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16-095 C2R Engineering, Inc., Sidewalk Construction - McClellan Rd Project No. 2016-20RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 DOCUMENT: 23435910 II I Ill 11111111111111 1111 1111 111 REGINA ALCOMENDRAS SAN TA CLARA COUN TY RE COR DER Re corded at the request of C it y Fees . Taxes Cop ies AMT PAID Pages : 5 .00 5 .00 RDE 1:1 00 1 9/19/2016 1 1: 53 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27283 NOTICE OF COMPLETION CITY PROJECT NAME: Sidewalk Construction -McClellan Road (City Project No. 2016-20) )1:]original D For Fast Endorsement 3 "NO FEE" City of Cupertino NOTICE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion dated September 15, 2016 for CITY PROJECT NAME: Sidewalk Construction -McClellan Road (City Project No. 2016-20) and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on September 15, 2016 and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: September 19, 2016 By: ~~r= Lauren Sapudar Senior Office Assistant a CUPERTINO Recording Requested By: When Recorded Mail To : City of Cupertino 10300 Torre Ave . Cupertino, CA 95014 SPACE ABOVE THIS LINE IS FOR RECORDER 'S USE NOTICE OF COMPLETION Civil Code§§ 8182, 8184, 9204, and 9208 NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is the agent of the owner of the project described below . 2. Owner's full name is : City of Cupertino, California . 3. Owner's address is: City Hall, 10300 Torre Ave ., Cupertino, CA 95014 . 4 . The nature of owner's interest in the project is: _x_ Fee Ownership Lessee Other: __________ _ 5. Construction work on the project performed on the owner's behalf is generally described as follows : City Project Name: Sidewalk Construction-McClellan Road (City Project No.: 2016-20) 6. The name of the original contractor for the project is : C2R Engineering 664 Willowgate St., Mountain View, CA 94043 7. The project was completed on : September 6, 2016 . 8. The project is located at: McClellan Road and Byrne Ave. Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice , and that the facts stated in this notice are true and correct. Sep 15, 2016; Santa Clara County Date and Place /~ ~ Siaklfe Timm Borden Director of Public Works and City Engineer Project No. 2016-20 DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS Sidewalk Construction-McClellan Road Project Number 2016-20 THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and entered into this 21st day of September, 2016 , by and between the City of Cupertino ("City"), and C2R Engineering, Inc. ("Contractor"), whose place of business is at 664 Willowgate Street, Mountain View , CA 94043 . RECITALS A. City and Contractor entered into Contract Number 2017-208 (the "Contract"). B. The Work under the Contract has been completed. Now, therefore, it is mutually agreed between City and Contractor as follows : AGREEMENT 1. Contractor will not be assessed liquidated damages except as detailed below: Original Contract Sum Modified Contract Sum Payment to Date Liquidated Damages Payment Due Contractor $ 128 ,650 .00 $ 136,054 .82 $ 127,011.20 $0 $ 9,043.62 2 . Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of Nine Thousand and Fo1ty-Three Dollars and Sixty-Two Cents ($9,043.62) under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with City as of the date of such payment. 3. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against City arising from the Contract, except for the claims described in paragraph 4 of this Document 00650. It is the intention of the patties in executing this Agreement and Release that this Agreement and Release shall be effective as a full , final and general release of a ll claims, demands , actions, causes of action , obligations , costs, expenses, damages, losses and liabilities of Contractor against City , and all if its agents, employees, consultants (including without limitation Consulting Cupe1tino), inspectors , representatives, assignees and transferees except for the Disputed Claims set fo1th in paragraph 4 of this Document 00650. Nothing in this Agreement and Release shall limit or modify Contractor's continuing obligations described in paragraph 6 of this Document 00650. 4. The following claims are disputed (hereinafter, the "Disputed Claims") and are specifically excluded from the operation of this Agreement and Release: Claim No. C ity of C up ertin o Date Submitted Description of Claim None 00650 -I Sidewalk Construction-McClellan Road Amount of Claim Agreem ent and Re lease of An y and A ll C laim s Project No. 2016-20 5. Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that, in consideration of the payment set forth in paragraph 2 of this Document 00650, Contractor hereby releases and forever discharges City , and all of its agents , employees, consultants, inspectors , assignees and transferees from any and all liability , claims, demands , actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract 6 . Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Documents . 7 . Contractor shall immediately defend , indemnify and hold harmless the City of Cupe1iino , Santa Clara County, its Architect, any of their Representatives, and all of their agents, employees, consultants, inspectors , assignees and transferees , from any and all claims, demands , actions, causes of action, obligations, costs, expenses, damages , losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or Subcontractors of any tier and /or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims set fo1ih in paragraph 4 of this Document 00650. 8 . Contractor hereby waives the provisions of California Civil Code Section 1542 , which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor. 9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in pazi under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or pazi thereof shall remain in force and effect only to the extent permitted by law , and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable . 10 . Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument. Each party represents and wa1rnnts that it has been represented by counsel of its own choosing in connection wi th this Agreement and Release. 11. All rights of City shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release. City of Cupertin o 00650 -2 Agreement and Rel ease of Any and A ll Claims Sidewalk Constru ction-McC le llan Road Project No . 2016-20 * * * CAUTION: THIS IS A RELEASE -READ BEFORE EXECUTING * * * THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ATTEST: i fucd'os;_~1:1 //, 5 ·/(, City Clerk [CONTRACTOR] By ~ Name: TREVOR CONNOLLY Its: PRESIDENT By: ______________ _ Name: _____________ _ Its: ______________ _ REVIEWED AS TO FORM: END OF DOCUMENT City of Cupertino 00650 - 3 Sidewalk Construction-McC le ll an Road Agreement and Release of Any and All C laim s Project No. 2016-20 DOCUMENT 00520 CONTRACT J,t' THIS CONTRACT, dated this 'V\ day of ..J µ&.\, 2016 , by and between C2R ENGINE ERING , INC. whose place of business is located at 664 Willowgate Street, Mo~ntain View, CA 94043 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authori ty vested in the City by the laws of the State of California. WHEREAS , City, on the 19th day of July, 2016 awarded to Contractor the following Project: PROJECT NUMBER 2016-20 SIDEWALK CONSTRUCTION-McCLELLAN ROAD NOW , THEREFORE, in consideration of the mutual covenants hereinafter set forth , Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications , Drawings, and all other terms and conditions of the Contract Documents . Article 2. Agency and Notices to City 2.1 City ha s designated John Raaymakers to act as City 's Authori zed Representative(s), who will represent City in performing City's duties and responsibilities and exercising City 's rights and authorities in Contract Documents. City may change the individual(s) acting as City 's Authorized Representative(s), or delegate one or more specific functions to one or more specific City 's Re presentatives, including without limitation engineering, architectural, inspection and general administrative functions , at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 City has designated HMH Engineers, Inc. as the Design Consultant. City may change the identity of the De sign Consultant at any time with notice and without liability to Contractor. 2.3 City has designated CSG Consultants, Inc. to act as Construction Managers . City may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.4 All notices or demands to City under the Contract Documents shall be to City 's Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address( es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3. I Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) by or before 21 calendar days following the effective date of the Notice to Proceed. City of Cupertino 00520-I Contract Sid ewalk Construction-McClellan Road ~-tk.Jl Project No. 2016-20 3 .2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above , plus any extensions thereof allowed in accordance with the Contract Documents . Consistent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incuITed by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $2,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.2 $3,000 for each occurrence of a violation of Document 00800 , Section 1.7 WORK DAYS AND HOURS. 3.2.3 Three Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion , for any reason whatsoever, that Contractor can demonstrate to City 's satisfaction is beyond Contractor's control. Liquidated damages shall apply cumulatively and , except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. Contractor should be aware that California Department of Fish and Wildlife, and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements . 3.3 Liquidated damages for delay shall only cover administrative, overhead , interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work , damages resulting from defective Work, lost revenues or costs of substitute facilities , or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto : See Exhibit "A" attached Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work , Site, locality , actual conditions, as-built conditions, and all local conditions, and federal , state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified , Contractor does not and shall not rely on any other information contained in such reports and drawings. City of Cupertino 00520-2 Contract Sidewalk Construction-McClellan Road Project No . 2016-20 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests , reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities , and all other physical cond ition s at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work , as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other term s and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests , reports, studies or similar information or data are or will be required by Contractor for such purposes . 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations , tests , reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under appl icable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution , delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00430 (Subcontractors List) Article 6. Contract Documents 6 .1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: City of Cupertino Document 00400 Bid Form Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Ce1iifications Document 00510 Notice of A ward Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notice to Proceed Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substituti on Request Form Document 00680 Escrow Agreement for Security Deposit in L ieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Specia l Env ironmental Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specification/Special Provisions Addenda(s) Drawings/Plans 00520 -3 Sidewalk Construction-McClellan Road Contract Project No. 20 16-20 6.2 There are no Contract Documents other than those li sted in this Document 00520 , Article 6. Document 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), a nd the information suppli ed therein , are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Article 7. Miscellaneous 7 .1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7 .2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an emp loyee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is lim ited and confined to such li abi li ty as authorized or imposed by the Contract Documents or appl icable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights , title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (I 5 U.S .C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section I 6700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the s ub contract. This assignment shall be made and become effective at the time City tenders fina l payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, c lassification , or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northern.html and shall be made available to any interested pa1ty on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code wh ich require every employer to be insured against liability for workers' compensation or to unde1take se lf-in surance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared in val id , void or unenforceable, a ll remaining parts , terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed in cl ud ed herein by this reference( or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7 .8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa C lara, State of California, and governed in a ll respects by California law (excluding c hoice of law rules). The exclusive venue for all disputes or liti gation hereunder shall be in Santa C lara County . Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Artic le 12 , established under the California Government Code, Title I , Division 3.6 , Part 3, Chapter 5. City of Cupertino 00520-4 Contract Sidewalk Construction -McClellan Road Project No. 20 16-20 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. SIDEWALK CONSTRUCTION-McCLELLAN ROAD CITY: CITY OF CUPERTINO, a Municipal Corporation of the State of California Attest: ~k(411 City Clerk: Grace Schmidt 7 .-J_. / -/ b Aliill ;;?'"'Y City Attorney: Randolph Stevenson Hom u\)', hocoby oortHY, "ndoc pon•lty ofpocj""" th" D.vid Brnndt, City Manager of the City of Cupertino was duly authorized to execute this document on behalfof the City of Cupertino. Dated: f-ZJ ~IC re _/ h__ David Brandt, City Manager of the City of Cupertino, a Municipal Corporation of the State of California Designated Repre se ntative: Name: Timm Borden Title: Director of Public Works Address: 10300 Torre Ave., Cupertino , CA 95014 Phone: 408-777-3354 Facsimile: 408-777-3333 AMOUNT: $128 ,650.00 ACCOUNT NUMBER: 270-90-976-900-905-ST 009-03-01 FILE NO.: 2016-20 CONTRACTOR: C2R ENGINEERING, INC. B yf~ [Signature] Title: ft£JW£rJT [If Corporation: Chairman , President , or Vice President] By:~~~~~~~~~~~~~~~~ [Signature] [Please print name her e] Title:------------------ [If Corporation: Secretary , Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] C(q43q7 chj) f1 State Contractor's License No. Cla ssificatio n Expiration Date Taxpayer ID No. 4 7-J'f !tbS'Jh Name: ~ ~Jlf Title: (?e£;.)Tf)G: if( Address: fhh tv1fb.t>~ s+-!Y11N. U<£iU Cll<fodt3 Phone: {415 J 5 54-Z'QJ..t \ Facsimile: SGG rt-'017"1'-M'f-O G-C..-x::n'::fH .. ~~ NOTA RY ACKNOLEDGEMENT IS REQUIRED. lF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT City of Cupertino 00520 -5 Contract Sidewalk Construction-McClellan Road CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness , accuracy, or validity of that document. State of California County of S B t--l'A CL-A~ On Jvl,_.,\..f 2-1 <;1 'U)l lP Date Here Insert Name and Title of the Officer personally appeared ·-ne.£ V O ~ C-0 NIU l> L--t...--1..{ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person (s) whose name~ (i§>'a'll8 subscribed to the within instrument and acknowledged to me that l\f§Ys~/tlltey executed the same in ([its!ltfsr/tl\eir authorized capacity~). and that by(@'.s/l\er/tt'\eir signature\aj on the instrument the person($}, or the entity upon behalf of which the person~acted, executed the instrument. Place Notary Sea/ Above I certify under PENAL TY 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 __ ~_-__ .... __ ~-------- Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ! Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name : ____________ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee D Guardian or Conservator D Trustee D Guardian or Conservator O Other: ______________ _ 0 Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 Nat ional Notary Association • www .NationalNotary.org • 1-800 -US NOTARY (1 -800-876-6827) Item #5907 EDIBITI Contractor's Name: C2R ENGINEERING, INC. Project No.2016-20 DOCUMENT 00400 BID FORM To be submitted as pwt of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders). TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THIS BID JS SUBMITTED BY: C2R ENGINEERING, INC. (Firm/Company Name) Re: PROJECT NUMBER 2016-20 Sidewalk Construction-McClellan Road l. The undersigned Bidder proposes and agrees , if th is Bid is acce pted, to enter into a contract with the City of Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All po1tions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non-responsive . 2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100 (Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposi tion of Bid Security . This _ Bid will remain subject to acceptance for 90 Days after the day of Bill openinl!. 3 . Bidder has visited the Site and performed all tasks, research, investigation, reviews , examinations, and an al ysis and given notices, regarding the Project and the Site, as set forth in Document 00520 (Contract), Article 5. 4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code, are Jistc::d on the attached Document 00430 (Subcontractors List). 6. The undersigned Bidder understands that City reserves the right to reject this Bid. 7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned B idder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not limited to, Document 00520 (Contract), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond). &. Notice of Award or request for at!ditional information may be addressed to the undersigned Bidder at the address set forth below on the signature page. 10. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized tu do a surety business in City of Cupertino Bid Form Sidewalk Construction-McClellan Road 00400 -1 ElllllTA Contractor's Name:_ C2R ENGINEERING, INC. ________ _ PmjectNo.2016-20 the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent (10%) of the total of Base Bid and made payable to the "City of Cupertino". 11. l11e undersigned Bidder agrees tu commence Work under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520 (Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents. 12 . The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages for failw·e to complete all Work in the Contract within the time specified in Document 00520 (Contract) shall be as set forth in Document 00520 (Contract). City of Cupertino Bid Form Sidewulk Constrnclion-McCJ ellan Road 00400 -2 DllBITI Contractor's Name _ C2R ENGINEERING, 1NC. ___________ _ SCHEDULE OF BID PRICES Project No .2016 -20 Addendum#[ All Bid items , including lump sums and unit prices, must be filled in completely. Allowances and Alternative Bid item s are described in Document 00800 (Special Conditions). Quote in figures only, unless words are specifically requested. Please Note that time extensions will NOT be permitted with the acceptance of any or all of the Alternative Bid Items listed below. ITE SPEC · DESCRIPTION UNIT EST UNIT TOTAL • M REF QTY PRICE 1 MOBILIZATION 1 LS $10,000 $10,000 2 013600 FIELD ENGINEERING AND SURVEY 1 LS WORK $10,000 $10,000 3 015526 TRAFFIC CONTROL AND 1 LS $5,000 CONSTRUCTION AREA SIGNS $5,000 4 015639 TREE PROTECTION 1 LS $1,000 $1,000 5 01 57 50 TEMPORARY WATER POLLUTION 1 LS $2 ,000 $2,000 CONTROL 6 01 71 33 UTILITY LOCATION 1 LS $3,000 $3,000 7 02 41 19 REMOVE CURB AND GUTTER 50 LF $30 $1 ,500 8 02 41 19 REMOVE DRAINAGE INLET 1 EA t'J 1111(\ t'J 11(\(\ 9 02 41 19 REMOVE PCC SIDEWALK AND 260 SF WALKWAY $10 $2,600 10 02 41 19 REMOVE WOODEN HEADER BOARD 100 LF $10 $1,000 11 02 80 00 RELOCATE BOULDER 1 EA $1,000 $1,000 12 02 82 10 RELOCATE FENCE 1 LS $2,000 $2.000 13 02 83 00 ADJUST MANHOLE TO GRADE 1 EA $1,000 .t• f\11(\ 14 02 83 00 ADJUST WATER METER BOX TO 1 EA GRADE $800 $800 15 10 14 53 RELOCATE ROADSIDE SIGN 5 EA $500 $2,500 16 3110 00 SITE CLEARING 1 LS $6,000 $6,000 17 31 13 13 REMOVE TREE 3 EA $1000 $3,000 18 312000 EARTHWORK {Final Pay Item) 80 CY $170 $13,600 19 32 01 90 PRUNE EXISTING TREES 1 LS $1,000 ~l 000 20 32 11 23 CLASS 2 AGGREGATE BASE 30 CY $100 $3,000 21 32 12 16 HMA{TYPEA) 16 TONS $500 $8,000 22 32 13 13 CONSTRUCT SIDEWALK, 930 SF WALKWAY AND DRIVEWAY $16 $14,880 CONFORM 23 32 13 13 CONSTRUCT TYPE A2-6 CURB 160 LF $50 $8 ,000 AND GUTTER 24 32 1313 CONSTRUCT CURB RAMP 2 EA $5,000 s1nnnn 25 32 13 13 CONSTRUCT DRIVEWAY 290 SF $18 $~ 220 26 32 13 13 CONSTRUCT VALLEY GUTTER 60 SF $20 $1,200 27 32 17 23 STRIPING AND PAVEMENT 1 LS $3,000 MARKINGS $3 ,000 28 32 91 00 TOPSOIL 9 CY $150 $1,350 29 33 0513 CAL TRANS GS INLET 1 EA ti:; f\11n ti:; oon TOTAL BASE BID I $128,650 City of Cupertino Bid Form Sidewalk Construction-McClellan Road 00400. 3 DllBITI Contractor's Name:_ C2R ENGINEERJNG , fNC . ____________ _ Unit Legend LS= Lump Sum EA= Each LF = Linear Feet TON= Ton or 2,000 Pounds CY = Cubic Yards LB= Pounds City of Cupertino Sidewalk Construction-McClellan Road AL = Allowance SF = Square Feet 00400-4 Project No .2016-20 Bid Forni m11111 Contractor's Name:_ C2R ENGINE ERING, INC . ____________ _ Proj ect No .2016-20 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date 1 6/30/2016 Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form. NAMEOFBIDDER: __ c_2_R_E_N_G_INE ___ E_R_IN __ G_,_IN_c_. __________________________________ ~ lice~se~ in accordance 'n(ithl!J) Jl.Qt for the registration of Contractors, and with license number: __ 9_9_4_3_9_7 _____ __ Exp1rat1on Date: 2tL8/LOU . DIR Registration No.: 1000028078 CALIFORNIA TREVOR CONNOLLY -PRESIDENT Where incorporated, if applicable Principals I certify (or declare) under penalty of pe1jury under the laws of the State of California t the foregoing is tr ue and correct. ~ ~___!j_~!.£:~~~~----- S i g nature of Bidder NOTE : If Bidder is a corporation, set forth the legal name of the corporation, state where incorporated, togeth er with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set for th the name of the firm together with the signature of the partner or prutners authorized to sign contracts on beha lf of the partnership. Business Address: Officers authorized to sign contracts: Telephone Number(s): Fax Number(s): E-Mail Address: City of Cupertino Sidewalk Conslrucliou-McClell1111 Road 664 WILLOW GATE ST. MOUNTAIN VIEW, CA 94043 TREVOR CONNOLLY Typed Full Name: 415 559 2841 TREVOR@C2RENGINEERING.COM END OF DOCUMENT Bid Fom1 00400-5 Project No.2016-20 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of Sidewalk Construction-McClellan Road PROJECT NUMBER 2016-20 CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all ofthe Work including, without limitation , all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor us e or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom , which shall appear within one year, or longer if specified, from the date of Final Acceptance . If within one year after the date of Final Acceptance, or such lon ger period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly , without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the correction period , City shall have all rights and remedies granted by law . Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected , accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material , or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period . All abbreviations and definitions of terms used in this Agreement shall have the meanings set fo1th in the Contract Documents, including, without means of limitation , Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents . In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. Cil 0.ifo·Nu.t:it.JG T £eJ.tg ~~ Contractor's Name b6J, "11llcw~ s+ Address mh.J. Ui£/JJ (A (/l((:trs ~U~2.r~'''~-- City/State/Zip Date END OF DOCUMENT City of Cupert ino 00630 -I Guaranty Sidewalk Construction-McClellan Road Project No . 2016-20 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT DOCUMENT 00610 BOND NUMBER : 57BCSHK1150 EXECUTED IN TRIPLICATE BASED ON FINAL CONTRACT AMOUNT . PREMIUM : $1,896.00 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated July 20, 2016 , is in the penal sum of One Hundred Twenty-Eight Thousand, Six Hundred Fifty Dollars and 00/100 ------------------------------------------------------------------ ($128,650 .00) ---------------------------------------------------------------------[which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs I through 12, attached to this page . Any singular reference to C2R Engineering , Inc . ("Contractor"), Hartford Fire Insurance Company ("Surety"), the City of Cuperiino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: C2R Engineering Inc Name 664 Willowgate Street Address Mrnmtain View CA 94043 City/State/Zip CONSTRUCTION CONTRACT: SURETY: Hartford Fire Insurance Campany Name One Hartford Plaza Principal Place of Business Hartford CT 06155-0001 City/State/Zip Sidewalk Construction-McClellan Road PROJECT NUMBER 2016-20 at Cupertino , California. , 20 ....!.§____in the Amount of $_1_2_8'-,6_5_0._0_0 ________ (the "Penal Sum") DATED JUiy 2('f CONTRACTOR AS PRINCIPAL C.ompany: (Corp . Seal) C2R :gm:F .. r.·ng, Inc. Signature: ~ (~ SURETY Company: Name and Title : J~ ~No/¥ fU.IIDQrf Name and Title :_S_us_a_n_F_o_u_rn_ie_r _______ _ Attorney-In-Fact BOND TERMS AND CONDITIONS I. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond . 3. If there is no City Default, Surety's obligation under this Bond shall arise after: 3 . I City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and 3 .2 City has agreed to pay the Balance of the Contract Sum: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or City of Cu pertino 00610 - I Construction Performance Bond Sidewalk Construction-McCle ll an Road Project No. 2016-20 3 .2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract. 4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4, below); or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City's consent; or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety's obligations defined in paragraph 6, below, exceed the Balance of the Contract Sum, then Surety shall pay to City the amount of such excess; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined , tender payment therefor to City with full explanation of the payment's calculation . If City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6, below. 5. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Sure~y perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors. 6 . Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall include, but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to , all valid and proper backcharges, offsets, payments, indemnities, or other damages; 6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's fees incurred to enforce this Bond). 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. City of Cupertino 00610 - 2 Co nstruction Performance Bond Sidewalk Co nstru ction-McCl e ll an Road Project No. 2016-20 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time . Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration , modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any cou1i of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Communications from City to Surety under paragraph 3.1 of thi s Bond shall be deemed to include the necessary contracts under paragraph 3 .2 of this Bond unless expressly stated otherwise. I 0. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient comp li ance as of the date received at the foregoing addresses . 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. 12 .1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract. 12 .2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived , to perform or otherwise to comply with the terms of the Construction Contract including, but not limited to, "default" or any other condition allowing a termination for cause as provided in Document 00700 (General Conditions). 12.4 City Default: Material failure of City, which has neither been remedied nor wa ived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT C ity of C upe rtino 006 10 -3 Con struction Performance Bond Side walk C onstruction-McClellan Road ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness , accuracy, or validity of that document. State of California County of Sacramento On ~~ ezp, .et:J/~ before me , __ s_._c_u_rl_, N_o_ta_ry_P_ub_li_c __________ _ ~ (insert name and title of the officer) personally appeared Susan Fournier 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. )R.. &eµ Signature--------------(Seal) Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD Bond T-12 One Hartford Plaza Hartford, Connecticut 06155 email: bond.claims@thehartford.com call: 888-266-3488 I fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Aaency Code: 57-13 0046 LJ Hartford Fire Insurance Company , a corporation duly organi ze d und er th e laws of th e State of Co nnecti cut LJ Hartford Casualty Insurance Company , a corpora tion duly org ani zed und er the laws of the Sta te of Indiana CJ Hartford Accident and Indemnity Company, a corpora tion dul y orga ni zed und er the l aws of the State of Connecticut CJ Hartford Underwriters Insurance Company, a co rpo ratio n duly organ ize d und er the laws of th e State of Co nn ecticut CJ CJ Twin City Fire Insurance Company , a corp ora ti on dul y or ga nized under th e laws of the Stat e of Indiana Hartford Insurance Company of Illinois , a corporation duly organize d under the laws of th e State of Illinois CJ Hartford Insurance Company of the Midwest, a co rporati on duly organi ze d und er the l aws of the State of Indiana CJ Hartford Insurance Company of the Southeast, a corporation dul y organize d und er th e la ws of the St ate of Fl orida having their home office in Hartford , Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited Jacob Dines, John T. Page of Rancho Cordova CA, Susan Fournier, Ryan Tash of RANCHO CORDOVA, California their true and lawful Attorney(s)-in-Fact. each in their separate capacity if more than one is named above , to sign its name as surety(ies) only as delineated above by~. and to execute , seal and acknowledge any and all bonds , undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law . In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 , the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affi xe d , duly attested by its Assistant Secretary . Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney . John Gray, Assistant Secre tary M. Ross Fisher , Vice President STATE OF CONNECTICUT} SS. COUNTY OF HARTFORD Hartford On this 12th day of July, 2012 , before me personally came M. Ross Fisher , to me known , who being by me duly sworn, did depose and say: that he resides in the County of Hartford , State of Connecticut ; that he is the Vice President of the Companies , the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals ; that they were so affi xed by authority of the Boards of Directors of sa id corporations and that he signed his name thereto by like authority . . 3-!:"'t~"' $~~~ ·= CERTIFICATE Kathleen T. Maynard No tary Public My Commiss ion Expires Jul y 3 1, 20 16 I, the undersigned , Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of July 2 0, 2O16 Signed and sealed at the City of Hartford . Kevin Heckman , Assistant Vi ce President POA 20 12 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT AMOUNT . DOCUMENT 00620 Project No . 2016-20 BOND NUMBER: 57BCSHK1150 EXECUTED IN TRIPLICATE PREMIUM INCLUDED IN PERFORMANCE BOND . CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond") is dated July 20, 2016 , is in the penal sum One Hundred Twenty-Eight Thousand, Six Hundred Fifty Dollars and 00/100 --------------------------------------------- [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs I through 14 , attached to this page. Any singular reference to C2R Engineering, Inc. ("Contractor"), Hartford Fire Insurance Company ("Surety"), the City of Cupertino , a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable . CONTRACTOR: C2R Engineering, Inc. Name 664 Willowgate Street Address Mountain View CA 94043 City/State/Zip CONSTRUCTION CONTRACT : SURETY: Hartford Fire Insurance Company Name One Hartford Plaza Principal Place of Business Hartford, CT 06155-0001 City/State/Zip Sidewalk Construction-McClellan Road PROJECT NUMBER 2016-20 at Cupertino, California. DATED Tuiy 2.f ':>t CONTRACTOR AS PRINCIPAL , 20~ in the Amount of$_1_2_8~,6_5_0_.o_o ________ (the "Penal Sum") Company: }:::!nBering, Inc. Signature : __ :_j__,_~14_~--...... ~-=~~~----- ---,~ ~.II . NameandTitle: -~ ~~ pusTJ>€;Nr SURETY Company: Name and Title: Susan Fournier ---------------Attorney-1 n-F a ct BOND TERMS AND CONDITIONS I. Contractor and Surety , jointly and severally, bind themselves, their heirs, executors , administrators , successors and assigns to City and to Claimants , to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to City, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and 2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set fo1ih on the signature page of this Bond) of any claims , demands, liens or suits and tendered defense of such claims, demands , liens or suits to Contractor and Surety , and provided there is no City Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly through its Subcontractors , for all sums due Claimants. If Contractor or its Subcontractors, however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for City of Cupertino 00620 - I Construction Labor and Material Payment Bond Sidewalk Construction-McClellan Road Project No . 2016-20 any amounts required to be deducted, withheld , and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor, then Surety shall pay for the same, and also , in case suit is brought upon this Bond , a reasonable attorney's fee , to be fixed by the court. 4 . Consistent with the California Mechanic's Lien Law, Civil Code §3082, et seq., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5 . Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any , under any Construction Performance Bond and second , to satisfy obligations of Contractor and Surety under this Bond . 7. City shall not be liable for payment of any costs , expenses, or attorney's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives notice of any change, including changes of time , to the Construction Contract or to related subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be performed thereunder, or materials or equipment to be furnished thereunder or the Specifications accompanying the same , shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes . 9. Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code §3249, must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. This Bond has been furnished to comply with the California Mechanic's Lien Law including, but not limited to , Civil Code §§3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein . The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made . 13 . Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (I) work of a similar character in the locality in which the Work is performed and (2) legal holiday and ove1time work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. C ity of C upertino 00620 - 2 Construction Labor a nd Mate rial Pay ment Bo nd Side wa lk C on struction-McCl e llan Road Project No . 2016-20 14 . Definitions . 14 .1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor , materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §3181 . The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas , power, light, heat, oil , gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code §3248(b ). 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. END OF DOCUMENT City of Cupertino 00620 - 3 Construction La bor and Material Pay ment Bond Sid ewa lk Con struction-McCl e llan Road ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy , or validity of that document. State of California County of Sacramento On C):Z/~a ~ ~/ ~ before me , __ s_._c_ur_l,_N_o_ta_ry_P_u_bl_ic __________ _ / / (insert name and title of the officer) personally appeared Susan Fournier 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 PENAL TY 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 _____________ _ (Seal) Direct Inquiries/Claims to : POWER OF ATTORNEY THE HARTFORD Bond T-12 One Hartford Plaza Hartford, Connecticut 06155 email: bond.claims@thehartford.com call: 888-266-3488 I fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Aaency Code: 57-130046 LJ Hartford Fire Insurance Company, a corporation dul y organized und er th e laws o f th e State of Connecticut LJ Hartford Casualty Insurance Company, a corporatio n duly organ ized under th e laws of th e State of Indiana LJ Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Co nn ect icut LJ Hartford Underwriters Insurance Company, a corporation duly organized under the la ws of the State of Connecticut LJ Twin City Fire Insurance Company , a corporation duly org anized under the la ws of the State of Indiana LJ Hartford Insurance Company of Illinois, a co rporation duly organized under the laws of th e State of Illinois LJ Hartford Insurance Company of the Midwest, a co rpora ti on duly organized under the l aws of the Stat e of Indiana LJ Hartford Insurance Company of the Southeast, a corporation dul y organized under the laws of th e State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint , up to the amount of Unlimited Jacob Dines, John T. Page of Rancho Cordova CA, Susan Fournier, Ryan Tash of RANCHO CORDOVA, California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by~. and to execute , seal and acknowledge any and all bonds , undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons , guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. · In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed , duly attested by its Assistant Secretary . Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. f fi) John Gray, Assistant Secretary M. Ross Fisher, Vice President STATE OF CONNECTICUT} SS. COUNlY OF HARTFORD Hartford On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford , State of Connecticut ; that he is the Vice President of the Companies , the corporations described in and which executed the above instrument ; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ~ll'r.!14>: ~\ .l...wuc ! CERTIFICATE Kathleen T. Maynard Notary Public My Commiss ion Expires July 3 1, 20 16 I, the undersigned , Vice President of the Companies , DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies , which is still in full force effective as of July 2 O, 2o16 Signed and sealed at the City of Hartford . Kevin Heckman , Assistant Vice President POA 2012 Policy Number: Date Entered: ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE {MM/DDIYYYY) ~ 7/20/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~~~cTMark Benedetti Benedetti Insurance Agency ;A~g~O Extl• (650) 697-2044 liti~Nol: (650)697-4506 199 California Drive #202 E-MAIL Millbrae, CA 94030 ADDRESS : INSURER{S) AFFORDING COVERAGE NAIC# INSURER A: James River Insurance INSURED C2R Engineering Corp. INSURER 8 : Commerce West Insurance Company INSURER C : SCIF PO Box 1017 AIG INSURER D: Mountain View, CA 94043 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDfflON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER CMM/DD/YYYYl IMM/DD/YYYYl A lX COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 51,000,000 D CLAIMS-MADE [Z! OCCUR x x 00068190-0 8/25/2015 8/25/2016 DAMAGE TO REN 11:u 5 100,000 PREMISES I Ea occurrence\ MED EXP {Any one person) $ 5, 000 ~ PERSONAL & ADV INJUR Y s l,OOO,OOO ~ GE N'L AGGREGATE LIMIT APPLIES PER: GENERA LAGGREGATE 52,000,000 ~ [ZJ PR O-D Loc PRODUC TS · COMP/OP AGG 52,000,000 POLICY JECT OTHER: $ AU TOMOBILE LIABILITY COMBINED SINGLE LIMIT s 1,ooo,ooo !Ea accident\ -B ANY AUTO CVA0453340 1/29/2016 1 /29/2017 BODILY INJURY (Per perso n) $ ~ OWNED ~ SCHEDULED BODILY INJURY (Per accident) s AUTOS ONL Y AUTOS HIRED NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY IPer accident\ $ D UMBRELLA LIAB 16-l OCCUR EACH OCCURRENCE s5,000 ,000 ~ EXCESS LIAB CLAIMS-MADE EBU014628545 01/30/2016 01/30/201 7 AGGREGATE $5,000,000 OED I I RETENTION $ $ WORKERS COMP ENSA TIO N lX I ~~:TUTE I I OTH- AND EMPLOYERS' LIABILITY ER YIN s l,000,000 c ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A 9073328-15 1/20/2016 1/20/2017 E.L. EACH ACC IDE NT OFFICER/MEMBER EXCLUDED? 51,000,00 0 (Mandatory in NH) E.L. DISEASE · EA EMPLOYEE ~~~5c~f~ir8~ ~~OPERAT ION S below E.L. DISEASE · POLICY LIMIT sl,00 0,000 DESCR IPTION OF OPERATIONS I LOCATIONS I VEHICLES {ACORD 101, Additional Remarks Schedule, may be attac hed if more space Is required) City of Cupertino, a Municipal Corp. of the State o f California, its City Council, and their employees, representatives , consultants, and agents, blanket endorsement. CERTIFICATE HOLDER City of Cupertino Attn: Public Works Department 10300 Torre Ave Cupertino, CA 95014 and engineers to be named as additional insureds per attached Project: #2016-20, Sidewalk Construction-McClellan Road CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2015 ACORD CORPORATION. All rights reserved . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD . I ! PC>Lll.Y NUMBER: 00068 190-0 COMMERCIAL GENERAL LI ABILI r CG 2010 0·1 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE Rf: AD fT CAREFULLY. ADDITIONAL IN URE. -OWNERS , LESSEES OR CONTRACTOR -SCHEDULED PERSON OR ORGANIZATION T 1s endorsement mo difies insurance pro'1ided under the ollowing: COMMERCiAL. GENERAL LIAB UTY CO ERAGE p;...;~T SC HEDULE Name Of Additional Insured Pe rso n (s) Or Ora anizatlon(s): Whe re required by written con tract or written agretrne11 t locat ion(s } Of Covered O~ra __ tio_n_s __ _, All (1pE:rati ons of the Named 'ns~re~ Informatio n required to co mplete t:·iis Sc •1ec!t.:le, if n.)t shown above, will be sho'vrl in the De c1a ra1ions. A Se ction II -Who Is Au Jnsured is amended to include as an additional insured the erson{s} or organization(s) shown in the Schedule , I.J u' onl y with res pt:!ct to liability for "borlily injury", "property damage" or "p ersona l and advertising injur/' ca used, in whole or in part, by: B. With respect to the insurance afforded to these additional insuredi:, the fo ll owin g ad ditional exclu- sions ap ply : This insu ra nce does not ao ply to "bodily in11 ry" or "pro perly damage" occurri ng after : 1. All vo r , including ma ·erials, parts or equi p- ment furnished in co n ecti on with such work, on the project (othe r than servir.e, maint~nance 1r repai rs) to be p erformed by or on beh al f of the additio al insu red(s ) at the locati on of the c,Jvered ope rati ons has been completed ; or 1 Y ur acts or omisi;ions; or 2 The acts or om issions of those acting on your behalf; in the performance of your -:;ngoing cp erations for the additional insured(sJ at the location{s) desig- nated above . 2. That portion of "your work" out of -which the irijury or dama e arises has be en put to its in - ten ed use by any person or organization otr.- er than another contracto r or s ·hcontractor engag ed in performing 'Clperations for a pr inci - pal as a part :)f !he same project. POLiC NUMBER. 00068190-0 COMMi::RGlAL GENE ·.AL Lll\BILl1 Y CG20 n 07 04 THIS E=NOOR EMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS n 1is end orsem ent modifies insur,' nee provid ed und er the following: COMMERCIAL GE ERAL LIABILtn cove A .£ PAR r SCHEDULE 0r Or anlzatlon s : ttons ------~~---~~----------~ Name Of Additional Insured Parson(s. r Location And Oescrip!lon Of Completed Ope:a1- w; ere re~'lU in d t-r11 written contract or w itte 11 agree -All operafams of the am ed Ins ured ! ment ----------------1 lnform;:.ti on m ui.~r! to com lete. his Schedule . lf not sh own ab0ve , will be shown in the fJt-!cla ratio ns Sec tion II -Who s An Insured is amender! to inclu de as an c1dditl0Pal in sured the personfs) or organlza - tion(s ) shown In the Sch edule, b:it on ly wi th res pect to liability to· "bo dilv inju ry" or "prop erty damage" caused , in who le 0r in part, by "your worll" at the loc::itb1 1 desi g- nated and des cribed ill the 3Ched ule of this end orse- 'llent performed for that additional in su red and included in the "produ cts-completed ope rat ions haz ard". TH IS ENDORSEMENT CHANGE"S THE POLIC Y. PLEASE READ IT CARFEULLY. WAIVER OF SUBROGATIO AS REQUIRED BY CONTRACT This enccrsement modifies insuram.-e provided i...nde r tne toll ow ir.g: ALL C O VERAGE PAs·:ns The Company agrees to vvaive a r y righ ~t recovery against any pc rso or organization, as required by written contract, because or paym ents we make for inj ury or dam age whi ch is lim ite d to li ab ility d irectly caused by "v our w ork" which is imputed to s uch arso n or orga n iz ation. ALL OTHEP TERMS AND CONDITI ONS OF THE POLIC'Y REMA N UNCHANGED_ AP5004U S 11 -06 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEA.SE READ IT CAREFUL.LY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT fhis endorsement modifi es insura nce provided :.mde h e followi ng : ALL COVC:R AGE PA RTS I If no enlly appears s oove , tnis m>dorserr-.en t app Ues to all AJditlonai lnsureos .:overed Ul1d eo i t n is~_o_li C~Y-·~~~~~~~~~~~~~~~~~~~~~~~~~~~· An.y co verage pro vided to an Ad ditiona l insured under t11 is poll cy shall IJe excess over any other valid and collecti bl e in sura nce ava ilabl e to such Additional tnsu ed whe the r primary , excess , con tingent or on any ott:er ba sin unless a written contract or wr ittt!1 1 agreem en t specific all ;·equi res th at t h is ins urance aµpl y on a prim ary ;:i nd noncJntributory b asis. A L L OTHFR TERMS AND COND ITION OF T HE PCJL.CY REMAIN UNCHANGED. AP503 1US 04-1 0 Page 1of 1 Cor n r n erc e Vvesr -n,c:,ur anr.e ""'.n n -·par:y P.O . Box 8006 Pleasanton, rA. ~58/l (925) 734-HOO (800) 2~.4-1545 P QQDUCER CODE DESIGNATED IN SURED ENDORSEMENT This e ndorsemer.t f om1s a part of policy n ;mber C \I A 0 4 5 J 3 4ijued tcJ C2 R E ng·i neer · n ·-· _ .c . Each person or organization Indicated bett1w is an insured for Liability Coverage. bu t onl ' to ltt<! e xte••t that person or organization 1 ualifles as an in surect under Part I, Liability of the policy. Nothi;ig herein contai'led shall be held to v ary , alter, waive. or extenc.' any of the te rms. limits of lici bili ;, con dition~ .J ' exclusions Go the policy to w hich this endorsement is attached, other 'han as stated :lbove. This er.dorsement m ust b e attached o tne revision Declarations w hen iss: :ed after th e policy is written. Veh Num Nam~ of Person(s) or Organization(s) City c f Mo unt a in View C\1"1-2C~ 3 04/97 COMM ER Ct= 'VF.ST INSURANCE COMl'o>\NY it incorpo rates Yo ur rrod uc 1 o V.Jur Wvrlc ti1a t 1s kno>J1.11 o r thought to be JeTCc tive, ot:nc1Emt. in adeQ•Jare or dangerous; or 2. vou have rail~d to fulfill the terms of a ::ontract or ~~r~ernent; if such pMpert l can be restore d 1! use l)y: 1. thfl re pair, repiar;emem, adju s1n"len t or removal of Yo ~·r PrQdo c t or Yn ur Work; o : ?.. your iulfllling thb tNms o·! the con1 rac t or agreement. •'II . lrrnu red means : 1. the Named lnsuiad: ~. if you are designat ed in the declarations as : a. an 1ndividwu, ynu a11d your spouse are insureds , bu1 only Vliitl'> rnsoect to tr>e c ondu~:: of a b11siness or •..h ich you are the sole o'Mler : b . a partnerahip 0 1 joint ''enrure, 10 are an insui :id. Your members, vour partners. and t eir spouses are also insureds, but on ly with respect to the conduct of your bu siness. c. a limited liability company, you a ra an iMured. Y:ur members ar£ als o insureds, b ut only wth ~espect t-; the c onduc t v f tour business. Your managers ar insur<:ids, ut on ly vdth respec t to the ir dutie i:; as vour ma agers ; d. an organi<:ation othw tnan a pa rtners hip, joint VE::"l tura or !imitec1 lil'lbility cormwny, you are an in sured. Yo :.:r executive l)fficors and d irec'_-0rs ar 6 insureds, bui only IM!h res p ·ct to 1heir duties as your u ·ficers or directors. 'iOur stonkholder s are ;,i lso insurec is . but only V'.rth mi;pecc to their l iability as stockholoe s·; e . a trust, y ou are an ir1su r e c1 'fot•r irustees are als o insured"', hut o'11V \/14th respect to their u1ies as '.J'ustees; 3. \:our ernp1oyeei:. other than you, executive office r s !if you are an organizr:tion other than a partne rsniµ, joint ve n ture or iimited liab ilit-, company) o yowr rrnmagers (if you are a limited liability company ), but only b r sets wthin t i e scoµe of their emµ1oyment by you or while perfor ming duties related to UL c onduct of your b:.;siness· 4 . your voiunther v..orkers only V\o'hile-performing duties related to 'ci1f! conrlur.t of y our business ; 5. any person 1other t.trn •1ou r employee or volur1teer v.orke r; or organizatio n :.rh ile acting !'IS yJur real estate manager, 6. your legal represe n'IB1ive if y ou die. b ut on ly IMth re spec'!. to duties as such . That representative VIAii have all your rights and d uties under this policy; ------- A ~~*;e~s~~·:r:r~anizatJ~~ ~th~r-~a-; th; Nam ed ,;;~;;;d , -i:;:~e d as an ad ditiona l insured under Sche=~ I U nderlyina Insurance, but not f;:;r b~o ader coverage than r.o uld be afforded by such Sch .duled Und e rlying. : \ In s urance. ~---,,.....---~-------~ . -,. ------._,.. ~---.... _ .. ------_--. N ow.Ath standing any of the abo ve : c.. no perso n o r o r ganizatior• is an Insured with respect to 1he conduct of any current, past or nev..t y formed panners~ip , join~ v enture or limite, liabili'ty company that 1s not designated as a N amed Insured in item 1 of u 1e Declarations; an rl 90269 ( 11 t09) H-12711 Paye 20 of 26 0 2001 Includes copy righted ma teria! of Insurance Se rvices Ofiice, Inc. IM t-. its permission .