project. The words “City of Cupertino” must be
displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service
announcements, and newspaper articles. No signs may be posted or displayed on or about City
property, except signage required by law or this Contract, without prior written approval from the City.
9. SUBCONTRACTORS
9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire
qualified subcontractors to perform up to 0% of the Work, provided that each subcontractor is
required by contract to be bound by the provisions of this Contract. Contractor must provide City
with written proof of compliance with this provision upon request.
9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on
the Project, if City in its sole discretion determines that subcontractor’s Work falls short of the
requirements of this Contract or constitutes grounds for rejection under the Public Contract Code. If
City rejects a subcontractor, Contractor at its own expense must perform the subcontractor’s Work or
hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within
fifteen (15) days after City accepts the Work if the Contract involves work by subcontractors.
10. RECORDS AND DAILY REPORTS
10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and
at completion of Project. The reports must describe the Work and specific tasks performed, the number
of workers, the hours, the equipment, the weather conditions, and any circumstances affecting
performance. City will have ownership of the reports, but Contractor will be permitted to retain copies.
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10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and
updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must
be identified for all major components of the Work, including mechanical, electrical and plumbing
work; HVAC systems; utilities and utility connections; and any other components City determines
should be included in the final drawings of the Project. Deviations from the original drawings must be
shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be
shown by dimension and elevation.
10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance
with generally accepted accounting principles, which must be available for City review and audit, kept
separate from other records, and maintained for four (4) years from the date of City’s final payment.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, volunteers and consultants (“Indemnitees”), through legal counsel acceptable to City, from
and against any and all liability, damages, claims, stop notices, actions, causes of action, demands,
charges, losses and expenses (including attorney fees, legal costs, and expenses related to litigation
and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or
in any manner relating to any of the following:
(a) Breach of contract, obligations, representations or warranties;
(b) Performance or nonperformance of the Work or of any obligations under the Contract
by Contractor, its employees, agents, servants, subcontractors or subcontractors;
(c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for
Work performed on or off the Project Site; and
(d) Personal injury, property damage, or economic loss resulting from the work or performance
of Contractor or its subcontractors or sub-subcontractors.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a
tender of defense upon receiving notice from City of a third-party claim, in accordance with
California Public Contract Code Section 9201. At City’s request, Contractor will assist City in the
defense of a claim, dispute, or lawsuit arising out of this Contract.
11.3 Contractor’s duties under this entire Section 11 are not limited to Contract Price, Workers’
Compensation, or other employee benefits, or the insurance and bond coverage required in this
Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity
in favor of Contractor against City or any other Indemnitee.
11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to
a claim or counterclaim arising out of this Contract, a purchase order or other transaction.
11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
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entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11.6 This Section 11 shall survive termination of the Contract.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit
B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or
longer as required by City. City will not execute the Contract until City has approved receipt of
satisfactory certificates of insurance and endorsements evidencing the type, amount, class of
operations covered, and the effective and expiration dates of coverage. Failure to comply with this
provision may result in City, at its sole discretion and without notice, purchasing insurance at
Contractor’s expense, deducting the costs from Contractor’s compensation, or terminating the
Contract.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this
Contract. Contractor will promptly notify City of changes in the law or other conditions that may
affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the
employment status of employees performing the Work, as required by the Immigration Reform and
Control Act
13.2 Labor Laws.
(a) The following provisions apply to contracts of $1,000 or more:
(i) In General. For purposes of California labor law, this is a public works
contract subject to the provisions of Part 7 of Division 2 of the California Labor
Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771,
Contractor and all subcontractors shall pay not less than current prevailing
wage rates as determined by the California Department of Industrial Relations
(“DIR”) to all workers employed on this project. In accordance with Labor
Code Section 1815, Contractor and all subcontractors shall pay all workers
employed on this project 1 ½ the basic rate of pay for work performed in excess
specified hour limitations. The work performed pursuant to this Contract is
subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
(ii) Registration. Contractor and all subcontractors shall not engage in the
performance of any work under this Contract unless currently registered and
qualified to perform public work pursuant to section 1725.5 of the California
Labor Code. Contractor represents and warrants that it is registered and
qualified to perform public work pursuant to section 1725.5 of the Labor Code
and will provide its DIR registration number, along with the registration
numbers of any subcontractors as required, to the City.
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(iii) Posting. Contractor shall post at the job site the determination of the DIR
director of the prevailing rate of per diem wages together with all job notices
that are required by regulations of the DIR.
(iv) Reporting. Contractor and any subcontractors shall keep accurate payroll
records in accordance with Section 1776 of the Labor Code and shall furnish
the payroll records directly to the Labor Commissioner in accordance with the
law.
(v) Report on Prevailing Rate of Wages. The City has obtained the general
prevailing rate of per diem wages in the vicinity of the project for each type of
worker needed, a copy of which is on file at the City of Cupertino City Hall,
and shall be made available to any interested party upon request.
(vi) Employment of Apprentices. Contractor’s attention is directed to the
provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the
employment of apprentices by the Contractor or any subcontractor. It shall be
the responsibility of the Contractor to effectuate compliance on the part of itself
and any subcontractors with the requirements of said sections in the
employment of apprentices. Information relative to apprenticeship standards,
wage schedules, and other requirements may be obtained from the Director of
Industrial Relations, ex-officio the Administrator of Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship Standards and its
branch offices.
(vii) Penalties. Contractor’s attention is directed to provisions in Labor Code
Sections 1775 and 1813. In accordance with Labor Code Section 1775,
Contractor and subcontractors may be subject to penalties for Contractor’s
and subcontractors’ failure to pay prevailing wage rates. In accordance with
Labor Code Section 1813, Contractor or subcontractors may be subject to
penalties for Contractor’s or subcontractors’ failure to pay overtime pay rates
for hours worked by workers employed on this project in excess specified
hour limitations.
(b) Contractor must compensate workers who are paid less than prevailing wages or required to
work more than a legal day’s work. Contractor will also be required to pay City a penalty of
$200.00 per worker for each day of violation.
(c) As required by Labor Code Section 1861, by signing this Contract Contractor certifies as
follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers’ compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the work of this contract.”
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed,
color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex,
gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any
other protected classification. Contractor shall comply with all anti-discrimination laws, including
Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5.
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Consistent with City policy prohibiting harassment and discrimination, Contractor understands that
harassment and discrimination directed toward a job applicant, an employee, a City employee, or
any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated.
Contractor agrees to provide records and documentation to the City on request necessary to monitor
compliance with this provision.
13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents, may not
have, maintain or acquire a conflict of interest in relation to this Contract in violation of law,
including Government Code section 1090 and Government Code section 81000 and their
accompanying regulations. No officer, official, employee, consultant, or other agent of the City (“City
Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that term is
defined by state law, or in violation of a City ordinance or policy while serving as a City
Representative or for one year thereafter. Contractor, its employees, subcontractors, servants, and
agents warrant they are not employees of City nor do they have any relationship with City officials,
officers, or employees that creates a conflict of interest. Contractor may be required to file a conflict
of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in
Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by City
rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursement, or terminating the Contract. City reserves all
rights and remedies under the law and this Contract, including seeking indemnification.
14. BONDS
For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond,
each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated
here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating
from A.M. Best Company of Class A- or higher, or as otherwise acceptable to City. If an issuing surety
cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety
acceptable to City within seven (7) calendar days after written notice from City. If Contractor fails to
do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor’s expense,
deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the
Contract nor issue the NTP until the required bonds are submitted.
15. UTILITIES, TRENCHING, AND EXCAVATION
15.1 Contractor must call the Underground Service Alert (“USA”) 811 hotline and request marking
of utility locations before digging or commencing Work. For underground service alerts for street
lighting and traffic signal conduits, City’s Service Center must be called at (408) 777-3269.
Government Code Section 4215 requires Contractor to notify City and Utility in writing if it
discovers utilities or utility facilities not identified in the Contract.
15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in
writing, and wait for instructions if one of the conditions below is found at the worksite. City will
work with Contractor to amend the Contract or issue a change order if the discovered conditions
materially change the Work/Performance, Contract Time or Contract Price.
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(a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and
which requires removal to a Class I, Class II, or Class III disposal site pursuant to law;
(b) Subsurface or latent physical conditions at the Project worksite differing from those
indicated by information about the worksite made available to Contractor; and
(c) Unknown physical conditions at the Project worksite of any unusual nature, materially
different from those ordinarily encountered and from those generally recognized as
inherent in the character of the Work.
15.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in
depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6705, prior
to commencing work. The plan must show the design of shoring, bracing, sloping, and other
provisions for worker protection from caving ground and other hazards. The protective system must
comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must
be prepared by a registered civil or structural engineer.
16. URBAN RUNOFF MANAGEMENT
16.1 All Work must fully comply with federal, state, and local laws and regulations concerning
storm water management. Contractor must avoid creating excess dust when breaking asphalt or
concrete and during excavation and grading. If water is used for dust control, Contractor will use only
the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep
wash water out of the streets, gutters, and storm drains. Prior to the start of the Work, Contractor will
implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and
maintain these controls based on weather conditions or as otherwise required by City. These controls
must be in place during the entire Contract Time and must be removed at the end of construction and
completion of the Work. Such controls must include, but will not be limited to, the following
requirements:
(a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and
block and gravel filters at all drain inlets impacted by construction. During the annual rainy
season, October 15 through June 15, storm drain inlets impacted by construction work must be
filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or
vacuum saw-cut slurry and remove from the Work site;
(b) Cover exposed piles of soil or construction material with plastic sheeting. Store all
construction materials in containers;
(c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm
drains prior to rain and at the end of each work day. When the Work is completed, wash the
streets, collect and dispose of the wash water offsite in lawful manner;
(d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff;
(e) Maintain a clean work area by removing trash, litter, and debris at the end of each work
day and when Work is completed. Clean up any leaks, drips, and other spills as they occur.
16.2 These requirements must be used in conjunction with the California Stormwater Quality
Association and California Best Management Practices Municipal and Construction Handbooks,
local program guidance materials from municipalities, and any other applicable documents on
stormwater quality controls for construction. Contractor’s failure to comply with this Section will
result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines.
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17. PROJECT COORDINATION
City Project Manager. City assigns Susan Michael as the City representative for all purposes under
this Contract, with authority to require compliance with the Scope of Work. City may substitute
Project Managers at any time and without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Trevor Connolly as its
single representative for all purposes under this Contract, with the responsibility to ensure progress with
the Work. Contractor’s Project Manager is responsible for coordinating and scheduling the Work and
must regularly update the City Project Manager about the status and any delays with the Work,
consistent with the Scope of Work. Any substitutions must be approved in writing by City.
18. ABANDONMENT AND TERMINATION
18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be
compensated for satisfactory Work performed through the date of abandonment and will be given
reasonable time to close out the Work. With City’s pre-approval in writing, the time spent in closing
out the Work will be compensated up to ten percent (10%) of the total time expended in performing
the Work.
18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid
for satisfactory Work rendered through the termination date and will be given reasonable time to close
out the Work.
18.3 Final payment will not be made until Contractor delivers the Work and provides records
documenting the Work, products and deliverables completed. Nothing in the Section below is intended
to delay, abridge or bar City’s right under this Section.
19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
This Contract is governed by the laws of State of California. Venue for any legal action shall be the
Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public
Contract Code Section 20104, et seq., incorporated here by reference, apply to this Contract and
Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit,
Contractor must comply with the claim filing requirements of the California Government Code. If the
Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and
include detailed written findings of law and fact.
20. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing
party will be entitled to reasonable attorney fees and costs.
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21. SIGNS/ADVERTISEMENT
No signs may be displayed on or about City’s property, except signage which is required by law or by
the Contract, without City’s prior written approval as to size, design and location.
22. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Contract.
23. WAIVER
Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract
provision. City waiver of any breach shall not constitute waiver of another provision or breach.
24. WARRANTY
Contractor warrants that materials and equipment used will be new, of good quality, and free from
defective workmanship and materials, and that the Work will be free from material defects not
intrinsic in the design or materials. All Work, materials and equipment should pass to City free of
claims, liens or encumbrances. Contractor warrants the Work and materials for one year from the date
of City’s acceptance of the Work as complete (“Warranty Period”), except when a longer guarantee is
provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period,
Contractor will repair or replace any Work defects or materials, including damage that arises from
Contractor’s Warranty Work, except any wear and tear or damage resulting from improper use or
maintenance.
25. ENTIRE CONTRACT
This Contract and the attachments, documents, and statutes attached, referenced, or expressly
incorporated herein, including authorized amendments or change orders constitute the final and
complete contract between City and Contractor with respect to the Work and the Project. No oral
contract or implied covenant will be enforceable against City. If there is any inconsistency between
any term, clause, or provision of the main Contract and any term, clause, or provision of the
attachments or exhibits thereto, the terms of the main Contract shall prevail and be controlling.
26. SEVERABILITY/PARTIAL INVALIDITY
If a court finds any term or provision of this Contract to be illegal, invalid, or unenforceable, the
legal portion of said provision and all other contract provisions will remain in full force and effect.
27. SURVIVAL
The contract provisions which by their nature should survive the Contract or Completion of Project,
including without limitation all provisions regarding warranties, indemnities, payment obligations,
insurance, and bonds, shall remain in full force and effect after the Work is completed or Contract
ends.
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28. INSERTED PROVISIONS
Each provision and clause required by law to be inserted in this Contract will be deemed to be
included and will be inferred herein. Either party may request an amendment to cure mistaken
insertions or omissions of required provisions.
29. CAPTIONS
The captions, titles, and headings in this Contract are for convenience only and may not be used in
the construction or interpretation of the Contract or for any other purpose.
30. COUNTERPARTS
This Contract may be executed in counterparts, each of which is an original and all of which
taken together shall form one single document.
31. NOTICES
All notices, requests, and approvals must be sent in writing to the persons below and will be
considered effective on the date of personal delivery, the date confirmed by a reputable
overnight delivery service, on the fifth (5th) calendar day after deposit in the United States
Mail, postage prepaid, registered or certified, or the next business day following electronic
submission:
To City of Cupertino:
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
cc: Representative/Coordinator:
Susan Michael
Email: SusanM@cupertino.org
To Contractor:
C2R Engineering, Inc.
100 Mountain View Ave.
Los Altos, CA 94024
cc: Representative/Coordinator:
Trevor Connolly
Email: trevor@c2rengineering.com
32. EXECUTION
The persons signing below warrant they have the authority to enter into this Contract and to
legally bind their respective Parties. If Contractor is a corporation, signatures from two officers
of the corporation are required pursuant to California Corporations Code Section 313.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution
Date first above written.
CITY OF CUPERTINO,
a Municipal Corporation
By: __________________________________
Title: ________________________________
Signature Date: _________________________
C2R ENGINEERING, INC.
By: __________________________________
Title: ________________________________
Signature Date: _________________________
APPROVED AS TO FORM:
By:
MICHAEL WOO
Acting City Attorney
ATTEST:
By:
KIRSTEN SQUARCIA
City Clerk
Date:
PRESIDENT
Aug 28, 2024
Director of Public Works
Aug 28, 2024
Aug 29, 2024
C2R Engineering Inc
Lic # 994397
PO Box 1017
Mountain View
CA 94043
Phone: (415) 559-2841
EXHIBIT A
ESTIMATE
DATE: AUGUST 22TH 2024
TO: Susan Michael Capital Improvement Programs Manager Public Works
FOR:
Upgrade existing 4” VCP sewer lateral with 4” HDPE via
pipe-bursting at Jollyman Park Cupertino
DESCRIPTION
SCOPE
A.USA area
B.Mobilize
C.Set up and maintain traffic control for our portion of work
D.Pothole existing utilities as needed
E.Excavate and shore pits (insertion and excavation) up to 11’ deep
F.Pipe-burst approx. 40’ of existing 4” VCP with 4” HDPE
G.Tie in to existing 10”x 4” VCP sewer mainline
H.Place rock around connection points as required
I.Install 4”x4” SDR26 clean out wye on property and reconnect to existing 4” line
J.Backfill and compact all trenches per City of Cupertino details
K.Restore area
Exclusions:
Permits and inspection costs
Quote $38,750.00
Alternate (not included in pricing below) Remove and replace concrete (if needed) - $2,500
SCHEDULE: APPROXIMATELY 2 DAYS OF WORK.
Insurance Requirements Construction Contracts Version: August 2024 1
Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of
the Project, insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or
subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an
“occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability
arising from Contractor’s or Subcontractor’s acts or omissions, including Contractor’s protected coverage,
blanket contractual, products and completed operations, vehicle coverage and employer’s non-ownership liability
coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all
liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG
25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess
of the specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader
coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek
contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO CG 20 10 04 13
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess
insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to
protect City as a named insured.
2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then
hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily
injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s
Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by
statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly
authorized by the DIR.
☐ N/A if box checked (Contractor provides written verification it has no employees).
4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000
aggregate.
☐ N/A if box checked (Contract is not design/build).
5. Builder’s Risk. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with
limits equal to the completed value of the project and no coinsurance penalty provisions.
PUBLIC WORKS CONSTRUCTION CONTRACTS
Small Projects - $200,000 or less
Insurance Requirements: Exhibit B
Insurance Requirements Construction Contracts Version: August 2024 2
☒ N/A if box checked (Project does not involve construction or improvements/installations to property).
6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits
no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
☐ N/A if box checked (Project does not involve environmental hazards)
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and
shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City’s option, either:
(1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers,
officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City
guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy
language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named
insured or the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered
as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services
performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL
coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG
20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used.
Primary Coverage
For any claims related to this Project, Contractor’s insurance coverage shall be “primary and non-contributory” and
at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall
not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess
Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a “primary and non-contributory” basis for the benefit of City.
Notice of Cancellation
Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each
certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled
or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums,
in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified
mail and addressed to the attention of the City Manager.
Builder’s Risk
Contractor may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name
the City as a loss payee, as its interest may appear. The Builder’s Risk policy must be issued on an occurrence basis,
for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance
penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting
in its sole discretion, to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property
Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing
buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any
Insurance Requirements Construction Contracts Version: August 2024 3
building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the
Work, including during transit, installation, and testing at the City’s site.
Waiver of Subrogation
Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation
it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire
from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of
subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Acceptability of Insurers
Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or
higher.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable
insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received
and approved by the City before work commences. The City reserves the right to require complete, certified copies of
all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For
CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a
sum equal to the applicable Service Order Price. If the Performance Bond provides for a one-year warranty a separate
Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a
Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible
corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent
with an office in California.
Special Risks or Circumstances
City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage,
or other circumstances.
Bond Number: 101244623
Premium: $698.00
Performance Bond
< City of Cupertino , (City")and C2R Engineering, lnc.
("Contractor") have entered into a contract for work on the
< Jollyman Sanitary Sewer Lateral > Project ("Project"). The Conlract is
incorporated by reference into this Performance Bond ("Bond")
1. General. Under this Bond, Contractor as princip al and Merchants Bonding Cornpany (Mutual)
its surety ('Suretv ), are bound to City as obligee for an amount not less than
^rhd F.h, f'"i*"d e,-'H";;d F,n .$;'.di,ii#*T&ffi_sdl -_'to ensure Conlraclor's faithful performance of its obligations under
the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or
executors of Surety and Contraclor.
2
3
4.
5
Surety's Obligations. Surety's obligations are co-extensive with Contractor's obligations
under the Contract. lf Contractor fully performs its obligations under the Contract, including
its warranty obligations under the Contract, Surety's obligations under this Bond will
become null and void. Otherwise, Surety's obligations will remain in full force and effect.
Waiver. Surety waives any requirement to be notified of and further consents to any
alterations to the Contract made under the applicable provisions of the Contract
Documents, including changes to the scope of Work or extensions of time for performance
of Work under the Contract. Surety waives the provisions of Civil Code SS 2819 and 2845.
Application of Contract Balance. Upon making a demand on this Bond for completion of
lhe Work prior to acceptance of the Project, City will make the Contract Balance available
to Surety for completion of the Work under the Contracl. For purposes of this provision, the
Contract Balance is delined as the total amount payable by City to Contractor as the
Contract Price minus amounts already paid to Contractor, and minus any liquidated
damages, credits, or backcharges to which City is entitled under the terms of the Contract.
Contractor Default. Upon wriften notification from City of Contractor's termination for
default underArticle'13 ofthe Contract General Conditions, time being of the essence,
Surety must act within the time specilled in Article 13 to remedy the default through one of
the following courses of action:
5.1 Arrange for completion of the Work under the Contract by Contractor, with City's
consent, but only if Contractor is in default solely due to its financial inability to
complete the Work;
5.2 Arrange for completion of the Work under the Contract by a qualified contraclor
acceptable to City, and secured by performance and payment bonds issued by
an admitted surety as required by the Contract Documents, at Surety's expense;
or
5.3 Waive its right to complete the Work under the Contract and reimburse City the
amount of City's costs to have the remaining Work completed.
Surety Default. lf Surety defaults on its obligations under the Bond, City will be entitled to
recover all costs it incurs due to Surety's default, including legal, design professional, or
delay costs.
Notice. Any notice to Surety may be given in the manner specified in the Contract and
sent to Surety as follows:
6
7
Attn: Kevin B rs
PERFORMANCE BOND
PREIVIUM IS FOR CONTRACT TERI\,I
AND IS SUBJECT TO ADJUSTMENT
BASED ON FINAL CONTRACT AMOUNT,
2024 Fotm
EXHIBIT C
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 )
"tl"* lrlOn before me, Traci E. Nakagaki, Notary Public
(insert name and title of the officer)
personally appeared Ryan Tash
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
ottz
TSACI E. I{AI(AGAKI
coMM. #2383',|22
Notary Public . Californla
zv
Comm.
Sacramento County
Nov, 15 2025
(Seal)
MrncH,lNrF\
their true and lawful Anorney(s)-in-Fact, lo sign its name as surcty(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature theaeof, on behalf of the Companies in their business of guaranteeing the fidelity of
persons, guaranteeing lhe performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions
or proceedings allowed by law.
This Power-otAttorney is granted and is signed and sealed by facsimile under and by authority of the followjng By-Laws adopted by the Board
of Directors of lvlerchants Bonding Company (Mulual) on Apil23, ?011 and amended August 14. 2015 and adopted by lhe Board of Directors of
Merchanls National Bondinq, lnc., on Oclober 16,2015.
"The Presidenl, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Altorneys-in-Facl, and to aulhorize them lo execute on behalf of the Company, and attach the seal of the Company ihereto,
bonds and undertakings, recognizances, contracts of indemnily and otherwritings obligatory in the nature thereof."
.The signature of any aulhorized officer and lhe seal of lhe Company may be affxed by facsimile or electronic transmission to any Power of Atlomey
or Cenifcation lhereof authorizing lhe execulion and delivery of any bond. undenaking, recognizgnce, or other suretyship obligations of the
Company, and such signature and sealwhen so used shallhave the same force and effect as lhough manually fixed."
ln conneclion with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney-in-Fact includes any and all consenls for lhe release of retained percentages and/or linal estimales on engineering and construclion
conkacts required by the State of Florida Department of Transportalion. lt is fully understood that consenting to the State ofFlorida Department
of Transportation making paymenl of the fnal estimate to the Contractor and/or its assignee, shall not relieve lhis surety company of any of
its obligations under its bond.
ln connection wilh obligalions in favor of lhe Kentucky Department of Highways only, il is agreed lhal lhe power and authority hereby given
to the Attorney-in-Fact cannot be modiied or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Depanmenl of Highways ofihe Commonwealth of Kentucky at least lhiny (30) days prior to the modificalion or revocation.
ln Wtness Vvhereof, lhe Companies have caused this inslrument to be signed and sealed this 3rd day of February , 2024
^sl.titi'ii';'
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MERCHAIITS BONOING COI$PANY (]'UTUALI
IIIERCHANTS NATIONAL BOIDING, I]{C.
d/b/. ,TERCHA TS NATIONAL INDEtINITY COMPANY
V?,LBy
On this 3rd day oI February 2024 , belore fie appeared Larry Taylor, lo me personally known, who being by me duly swom
did say that he is President of MERCHANTS BONDTNG CoMPANY (MUTUAL) and MERoHANTS NATIoNAL BoNDING, lNC.; and that the
seals affxed to lhe foregoing instrument are the Corporale Seals of the Companies; and that the said instrument was signed and sealed in behalf
o, the Companies by authority oftheir respeclive Boards of Directors-
(Expiration of notary's commission does not invalidate this instrumenl)
t, Wittiam Warner, Jr., Secretary of IvIERCHANTS BONDING COI\TPANY (MUTUAL) and MERCHANTS NATiONAL BONDING, lNC., do hereby
cenafy that the above and foregoirE is a lrue and conect c.py ot the POWEROF-ATTORNEY executed by said Companies, which is still in full
force and effect and has rct been amended or revoked.
ln Witness vlhereof, lha\e hereunto set my hand and afrixed thesealofthe Companies on thrs 27th dayof August ,2024
.7/rzr-,...;1$Ii,T*-qa. _.4.'& - dr - .
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&:::*:::$
ik Penni Miller
commission Number 787952
My Commission g(pires
January 20,2027
POA 0018 (1i 24)
Secretary
z*4
BONDING COMPANY,"
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, lNC.,
bolh being corporations of the Stale of lowa, d/b/a Merchants National lndemnity Company (in California only) (herein collectively called lhe
''Companies") do hereby make, conslitule and appoint, individually,
Christine Stradford; Katherine DuPont; Ryan Tash; Susan Fournier
PREMIUM INCLUOED IN PERFORMANCE BOND Bond Number: 101244623
Payment Bond
< City of Cupertino > ("City")and C2R Enqineeri ng, lnc
("Contractor") have entered into a contract for work on the
< Jollyman Sanita ry Sewer Lateral > Project ("Prolect"). The Contract
is incorporated by reference into this Payment Bond ("Bond")
1. General. Under this Bond, Contractor as principa I and [4erchants Bonding Company (Mutual)
,1.*:^rJ,g,ly"Ls.ygg;). are bound lo City as obligee in an amount not tess than
g rftv;rc-oo,oo tj.r"" aje ,50 oo) , under California Civil Code S 9550 et seq., to ensure payment to
authorized claimants. This Bond is binding on the respective successors, assigns, owners,
heirs, or executors of Surety and Contractor.
2 Surety's Obligation. lf Contractor or any of its Subcontractors fails to pay a person
authorized in California Civil Code S 9100 to assert a claim against a payment bond, any
amounts due under the Unemployment lnsurance Code with respect to work or labor
performed under the Contract, or any amounts required to be deducted, withheld, and paid
over to the Employment Development Department from the wages of employees of
Contractor and its Subcontractors under California Unemployment lnsurance Code g 13020
with respect to the work and labor, then Surety will pay the obligation.
Beneficiaries. This Bond inures to the benefit of any of the persons named in California
Civil Code S 9100, so as to give a right of action to those persons or their assigns in any
suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon
request by any person with legal rights under this Bond.
Waivers. Surety waives any requirement to be notified of alterations to the Contract or
extensions of time for performance of the Work under the Contract. Surety waives the
provisions of Civil Code SS 2819 and 2U5. City waives the requirement of a new bond for
any supplemental contract under Civil Code S 9550. Any notice to Surety may be given in
the manner specilied in the Contract and sent to Surety as follows:
Attn Kevin Byers
Address: P.o. BoX 1,1498,
City/Slate/Zip DES MOINES, tA 50306 - 3498
Phone: (515) 243-8171
Email
Law and venue. This Bond wili be governed by California law, and venue for any dispute
pursuant to this Bond will be in the < Santa Clara > County Superior Court, and
no other place. Surety will be responsible for City's attomeys'fees and costs in any action
to enforce the provisions of this Bond.
J
4
5.
6
2024 Fo(m PAYI\,4ENT BOND
Duration. lf Contractor promptly makes payment of all sums for all labor, materials, and
equipment furnished for use in the performance of the Work required by the Contract, in
conformance with the time requirements set forth in the Contract and as required by
California law, Surety's obligations under this Bond will be null and void. Otherwise,
Surety's obligations will remain in full force and effect.
kbvers@merchantsbondino.com
[Signatures are on the following page.]
SURETY:
Merchants Bonding Company (Mutual)
Business Name
s/08t27 t2024
Ryan Tash, Attorney-in-Fact Date
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
C2R Engineering, lnc.
Business Name
S/
Date
Name, Title
END OF PAYIV1ENT BOND
\:.\
-- !.
. .^\ .'--.': a
2024 Fotm PAYMENT BOND
7. Effective Date; Execution. This Bond is entered into and is effective on Aug'"t 27
204
AGKNOWLEDGMENT
A notary public or other officer complettng 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.
County of Sacramento )
On
oolz+ lz1 before me, Traci E. Nakagaki, Notary Public
(insert name and title of the officer)
personally appeared Ryan Tash
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
hisiher/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.
TRA ct E. t{A
coMM. #238 3122WITNESS my hand and official seal Notary Publ lc . Californla
zvozSacramenlo
Comm,Nov. l 2U5
Signature (Seal)
State of California
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Mrncxe.NiFE\
BONDINC COMPANY,"
POWER OF ATTORNEY
Know All Persons By These Presents, thal I\,IERCHANTS BONDING COMPANY (t UTUAL) and [4ERCHANTS NATTONAL BONDtNG, lNC.,
both being corporations ofthe Stale of lowa, d/b/a Mer6hanls National lndemnity Company (in Califomia only) (herein collectively called the
"Companies') do hereby make, constilute and appoint, individually,
Christine Stradford; Katherine DuPont; Ryan Tash; Susan Foumier
their true and lawful Aftorney(s)-ia-Fact, to sign its name as surety(ies) and lo execute, seal and acknowledge any and all bonds, undedakings,
contracls and olher wrillen instruments in the nature thereof, on behalf of the Companies in lheir business of guaranleeing the fidelity of
persons. guaranleeing the perfomance of contracts and executing or guaranleeing bonds and undertakings required or permitled in any adions
or proceedings allowed by law.
This PoweFof-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By-L.ws adopted by lhe Board
of Dtectors of l\rerchants Bonding Company (Mutual) on Aptil23,2011 and amended August 14, 2015 and adopted by the Board of Directors of
MerchantsNataonal Bonding, lnc., on October 16, 2015.
"The Presidenl, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice Presiclent shall have power and
authority to appoint Atlorneys-in-Facl, and to aulhorize them lo execute on behalf of lhe Company, and attach the seal of the Company thereto,
bonds and undertakings, recognizancEs, conlracts of indemnily and otherwritings obligatory in the nature lhereof."
"The signature of any authorized offcer and the seal of the Company may be affixed by facsimile or electronic lransmission to any Power of Atlorney
or Certificalion theaeof aulhorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and sealwhen so used shall have lhe same force and effect as though manually fixed."
ln connection with obligations an favor of the Florida Department of Transportation only, il is agreed lhat the power and aut hority hereby given to the
Atlorney-in-Fact jncludes any and all consents for the reiease of retained percentages and/or final estimates on engineedng and construction
contracts required by the State of Florida Department of Transportation. lt is tully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve lhis surety company of any of
its obligations under its bond.
ln connection with obligations in favor ofthe Kentucky Department of Highways only, it is agreed thal the power and authority hereby given
to lhe Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonweahh of Kenlucky at leasl thirty (30) days priorto the modafication or revocation.
ln Wilness \Mereof, the Companies have caused this instrument to be signed and sealed this 3rd day of February , 2024
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MERCHANTS BOND:NG COMPANY (MUTUAL)
MERCHANTS NATIOI'IAL BONDING, INC.
d/bra MERCHANTS NATIONAL lNDEM lry COMPANY
V?A
On this 3rd day of February 2024 , betote me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COI\TPANY (tvlUTUAL) and I,4ERCHANTS NATIONAL BONDING, lNC.; and thal the
seals atfxed to lhe foregoing instrument are the Corporale Seals of the Companies; and that the said inslrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors
fk Penni Miller
Commission Number 787952
My Commission Expires
January 20, 2027
(Expiration of notary's commission does not invalidate this instrument)
t, Wittiam Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (N4UTUAL) ard MERCHANTS NATIONAL BONDING, lNC., do hereby
certify that the above and foregoirE is a true and conect copy of tlE POWEROF-ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked.
ln Witness Vvhereof, I h August .2024ave hereunto set my hand and affixed the seal of the Companies on this 27th day of
.,rltt3tr;fo,;:rilt1@1 z4z___,
fi*;,S fAo; ,S
secretary
z*4
By
POA 0018 (1/24)
C2R Engineering, Inc. for Jollyman Sanitary
Sewer Lateral project
Final Audit Report 2024-08-29
Created:2024-08-28
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAvV55xN509lSmnWtUK5oX4ZQgpmYsuf_H
"C2R Engineering, Inc. for Jollyman Sanitary Sewer Lateral proj
ect" History
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Document approved by Araceli Alejandre (aracelia@cupertino.org)
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Agreement completed.
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