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16-098 O'Grady Paving, Inc., Pasadena Ave Public Improvements Project No. 2016-13RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre A venue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27283 23532760 Regina Alcomendras Santa Clara County -Clerk-Recorder 12/14/2016 11:23 AM Ti lles : 1 Fees: $0 .00 Taxes : $0 Total : $0 .00 Pages: 3 1111 ~,1~_.~1~, ~,~ •• :,..,,~ i1~~J.~n ~ ~u:,,~,, ,:,1 r~lf ,,,,J, 11111 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION CITY PROJECT NAME: Pasadena Avenue Public Improvements Project (City Project No. 2016-13) Original D For Fast Endorsement "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 December 7, 2016 for CITY PROJECT NAME: Pasadena Avenue Public Improvements Project (City Project No. 2016-13) and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on December 7, 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: By: December 14, 2016 Lauren Sapudar Senior Office Assistant [I 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 : ~ Fee Ownership Lessee Other : __________ _ 5. Construction work on the project performed on the owner's behalf is generally described as follows : City Project Name: Pasadena Avenue Public Improvements (City Project No .: 2016-13) Conshuction of sidewalks, curb, gutter, and park strips, including drainage improvements, driveway approaches, re-striping, and pavement work. 6 . The name of the original contractor for the project is : O'Grady Paving , Inc. 7 . The project was completed on : December 6, 2016 . 8 . The project is located at: Pasadena Avenue between Granada and Olive Avenues. 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. December 7, 2016; Santa Clara County Date and Place City of Cupe1iino Pasadena Avenue Public Improvements Timm Borden Director of Public Works and City Engineer DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS Pasadena Avenue Public Improvements PROJECT NUMBER 2016-13 Project No. 2016-13 THIS AGREEMENT AND RELEASE OF ANY AND ALL CLATMS ("Agreement and Release"), made and entered into this 6th day of December, 2016, by and between the City of Cupertino ("City"), and O'Grady Paving, Jnc. ("Contractor"), whose place of business is at 2513 Wyandotte Street, Mountain View , CA 94043 . RECITALS A. City and Contractor entered into Contract Number 2017-129 (the "Contract"). 8 . The Work under the Contract has been completed. Now, therefore, it is mutually agreed between City and Contractor as follows: AGREEMENT I. 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 $373,100.00 $417,963.32 $ I 08 ,328.50 $0 $ 309,634.82 2. Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of Three Hundred and Nine Thousand , Six Hundred and Thirty-Four Dollars and Eighty-Two Cents ($309,634.82) 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 parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full , final and general release of all 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 Cupertino), inspectors, representatives, assignees and transferees except for the Disputed Claims set forth 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. City of Cupertino Pasadena Avenue Public lmprovements • 00650 -I Agreement and Release of Any and All Claims Project No . 2016-13 4 . The following claims are disputed (hereinafter, the "Disputed Claims") and are specifically excluded from the operation of this Agreement and Release: Claim No. Date Submitted Description of Claim None Amount of Claim 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 ofor 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 Cupertino, 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 forth 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 n ot 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 ~y time held invalid in whole or in part under any federal , state, county, municipal or other Jaw, ruling, or regulation , then such provision, or part 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. l 0. 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 warrants that it has been represented by counsel of its own choosing in connection with 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 Cupertino Pasaden a A venue P ublic Improve ments 00650 • 2 Agreement and Re lease of Any and All Claims Project No. 2016-13 * * * CAUTION: THIS IS A RELEASE -READ BEFORE EXECUTING * * * THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ATTEST, L -~~ ;Ll: O'GRADY PA YING, INC. ~o~ By : -----c:,------------ Name: __ c_· e_,_· "'=-G--=Q_._J)_J_·_( fA_~ __ l REVIEWED AS TO FORM: -~ r,. W City Attorney \;Y ---'-~~ ......... R.""'-~----l q_l:J.._, 20 l b END OF DOCUMENT C ity of Cupertino Pasadena Avenue Public Improvements 00650 - 3 Agreement and Release of Any and All Claims Project No. 2016-13 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this l ~day of J ~ , 2016, by and between O'GRADY PA YING, INC ., whose place of business is located at 2513 Wyandotte Street, MUntain 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 authority vested in the City by the laws of the State of California. WHEREAS, City, on the 5th day of July, 2016 awarded to Contractor the following Project: PROJECT NUMBER 2016-13 PASADENA A VENUE PUBLIC IMPROVEMENTS 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 has designated John Raaymakers, to act as City's Authorized 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 Representatives, 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 Design Consu ltant 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 .1 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 90 calendar days following the effective date of the Notice to Proceed. City of Cupertino Pas adena A venue Public Improvements 00520 -1 Contract Project N o. 2016-13 3.2 Liquidated Damages . City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial lo ss 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 incurred by City bec ause of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquid ated 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 occurr ence ofa 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 Comp letion, 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 Ca lifornia 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 rep orts, 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 Pasadena Avenue Public Impro ve ments 00520 -2 Contract Project No. 2016-13 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 conditions 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 terms 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 applicable state law, and is duly qualified to conduct business in the State of California. 5 .7 Contractor has du ly 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 vio late 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 Docull}ents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00400 Bid Form Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00510 Notice of Award 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 Substitution Request Form Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Special Environmental Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specification/Special Provisions Addenda(s) Drawings/P !ans City of Cupertino Pasadena Avenue Public Improvements 00520 - 3 Contract Project No. 2016-13 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied 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 employee, 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 limited and confined to such liability as authorized or imposed by the Contract Documents or applicable 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 e t 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 (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) 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 subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7 .6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to exec ute 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 party 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 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 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 invalid , void or unenforceable , all 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 included herein by this reference( or, if such provision is required to be included in any particu lar 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 Clara, State of California, and governed in all respects by California law (excluding choice of law ru les). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara 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, Article 12, established under the California Government Code, Title 1, Division 3 .6 , Part 3, Chapter 5. City of Cupertino Pas ade na Av enue Publi c Improvement s 00520 - 4 Contract Proj ect No. 2016 -13 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. PASADENA AVENUE PUBLIC IMPROVEMENTS CITY: CITY OF CUPERTINO, a Municipal Co ·rporation of the State of California Attest: I hereby cert ify, under penalty of perjury, that David Brandt, City Manager of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino . '"']_ '( -I ( °()_' 1 WOt~fC,pert;oo,, Municipal Corporation of the State of California Designated Representative : Name: Timm Borden Ti tle: Director of Public Works Address: 10300 Torre Ave., Cuperti no, CA 95014 Phone: 408-777-3354 Facsimile: 408-777-3333 AMOUNT: $373,100.00 ACCT. NUMBER: 420 -99-027-900-905-ST 014-03-01 FILE NO.: 98,539.00 CONTRACTOR: O'GRADY PAVING, INC. By {ke'!f 0 [Sig~ Craig E. Yo ung [Please print name here) . , President, or Vice President) Title: C.,~Q [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer) 201696 A,Cl2 State Contractor's License No. Classification 12/31 /17 Expiration Date Taxpayer ID No. 94_-_14_9'--3'--6_9_2 __________ _ Name: Craig E. Young Title: Vice President Address: 2513 Wyandotte St., Mountain View, CA 94043 Phone: 650-966-1926 Facsimile: 650-966-1946 NOTARY ACKNOWLEDGMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDGMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. rs REQUIRED END OF DOCUMENT City of Cupertino Pasadena A venue Public Improvements 00520 -5 Contract EXHIBIT A Project No.2016-13 DOCUNIB:NT 00400 BID FORM To be submitted as part 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 IS SUBMITIED BY: ~~~~~~---=o=---·~(~~m~';'~1tlh~~· \ Re: PROJECT NUMBER 2016-13 PASADENA A VENUE PUBLIC IMPROVEMENTS 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino ("City") in the fonn 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 v.'ithin the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of th is 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 disposition of Bid Security . This Bid will remain subject to acceptance for 90 Days after the day of Bid opening. 3. Bidder has visited the Site and pe1formed all tasks, resem·ch, investigation, reviews, examinations, and analysis and given notices, regarding the Project and the Site , as set forth in Document 00520 (Contract), Article 5 . 4. Bidder bas 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. Bidder attended the non-mandatory Pr.e-Bid Meeting. YES NO ~ 6. Subcontractors for work included in all Bid items , in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430 (Subcontractors List). 7. The undersigned Bidder understands thai City reserves the right to reject this Bid. 8. lfwritten notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder 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 Perfo1mance Bond), and Document 00620 (Construction Labor and Material Payment Bond). 9. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below on the signature page. City of Cupertino Pasadenn Avenue Public Improvements 00400 - l Bid ·Fo 1m 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. 1·. • ... e .~~ ERICA LOPEZ CORTEZ ~ 1:;""~"'1· 1~) Co mm1ss1on # 1989050 <( \ ·-"' ~ .. -. z ·\;~ _, ~ . -,/ Notary Public -California 2 2 2 v_ ... , A ? ~~ Sa nta Clara County :1:: My Comm . Expires Sep 21 , 2016 Place Notary Sea/ Above Signature __ C:~-"'~_:~~==-:~~....;;~!!s;;:=:===-~- Signature ;;fNotary Public ----------------OPTIONAL---------------- 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:------------ 0 Corporate Officer -Title(s): ______ _ O Partner -D Limited D General D Individual I] Attorney in Fact D Trustee f'] Guardian or Conservator D Other: ·------------ Signer Is Representing: _________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -[J Limited [J General [J Individual [.I Attorney in Fact 0 Trustee U Guardian or Conservator D Other: -----,--~------- Signer Is Representing: --------- • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A Project No.2016-13 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 to do a surety business in 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'\ l 1. The undersigned Bidder agrees to 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 de1e1mined 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 failure 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 Pasadena A venue Public Improvements 00400 -2 Bid Form EXHIBIT A Contractor'sName: Q'E,r~ )1vlrt~1 r<Ac.. ProjectNo.2016-13 SCHEDULE OF BID PRICES All Bid items, including Jump sums and unit prices, must be filled in completely. Allowances and Alternative Bid items 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 . m:itiJl1i' ' s:g:g9 > · oEscRiPtiE'N · '· u~fr · ... ~5rv·.T . ··.<" • • .•·0.~R·.·.N1.-.. 0'T.·E· ... '· ... ,-.. ·'.! .... ·., _·~ .. ~o··.:~.+.AL.:.:.;·:·~·;·, •·. . ·:.;-.',;·!., ,',( Rl=.f.,;\,., .. :.-:'..'"'''\ . .-• .·j ·;,_'., 'i : .C. 0' ... ,,... ..~.,-... \>I ,-, • > >'" 1--1'--1--~~+...:..:..M~O_B~IL_IZ_A_Tl~O_N~~~~~~-+-~LS~+---'-1~+-=-l~CbD~~~-1--I~~~_,__~ X 2 013600 FIELD ENGINEERING AND SURVEY LS 1 WORK /0 J CJO(.) 3 015526 TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS LS 1 /(),OW 4 015639 TREE PROTECTION LS 1 5 015750 TEMPORARY WATER POLLUTION LS 1 CONTROL 6 017133 UTILITY LOCATION LS 1 7 024119 REMOVE CONCRETE DRIVEWAY SF 125 8 024119 REMOVE AC DIKE LF 20 10 9 024119 REMOVE CURB AND GUTIER LF 150 10 024119 REMOVE DRAINAGE INLET (AND EA 2 PIPE) --/C>O<:J 11 024119 REMOVE FENCE LF 100 /o (00'0 ....... 12 024119 REMOVE PCC SIDEWALK AND SF 1,o 2s WALl<WAY 5 ?rZ.'f 13 024119 REMOVE COBBLESTONE SF 100 E ...- SURFACING 1J 5 0V 14 024119 REMOVE ROADSIDE SIGN EA .2 I So 3l"D 15 028200 RELOCATE MAILBOX EA 2 ?Sc.) I Scro 16 028300 ADJUST MANHOLE TO GRADE EA 1 /c,X.>'t} / c.>o-o 17 028300 ADJUST WATER METER BOX TO EA 6 GRADE 5cx) .3oc>O 18 028300 ADJUST WATER VALVE BOX TO EA 1 GRADE ,5"0-V t)c>O 19 028300 ADJUST CLEANOUT TO GRADE EA 1 5r.x> 50'0 20 101453 RELOCATE ROADSIDE SIGN EA 4 3.?U J '-/ C>O 21 101453 INSTALL ROADSIDE SIGN EA 2 _5oc) I OCJO 22 311000 SITE CLEARING LS 1 /01 ~CIQ /01~ 23 311313 REMOVE TREE EA 4 lr.>00 L/oero 24 312000 EARTHWORK (Final Pay Item) CY 650 I ID -'11 500-,\ 1--~-1-~~--+~~~~~~~~~--'-~~-t-~~-t-~~-+---'-~~~-1----'-'r-=-=-='--~ 25 320190 PRUNE EXISTING TREES LS 1 /r:XJ-0 / (JUO 26 321123 CLASS 2 AGGREGATE BASE CY 300 / -~c') 3 ·9 1dCO 27 321216 HMA (TYPE A) TONS 180 /(; 7 .'°? OOl.O 28 321313 29 321313 30 321313 31 321313 32 321313 ·City .of Cupertino Pasadena Avenue Public Improvements CONSTRUCT SIDEWALK, WALl<WAY AND DRIVEWAY SF 5,700 /1 ,,- CONFORM 7 CONSTRUCT TYPE A2-6 CURB AND GUTTER CONSTRUCT CURB RAMP CONSTRUCT DRIVEWAY CONSTRUCT VALLEY GUTIER LF EA SF SF 00400 - 3 930 6 1, 100 13 410 15 I 'l 3CJV _ u /5c) Bid Form EXHIBIT A Contractor's Name: Q'(;r~~ ?l\. '/lV\~ L V\.L. iTEM .· :-S P.Et:;',- --•· .. REF,:, ... 33 321723 34 329100 35 330513 36 330513 37 334100 Unit Legend STRIPING AND PAVEMENT MARKINGS TOPSOIL CALTRANS GS INLET DROP INLET -CURB OPEN ING 12" RCP . ···:·. :·_,· .. - . : . -:~ . :::' : . . ./ .. LS CY EA EA LF . -·. ·f .... TOTAL BASE BID I 1 120 1 1 10 ... .. ·.'~· . LS= Lump Sum EA= Each AL= Allowance SF= Square Feet LF = Linear Feet TON =Ton or 2,000 Pounds CY = Cubic Yards LB= Pounds City of Cupertino Pasadena Avenue Public Improvements 00400 -4 Project No.2016-13 t/v-o-o _-s-v - J e>e>O /oo0 313 /O c) Bid Form EXHIBIT A Contractor's Name: 0 1 ('.:i(~ ~ v\qr I I11L. Project No.20 16-13 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date 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: Q 1 6c4 ?'3,\ll~ 1 'I~· licensed in accordance wi an a t for the registration of Contractors, an d with lic ense number: ~1...~0~\~\o~Gt~lp~----- Expiration Date: \ '2.. 3 I \ . DIRRegistrationNo.: \~33<is:'\ Where incorporated, if applicable Principals I certify (or declare) under penalty of perjury under the laws of the State of California that th and correct. NOTE: If Bidder is a corporation, set forth the legal name of the corporation, state where incorporated, together w ith the signat11re of the officer or officers authorized to sign contracts on behalfofthe corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of th e partner or partners authorized to sign contracts on behalf of the partnership. Business Address: Officers authorized to sign contracts: Telephone Number(s): Fax Number(s): E-Mail Address: City of Cupertino Pasadena Avenue Public Improvements Typed Full Name: u,.::::io) C\ (.Q {o -l9'Lki END OF DOCUMENT Bid Form 00400 -5 CITY OF [I CUPERTINO ADDITIONAL INSURED ENDORSEMENT and ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project No . 2016-13 Project Title and Number:YclS 'ltckr\'.). ~\l e .1/W ic. lrnpco.~ # i bOCf.9- In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION I. Insurance Company: (L'1ber-t'1 }L\u +Da / fi fe., ~\)(Qf1C~ Cpr(ypaf\~ 2. Insurance Policy Number: T~ _,.. t q \ -y c q s ( 3 -Ol.\-b 3. Effective Date of this Endorsement: 3 U \ '-1 4-' 20 I Jo ~~~~+,~~~~~~~~~~~~~ 4. Insured: 0 1(lrady 5J\Jiv1C! 11.n c , I All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall be mailed to or delivered to the City at I 0300 Torre Avenue; Cupertino, California 95014 . ' I, LP \ ~ wo-r ~f\S (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. City of Cupertino Pasdena Avenue Public Improvements 00530 -6 Insurance Forms I [ ! I I ' ~ f ! t ! ~ ~ I I ~ I I ! I I ~ I I ! ~ i l I I i i Signature of Authorized Reprnsentative: ~ ~ (Original signature required on all EndmseentfUrllished to the District) Names of Project No. 2016-13 Agent/Agency:A13121Ytsur000:U igcav;Oa\'S\lcs . Title:\l'? ~tf\t )eefWCe{ .:Y . A~ u-1\ve, Address: S \JJ oil/..C 17.C-ck".'..-Uri V e -t\-10° Telephone: &<;o '-frera BS .k ~ City of Cupertino Pasdena Avenue Public Improvements 00530 -7 Facsimile: 1.,,,So 4-1)8 sr.b.& Tnsurance Forms CITY OF a COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF CUPERTINO INSURANCE PER PROJECT Project N o. 2 016-13 Project Title and Number~a~ A\\e, "R>bH C .lfY\-zt:'~-4!-(w::A;L_ In consideration of the policy premium and notwithstanding any incon sistent statement in the policy to which this Endorsement is attached or a ny other Endorsement attached thereto , it is as follows : This Endorsement modifies the insurance provided under the General L iability Coverage part of the below-referenced policy of insurance . The general ag~gate limit under LIMITS O~ INSURANCE applies separately to the project described as r VE\~oc\fY'B A\Je . Wbll (., ___[ty\txOJ~ ~I b.OCtd- POLICY INFORMATION 1. Insurance C ompany: 0:bef~ HcHVC3<\ fl re, lfl ~ 617ce Cl:wrpa.n~ 2 . In s uran ce Policy Number: 1 ·-w --zq l -Y C" q 5 / S -O'--\,b 3 . Effective Date of this Endorsement:_--'J>-<-=u'--\_'-j-1 __ q-___________ 2 0 Jk_ 4. Insured : 0 1 fl cad '=1 ']?av i nc:q I 1:_f} C . 5 . Additional Insured: City of Cupertino, its directors, officers, agents and employees . All notices herein provided to be given by the Insuranc e Company to the City in conne ction with this policy and this Endorsement, shalJ be mailed to or delivered to the City at I 0300 Torre Avenue; Cupe11ino, California 95014. I, W .\ q,Q; ~ ~ ili (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative ~~~__..WL-'~~""----· ....:..._ _______ _ (Original signature required on all ~furnish e d to the District) C ity of Cupertino Pasde na A venue Public Improve ments 00 53 0 -8 Ins urance Fo rm s I I I I I I ! I I I I l ! i i I i I ! l I ! i I i I l I I I I I f ! l l 1 I I I l i I ! ! I ' I CITY OF a Project No. 2016-13 WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE CUPERTINO Project Title and Number:"?~ A\le, ~\?\\ C. im--p--1::>\\e~ 1\-[k:i)CJc).... In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto , it is agreed as follows: Jt is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents , consultants and employees by reason of any payment made on account of injury, including death resulting therefrom , sustained by any employee of the insured, arising out of the performance of the above-referenced Contract. POLICY INFORMATION I. Insurance Company: ~r \c() AC(\"'i{'l cJ(1 -1-(\S-J( (J/Y __ f.J ~l'\V\ \ 2. Insurance Policy Number: \NG0\.1.-)b'-tO -Od- 3 . Effective Date of this Endorsement: Ju\\..;\ -i-20 \..lo ~~->.<:->.<.....:...._41~~~~~~~~~~~~ 4 . Insured: 0 1 C~u~.:J'--\ Yo\i1 "\°\ 1 j_nc . All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014 . I, Lu\ 1::8: w~ l{\.S (print/type name) warrant that J have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: ~ }!\ ~ (Original signatme required on all EndOfSnetSfurnished to the District) Nrunesof , , . Agent/Agency:ftED I,Vl s;v ronce ,f+;~S \lc<;;. Title :\FP Cl.Atrtl S:-e...fl/1 ~ Sr. ~ Address: 3 W~" J ]7ar J?-Dc. S: \.l\-te; Telephone: U v 4-'0'b B~-t£ Jao l-1o=teo) CJ! LiL\ 4D 3 Facsimile: k£O ~5' CO 5 lcb City of'Cupc11ino Pas dcna Avenue Public lrnprovern cnts END OF DOCUMENT 00530 -9 Jnsurnnce Form s ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 7/7/2016 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 JNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION JS 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 ~2~~~CT Luiza Watkins ABD Insurance & Financial Services ~Ext\; (650)488-8565 I rffc Nol: (650)~88-8566 3 Waters Park Drive ~DMD~~ss: 1 uiza@theabdteam.com Suite 100 INSURER(Sl AFFORDING COVERAGE NAIC# San Mateo CA 94403 INSURER A :Libertv Mutual Fire Insurance 23035 - INSURED INSURER s :Zurich American Insurance Company 16535 o 0 Grady Paving Inc. INSURERC :Starr Indemnity and Liability 38318 2513 Wyandotte Street INSURER D :Illinois Union Insurance Company 27960 INSURER E : Mountain View CA 94043 INSURER F: COVERAGES CERTIFICATE NUMBER:l6-17 Liab REVISION NUMBER· THIS JS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . ADD LSUBR INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE o>J~n wvo POLICY NUMBER IMM/DD/YYYY\ IMMIDD/YYYYI LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ,____ D CLAIMS-MADE w OCCUR DAMAGE TO RENTED A PREMl!;ES <Ea occurrence) $ 300,000 ,____ x y TB2-Z91-459513-046 7 /1/2016 7/1/2017 MED EXP (Any one person) $ 5,000 - ....!.._ X,C & U Included PERSONAL & ADV INJURY $ 1,000,000 GEN 'L AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ 2,000,000 Fl 0PRO-D LOC PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 IEa accideni\ -x ANY AUTO BODILY INJURY (Per person) $ B -ALL OWNED -SCH EDU LED x y BAP 0173639 -0 2 7/1/2016 7 /1/20 17 BODILY INJURY (Per acc ident) $ -AUTOS -AUTOS x x NON-OWNED rROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident\ -- Hired Auto Physi cal Damaqe $ 1,000,000 x UMBRELLA LIAS MOCCUR EACH OCCURRENCE $ 10,000.000 -c EXCESS LIAS CLAIMS-MA DE 1000022841 7 /l/2016 7 /1/2017 AGGREGATE $ 10,000,000 OED I x I RETENTION s NIA $ WORKERS COMPENSATION x I ~¥~TUTE I J ~H-AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE 0 NIA E.L. EACH ACCIDENT s 1,000,000 OFFICER/MEMBER EXCLUDED? B (Mandatory In NH) y WC 0173640 -02 7/1/2016 7/1/2017 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 g~~~~rtii';S'~ ~~OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1 000,000 D Pollution Liability CPY G2454039A 006 7 /l/2016 7/1/2017 Per Pollution Per Condilion/Agg $1,000,000 A Contractors Equipment YM2-Z9l-459513-026 7/1/2016 7/1/2017 Limit $6,395,594 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addlllonal Remarks Schedule, may be attached If more space lg required) Re: Job #16092, Project #2016-13, Pasadena Ave . , Public Improvements , Cupertino. the City of Cupertino, a Municipal Corporation of the State of California, its City Council and their employees, representatives, consultants (including without limitation Consulting Engineer), and agents, and Engineers, agents are additional insureds to General Liability and Automobile Liability where required by written contract or agreement per attached endorsement . Primary wording applies to General Liability and Automobile Liability where required by written contract or agreement per attached endorsement. Waiver of Subrogation annlies to General Liability, Automobile Liability and Workers Compensation where required CERTIFICATE HOLDER City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 ACORD 25 (2014/01) INS025 (201401) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE PO LICY PROVISIONS . AUTHORIZED REPRESENTATIVE Luiz a The ACORD name and logo are registered marks of ACO RD COMMENTS/REMARKS by written contract or agreement per attached endorsement. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. P ol icy No.: TB 2-Z9 1 -4 5 9 5 0 13-0 4 6 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENTCHANGES ·THE POLICY. PLEASE READ IT CAREFULLY. CONMERCIAL GENERAL LIABILITY ENHANCEIVEN T FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: lte·m 1. Item 2 . Item 3. Item 4. Item 5. Item 6 . Item 7. Item 8. Item 9. Item 10. Item 11. Item 12. Item 13. Item 14. Item 15. Item 16. Item 17. Item 18. Reasonable Force Non-Owned Watercraft Extension Damag~ To Premises Rented To You - Expanded Coverage Bodily Injury To Co-Employees Health Care Professionals As Insureds Knowledge Of Occurrence Notice Of Occurrence Unintentional Errors And Omissions Bodily Injury Redefinition Supplementary Payments -Increased Limits Property In You r Care, Custody Or Control Mobil e Equipment Redefinition Newly Formed Or Acquired Entitles Blanket Addition al Insured Where Required By Written Contract Lessors of Leased Equipment Managers .or lessors of Premises Mortgagees. Assignees or Receivers Owners. Lessees or Contractors · Architects. Engineers or Surveyors Any Person or Organization Blanket Additional Insured -Grantors Of Permits Waiver Of Right Of Recovery By Written Contract Or Agreement Other Insurance Amendment Contractual Liability -Railroads Item 1. Reasonable Force Exclusion a. of Section I -Coverage A -Bodily Injury And Property Damage Liability is replaced by the following: a . Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injuryn or "property damage" resulting ftom the use of reasonable force to protect persons or property. Item 2. Non-Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section I -Coverage A -Bodily Injury A nd Property Damage Liability is replaced by the following: (2) A watercraft you do not own tha t is : LC 04 43 0512 © 2012 Liberty Mutual Insurance . All ri ghts reserved. Includes copyrighted material of Insurance Service s Office, Inc., with its pennission . Page 1 of 9 (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; \tern 3. Damage To Premises Rented To You -Expanded Coverage A. The final paragraph of 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability is replaced by the following : Exclusions c. through n. do not apply to damage by fire, lightning or explosion or subsequent damages resulting from such fire. lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section 111-Limits Of Insurance. B. Paragraph 6. of Section Ill -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property dam age" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. C . Paragraph 9.a. of the definition of "insured contract" in Section V -Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises whHe rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". D. The paragraph immediately following Paragraph (6) of exclusion j. of Section I -Coverage A -Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section llt -Limits of Insurance. Item 4. Bodily Injury To Co-Employees A. Paragraph 2. of Section II· Who Is An Insured is amended to include: Each of the following is also an insured: Your supervisory or management "employees· (other than either your "executive officers• (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) are insureds while in the course of thei r employment or while performing duties related to the conduct of your business with respect to "bodily injury ·: (1) To you; (2) To your partners or members (if you are a partnership or joint ven ture); LC 04 430512 © 2012 Liberty Mutual Insurance. All rig hts reserved. Includes copyrighted material of Insurance Serv ice s Office, Inc ., with its pennission. Page 2 of 9 (3) To your members (if you are a lim ited liability company); or (4) To a co -"employee• or "volunteer w orker" while that co-"employee " or "volunteer worker" is either in the course of his or her employment by y ou or while performing duties related to the conduct of your business (including participation in any recrea tional activities sponsored by you). Your "employees• (other than either your "executive officers" (if you are an organization other th an a partnership. joint venture or limited liability company) or your managers (if you are a limited liability company)) or "volunteer workers" are insureds wh~e in the course of their employment or while performing duties related to the conduct of your business for a Good Samaritan Act that results in "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership or joint venture); (3) To your members (if you are a limited liability company); or (4) To a co-"employee • or "volunteer worker" while that co -"employee" or •volunteer worker" is either in the course of his or her employment by you or wh~e performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). A Good Samaritan Act means an attempt to rescue or aid a person in imminent or serious peril. provided the attempt is not recklessly made . However, none of these "employees" {including supervisory or management "employees; or "volunteer workers" are insureds for the providing or failure to provide professional health care services . B . The insurance provided by this Item 4. will not apply if the injured person's sole remedy for· such injury is provided under a workers' compensation law or any similar law. C. Other Insurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item S. Health Care Professionals As Insureds A Paragraphs 2.a.(1)(a) and (d) of Section II -Who Is An Insured do not apply to "bodily injury" or "personal and advertising injury" arising out of the providing of or failure to provide professional health <:are services by any "employee" or "volunteer" of the Named Insured who is a "designated health care provider" if the "bodily injury" or "personal and advertising injury" occurs in the course and scope of the "designated health care provider's" employment by the Named Insured. B. Wrth respect to "employees" and "volunteer workers· providing professional health care services, the following exclusions are added to Paragraph 2. ·Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I -Coverage B -Personal And Advertising Injury Liability: This insurance does not apply to: (1) Liability assumed under an "insured contract" or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; · (4) Liab~ity arising out of any dishonest, fraudulent. malicious or knowingly wrongful act or failure to act; or LC04 43OS12 © 2012 Liberty Mutual Insurance. All rights reserved . Includes copyrighted material of Insurance Services Office, Inc., with Page 3 of 9 · its permission. (5) Punitive or exemplary damages, fines or penalties. C. The following definition is added to Section V -Definitions: "Designated health care provider• means any •employee" or "volunteer worker " of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated fi rst aid personnel. D. Other Insurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess , contingent or on any other basis. Item 6. Knowledge Of Occurrence Knowledge of an •occurrence• by your agent, servant or "employee" will not in itself constitute knowledge by you unless your •executive officer" or "employee• or other third party designated by you to notify us of •occurrences" has knowledge of the "occurrence •. Item 7 . Notice Of Occurrence For purposes of Paragraph 2 .a. of Section IV -Conditions, you refers to an •executive officer" of the Named Insured or to the ·employee" designated by the insured to give us notice. Item 8. Unintentional Errors And Omissions Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. Howeve r, you must report such an erro r or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Item 9 . Bodily Injury Redefinition The definition of "bodily injury• in Section V -Definitions is replaced by the following: "Bodily injury" means: a . Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish. shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental or emotional illness or distress. Item 10. Supplementary Payments -Increased Limits Paragraphs 1.b. and 1.d. of Section I -Supplementary Payments -Coverages A And B. are replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bod~y Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or •suit• including substantiated loss of earnings up to $500 a day because of time off from work. LC 0 4 43 OS12 © 2012 Liberty Mut u al Insu rance . All rights reserved. Includes copyrighted mat erial of Insurance Services Office , Inc .• with its permission. Page 4 of 9 Item 11. Property In You r Care, Custody Or Control A . Paragraphs (3) and (4) of exclusion j . of Sectio n I -Coverage A-Bodily Injury and Property Damage Liability only apply to: 1 . "Property damage" to borrowed equipment, or 2. "Property damage" to property in your ca re , custody and control while in transit . B. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. C. Limits of Insurance Subject to Paragraphs 2 .. 3 .. and 5. of Section Ill -Limits Of Insurance, the most we will pay for insurance provided by Paragraph A., above is: $10,000 Each Occurrence Limit $25,000 Aggregate Limit ·The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence • regardless of the number of persons or organizations who sustain damage because of that "occurrenc'e •. The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11 . Item 12. Mobile Equipment Redefi n ition The definition of "Mobile Equipment• in Section V -Definitions is amended to include self·propelled vehicles with pennanentfy attached equipment fess than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal ; (2) Road Maintenance, but not construction or resurfacing; or (3) Street cleaning. Item 13. Newly Formed Or Acquired Entities Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3 . Any organization. other than a partnership or joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest will qualify as a Named Insured if there is no other simnar insuran.ce available to that organization. a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or. form the organization; (2) Separate coverage is pwchased for the organization; or (3) The end of the policy period, whichever is earlier. b. Coverage A does not apply to "bod~y injury " or "prop"erty damage" that occurred before you acquired or formed the organization; and LC 04 4 3OS12 © 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc ., with its permission. Page 5 of 9 c. Coverage B does not apply to ~personal and advertising injury• arising out of an offense committed before you acquired or formed the organizatio n. Item 14. BlanketAddltlonal Insured Where Required ByWritten Contract Paragraph 2. of Section ll -VVho Is An Insured is amended to add the following: e. Additional Insured by Written Contract or Written Agreement The following are insureds under the policy when you have agreed in a written contract or written agreement to provide them coverage as additional insureds under your policy: (1) Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury•. "property damage• or "personal and advertising injury• caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) fv'tanagers or Lessors of Premises: Any manager or lessor of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your "employees•, your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement. but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. This insurance does not apply to : (a) Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land: or (b) Any premises for which coverage is excluded by endorsement. (3) Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises . This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (4) Owners, Lessees or Contractors: any person(s) or organization(s) to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury•, "property damage• or "personal and advertising injury• caused, in whole or in part, by your acts or omissions or the acts or omissions of your ·employees", your agents. or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury•, "property damage", or "personal and advertising injury• arising out of "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement. and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your acts or omissions or the acts or omissions of your ·employees·. your agents, or your subcontractors. There is no coverage for the addit ional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. LC 04 430512 © 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc ., with · its permission. Page 6 of 9 If the written agreement obligates you to procure additional insure d coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: . (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (5) Architects, Engineers or Surveyors: any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury• caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports , surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (6) Any Person or Organization Other Than a Joint Venture: Any person or organization {other than a joint venture of which you are a member) for whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing op,erations; or (b) In connection with premises owned by you. This insurance does not apply to: 1. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; 2. Any person or organization whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, specification or the performance of any other professional services by such person or organization: or 3. Any person or organization more specifically covered in Paragraphs e.(1) through (5) above. The insurance afforded to any person or organization as an insu·red under this Paragraph 2.e.: (1) Applies only to coverage and minimum limits of insurance required by the written agreement or written contract. but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy; LC04 43 OS 12 © 2012 Liberty Mutual Insurance. All rights reserved . Includes copyrighted material of Insurance Services Office, Inc., with its permission . Page 7 of 9 (2) Does not apply to any person or organization for any "bodily injury•. "property damage " or "personal and advertising injury" if any other additional insured endorsement attached to this policy appl ies to that person or organization with regard to the "boday injury ", "property damage • or "personal and ad vertising injury"; (3) Applies only if the "bodily injury• or "property damage " occurs, or offense giving rise to "p ers onal and advertising injury • is committed. subsequent to the execution of the written agreement; and (4) Applies only if the written agreement is in effect at the time the "bodily injury" or "property da mage " occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed . Item 15 . Blanket Additional Insured -Gran tors Of Permits Paragraph 2. of Section II -Who Is An Insured is amended to add the following: Any state, municipality or political subdivision with respect to any operations performed by you or on your behalf, or in connection with premises you own , rent or control and to which this insurance applies. for which the state . municipality or political subdivision has issued a permit. However, this insurance does not apply to: 1. "Bodily injury". "property damage " or •personal and advertising injury • arising out of operations performed fo r the state , municipality or political subdivision; 2 . Any "bodily injury• or "property damage" included within the "products-completed operations hazard ", except when required by written contract or agreement initiated prior to loss; or 3. ·aodily injury ", "property damage• or "personal and advertising injury", unless negligently caused, in whole or in part, by you or those acting on you r behalf. Item 16. Waive r O f Right Of Recovery By Written Contra ct Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Oth ers To Us of Section IV - Conditions: We waive any right of recovery because of payments we make under this policy for injury or damage arising out of your ongoing operations or "your work " included in the "products-completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive you r rights of recovery but only if the "bodily injury" or "p roperty damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. Item 17. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess. contingent, or. any other basis for any person or organization that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV -Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV -Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". Item 18. Contractual Liability -Railroads Paragraph 9. of Section V • Definitions is replaced by the following: 9 . "Insured Contract• means: LC 0 4 43051 2 © 2012 Liberty Mutual Insurance . All rights reserved . Includes copyrighted material of Insurance Services Office, Inc ., with its permission. Page 8 of 9 a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporanly , occupied by you with permission of the owner is not an "insured con tract•; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury " or "property damage " to a third person or organization . Tort liability means a liabHity that would be imposed by law in the absence of any contract. or agreement · Paragraph f. does not include that part of ~~y contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings , opinions , reports , surveys, field orders. change orders or drawings and specifications; or (b) Giving directions or instructions, or failing lo give them, if tha t is the primary cau se of the injury or damage ; or (2) Under which the insured; if an architect. engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or fafling to render professional services. including those l isted in Paragraph (1) above and supervisory , inspection, architectura l or engineering activities. LC 04 43 OS 12 © 2012 liberty Mutual Insurance. All rights reserved. Includes copyrighted ma t erial of Insurance Servic es Office, In c., with its perm.ission . Page 9 of 9 02 12014 00 01 9400046 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . The following sections modify the insurance provided under the Commercial General Liability Coverage Part Per Project and Per Location Combined Aggregate Lim its-With Optional Capped Limits Endorsements Per Project and Per Location Combined Aggregate Limits Coverage A_ For all sums which lhe insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (Section I), and for all medical expenses caused by accidents under Coverage C (Section l ), which can be attributed only to ongoing operations at a single construction project or a single "location": I . A separate Designated General Aggregate Limit applies to each construction project and to each "location",and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2 . The Designated General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b . Claims made or "suits" brought; or t:. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated General Aggregate Limit for that construction project or "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated General Aggregate Limit for any other construction project or "location". 4 . The JimiL~ shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A (Section J ), and for all medical expenses caused by accidents under Coverage C (Section 1 ). Which cannot be attributed only to ongoing operations at a single construction project or "location": 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated General Aggregate Limit . C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated General Aggregate Limit. L.G 31 78 05 05 Page 1 of 2 021201400019400047 D. If the applicable construction project has been abandoned, delayed , or abandoned and then n=started, or if the authorized contracting parties deviate from plans, blueprints , designs, specifications or timetables, the project will still be deemed to be the same construction project. E . For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition: "Location" means any premise that you occupy for permanent operations as part of your business, but does not include any premises at which you are performing operations as part of a construction project. All premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "location". F. The provisions of Limits Of Insurance (Section 111) not otherwise modified by this endorsement shall continue to apply as stipulated . PER PROJECT AND PER LOCATION COMBINED AGGREGATE LIMITS-CAPPED LIMITS (X) lf this box is checked, I he Per Project and Per Location Aggregate limits as provided above in will be capped at $ 15,000,000 A . The Project and Location Aggregate Limit shown here: is the most we will pay for th: sum of all damages caused by "occurrences" under Coverage A (Section J) and all medical expenses caused by accidents under Coverage C (Section I) which can be attributed only to ongoing operations at a single construction project or a single "location", regardless of the number of construction projects, locations, "occurrences" or accidents. B. Each Design ated General Aggregate Limit is subject to the Project and Location Aggregate Limit. LG 31 78 0505 Page 2 of 2 POLICY NUMBER: TB2-Z91-459513-046 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations The City of Cupertino, a Municipal Corporation of the Job#16092, Project#2016-13, Pasadena Ave. State of California, its City Council, and their Public Improvements, Cupertino, CA employees, representatives, consultants, and agents, and Engineers Information required to complete this Schedule , if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused , in whole or in part , by : 1. Your acts or omissions ; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above . However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement , the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured . B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after : 1. All work , including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 ©ISO Properties , Inc ., 2012 Page 1of2 0 C. With respect to the insurance afforded to these additional insureds , the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance : 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less . This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 ©ISO Properties , Inc., 2012 CG 20 10 0413 POLICY NUMBER: TB2-Z91 -459513-046 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Cupertino, a municipal Corporation of Job#16092, Project#2016-13, Psadena Ave. Public the State of California, its City Council, and their Improvements, Cupertino, CA employees , representatives, consultants , and agents, and Engineers Information required to complete this Schedule , if not shown above, will be shown in the Declarations. A . Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused , in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However : 1. The insurance afforded to such additional insured only applies to the extent permitted by law ; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured . B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance : 1. Required by the contract or agreement ; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less . This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations . CG 20 37 0413 © Insurance Services Office , Inc ., 2012 Page 1 of 1 WORKERS' COMPENSATION AND EMPLOYERS' L IABILITY INSURANCE POLICY we 04 03 os (Ed. 4-B4) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which It is attached effective on the Inception date of the pollcy unless a different date ls indicated below. (The followin.g "att.echlng oleuse• need be oornpleted only when this endor&ement Is Issued subaeque11t 1o preparaVon of Iha pollny.) This endorsement, effective on 7 /1 /20 1 6 (OA'fE) al 12:01 AM. standard time, torms a part of Policy No . WC 017 3640-02 Endorsement No. of the Zurich American Insurance Co . (NAME OF INSURANCE COMPANY) Issued to , 0 Grady Paving, Inc. Premium (rf any) $ We have the right to recover our payments from anyone Hable for an Injury covered by this policy. We wlll not enforce our right against the person or organization named in the Schedule. (This agreement applies only 1o the extent that you perform work under a written contract that requires you to obtain this agreementfrom us.) You must maintain payroll records accurately segregating the remuneration of Your employees while engaged In the work described In the Schedule . The additional premium for this endorsement shall be mlum otherwise due on such remuneration. Schedule Person or Organizat ion % of the California workers' compensation pre- Job Description ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNbER nus POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZA.TlON WC 252 ('4 ·64) WC 04 03 06 (Ed. 4-84) Pege 1 o11 POLICY NUMBER: BAP 0173 6 3 9 -0 2 COMMERCIAL AUTO CA 20 48 02 99 TH IS E NDORS EME NT CHANG ES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi - fied by this endorsement. This endorsement identifies person(s) or organlzatlon(s) who are "Insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alte r coverage provided in the Coverage Form. This endorsement changes the poficy effective on the inception date of the policy unless another date Is Indicated below . Endorsement Effective: . 7 / 1 / 2 0 16 Namedlnsured : O'Grad Pavin , Inc . Name of Person(s) or Organization(s): ~t~' u onz:;:entallve SCHEDULE • Any person or organization to whom or which you are required to provide additional Insured status or additional insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to loss, except where such contract or agreement Is prohibited by law. (If no entry appears above, information required to complete this endorsemen t will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an '"Insured" for Liability Coverage , but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 2048 02 99 Copyright, Hawaii Insurance Bureau, Inc .. 1999 Includes copyrighted material of the Insurance Services Office, Inc ., with its permission Copyright, Insu rance Services Office, Inc., 1999 CA 1028 (2 -99) Page 1of1 PO LI CY NUMB ER: BA P Ol 73639-02 COM MERC IAL AU TO CA 04441013 TH IS ENDORSEMENT CH AN GES THE POLICY. PLEASE READ IT CAREF ULL Y. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following : AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAG E FORM MOTOR CARRI ER COVERAG E FORM With respect to cove rage provided by this endo rsemen t , th e provisions of the Coverage For m apply unless mod ified by the endorsement. This endorsement changes the policy effect ive on t he incept ion date of the policy u nless anothe r date is ind icated below. Na n-eel Insu red: O' Grady Paving , I nc . Endors ement Effe ct ive Date: 7 I 1 I 2o16 SCHEDULE Narre (s) Of Pers on(s) Or Or ganiz atio n(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED , EXECUTED PRIOR TO THE ACCIDENT OR LOSS , THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY Info r mat ion rP.rlui red to comolete this Schedule if no t shown above will be shown in the Declarati ons. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organ ization(s) shown in the Schedule , bu t only to the extent that subrogat ion is waived pr ior to the "acc iden t" or the 'loss " under a contract with that person or organizatio n. CA 04441013 ©Insu ran ce Servi ces Office , Inc ., 20 11 Page 1of1 Coverage Extension Endorsement Policy No . Eff. Date of Pol. Exp . Date of Pol. Eff. Date of End. Producer No . Add'I. Prem Return Prem . BAP0173639 -02 7/1/2016 7/1/2017 7/1/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the : Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II -Covered Autos Liability Coverage : The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own , hire or borrow for acts performed within the scope of employment by you . Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business . b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to you r business . c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less . 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form . B. Amendment -Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II -Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds . (4) All reasonable expenses incurred by the "insured" at our request , including actual loss of earnings up to $500 a day because of time off from work . Includes copyrighted materia l of Insurance Services Office, Inc .. with its permiss ion. U-CA-424-F CW (04-14) Page 1 of 6 C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II -Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damag e Coverage 1. The following is added to the Racing Exclusion in Section II -Covered Autos Liability Coverage : This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section Ill -Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2 .b. in the Exclusions of Section IV -Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event , such as , but not limited to, auto or truck rodeos and other auto or truck agility demonstrations . E. Lease or Loan Gap Coverage The following is added to the Coverage Prov ision of the Physical Damage Coverage Section : Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage ; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance , health, accident or disability insurance purchased with the loan or lease ; and (5) Carry-over balances from previous leases or loans . F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section : If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived . You have the option of having the glass repaired rather than replaced . H. Hired Auto Physical Damage -Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following : Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a veh icle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by : Includes copyrighted material of Insurance Services Office , Inc., with its permission . U-CA-424-F CW (04-14) Page 2 of 6 (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day , to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are : (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b . Subject to Paragraph a. above , the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace ; or (2) The actual cash value . c. The coverage provided In Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage . However, we will not pay for "loss" to personal effects of any of the following : (1) Accounts . bills , currency , deeds, evidence of debt, money, notes , securities , or commercial paper or other documents of value . (2) Bullion , gold, silver, platinum, or other precious alloys or metals; furs or fur garments ; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade . (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss ". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 8.4.a. of Section Ill -Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 8 .2.c. of Section IV -Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records , discs or other similar audio , visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". Includes copyrighted material of Insura nce Services Office , Inc., with its permission . U-CA-424-F CW (04-14) Page 3 of 6 K. Airbag Coverage The Exclusion in Paragraph 8.3.a. of Section Ill -Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 8.4.a. of Section IV -Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section : If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible , it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible . M. Physical Damage -Comprehensive Coverage -Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section : Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations , whichever is greater. N. Temporary Substitute Autos -Physical Damage 1. The following is added to Section I -Covered Autos: Temporary Substitute Autos -Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction . 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos -Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces . O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following : a. In the event of "accident", claim , "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim , "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any Includes copyrighted material of Insurance Services Office, Inc., with its permission . U-CA-424-F CW (04-1 4) Page 4 of 6 agent, servant or employee of the "insu red" to notify us of any "accident", claim , "suit" or "loss" shall not invalidate the insurance afforded by this policy . Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to , the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible , the names and addresses of any injured persons and witnesses . If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us , your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you . P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition : This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos -Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you . However, any "auto" that is leased , hired , rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition : However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form ; or (2) Make an error, omission, improper description of "autos" or other misstatement of information . You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto -World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following : (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following : "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental angu ish means any type of mental or emotional illness or disease. Includes copyrighted material of Insurance Services Office , Inc., with its pe rmission . U-CA-424-F CW (04 -14) Page 5 of 6 U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Para graph B. Exclusions under Section II -Covered Auto Liability Coverage is replaced by the following : · · Expected Or Intended Injury "Bodily injury" or "property damage" expected or in tended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage " resulting from the use of reasonable force to protect persons or property . V. Physical Damage -Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section Ill -Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type . We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage . We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending , regardless of the policy's expiration , when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section : In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type , we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license , other fees and any aftermarket vehicle upgrades, up to a maximum of $2500 . The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric , hydrogen, propane , solar or natural gas, either compressed or liquefied. To qualify as an "auto" powe red by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine . An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source . X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same . Includes copyrighted material of Insu rance Services Office , Inc., with its permission . U-CA-424-F CW (04 -14) Page 6 of6 DOCUMENT 00610 CONSTRUCTJON PERFORMANCE BOND Project No.2016-13 Bond #: 106523330 Premium: $1,791.00 TflJS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated July 7 , 2016 , 1s m the penal sum of Three Hundred Seventy Three Thousand One Hundred & 001100 [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12 , attached to this page. Any singular reference to O'Grady Paving, Inc. ("Contractor"), Travelers Casualty and Surety Company of America ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: O'Grady Paving, Inc. Name 2513 Wyandotte Street Address Mountain View , CA 94043 City/State/Zip CONSTRUCTION CONTRACT: SURETY: Travelers Casualty and Surety Company of America Name 100 California Street Suite 300 Principal Place of Business San Francisco , CA 94111 City/State/Zip Pasadena Avenue Public Improvements PROJECT NUMBER 2016-13 at Cupe1iino , California. DATED on or about July 5 , 20~ in the Amount of$ ____ 3_7_3,_1_00_._oo ______ (the "Penal Sum ") CONTRACTOR AS PRINCIPAL Company: (Corp. SURETY Company: BOND TERMS AND CONDJTIONS 1. 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 .1 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.J To Surety in accordance with the terms of this Bond and the Construction Contract; or C ity of Cupertino Pasadena Avenue Public lmprovements 00610 -l Con struction Perfomiance Bond Project No.20 16-1 3 3.2.2 To a contractor selected to pe rform th e Cons truction Contract in accordance with the terms of this Bond and the Construction Co ntract. 4. When City has satisfied the con ditions of paragraph 3, Surety shall promptly (w ithin 30 days) and at Surety 's expense elect to take one of the following action s : 4. l Arrange for Contracto r, with consent of City , to perfonn and complete th e Construction Contract (but C ity may withhold consent, in w hich case the Surety mu st elect an option described in paragraph s 4.2 , 4.3 or 4.4, below); or 4.2 U ndertake to perform and complete th e Construction Contract itself, through its agents or through independent contractors ; provided , that Surety may not select Co ntractor as its agent or independent contractor without City 's consent; or 4.3 U ndertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for pe r fo rmance and completion of the Con s tru c tion Contract, and , upon determination by City of the lowest respon sib le bidder, arrange for a contract to be prepared for execution by City a nd the contractor se le cted with City's concurrence, to be sec ured with p e rfonnance a nd payme nt bond s exec uted by a qualifi e d s uret y equivalent to the bonds issued on th e Construction Contract; and , if Surety 's obligations defined in paragraph 6 , below, exceed the Balance of the Contract Sum, then Surety shall pay to C ity the a mount of s uch excess ; or 4.4 Waive its right to perform and co mpl e te , arrange for compl etio n , or obtain a new contractor a nd with reasonabl e promptness under the c ircum sta nce s, and , after investigation and consultation with C ity , determine in good faith its monetary obli gation to C ity under paragra ph 6 , below, for the performance and completion of the Con struction Contract and , as soo n as practicable after the amount is detennined , te nder payment therefor to C ity with full expl a nation of th e payment's calculation. If C ity acce pt s Surety 's tender under this paragraph 4.4 , Ci ty may s till hold Surety liable for future damages then unknown or unliquidated resulting from th e Co ntractor Default. If C ity disputes th e amount of Surety 's tender under thi s paragraph 4.4, C ity may exerc ise all re medi es ava ilable to it a t law to enforce S urety 's lia bility und e r paragraph 6 , below. 5. If Surety does not proceed as provided in paragraph 4 , above, then Surety s hall be d eemed to be in d efa ult on thi s Bond ten days after rece ipt of a n additional written notice from C ity to Surety d e manding that Surety perform its obligations under thi s Bond. At all times Ci ty shall be entitled to enforce any remedy available to C ity at law or under the Construction Contract includin g , without limitation , and by way of exa mple only, ri g ht s to perfo rm work, protect work, miti gate damages, advance critica l work to miti gate schedule delay, or coordinate work with other consultants or contractors. 6. Surety 's monetary obligation under thi s Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation s ha ll augment the Balance of th e Contract Sum. Subject to these limits , Surety 's obligations under thi s Bond are commensurate with the obligations of Contractor und e r the Construction Contract. Surety 's obligations shall include, but a re 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 res pons ibilities of Co ntracto r under the Con stru c tion Contract to pay liquid ate d damages, and fo r damages for which no liquidated damages are s pecified in the Con struction Contract , actual damage s caused by non-performance of the Con struction Contract including, but no t limite d to , a ll valid a nd proper backcharges, offsets , payments, ind em nities, or other d a m ages; 6.3 Ad ditional legal, design profe ss ion a l a nd delay cost s resulting fro m Contractor Default o r resultin g from the actions o r fa ilure to act of th e Surety under p a ragraph 4 , above (but excludin g attorney's fee s in c urred to enforce this Bond). City of Cu pertino Pasad ena Ave nue Pub li c Jmpro veme nts 00610 -2 Co nstru ction Perfonnan cc Bo nd Projec t No.20 16-1 3 7 . No right of action s hall accrue on this Bond to any perso n or entity other than C ity or its s ucces so rs o r assign s . 8. Surety hereby waives notice of any change, alteration or addition to the Construction Co ntract or to related subcontracts, purchase orders and other obligations, includin g 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 thi s Bond. 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent juri sdiction 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 this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unles s expressly stated otherwise . IO. 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 005 20 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished , shall be s ufficient compliance 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 confonning to s uch statutory requirement sha ll be deemed incorporated herein . 12. Definitions. 12 .1 Balance of the Co ntract Sum: The total amount payable by C ity to Contractor pursuant to the terms of the Construction Contract after all proper adjust ments have been made under the Co nstruction Contract, for example, deduction s for progress payments made, and increases/decreases for approved modifi cation s to the Construction Contract. 12.2 Construction Contract: The contract between City and Co ntractor identified on the s ignature page of thi s Bond, including all Co ntract Documents and changes thereto. 12 .3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived , to perfonn 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 waived, to pay Contractor progress payments due under the Co nstruction Contract or to perform other material terms of the Construction Contract, if such failure i s the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. C ity of C upertino Pasade na A ve nu e Public Impro ve ments END OF DOCUMENT 00610 -3 Construction Pe rforman ce Bond WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .... POWER OF ATTORNEY TRAVELERS J Farmington Casua lty Compa n y Fidelity a nd Guaranty Insurance Company Fidelity an d G u aranty Insurance Underwriters, Inc. St. Paul Fire a nd Marin e Insurance Company St. Paul Guardian Insurance Company A ttorney-In Fact No . 230672 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casu a lty and Sure!)' Company of A merica United S tates F idelity and Guaranty Company Certificate No . Q Q 6 8 2 4 4 8 9 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casua lt y Company, St. Pa ul Fire and Marine In surance Company. St. Pa ul Guardian In surance Company. St. Paul Merc ury In surance Company, Tra ve lers Ca sualty a nd Sure ty Company, Travelers Casua lt y and S urety Company of Ameri ca. and Unit ed States Fide lit y a nd Guaranty Company a re co rporation s dul y orga ni zed und er th e laws of the State of Connec ti c ut , that Fid e lit y a nd Gua ranty In s uran ce Company is a corporati o n dul y orga ni zed und e r the law s of the State of Iowa , and that Fidelity and Guaranty Insurance Underwrit ers . In c., is a co rp oratio n dul y orga n ized und er the law s of th e State of Wi scon s in (he re in co ll ecti ve ly ca ll ed th e "Compani es"), and that the Companies do hereby make . constitute a nd appoi nt Cathe rin e A. Pinney, Nan cy L. Walli s, K. Di xon Wright, Stacy M . Clinton , K a ndace L. R eeves, a nd Nata li e A nn H order of th e Ci ty of __ P_e_t_a_l_u _m_a _____________ , State of _____ C_a_li_fo_rn_i a __________ , their true and lawful A ttorney(s)-in -Fact , each in th e ir separate ca pacity if more than on e is named a bo ve, to s ign , execut e, sea l a nd acknowl edge a ny and a ll bo nd s, recogni za nces , conditional undertakin gs and other wr itin gs o bli ga tory in th e natu re th e reof on behalf of the Companies in their bu sin ess of g uaranteein g th e fid e lit y of perso ns . g uara nt eei ng the pe1formance of contra cts and exec utin g o r g uara nt eeing bonds and undertaki ngs required o r pe rmitt ed in any actions or proceedings all owed by law. IN WITNESS WHEREOF , th e Compani es ha ve caused thi s in strume nt to be s ig ned a nd th e ir corporate sea ls to be he reto affixed. thi s _____ 6_t_h _____ _ day of Jun e 20 16 State of Conn ecti cut City of Hartford SS. Farmington Casu a lty Company Fidelity and Guaranty Insurance Company Fideli ty a nd Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine I nsurance Company St. Paul G u ardian Insurance Company By: St. Paul Mercury Insurance C ompany Travelers Casualty and S urety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Robert L. Rane y. Senior Vice Preside nl On thi s the __ 6_t_h ______ day of __ J_u_n_e ________ _ 20 16 , befo re me personall y appeared Robert L. Ran ey, who acknow ledged hi mse lf to be th e Sen ior Vi ce Pres ide nt of Farmingto n Casualty Company. Fide lit y a nd Guaranty In s uran ce Company, Fide lit y and G uaran ty In s ura nce Underwriters, Inc ., St. Paul Fire and Marine In s uran ce Company, St. Pau l Guardian In surance Company, St. Pau l Me rcury In surance Co mpa ny. Tra ve lers Cas ualty and Su rety Company, Tra ve le rs Casua lt y a nd Surety Company of Ameri ca , and United St ates Fidelity and Guaranty Company, and that he, as s uch. being a uth orized so to do. execut ed th e forego in g in strum e nt fo r th e purpo ses th e re in contained by s igning on beha lf of th e corporation s by him self as a dul y authorized officer. In Witness Whereof, I he re unto set my hand and official sea l. M y Commi ss ion ex pires the 30th day of June , 20 2 1. 58440-5-16 Printed in U.S.A. '"Marie C. Te1reaull. Nota ry Public WARN IN G: THIS POWER OF ATTO RNEY IS IN VALID WITHOUT THE RED BORDER WARNIN G: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted und e r and by th e authority of th e fo ll owing reso lutions adop ted by th e Boards of Directors of Farmington Casualty Company, Fid e li ty and Guaranty Ins ura nce Company, Fidelity and Guaranty In s urance Underwriters, Inc., St. Pau l Fire and Marine In s urance Company, St. Paul Guardian In s urance Company, St. Paul Mercury In surance Company, Travelers Cas ua lt y and S urety Company, Travelers Cas ua lt y and Sure ty Company of America, a nd United States Fid e lity and Guaranty Company, whi ch resoluti ons a re now in full fo rce a nd effect , readin g as fo ll ows : RESOLVED , th at the Chairman. th e Pres id e nt , any Vice Chairman, any Executive Vice President, any Sen ior Vice Pre sid e nt, a ny Vice Pres ident , any Second Vice Presid e nt , th e Treasurer, any Assistant Treasurer, th e Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act fo r and on be ha lf of th e Company and may give s uc h appoi nt ee such authority as hi s or her certifi cate of a uthorit y may prescrib e to s ign with the Company 's name a nd sea l w ith th e Company 's seal bonds, recogni za nces, co ntracts of indemnity, and o th er writin gs o bli ga tory in the nature of a bond , recognizance , or condi ti o na l und erta kin g, and any of sa id officers or th e Board of Direc tors at a ny time may remove a ny s uc h appoi ntee and re vo ke the power g iven him or her ; a nd it is FURTHER RESOLVED , th at th e Chai1111an , th e President , any Vice Chairman, any Exec ut ive Vice President, any Sen ior Vice Presid ent or a ny Vice President may delegate all or any prut of the foregoing authorit y to o ne or more officers or employees of thi s Company, prov id ed that each such delegat ion is in wri tin g and a copy thereof is filed in th e office of th e Secretary ; and it is FURTHER RESOLVED , that an y bond , recogni zance , co ntract of indemnity, or writin g ob li gatory in th e nature of a bond , recognizance , or conditi onal und ert ak in g sha ll be va lid and binding up on th e Company when (a) s ig ned by th e Pres id e nt , any Vice Chairman , any E xec uti ve Vice President , a ny Sen ior Vice Pres id e nt or any Vi ce Pres ident , any Second Vice Pres id e nt , th e Treas urer, a ny Assistant Treasurer, th e Corporate Secretary or any Ass istan t Secretary and duly attested a nd sealed with the Company's seal by a Secretary or Ass ista nt Secretary; or (b) dul y exec uted (und er seal , if required) by one or more Attorneys-in -Fact and Agents pursuant to the powe r prescribed in hi s or her cert ificate or th e ir certificates of authority or by one or more Company officers pursuant to a wri tt e n de legati on of authority; and it is FURTHER RESOLVED , th at the s ignature of each of the followin g officers: Presid e nt , any Exec uti ve Vice Pres id e nt , any S eni or Vice President , any Vice President , any A ss istant Vice Pres ident , any Secretary, any Ass istant Secretary , and th e seal of th e Company ma y be a ffi xed by facs imil e to any Power of Att orney or to any certifica te relatin g thereto appo intin g Res ident Vice Preside nt s, Res ident Ass istant Secreta ri es or Attorneys-in-Fact for purposes onl y of exec utin g and attest in g bonds and undertaki ngs and other writin gs ob li ga tory in th e nature thereof, and any s uch Power of Attorney or certificate bearing such facsimjle s ignat ure or facsimile sea l s ha ll be va lid and bindin g up on th e Company and any such po wer so exec ut ed and certified by such fa cs imil e sig nat ure and facs imil e seal sha ll be va li d and binding o n the Company in th e future with res pect to a ny bond o r unde rsta ndin g to whi c h it is att ac hed. I , Kevin E . Hug hes, th e unde rsigned , Ass istant Secretary, of Farnlington Casualt y Company, Fid elity and Guru·ant y In s urance Company, Fi de lit y and G uaranty In s uran ce Underwriters, In c ., St. Paul Fire and Marine In suran ce Company, St. Paul Guardian In surance Company, St. Pa ul Mercury Insurance Company, Travelers Cas ual ty and Surety Company, Travelers Cas ualty and Surety Company of America, and United States F idelity and Guaranty Company do hereby ce rtify that the above and foregoing is a tru e and co rrec t copy of th e Power of Att orn ey executed by said Compani es , wh ich is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF , I have hereunto set m y hand and affixed the seals of said Companies thi s 7th day of July 16 ~~~~~~~~~~·20 To verify th e a uth e nti city of thi s Powe r of Attorney, ca ll 1-800-42 1-3880 or contac t us at www.tra vele rsbo nd .co m. Pl ease refer to th e Attorney-In -Fact number, th e above-n amed indi vidua ls and the de ta il s of the bond to which th e power is attached. WARNING : THIS POWER OF ATTORNEY IS IN VALID WITHOUT THE RED BORDER CALIFORNIA ALL-PUR POSE ACKNOWLEDGMENT CIVIL CODE§ 11 89 A notary public or other officer completing this certificate verifies onl y 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 Sonoma On July 7, 2016 before me, ___ C_at_h_e _rin_e_A_._P_in_n_e~Y ~· N_o_t_a ~ry_P_u_b_lic ________ _ Date Here Insert Name and Title of the Officer personally appeared ________ St_a~cy~M_. _C_lin_t_on _________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the pers~o ' whose name~ i s/~ sub cribed to the within instrument and acknowledged to me that /she/t y ex ecuted the same' in h~er/tt}.#authorized capacity(jeS), and that by J:A1Slher/t~r signatur~ on t e instrument the person~. or the entity upon behalf of which the person~ acted, ex ecuted the instrument. Place Notary Sea l Above I certify under PENAL TY OF PERJURY under the laws of the State of Cali fornia that the foregoing paragraph is true and correct. WITNESS my hand and officia l sea l. Signature _______________ _ Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudu lent reattachment of th is 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: ____________ _ C apacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual Q9 Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ©2014 National Notary Assoc iation • www.Nat ionalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Project No. 20 16-1 3 Bond #: 106523330 DOCUMENT 00620 Premium: included in performance bond CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond") is dated July 7 , 2016 , is in the penal sum Thre e Hundred Seventy Thre e Thousand One Hundred & 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 1 through 14, attached to this page. Any singular reference to O'Grady Paving , Inc. ("Contractor"), Travelers Casual ty and Su rety Company of America ("Surety"), the City of Cupertino, a Municipal Corporation of the State of Ca li fornia ("City") or other party shall be considered plural where app licable. CONTRACTOR: O'Grady Paving , Inc. Name 2513 Wyandotte Street Address Mountain View CA 94043 City/State/Zip CONSTRUCTION CONTRACT: SURETY: Travelers Casualty and Surety Company of America Name 100 Ca liforni a Street , Suite 300 Principal Place of Business San Francisco CA 94111 City/State/Zip Pasadena Avenue Public Improvements at Cupertino, California. DATED on or about July 5 CONTRACTOR AS PRINCIPAL Company: Name and Title: PROJECT NUMBER 2016 -1 3 , 20 ~in the Amount of $ ____ 3_73~,_10_0_.o_o ______ (the "Penal Sum") aving , In c. SURETY Company: BOND TERMS AND CONDITIONS l. Contractor and Surety, jointly and severall y , bind themselves, their heirs, executors, administrators, successors a nd assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the perforniance of the Construction Contract, which is incorporated herein by reference. 2. With respect to City, this ob li gation shall be null and void if Contractor: 2. J Promptly makes payment, directly or indirectly, for a ll sums due C laim ants; 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 forth on the signature page of this Bond) of any claims, demands , liens or s u it s and tendered defense of such claims, demand s, li ens or suits to Contractor and Surety, and provided there is no City Default. City of Cup ertino Pasadena Ave nu e Publi c Impro ve ment s 00620 -I Con struction Labor and Materi al Pa yment Bond Project No. 2016-13 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 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 . l 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 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 confonning 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 (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a s chedule 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 C ity of C upe rtino Pasadena A ve nue Public fmprove ments 00620 -2 Con struction Labor and Material P aym e nt Bond Project N o . 2016-13 Contract. Contractor shall also cause a copy of thi s determination of the prevailing rate of per diem wages to be posted at each Site . 14. Definitions . 14. l 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 , ga soline, 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. C ity of C up e rtin o Pasa de na A ve nu e Publi c .Impro ve me nt s END OF DOCUMENT 00620 -3 C on stru cti o n La bo r and Materi a l Pay me nt Bo nd WARNING : THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER ~ TRAVELERS J POWER OF ATTORNEY A ttorney-In Fact No. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters , Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 230672 St. Paul Mercury Ins ura nce Company Travelers C a s ualty and S urety C ompany Trave le r s C a s ualty a nd S urety C ompany of America United States F idelity a nd G u a ranty C ompany Certificate No. Q Q 6 8 2 4 4 9 Q KN O W ALL MEN BY THESE PRESENTS: That Farmington Ca sua lt y Company, St. Paul Fire and Marin e In sura nce Co m pa ny, S t. Paul Guardi an In suran ce Comp any. S t. Paul Me rc ury In s uran ce Company, Tra ve le rs Cas ualty and Surety Company, Tra ve lers Cas ua lt y and S ure ty Company o f A meri ca. a nd Unit e d States Fi de lit y a nd G uara nt y Compa ny are co rporation s dul y organi zed und e r th e la ws of th e Sta te o f Connec ti c ut. th at Fid e lit y and Gu ara nt y In sura nce Co mpany is a corp oratio n d ul y orga ni ze d unde r th e laws o f th e State of Iowa, and th at Fid e lity and Gu arant y In sur ance Unde rwrit e rs. In c .. is a corporation dul y organi ze d und er th e laws of th e State of Wi scon s in (here in co ll ec ti ve ly ca ll ed th e "Compani es"), a nd that th e Co mp ani es do he re by make, co nstitute and appoi nt Cath eri ne A. Pinney, Nancy L. Walli s, K . Dixon Wright , Stacy M. Clinton , Kandace L. Reeves, and Natali e Ann H arder of th e City of __ P_e_t_a_l_u_m_a _____________ , State of _____ C_a_l i_f_o_r_n_ia __________ . th e ir true a nd lawful Att orn ey(s)-in-Fac t , each in th e ir separate c ap ac it y if mo re th an one is named a bove , to s ign , exec ut e, sea l a nd ac kn ow ledge a ny a nd a ll bonds . recogn iza nces . co nd iti o na l und ertakin gs a nd o th e r writin gs o bli gatory in th e nature th e reof on beha lf o f th e Companies in th e ir bu sin ess o f g uara nteein g the fide lit y of perso ns. guara ntee in g th e pe rfo rm ance o f cont rac ts and exec utin g or g uarant eein g bond s a nd unde rtakin gs required o r permitted in an y ac ti ons o r proceedi ngs a ll owed by law. 6th I N W ITNESS W H E R E OF, th e Compani es have cau sed thi s in strume nt to be s igned and th e ir corp o rat e sea ls to be he reto affixed. th is ___________ _ d f June 2016 ayo ___________ _ S tate of Co nn ec ti c ut Ci ty of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company S t. Paul Guardian Insurance Company By: St. Paul Mercury Ins urance C ompany Trave lers Casualty a nd S u rety C ompa n y Travelers C a s ualty and S uret y C ompa n y of America United S tates F idelity and G u a ranty C ompany Robert L. Ra ne y. Senior Vice Pres ide nt O n thi s th e __ 6_th _____ day of __ J_u_n_e _______ _ 2 0 l 6 , be fore me perso na ll y a ppea red Ro be rt L. Raney, who ac kn ow ledged him se lf to be th e Se nior Vice Pres id e nt of Farmin g ton Ca sua lt y Co mpan y. Fidelity and Guaranty In suran ce Company, Fid e lit y a nd Gu aran ty In s ura nce Und e rwrit e rs , In c ., St. Paul Fire a nd Marin e In s uran ce Compa ny, S t. Paul Gu a rdi an In suran ce Company, St. Paul M ercur y In s ur ance Com pa ny, Travelers Casua lt y and Surety Co mpa ny, Tra ve le rs Cas ua lt y a nd S urety Co mpan y of A me ri ca , and United St ates Fid e lit y a nd Gu arant y Compan y, and th a t he, as such. be ing aut horized so lO do . exec ute d th e fo regoin g in s trum ent for th e purposes th e re in co nt a in ed by s ig nin g o n be half o f th e corp oration s by him se lf as a dul y a uth orized officer. In W itness W hereof, I he re unt o set my hand and o ffi c ia l seal. My Com mi ss io n ex pires th e 30th cl ay of Jun e, 202 1. 58440-5-16 Printe d in U.S .A. '"Marie C. Tctreaull. 1otary Pub li c WARNING : THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BO RDER WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER Thi s Power of Attorn ey is granted unde r and by th e auth ority of th e fo ll ow in g resolut io ns ado pt e d by th e Board s of Di rec tors of Farmin gton Casualt y Com pa ny, Fidelity and Gu ara nty In surance Com pa ny, F ide lity and G uaranty In sura nce Underwri ters , Inc., St. Paul F ire and Mari ne In s urance Company, S t. Paul Gu ardia n In s ura nce Co mpany, S t. Pa ul Mercury In s urance Com pa ny, Travelers Cas ualt y a nd S urety Company, T rave le rs Cas ua lty and S ure ty Company of A me ri ca, and U nit ed States Fide lity and Gu aranty C ompany, whi ch reso lu tions are now in full fo rce and effect , read in g as fo ll ows: RESOLVED , th at th e Chairm an , th e Pres id e nt , any Vi ce Chairm an , any Exec uti ve Vice Pres id e nt , any Seni or Vi ce Pres id e nt , any Vice President , any Second Vice Presid ent , the Treas urer , any Assis ta nt Treas ure r, the Corp orate Secretary or a ny Ass istant Secre tary may a pp o in t Att o rn eys-in-Fac t and Agent s to ac t fo r and o n be ha lf of the Company and may give such a pp o int ee such auth orit y as hi s o r her certifi cate of a uth orit y may prescrib e to s ig n w ith th e Comp any's name and seal w ith th e Company's se al bond s, recogni za nces, contrac ts o f ind e mnity, and oth er writin gs o bli ga to ry in th e nature of a bond , recogni za nce, or condition a l unde rt akin g , and any of said offic ers or the Board of Direc tors at a ny tim e m ay remove an y suc h appo intee a nd revoke th e po wer g ive n him or her ; a nd it is FURTHER RESOLVED , th at th e Cha irm an , th e President, any Vice Chairm a n , a ny Execut ive Vi ce President , a ny Seni o r Vi ce Presid ent or a ny Vi ce Pres id ent may del egate a ll or a ny part of th e fo regoin g auth orit y to o ne or more officers or em ployees of thi s Co mpany, prov id ed th at each such de legati on is in writin g and a co py th ereof is fil ed in th e offi ce of th e Secretary ; a nd it is FURTHER RESOLVED , th at any bond, recog ni zance, co nt rac t of indemnity, or writing obli gatory in th e nature of a bond, recog ni za nce, or cond iti o nal und ertakin g shall be va lid and binding up on th e Comp a ny when (a) s ig ned by th e Pres ide nt , a ny Vi ce C ha irm an , any E xec uti ve Vice Pres id e nt , any Seni o r Vice Pres id e nt or any Vice Pres id e nt , any Second Vi ce Presid ent , th e Treasure r, any Ass ista nt Treasure r, th e Corporate Secre tary or any Ass is tant Sec retary and d ul y attested a nd sea led with th e Company 's se al by a Secretary or Ass ista nt Secre tary; or (b) dul y exec ut ed (under seal , if required ) by one or more Att orn eys-in -Fact and Agents pursua nt to th e power prescrib ed in hi s or he r certifi cate or th e ir certifi cates of authority or by o ne or mo re Comp a ny offi cers purs uant to a writte n delegati o n o f auth orit y; a nd it is FURTHER RESOLVED , that th e s ig nature of e ach o f th e follo win g offi cers: Pres id ent , any Executi ve Vi ce Pres id e nt , any Senior Vi ce Pres id e nt , any Vi ce Pres id ent , an y Ass istant Vi ce President , any Secretary, any Ass istant Secretary, a nd th e seal of th e Company ma y be affixed by facs imil e to any Power of Att orn ey or to any certifi cate re la tin g there to a ppo intin g Res id e nt Vi ce Presidents, Resid ent Ass istant Secretaries or Attorneys-in -Fac t fo r purposes o nl y of executin g a nd att estin g bo nd s and undert a kin gs and othe r writin gs o bli ga tory in th e nature th ereo f , and any s uc h Power of A tt o rn ey or ce11i fi ca te bearin g s uc h facs imjJ e s ignature or facs imil e seal shall be valid and binding upon th e Com pa ny and a ny s uc h power so execut ed and certifi ed by s uc h facsi mil e s ignature and facs imil e seal s ha ll be va li d and bi nd in g on the Co mp an y in th e future w ith res pect to a ny bo nd or und e rstandin g to whi c h it is att ac hed . I, Kevin E. Hu ghes , th e unde rsig ned , Ass istant Secretary, of Farmin gton Casualt y Comp any, Fi de lity and Gu ara nt y In s ura nce Co mp a ny, Fide lity and G uara nt y In sura nce Unde rwrit ers, In c., St. Paul Fire and M arin e In sura nce Comp any, St. Paul Gu ardi an In s ura nce Comp a ny, St. Paul Me rcury In surance Comp any, Travele rs Casua lty a nd Surety Co mpan y, Travelers Casualt y and Sure ty Comp any of Ame ri ca, and United States Fid e lity and Guaranty Compan y do here by certify th at th e ab ove and fo regoin g is a tru e a nd c orrect copy of th e Power o f Att o rn ey exec ut ed by sa id Comp an ies, which is in full fo rc e and effect and has not been revoked. IN TESTIMONY WHEREOF , I have he re unto set my hand and affi xed th e seals of said Compani es thi s 7th July 16 d ayof~~~~~~~~~~_,2 0 To veri fy the a uthenti c ity of thi s Power of Att orn ey , ca ll 1-800-421-3880 or co nt ac t us at www.tr ave lers bond.com . Pl ease refer to th e Att orn ey-In -Fact nu mber, th e a bove-n a med indi vidual s and th e de ta il s of th e bo nd to whi ch th e power is att ached. WA RNING : THI S POWER OF ATIORNEY IS IN VALID WITHOUT THE RED BOR D ER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1 189 A notary public or other officer completing this certificate verifies onl y the identity of the individual who signed t he document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of __ S_o_n_o_m_a ________ _ On __ J_u_l_y~-7~,_2_0_1 _6 __ before me, ___ C_a _th_e_r i n_e_A_._P_i _nn_e~Y~· _N _ot_a~ry_P_u_b_lic ________ _ Date Here Insert Name and Title of the Officer personally appeared _______ S_t_a~cy~M_. _C_lin_to_n _________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose nameW' is/~ su9scribed to the within instrument and acknowledged to me that lle/she/t~y ex ecuted the same in "r>~her/th,.¢' authorized capacity(i~, and that by ~/her/th~r signatur~~ on the instrument the person0), or the entity upon behalf of whicfl the person~ acted, executed the instrument. Place Notary Seal 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_<-=' _____ ?7 __________ _ Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of th is 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: ____________ _ C apacity(ies) C laimed by Signer(s) Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Lim ited D General D Individual l6J Attorney in Fact D Trustee D Guardian or Conservator D Other: ______________ _ Signer Is Representing: _________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D Genera l D Individual D Trustee D Attorney in Fact D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ ©2014 Nationa l Notary Assoc iation · www.NationalNotary .org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Project No. 2016-13 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of Pasadena Avenue Public Improvements PROJECT NUMBER 2016 -13 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 of the 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 use 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 li ability 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 longer 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, corre ct 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 re sulting 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 an y 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 forth in the Contract Documents, including, without means oflimitation, 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. ~L1~-'-M~f'=--~c.V....!..'~+-=r~~~. t\ress :\-oJ OUV\: n City/State/Zip City of Cupertino Pasad ena Avenue Publ ic Improvements !.J-. Date 1 END OF DOCUMENT 006 30 -1 Guaranty /G- 6qg Project No. 2016-13 DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS Pasadena Avenue Public Improvements PROJECT NUMBER 2016-13 THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and entered into this 6th day of December, 2016, by and between the City of Cupertino ("City"), and O'Grady Paving, Inc. ("Contractor"), whose place of business is at 2513 Wyandotte Street, Mountain View. CA 94043. RECITALS A. City and Contractor entered into Contract Number 2017-129 (the "Contract"). B. The Work under the Contract has been completed. Now, therefore, it is mutually agreed between City and Contractor as follows: AGREEMENT l . Contractor will not be assessed liquidated damages except as detailed below: Original Contract Sum $ 373,100.00 Modified Contract Sum $ 417,963.32 Payment to Date $ 108,328.50 Liquidated Damages $ 0 Payment Due Contractor $ 309,634.82 2. Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of Three Hundred and Nine Thousand, Six Hundred and Thirty -Four Dollars and Eighty -Two Cents ($309,634.82) 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. 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 parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full, final and general release of all 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 Cupertino), inspectors, representatives, assignees and transferees except for the Disputed Claims set forth 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. City of Cupertino 00650- 1 Agreement and Release of Any and All Claims Pasadena Avenue Public Improvements Project No. 2016-13 4. The following claims are disputed (hereinafter, the "Disputed Claims") and are specifically excluded from the operation of this Agreement and Release: Claim No. Date Submitted Description of Claim Amount of Claim None 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. Contractor shall immediately defend, indemnify and hold harmless the City of Cupertino, 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 forth 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. 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 part under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part 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 warrants that it has been represented by counsel of its own choosing in connection with 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 Cupertino 00650-2 Agreement and Release of Any and All Claims Pasadena Avenue Public Improvements Project No. 2016-13 * * * CAUTION: THIS IS A RELEASE - READ BEFORE EXECUTING * * * THE CITY OF CUPERTINO, a Municipal Corporation of the State of California By: Its: ATTEST: City Clerk O-GRADY PAVING, INC. y By. (&V-4- 0 Name: C e i - h e, a D tts• By: _ Name: Its: I we,-- REVIEWED tVe,-- REVIEWED AS TO FORM: ......... h -)M A QJ City Attorney W--(ti2t x.20 00 END OF DOCUMENT City of Cupertino 00650-3 Agreement and Release of Any and All Claims Pasadena Avenue Public Improvements