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16-108 Spencon Construction, Inc., Reconstruction of Curbs, Gutters, and Sidewalks, Project No. 2017-01Project No. 2017-001 DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release "), made and entered into this 15th day of November, 2017 , by and between the City of Cupertino ("City"), and Sp encon Construction Inc ., ("Contractor"), whose place of business is at P.O. Box 1220 Danville, CA 94526. RECITALS A. City and Contractor entered into Contract Number 2017-223 (the "Contract"). B. The Work under the Contract has been completed . Now, therefore, it is mutually agreed between City and Contractor as follows: AGREEMENT 1. Contractor will not be assessed liquidated damages except as detailed below: Original Contract Sum Modified Contract Sum Payment to Date Liquidated Damages Payment Due Contractor $1,934 ,818 .00 $ 1933646 .60 $ 1,822 ,060 .00 $ 0.00 $ 111 ,586 .60 2. Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of One Hundred Eleven Thousand Five Hundred Eighty-Si x Dollars and Sixty Cents ($111 ,586 .60) 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 th a t there are no unresolved or outs tanding 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 thi s Agreement and Release shall limit or modify Contractor 's continuing obligations described in parag raph 6 of this Document 00650 . City of Cupertino Agreement and Rel e as e of Any and All Claims 2016/17 Reconstruction of Curbs , Gutters and Sidewa lk s 00650 -1 Project No. 2017-001 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 5. Consistent with California Public Contract Code Section 7100 , Contractor hereby agrees that , in consideration of the payment set forth in paragraph 2 of this Document 00650, Contractor hereby releases and forever discharges City, and all of its agents, employees, consultants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract 6 . Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Documents . 7 . Contractor shall immediately defend , indemnify and hold harmless the City of 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. 9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in 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. I 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 tern1ination of the Contract, and execution of this Agreement and Release. City of Cupertino Agreement and Releas e of Any and All Claims 2016/17 Reconstruction of Curb s, Gutters and Sidewalks 00650 -2 * * * CAUTION: THIS IS A RELEASE -READ BEFORE EXECUTING * * * THE CITY OF CUPERTINO, a Municipal Corporation of the State of Californi a By:_;;;Rz~---~=-- Name : Timm Borden Its: Director of Public Works [City Clerk] [CO NTRACTOR] Spencon Construction, Inc . By:--------------- Name: _S_te_v_e_S_ta_h_l __________ _ Its: President By•~-/~(I Name: _______________ _ Its: ________________ _ REVIEWED AS TO FORM: f2/ [City Attorney) t.Af'vOOLJ \-\ S, t~"" ~ \€--~,20 '~ END OF DOCUMENT Project No. 2017-001 City of Cupertino Agreement and Release of Any and All C laims 2016/17 Reconstruction of Curbs , Gutters and Sidewa lks 00650 -3 CIT':' OF a CUPERTINO Spencon Construction P.O. Box 1220 Danville CA 94526 CONTRACT FOR : Project No. 2017-01 NOTICE OF AWARD August 3, 2016 2016 /2017 RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS The Contract Sum of your contract is One Million, Nine Hundred Thirty-Four Thousand, Eight Hundred Eight- teen Dollars and Zero Cents ($ 1,934,818) Awarded August 3, 2016 by City Manager of the City of Cupertino. 1. Two copies of each of the proposed Contract Documents (except Specifications and Drawings) accompany this Notice of Award. 2. You must comply with the following conditions precedent by 5:00 p.m . of the 1 O'h Calendar Day following the date of this Notice of Award, that is, by August 13, 2016 . Please return them to me a t the address below . a . Deliver to City two fully executed counterparts of Document 00520 (Contract). Each of the Contract Documents must bear your signature on the cover page. b. Deliver to City two original Document 00610 (Construction Performance Bond), executed by you and your surety. c . Deliver to City two original Document 00620 (Construction Labor and Material Payment Bond), executed by you and your surety. d. Deliver to City two original set of the insurance certificates from Document 00530 (Insurance Forms) with endorsements required under Document 00700 (General Conditions). e. Deliver to City two original copies of Document 00630 (Guaranty), each executed by you. f Deliver to City one original copy of the W-9 forn1 completed. 3. Failure to comply with these conditions within the time specified will entitle City to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid security forfeited. 4. Within 21 Days after you comply with the conditions in paragraph 2 of this Document 00510, City will return to you one fully signed counterpart of Document 00520 (Contract) with the Contract Documents. 5 . Upon commencement of the Work, you and each of your Subcontractors shall certify and make available for inspection payroll records on forms provided by the Division of Labor Standards Enforcement, in accordance with Section 1776 of the California Labor Code. Y OF CUPERTINO, a Municipal Corporation of the State of California ("City") ~./ David Brandt City Manager DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this M day of ~u;k, 2016, by and between SPENCON CONSTRUCTION, Inc., whose place of business is located at P .O. Box 1220, Danville, CA 94526("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 3rd day of August, 2016 awarded to Contractor the following Project: PROJECT NUMBER 2017-001 2016/17 RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article I. Work I . I 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 Roger Lee , Assistant Director of Public Works , 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 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: I 0300 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 Provisions) by June 30, 2017 as provided in Document 00700 (General Provisions) 3 .2 Liquidated Damages . City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Provisions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremel y difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work . Accordingly , City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3 .2.1 $500 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 $75 per Calendar Day for failure to remove concrete from a work area within the same calendar week . 3.2.3 $75 per Calendar Day for failure to replace asphalt to finish grade within 30 calendar days. 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 . 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. l Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site , locality , actual conditions, as-built conditions , and all local conditions, and federal , state and local laws and regulations that in any manner may affect cost , progress, performance or furnishing of Work or which relate to any aspect of the means , methods, techniques , sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings , products specifications or reports , available for Bidding purposes , of physical conditions, including Underground Facilities , or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Provisions) 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. 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 Provisions); and no additional examinations , investigations, explorations, tests , reports , studies or sim ilar 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 duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq . in document 00340 (Subcontractors List) Article 6. Contract Documents 6 .1 Contract Documents consist of the following documents , including all changes, addenda , and modifications thereto : Document 00002 Signature Page Document 00003 Project Directory Document 00012 Caltrans/City Cross-Reference Table Document 00100 Advertisement For Bids Document 00200 Instructions to Bidders Document 00210 Indemnity and Release Agreement Document 00400 Bid Form Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00520 Contract Document 00530 Insurance Forms 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 00700 General Conditions Document 00800 Special Conditions Document 00820 Traffic Control Requirements Document 00821 Insurance Document 00822 Apprenticeship Program Document 0 I 0 I OTechnical Specifications Addenda(s) Drawings/Pl ans 6 .2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Provisions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) 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 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (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 execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northem.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 particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara , State of California, and governed in all respects by California law (excluding choice of law rules). 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. IN WITNESS WHEREOF the parties have executed this Contract in triplicate the day and ye ar first above written. 2016/17 RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS CITY: CITY OF CUPERTINO, a Municipal Corporation of the State of California CONT By :~~......----~--____.,.,._~~~~~~~- [Signature] Atl"t . /),. -/,, 2~ 1/-, Lj'/(-5-~_~5_>fAK_L--__ _ ~~ ~K._ 0 ~ [Pleaseprintnamehere] ~Schmidt Approved as to form by City Attorney : I hereby certify, under pen alty of perjury , that Timm Borden, Director of Public Works of the City of Cupertino was duly authorized to execute this document. Dated : tJ8'/J6/J6 M; ~rd?tJJb- David Brandt, City Manager of City of Cupertino , a Municipal Corporation of the State of California Designated Representative : Name: Roger Lee Title: Assistant Director o f Public Works Address : 10300 Torre Ave ., Cupertino , CA 95014 Phone: 408-777-3269 Facsimile: 408-777-3354 AMOUNT: 1,934,818 ACCOUN T NUMBER: 270-85-820-900-922 -$800 ,000.00 ACCOUNT NUMBER: 270-85-821-900-921 -$1 ,134 ,81 8.00 FILE NO .: 2017-001 res .dent, or Vice P;·esident] I I By: ___ --+-w'-"'~-=----''--------- [Signature] \) 0 ('-..l ·r"-'A S JA-1-< L-- [Please print name here] Title : ,<;~~ [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or As s istant Treasurer] 0VJVJ0 A- State Contractor 's License No . Classification 7 lz.011 ExpiratidnDate Taxpayer ID No. 55 ~0532.,q'S'O Name: _5"""--'-lli-""'--'vJ"'""a)_"""'""'--"""S-=-JAH __ I.--. __ _ Title : __ p._~_-~1~0~~~-1 _____ _ Address : Phone: Ll l 1 S---6 l.AG<Yv<Aw £c__ Pl A-z.A Cc-<:_ 'f2--~ --'18 L{, 1..-S}> \ r::i I o o Facsimile: CJ U -'18 4 ..-?-.~8J NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT California All-Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness , accuracy , or validity of that document. State of California County of (pN'(~ C..CC::.'1"~ S .S. before me, "'a_._su_p..l C. ~\\I az.A,, !hr~ f"'-fJLIC , personally appeared~~~-~-~~~~~-~-'~-~~-~~-~-~-~~~-'-~~~~~~~~~~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. C,~ NELSON C. RIVERA COMM. #2141077 z Notary Public • California ~ Contra Costa Cou~ty ... Comm. EK ires Jan . 29, 2020 OPTIONAL INFORMATION ------------ Description of Attached Document The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification document titled/for the purpose of '2ot 4/Zol 7 Proved to me on the basis of satisfactory evidence : : ~t-l~c.K\O~ or ~'i:.f>S I ""WT"t'flZ.5: A~O .SI ~\A$' D form(s) of identification D credible witness(es) ~ , containing __ pages, and dated ()&lr'Z I 1 '- The signer(s) capacity or authority is/are as: D lndividual{s) D Attorney-in-fact O Corporate Officer(s) -------------- D Guardian/Conservator D Partner -Limited/Gen eral D Trustee(s) 0 Other :----------------- representing : --------------- Notarial event is detailed in notary journal on : Page#__ Entry# __ Notary contact: ________ _ Other D Additional Signer D Signer(s) Thumbprints(s) D -----------~ ; ... ,,C . ()\·,', .. Il l . •., ,, · ... < \,, (;, • ,\!'"· t \, •.) '• ,. .\. "''I I ,, H .<. :.. >..I> • :. '• • ( \ .• I lo',•. Hi, ,. ,\, >,,I I ,;)\;, • .\I '"· I\,•,/(•. •• CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness , accuracy, or validity of that document. State of California } County of 5~ ~ } On ~\ l4 , before me, .Jll..LcA il;l~;:Jn~mea ~i~r> ~. personally appeared i!-~h ~~\ ~O-S~ who proved to me on the basis of satisfactory evidence to be the person(fl whose name(1) isla/e subscribed to the within instrument and acknowledged to me that hi(/she/t l}e y executed the same in hjS/her/t l;re ir authorized capacity(i ~). and that by lf(s /her/Y,eir signature(6) on the instrument the person(~. or the entity upon behalf of which the person(%} acted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------- Notary Pub~e it_ W (Notary Public Seal} ~ ~ T INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION Thi s f orm complies with current Ca/ifornia statutes reg arding notmy ivording and, DE SC RIPTION OF THE ATTACHED DOCUMENT N~af~ -CS~cm-y.. (Title or description of attached do cument) ~II. ( 11-47> o.l, ~I ~. -'J,-- (Title or description of atta ched do cument continue/fj Number of Pages __la_ Document Date &"."Jo/ f ~ CAPACITY CLAIMED BY THE SIGNER ~ Ind ividual if,) D Corporate Officer (Title) D Part ner(s ) D Attorney-in-Fact o Trustee(s) D Other _________ _ 2015 Version www.No taryC lasses .com 800-873-9865 if needed, should be completed and al/ached to th e document. Ackn o wledg m ents from oth er s tates may be completed fo r doc um ents being sent to that state s o long as th e ll'ordi11g does 1101 require th e California notm y to vio l ale California 11 ota1)· law. • State and Co unty infonnation mu st be th e State and County wh ere th e doc ument signer(s) personally appeared before th e no taiy public for acknowled gment. • Date of notari zation must be th e date th at th e s igner(s) personall y appea red whi ch must a lso be th e same date th e ackn ow ledgment is completed . • Th e notaiy public mu st print hi s or her name as it appears within hi s or her co mmi ss ion follo wed by a co mma and th en yo ur titl e (nota1y public). • Prill! th e name(s) of do cum ent s ig ner(s) wh o pers o nall y appear at th e tim e o f notari zation. • !JJdi cate th e coITect siJJ gular or plural fo nns by cro ss in g off incOITect fonn s (i .e. lle/she/th€y, is /are) or circlin g th e coITec t fonn s. Fai lure to COITectl y indicat e thi s infonnation ma y lead to rej ecti on of doc um ent recordin g . • The nota ry se al impress ion must be c lea r and ph oto graphi cally reproducible. Impress io n mu st not cover tex t or lin es. If sea l impression smudges, re-seal if a s uffi c ient area pennits, oth erw ise compl ete a different ackn owl edgm ent fo nn . • Signature of th e notary publi c mu st match th e signature on fil e with th e o ffi ce of th e co unty clerk . •:• Additi ona l informatio n is not required but could help to ensure thi s ackn owledgm ent is not mi sused o r att ac hed to a d ifferent do c um ent. •:• Indi cate titl e or type of attached doc um en t, number o f pages a nd date. ••• Indi cate the capacity cla im ed by th e s ig ner. If th e c laimed ca pac ity is a corp orate officer, in di ca te th e titl e (i .e. CEO , CFO , Secreta1y). • Sec urely attach thi s docum ent to th e s ig ned d ocum ent w ith a sta ple. C ITY OF [fl Proj ec t No . 2017-001 CUPERT1NO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code , which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code , and will comply with such provisions before commencing the pe1formance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance , automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work , contractual obligat ions, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker 's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as de tennined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of Califomia. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at , or prepares or delivers materials to , the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period . Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. City o f Cupertino 2016/17 Recon stru ction of Curbs , Gutters and Sid ewalks In surance Forms 005 30 -2 Project No. 2017-001 LIMITS Worker's Compensation & Employers' Liability General Liability -commercial general liability ; including provisions for contractual liability, personal injury, independent contractors and products -completed operations hazard. Automobile Liability -comprehensive covering owned , non-owned and hired automobiles. In accordance with the Worker's Compensation Act of the State of California-Worker's comp "statutory" per CA Law; Employers' Liability $1 ,000,000 per occurrence. Combined single limit of $2.0 million per occurrence; $4.0 million in the aggregate Combined single limit of$1.0 mi llio n per occurrence. (Contractor's Name) By:--+-+t-,/-#~J - Dated:____.8~~ q+-..-__,(__,~16-"-----20 City of Cupertino 2016/17 Reconstruction of Curbs, Gutters and Sidewalks Insurance Forms 00530 -3 Originals : Two DOCill.1ENT 00610 CONSTRUCTION PERFORMANCE BOND Bond Number : CSB0016203 Premium : $16,402 .00 THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated August 9, 2016 , is in the penal sum of One Million Nine Hundred Th irty-Four Thous an d Eight Hundred Eighteen and 00 /100 ($1.934.818.00) . [which is one hundred percent of the Contract Price), and is entered imo by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below . This Bond consists of this page and the Bond Tenns and Conditions, paragraphs I through 12, attached to 1his page. Any singular reference to Spe nco n Cons tru ction In c ("Contractor"), Contractors Bonding and Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other pany shall be considered plural where applicable. CONTRACTOR : SURETY : Sp enco n Construction. Inc. Name Contractors Bondinq and Insuranc e Company N ame P 0 Box 1220 350 Rhode Island Street. Suite 240 Address Principal Place of Business Sa n Francis co CA 94103 Danvill e. CA 94526 City/State /Zip City/State/Zip CONSTRUCTION CONTRACT: 2016/17 RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS PROJECT NUMBER 2017-001 at Cupertino, California DATED ~3 , 20--1§_ in the Amount of$_1_,9_3_4,_8_18_.0_0 _______ (the '"Penal Sum ") SURETY Company : (Corp . Seal) Contractors Bonding and Insurance Company <._ > .......... 'S:?-' Signature : __ -T-11--'-L---1;~-------Signature:~ e===:: ~ Name and Title : a ~ ,,,uu11ae~, •'' s. BOND ,,,,, re-e6 µ:::>~nd T itle : Don na L Welsh, Atto rn ~{'a1er, ... !NG' ;,1,,,,, .. ~ . . -,,,_" 1. 2. -------------+----.:;A' ,• e 0 ' -0 ~ fltr f.....-.. • U.o ·o -:., ~ ~ 0 '7,0 0 ~ ~ BOND TERMS AND CONDITIONS •o• O •(j)-: :u: (\' ?J : c:: :: :-<.,;_S; QI ~ ::o: .co 'rn.,l::.: Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, ad~ini fu'at ~cessort ~ $ and assigns to City for the complete and proper performance of the Constructio ~~J,lilol;acr~~vhic bo '~S)"'il incorporated herein by reference. ~lo1;·• ..... ~8~~ ~ .. ~"' ·~i~ "~ ,,~ '11•auu11••''' If Contractor completely and properly perfonns all of its obligations unde r tile Construction Contract , Surety and Contractor shall have no obl iga tion under 1h is Bond . 3. If there is no Ciry Default , Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Consrruction Comract pursuant to the tenns of the Construction Contract; and 3.2 City has agreed to pay the Balance of the Contract Sum: 3.2.l To Surety in accordance with the terms of this Bond and the Con~1ruction Contract; or 3.2.2 To a cont ractor se le cted to perfom1 the Con stru ct ion Contract in ac cordance with the tenns of this Bond an d the Cons1111c1ion Contract. 4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (wilhin 30 days) and at Surety's expense elecl to take one of lhe following actions : 4.1 Arrange for Conlractor, with tonsent of City, to perform and complete the Construction Contract (but City may wilhhold consent, in which case the Surety must elect an option described in paragraphs 4 .2, 4.3 or 4.4 , below); or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contr11ctor without City's consent; or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor se!ected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equiYalent to the bonds issued on lhe Construction Contract; and, if Surety's obligations defined in paragraph 6 , below, exceed the Balance of the Contract Sum , then Surety shall pay to City the amount of such excess; or 4.4 Waive its right to perfonn and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and , after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City wilh full explanation of the payment's calculation. If City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. H City disputes the amount of Surety's tender under 1his paragraph 4.4 , City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6, below . 5. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at Jaw or under the Construction Contrac t including, without limitation , and by way of example only, rights to perfonn work, pro1ect work, mi1igate damages, advance crit ical work to mitigme schedule delay, or coordinate work with other consultants or contractors. 6 . Sure1y's monetary obligation under this Bond is limited b)' the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate wi1h the obligations of Contrac1or under the Construction Contract. Surety's obligations shall include, but are not limited to : 6.1 The responsibilities of Comrac1or under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Comract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Constructior\ Contract , actual damages caused by non-performance of the Construction Contract including, but not limited to, all valid and proper backcharges , offsets, paymems, indemnities, or other damages; 6.3 Additional legal , design professional and delay costs .resulting from Contrac1or Default or resulting from the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's fees incurred to enforce this Bond). 7. No right of action shall accnre on 1his Bond to any person or entity other than City or its successors or assigns. 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract . No extension of time, change, alteration, modification, deletion, or addition to the Contract Do cuments, or of the work required thereunder , shall release or exonerate Surety on this Bond or in any way affect the obl igations of Surety on this Bond. 9. Any proceeding, legal or equitable, under thi s Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contr act, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the wNk is located. Communications from City to Surety under paragraph 3. l of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherw ise . l 0. All notices to Surety or Contractor shall be mailed or delivered (at the address set forih on the signature page of this Bond), and all notices to City shall be mailed or delivered as pro vided 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 . l I. Any provision in this Bond conflicting with any statutor y or regulatory requirement shall be deemed deleted herefrom and provisions confonn ing to such statutory requ irement shall be deemed incorporated herein . 12 . Definitions . 12. I Balance of the Contract Sum: The total amount payable by City to Co!ltractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for proi,rress payments made, and increases/decreases for appro ved modifications to the Construction Contract . l 2.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto . 12.3 Contractor Default; Material failure of Contractor, which has neither been remedied nor waived, to perfonn or otherwise to comply with the tenns 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 progres s payments due under the Construction Contract or to perfonn other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor tennination of the Construction Contract. END OF DOCUMENT AC KNOWLEDGM ENT A notary public or other officer completing this cert ificate verifies only th e ident it y of the individual who sign ed the document to which this ce rt ificate is attached, a nd not the truthfulness , accuracy , or validity of that d oc um ent. State of California County of MARIN On __ A_u~g~u_s_t_9_,_2_0_1_6 ___ before me , Donna J. F rowd, Notary Public (insert name and ti tl e of the officer) personally appeared ___ D_o_n_n_a_L_. _w_e_l_s_h ___________________ _ who prove d to me on the basis of satisfacto ry eviden ce to be the person(S9 whose name 85 ) i s/~ subsc rib ed to the withi n in strum ent and acknowledged to me that *+e /she/~ executed the same in !lfilS/her/t ~~ authorized capacity(~). and that by llfi:s /her/t K~i:i:: signature (~) on the instrument the person(S9, o r the entity upon behalf of which t he person(~ ac ted , executed the instrument. I ce rti fy und e r PENAL T Y OF PERJURY under the laws of the State of California that the fo regoing parag raph is true and correct. WITNESS my ha nd and official seal. Signature~~Jf ~ (Seal) POWER OF ATTORNEY RLI . c/Jic an RLI Company 9025 N. Lindb ergh Dr. I Peoria , IL 6 1615 Phone: (800)645-2402 I Fax: (309)689-2036 RLI Insurance Company Contractors Bonding and Insurance Company Know All Men by These Presents : That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Donna L. Welsh, Donna J. Frowd, Susan J. McGowan, Michael B. McGowan, Deborah L. Welsh, Magdalena R. Wolfe, jointly or severall in the City of Novato , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds , undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation . The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force , to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 19th day of April , 2016. ,,,11 nna611 ~'''' ~D I NG A1.:11 1,#. .. '+>fib <(,\J .,;Vlf'l'•"•i/{)_ / ~#. ,11111 11111,,11 ~v S t) AN•..., '1 //1~ ~ ''' NC~ 111 ,:; ~ ,,~ ~>'"G uJt.:'"J.i.C ~ >'''.,~~"" "Co'',, "'J:? .. ~' o~ i:i ••••• ;·~-!\ ~ 'f! ,,'' ~ •' ...... ~',,, i c:J .f~~o~~l~G,"."\ ~ \ f ~~···o~POR.q,_··.~_\ :«<:~:2: v ~·._.~'A =i?': v ... ·.~= •f=:"=u• --·-~·1 ~i1 = • -•-· = ~~~~~EfL} !J I ~ :., SEAL} J ~ u "'~i.~~1 .··~1s:; ~ ·.. .·· / } ~ "".. ·... .· ··~o .:---,, /· .... ··~ "" SS ~ .... 1LLfN!lli•. '~ 1>"' ,,,,, l L. IN 0 \ ""' '~~t~~'{,~'r''''''''~, ...... ~ ,,,,,,,,,,,,,,,,,,, ~~um t«t' State of Illinois County of Peoria On this 19th day of Apri l , 2016 before me, a Notary Public, personally appeared Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesa id officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act an d deed of said corporation . 4 .f\2: "OFFICIAL SEA L" ::"'NOTARY if;~~_i 'gF JA CQUEll N E M. BOCKL ER l 1WND'5 COMMISSION EXPIRES 01114118 Notary Public RLI Insurance Company Contractors Bonding and Insurance Company ~~ /l/.Sf!r Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors ~<tfpgig and Insurance Company this -----2.!h day of August Barton W. Davis ranee Company , Vice President 0475315020212 A0059115 Originals : Two DOCUMENT 00620 Project No. 2017-001 Bond Number : CSB0016203 Premium : Included in Performance Bond CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATER1AL PAYMENT BOND ("Bond") is dated August 9 2016 • is in the penal sum One Million Nine Hundred Thirty-Four Thousand Eight Hundred Eighteen and 00/100 ($1 ,934,818.00) [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the O>nstruction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs I through 14, attached to this page. Any singular reference to ("Contractor"), ("Surety"), the City of C'upe11ino, a l'vfunicipal Corporation of the State of California ("City'') or other party shall be considered plural where applicable. CONTRACTOR: Spencon Construction, Inc . Name P.O. Box 1220 Address Danville CA 94526 City/State/Zip CONSTRUCTION CONTRACT: SURETY: Contractors Bondining and Insurance Company Name 350 Rhode Island Street. Suite 240 Principal Place of Business San Francisco CA 94103 City/State/Zip 2016/17 RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS- PROJECT NUMBER 2017-001 at Cupertino, California . DATED ~3 , 20J_§_ in the Amount of$__,_.1,""'93""'"4..,,.8""'1""8.""00"--________ (the "Penni Sum") SURETY Company: Company : (Corp. Seal) Contractors Bonding and Insurance Company Name and Title : ~,~, RS B 0 D "#11, Donna L. Welsh4~W,1 tio li ac . 1-1'~ .. ,~ ~ ~ • a -Y ~ I. 2. I~.·· c o,9 •• ~\ ~ c: .-00 • • .-~ :u.&' "" .'1!-.. • • .>" •U>U1 • • »A @ ,,. • c:::: BOND TER!\IS AND CONDITIONS : ~ v~ ' rri : ~ = Contractor and Surety, jointly and severally, bind themselves, their heirs, executo; ~·Hij nis rg,l'b rs, sur;/,~ss Js and assigns to City and to Claiman1s, to pay for labor, materials and equipmeni~f.(!.8)'1 sh~d--f~~·u~~<j ~"1'h e perfonnance of the Construction Contract, which is incorporated herein by reference. ~.,_,/S ··At-.f-iO~ ~ ........ ~,, ,, .. o,.,,111 11~'' With respect to City, this obligation shall be null and void if Contractor: 2. l Promptly makes payment, directly or indirectly, for all sums due Claimants; and 2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set fonh on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Comractor and Surety, a11d pro\'ided there is no City Default. City of Cupertino Construction Labor and Material Payment Bond 2016/17 Reconstruction of Curbs, Gu!!ers and Sidewalks 00620 -I Project No. 2017-001 3. With respect to Claimants, this obligation shall be null and void if Comractor 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 318 I of the Cali fomia Civil Code, or amounts due under the Unemployment Insurance Code with respect 10 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 Constrnction Contract shall be applied tirst 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 ofa11y 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 lo Claimants under this Bond . 8. Surety hereby waives notice of any change, including changes of time, to the Constructio11 Contract or to related subcontracts, purcha~e orders and other obligations. Surety further hereby stipulates and agrees that no change, extens ion of time , alteration or addition to the terms of the Construction Contract, or to the Work to be performed thereunder, or materials or equipmet1t to be furnished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it docs 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. JO. All notices to Surety or Contractor shall be mai led or delivered (at the address set forth on the signature page of this Bond), and all notices 10 City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety , City or Contractor, howe1 ·er 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 I imited to , Civil Code §§3247, 3248, et seq . Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such staluto.ry or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and 1101 as a common law bond . 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bcmd, Contractor shall promptly furnish a copy of this Bond or shall pennit 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 lo or more than the stipulated rates contained in a schedule that has been a~certained and determined by the Director of the State Department of Industrial Relations and City to be the City of Cupertino Constrnction Labor and Material Payment Bond 2016/17 Reconstruction of Curbs , Gutters and Sidewalks 00620 - 2 Project No . 2017-00 I general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. 14. Definitions . 14 . l Claimant : An individual or entity having a direct contract \\.ith Contractor or with a Subcontractor of Contractor lo 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 lo include without li111ita1io11 in the terms "labor, ma .terials or equipment" that part of water. gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in rhe 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 lo in Civil Code §3248(b). 14.2 Construction Contract: The conrract 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 tennination of the Construction Contract. END OF DOCUMENT City of Cupertino Con~1ruction Labor and Material Payment Bond 2016117 Reconstruction of Curbs, Gutters and Sidewalks 00620 -3 ACKNOWLEDG M ENT A notary public or other officer completing t his certificate v erifies only the identity of the individual who s ig ned the document to which this certificate is att ached, and not the truthfulness , accuracy, or validity of that document. State of California County of MARIN On __ A_u_g=--u_s_t_9_,_2_0_1_6 ___ before me, Donna J . Frowd, Notary Public (insert name and title of the officer) personall y appea red ___ D_o_n_n_a _L_. _1_.J e_l_s_h ___________________ _ who proved to me on the basis of satisfactory evide nce to be the person(§) whose name0-S) is/~ subscribed to the w ithin instrument and acknowledged to me that~/she/~ executed the same in llH~/her/t N:€):~ authorized capacity(~). and that by llH~/he r/tN:€):~ signature(~) on t he inst r ument the person(~. or the ent ity up o n beha lf of wh ich the person(~ acted, executed the instrument. I certify unde r PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han d and official seal. Signature g~ ( (Seal} POWER OF ATTORNEY 'RLI . c/Jic an RLI Company 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2402 I Fax: (309)689-2036 RLI Insurance Company Contractors Bonding and Insurance Company Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make , constitute and appoint: Donna L. Welsh, Donna J. Frowd, Susan J. McGowan, Michael B. McGowan, Deborah L. Welsh, Magdalena R. Wolfe, jointly or several! in the City of Novato , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 19th day of April, 2016. State of Illinois County of Peoria l)\fiOUlifllt~ ,,,,~ o~PIN~:itf'""' ~~~(\.s <o .~,~~~,~ .... ~1>J;,_...., ~ <J'' ....... ~ •• •• M.:~ $ti .··/~ii:,ov.POR:,0,. ~~ :: ~ • ~ ~':' q_,.o -~ ~, : fE: ~ ~;... ~ ..;"?---T :[;ii • z • .~ o~ll'L $>.la ~ '3 ~ ...;~~. .! 11: }\s .... vt:r,· ·;\~:: ~ i '#: •• ,,,,,~w ... ,~~o: I "~1.··· •'"""'"'"'-' ~#. <1.. ..... )-..'' ~ .. '"1,,,:No 1s ,,,,, .. . "''•u un•• On this 19th day of 11 r1.1ml , 2016 before me, a Notary Public , personally appeared Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation . Jacqu Notary Public RLI Insurance Company Contractors Bonding and Insurance Company ~ ,4 /(/. 5!!r= Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations , do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore , that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 9th day of August , 2016 . Barton W . Davis ranee Company , Vice President 047531 5020212 A0059115 SPENC-4 OP ID: TC ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 08/09/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HO L DER . THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERllFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~w;~cT Dan Brock Sierra Oak Insurance Services wg~o. Extl : 916-364-7380 I rfl~ Nol 916-364-7381 Lie# OC97528 9700 Business Park Dr. Ste 105 E-MAIL ADDRESS: Sacramento, CA 95827 Daniel E. Brock INSURER(S) AFFORDING COVERAGE NAIC # 1NsuRER A: Associated Industries Ins Co 23140 INSURED Spencon Construction, Inc. INSURER B: Cypress Insurance Company 10855 P .O. Box 1220 INSURER C ,American Fire and Casualty Co . 24066 Danville, CA 94526 Great American Insurance Co. 16691 INSURERD : INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI OD INDICATED. NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE :AULlCTSOt>H rM'M~5MlfY1 r~~f65ivWvi LIMITS LTR INSn ""'" POLICY NUMBER A x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE 0 occuR UAMAGE TO RENT Eu x AES102061604 03/28/2016 03/28/2017 PR EMISES !Ea occurrence) $ 100,000 MED EXP (Any one ~·&rson) $ excluded ~ PERSONAL & .ADV INJURY $ 1,000,000 -GEN °L AGGREGATE LIM IT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 R ')('PRO-Ococ ·-----------·····------ POLICY L JECT PRODUCTS -COMPi OP AGG $ 2,000,000 OTHER : $ AUTOMOBILE LIABILITY COMBI NED SINGLE LIMI T $ 1,000,000 'Ea acc1der:O -c P.N°f AUTO x BAA56631622 07/17/2016 07/17/2017 80DIL Y INJURY (Pe r person) $ -ALL OWNED )( SCHEDULED 30DIL y INJURY (Per accid&1t) $ -AUTOS _AUTOS x X NON-OWNED PROPERTY DAMAG E $ H:RED AUTOS ··-AUTOS .l!:'_f:!r ac£~entL ____ ·--·---··----··---···-···---·--··--- $ UMBRELLA LIAS f x ·I OCCUR EACH OCCURRENCE $ 4,000,000 - D x EXCESS LIAB CL.AIMS -MADE XS4959126 03/28/2016 03/28/2017 AGGREGAT E $ ,4,000,000 DED I I RETENTION$ GL/CA-5 $ WORKERS COMPENSATION x I Pt:>< I I O:H AND EMPLOYERS• LIABILITY STATUTE ER Y/N B ANY PROPRIETORIPARTNERIEXECU 7 1VE D NIA x SPWC711495 06/01/2016 06/01 12 017 E.L. EA CH ACCIDENT $ 1,000,000 OF FIC ERiMEM8ER EXCLUDED? -- (Mandatory in NH) E.L. Di SE.ASE -EA EMPLOY EE $ 1,000,000 If ves. descri be unde: E.L. D!SEASE -POLICY UMff $ 1,000,000 DESCRIPTION OF OPERATIONS bolow DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: 2016/2017 RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS. Ci~ of Cupertino is named additional insured in re~ards to General Lia ility and Auto. General Aggregate endorsemen a~plies to General Liability. Primary and Non-Contributory applies. Blan et Waiver of Subrogation applies to Work Comp CERTIFICATE HOLDER CANCELLATION CITYCUP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVEREO IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Ave Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE ~~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are reg istered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- t ional insured on your policy . Such person or or- ganization is an additiona l insured only with re- spect to liability for "bodily injury", "property damage" or "persona l 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 you r beha lf ; in the performance of your ongoing operations for the additional insured . A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds , the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render , any professional architectural, engineering or surveying servic- es , including: a . The preparing , approving , or fa il ing to pre- pare or approve , maps , shop drawings , opi- nions , reports , surveys, field orders , change orders or drawings and specifications ; or b . Supervisory , inspect ion , arch itectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work , includ ing mater ials , parts or equipment furnished in connection with such work , on the project (other than ser- vice , maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. 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 subcontrac - tor engaged in performing operations for a principa l as a part of the same project. CG 20 33 07 04 ©ISO Properties, Inc ., 2004 Page 1of1 D POLICY NUMBER : AES1020616 03 COMMERC IAL GENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Name Of Additional Insured Person(s) Or Ori:ianization(s): Location And Description Of Completed Operations All persons or organizations where written contract with the Named Insured requires additional insured completed operations. This form does not apply to your work on "residential property" Information requ ired to complete th is Schedule , it not shown above , will be shown i n the Dec larations . Section II -Who Is An insured is amended to include as an addit iona l insured the person (s) o r organ ization(s ) shown in the Schedule, but on ly with respect to liab ili ty for "bodily injury" or "property dam - age" caused , in who le or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi - tional insured and included in the "products- completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1of1 Cl POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above , will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make tor injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above . CG 24 04 05 09 ©Insurance Services Office , Inc., 2008 Page 1 of 1 Cl POLICY NUMBER: AES1020616 03 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a spec1f1cally named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work .) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following : 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance , or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office , Inc., with its permission POLICY NUMBER: AES1020616 03 COMMERCIAL GENERAL LIABILITY NX GL 093 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT -AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Subject to an Overall Policy Aggregate Limit: $ 5,000,000 (Information required to complete this Schedule, if not shown above, wil l be shown in Declarations .) A . Parag r aphs 2. and 3. of SECTION Ill -LIMITS OF INSURANCE are replaced by the following: 2 . The Overall Policy Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bod i ly injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" to each of your projects away from premises owned by or rented to you . B. The following is added to SECTION Ill -LIMITS OF INSURANCE: 8. Subject to Paragraph 2. and 3. above , the General Aggregate Limit is the most we will pay under for the sum Coverage A, Coverage B, or Coverage C to each of your projects away from premises owned by or rented to you. NX GL 093 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office , Inc ., with its permission COMMERCIAL AUTO CA 8810 0113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR -WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee h i red auto and loss.of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN I LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II· LIABILITY COVERAGE is amended as follows: 1. BROADFORMINSURED SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not inc l ude any organization that : (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation . However, coverage under this provision does not apply : (1) If there is similar insurance or a self-insured retention plan available to that organization; © 2013 Liberty Mutual Insurance CA 8810 01 13 Includes copy ri ghted material of Insurance Services Office, Inc., w ith its perm ission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization . 2. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee " of yours while using a covered "auto" you do not own, hire or borrow, but on ly for acts within the scope of their employment by you . Insurance provided by this endorse- ment Is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re - lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II· LIAB ILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured : h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "acc ident" which takes p lace after you executed the written contract or agreement, or the perm it has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SEC TION II -LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para - graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (i ncluding bonds for related traffic 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 earn- i ngs up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or sim i lar protection, the following provision is added: SECTION If -LIABILITY, exclusion 8.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION Ill· PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION Ill • PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or © 2013 Liberty Mutual Insurance CA 8810 0113 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 2 of7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. o. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less . c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE· ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 © 2013 liberty Mutual Insurance CA 8810 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission . Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto " because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repa i r or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days . c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental re i mbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provisi on 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you . The maximum amount we will pay i s $1 ,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we w i ll pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance . B. SECTION V-DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured ." "Personal effects" does not include tools, equipment, jewe l ry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION 111 -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this pol icy, the exclus i on for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer 's warranty. However, we agree to pay any deductible applicable to the othe r cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d . is deleted and replaced with the follow i ng: © 2013 Liberty Mutua l Insu rance CA 8810 01 13 Includes copyrighted material of Insu rance Services Office, Inc., with its pe rmi ss ion . Pa ge 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN I LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION Ill · PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. 8. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V -DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. © 2013 Liberty Mutual insurance CA 88 10 0113 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 5 of 7 15. GLASS REPAIR· WAIVER OF DEDUCTIBLE Paragraph 0. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph 0. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV -BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV · BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. © 2013 Liberty Mutual Insurance CA 8810 0113 Includes copyrighted material of Insurance Services Office, Inc., with its permission . Page 6 of 7 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "Insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV • BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV· BUSINESS AUTO CONDITIONS, paragraph 8.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V -DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V -DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. -CANCELLATION condition applies except as fol - lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion . CA 88 10 0113 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04108 (Ed . 9-14) ""---------··--------"-----··-·"" _____ " ____ " WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We h ove the riyht tu reGuver uur fJa yment::; frum anyone li21l>le fur an injury t.:uvertid by this fJUlit:y. We will nut enfurGe our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perfo rm work under a written contract that requires you to obtain th i s agreement from us .) The additional premium for this endorsement shall be 2% of the total manual premium othe rwis e due on such remuneration. T11e minimum premium for this endorsement is $350. This agreement shall not operate d irectly or in directly to benefit anyone not named in the Schedule . BLANKET WAIVER Person/Organization Job Description All CA Operations SCHEDULE Blanket Waiver -Any person or organization for whom t he Named Insured has agreed by written contract t o fu rnish this waiver. Waiver Premium 2887.00 This endorsement changes the policy to which it is attach ed and is effective on the date issued unless otherwise stated . (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/01/2016 In sured Insuran ce Company Cypress Insurance Company WC 99 04109 (Ed . 9-14) Policy No . SPWC711495 Endorsement No . Premium$ Countersigned by---------------- CITY OF • Proje't No. 2017-001 CUPERTINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named bdow and are in force al this rime. Insured: Spencon Construction, Inc. Address: P.O. Box 1220 Danvllle, CA 94626 Description of operationsflocations/producls insured (show contract name and/or number, if any): 2016/2017 RECONSTRUC"rlON OF CURSS, GUTTERS, ANDS1DEWALl<S WORKER'S COMPENSATION Crpress Insurance Comll!r'Y (name of insurer) * Statutory Min. *Employer's Liability $ 1,000,000 $ 1,000,0DO $ 1,!)00,000 Insurance Company's State License No. ____ 1_08_5~6 ______________ _ Check Policy Type: COMPREHENSIVE GENER.AL LIABILITY [ x] Premises/Operations [ ] Owners & Contractors Protective [ ] Contractual for Specific Contract $-----~~- [ ] Products Liability [ ) XCU Hazards Each Occurrence General Aggregate (if applicable) Aggregate Persona 1 lnjury $ 1,000,000 $ 2,000,000 $ 2 ,00ll,000 $1,0l!0,000 [ ] Broad Form P.D. Fire Damage (any one fire) $ --------[ ] Severability of Interest Clause [ ] Personal Injury with Medical Expense $_e_x_c1_ua_e_d ___ _ Employee Exclusion Removed (any one person) or Self-Jnsured COMMERCIAL GENERAL LIABILITY Retention $ Aae.oeratod lndustrles Ins Co (name ofinsllrer} Policy No. AES10206160' City of Cupertino 2016/17 Reconstruction of Curbs, Gnners and Sidewalks -------- Expirntiou Date ro12s12a11 Insurance Fonn.s 00530 -4 AUTOMOTIVENEHICLE L!ABlLITY Commercial Form Liability Coverage Amorlc:an Flro and Casualty Co. (name of insurer) BODJL Y INJURY Each Person $ _____ _ Each Accident Project No . 2017·00! PROPERTY DAMAGE E~ch·Accident $ or Combined Single Limit $_1 •0_0_0 .o_o_o_~-- Policy No. BAA56&31&22 Expiration Date 0111112011 BUILDER'S RISK"ALL RISK" This is to certify that the following policy has been i:Ssued by the Below-stated company in conformance with the requirements of the project documents and is in force at this time. NIA (Name of insurer) Policy N9 .. _ .. -----~--Expiration Date ______ _ Limits of Liability: Deouctible: --------- = A copy of aJJ Endorsements to the policy(ies) which in any way (agenes initial) limit the above-listed types of coverage are attached to this Certificate oflnsurnnce. This Certificate of Insurance is not an insurance policy and does not amena, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, tenn, or condition ohny contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, :the insurance afforded by the policies described herein is S\lbject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above policy(ies) ,provide liability insurance as required by the Agreement between the City and the insured. Dated: __________ .20 __ Attach Certificate of Jnsurance and Additional Insured Endorsement on company forms. City of Cupertino 2016/17 Rcconsiruction of Curbs. Guners and Sidewalks lnsurancc Ft1rms OOS30 • S CITY Of g CUPERTINO ADDITIONAL INSURED ENDORSEMENT and ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project No. 2017-0[)J Project Title and Number: 2111612017 RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS In consideration ofthe policy premium and noLwithstunding 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 pem1its 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 Contrai;:tor at or upon any of the premises of the City in connectior1 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 sai.d operations. The insurance afforded by this policy is primary insurance, and no aqditional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. Cancellation N.otice. 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, retum receipt requested, has been given to the City of Cupertino ("City'')-Such notice shall be addressed to the City as indicated below. POLICYINFORMATION ) . Insurance Company: ___ As_s_o_c1_at_ed_1_nd_u_$U_le_s _1n_s _co _______________ _ 2. Insurance Policy Number: __ A_E_s1_0_2o_s_1s_o_4 _______________ _ 3. Effective Date of this Endorsement: August9 20 16 ___ ...;;..,_ _______ ~------ 4. Insured: Spencon Construetran, Inc. 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 10300 Torre Avenue; Cupertino, California 95014. I, _o_an_1a_1_a_ro_c_k ______________________ (print/type name) City of Cupertii10 2016/17 Reconstruciio11 of Curbs, Gutters and Sidewalks Insurance Forms 00530-6 Proj ect No .20\7·00 1 warrant that ] have authority to bi nd the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative:~~ (6riginal signature required on all Endorsements furnished to the District) Names of Agent/ Agency: Slotta Oak lnsuran~ Servlc&a, Inc. Address : 970!l Business Park Drive Suits 105 Sacramento, CA 95827 City of Cupertiiio 2016/11 :Recons1ru ctio n ofCutbs, Gu tters and Si dewo.lk s Telephone: 916 364 7380 .-------- Facsimile: 916 364 7381 -------- lP.s urance .Forms 00530-7 CITY OF a CUPERTINO COMPREHENSIVE GENERAL LIABILITY commRCIAL GEl\'ERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROJECT Project No. 2017-00 I Project Title and Number: 2016/2017 RECONSTRUCTION OF CURBS, GU TIERS, ANO SIDEWALKS. ln consideration oflhe policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided 1tnder the General Liability Coverage part of the below-referenced policy of insurance. The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as POLICY INFORMATION 1. Insurance Company: Assoelatad lndustlles Ins Co 2. Insurance Policy Number.~_A_ES_1_112_o_G1_s_o4_~--------------- 3. Effective Date oftllis Endorscment:. _____ A_u .... ou_s_u ___________ 20~ 4. Insured: Spencon Constructlon, Inc. 5. Additional Insured : .City of Cupertino, its directors, officers, agents and employees. All ' notices herein provided to be given by the InsurMce 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 950!4. r. ~l..V... ~~ (print/type name) warrant that l.haYe authority to bind the below listed ·lnsurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representntiv~-<>--~~ (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Sierra Oak Insurance Services, Inc Address; 9700 Buelnen Park Ddve Suite 10& Sacramento, CA 85827 City ofCupeJ1ino 2016/17 Reconstruction ofCucbs, Guncrs and Sidewalks Title: owner Telephone:~~ _n_ao __ Facsimile: _91~6-_as_, __ 1a_s_1 __ Insurance Fanns 00530. 8 Cl'TYOF Project No , 2017-001 a WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE CUPERT1NO Project Title and Number; 201612017 RECONSTRUCTION OF CURBS, GUTTERS, ANO SJDEWALKS fn consideration of the policy premium a11d notwit11standing nny inconsistent statement in the policy to which this Endotsement is attached or any other Endorsement attached thereto, it is iigreed as follows: It .is agreed that with respect to sue!~ 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 perfonnance of the above-referenced Contract. POLICY INFORMATION I. Insurance Company: __ c-'y"'"p_ras_s_ln_s_ura_nc_e_c_o_m..;..p_any-'---------------- 2. Insurance PolicyNumber: ___ s_P_w_c_1_11_49_5 _________________ _ 3. Effective Date of this Endorsement,__: __ A_u_g_us_t_a _____________ 201s 4. Insured: Spancon Construction, Inc. 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_ J, yVV'-t.e.A. ~~ (printitype 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: ~-.,....\. ~ (Original signature required 1on all Endorsements fumished to the District) ~ Names of AgentiAgency: __ s_ie_rr_n_o_ak_l_n_su_ra_n_c_e ______ _ Address: 9700 Business Park Drive suite 105 Sacramento, CA 95827 City ofCuper1ino ·2016/l 7 Reconstrnction of Curbs. Gullers and Sidewalks Title;_. ____ o_w_oo_r ____ _ Telephone: 916-364-7380~--- Facsimile: ...9.16:.3f'.i1:13B._ __ Insurance Forms 00530 9 9 \ Project No. 2017-001 DOCUMENT 00630 GUARANTY TO TIIE CITY OF CUPERTINO. a Municipal CorporatiOn of the State of California ("City"). for coiistruction of 2016117 RECONSTRUCTION OF CURBS, GUITERS AND SIDEWALKS CUPERTINO, CALfFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment inc-0rporatcd the.rein. Contractor nc:rcby granls to City for a period of one year following the date of Final Aceeplance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of !he Work including, without lirriitation, all labor, materials and equipment provickd by Contractor nnd its Subcontractors of all tiers In connection with the Work. Neither final payment nor use or ~upancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Gueranty or relieve Contractor of liability in respect to any express warranties or n:~poosibilitics .for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any dalllllgc resulting therefrom, which shall appellr within one year, or longer if specified, from the date of Final Acceptance. If wichin ~ne year after the date of Final Acceptance, or such longer period of time as may be prescnbed · by Jaws or regulations, ,or by lhe terms of Coi:itracl Documents, any Work is found to be defective, Contractor shall promptly, without eos1 lO City nnd in accordance with City's written instructions. correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace .any damage to other Work or the work of others res\iltiitg therefrom. If Contractor fails fo promptly comply with the lerms of such instructions, or in an emergency where delay would cause serious .risk oflcss or damage, City may have the defective Work cori:cctcd or tllc rejected Work removed and replace<i Contractor shall pay for all claims, costs, Iosses and damages caused by or resulting from such removal and replncemc:nl. Where Contractor fails to ccrrect defective W~~k. or defects arc discovered outside the correction period, City .shall have n.11 rights and remedies granted by law. lnspeeticn <Jfthe Work shall not relieve Contractor of any ofits obligations under the Contract Documents. Even though equipment, matcricts, or Work tcquired to be provided under the Contract Documenfg have been inspected, accepted, and estimated for payment, C<intractor shall, tit its · own expense, replace .or repair any such equipment, material, or Work found to be defective or otherw~SC 'n<>t 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 (his Agreement shall have the meanings s<:t. forth in the Contract Documents, including, without means oflimilalion, Section 00700 (Genelll1 Conditions). The foregoing Guara1uy ls in addition to 1111y other warranties of Contrnctor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Docum<:nts and at law with respect to Contractor's duties, obtigations, und p=rfomiance under the Contract Doc:utnents. In !he event of any conflict or inconsistency between the tenns of this Guaranty :ind any warranty or obligation of the Contractor under the Contract Documents or al law, such inconsistency or conflict . shall be resolved in favor of lhc higher level of obligation of the Contractor. S1Ntncon Construction, Inc, Contractor's Name P.O. Box 1220 Address Danvlllo, CA 94628 City/State/Zip CicyofCupertino R-9-16 Date END OF DOCUMENT 00630-t 2()16117 Reconstruction of Curbs, Gutters and Sidewalks Gunr.mty