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16-158 G Bortolotto & Company, Inc., 2016 Minor Asphalt Improvements, Project No. 2017-103
RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27283 23735593 Regina Alcomendras Santa Clara County -Clerk-Recorder 08/23/2017 12:41 PM Till es: 1 Fees: 10.00 Taxes: 0 Total : 0 .00 Pages: 3 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION CITY PROJECT NAME: 2016 Minor Asphalt Improvements City Project No. 2017-103 J! Original D For Fast Endorsement "NO FEE" City of Cupertino NOTICE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion dated August 23, 2017 for CITY PROJECT NAME: 2016 Minor Asphalt Improvements -City Project No. 2017-103 and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on August 23, 2017 and the grantee consents to recordation thereof by its duly authorized officer . I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: August 23, 2017 By: ~J,~ allren sa~udar Senior Office Assistant CUPERTINO Recording Requested By : When Recorded Mail To: C ity of Cupertino 10300 Torre Ave. Cupertino , CA 95014 SPACE ABOVE THIS LINE IS FOR RECORDER 'S USE NOTICE OF COMPLETION Civ il Code§§ 8182 , 8184, 9204 , and 9208 NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is the agent of the owner of the project described below. 2. Owner's full name is : City of Cupertino , California . 3. Owner's address is : City Hall , 10300 Torre Ave ., Cupertino , CA 95014 . 4 . The nature of owner 's interest in the project is : __ Fee Ownership Lessee _X_ Other : Right of Way 5. Construction work on the project performed on the owner 's behalf is generally described as follows : City Project Name: 2016 Minor Asphalt Improvements City Project No .: 2017-103 6. The name of the orig inal contractor for the project is : G . Bartolotto & Company Inc . 7. The project was completed on: May 18 , 2017 . 8. The project is located at: Various streets thro ughout city Ver ification : In sign ing this document, I, the undersigned , declare under penalty of perjury u nder the laws of the State of California that I have read this notice , and I k now and understand the contents of this notice , and that the facts stated in this notice ar~:e d correct. ,g )i 1 frt ; Santa Clara Cou nty · ----==--__:_~::__ _______ _ Date and Place Signat Timm Borden Director of Public Works and City Engineer Po U)t~--?~ Pr oject 2017-103 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND G BORTOLOTTO & COMPANY Inc. FOR 2016 MINOR ASPHALT IMPROVEMENTS THIS AGREEMENT, for reference dated ():;\-!4 , 2016, is by and between CITY OF CUPERTINO , a municipal corporation (hereinafter refe1Ted to as "City"), and G Bortolotto & Company, Inc, a California corporation whose address is 582 Bragato Rd, San Carlos , CA 94070hereinafter called the Contractor, and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupe1tino Municipal Code. B. City and Contractor desire to enter into an agreement for minor asphalt improvements in accordance with the Special Provisions and Technical Specifications (Exhibit A) dated August 18, 2016. NOW, THEREFORE, it is mutually agreed by and between the undersigned patties as follows: 1. TERM: The Contractor shall begin work within ten (10) working days after receiving notice from the Engineer to commence the work, and shall diligently prosecute the work to completion before the expiration of twenty (20) consecutive working days from the date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with Special Conditions and Technical Specifications (Exhibit A) dated AUGUST 16, 2016 hereby refe1Ted to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services perfo1med pursuant to this Agreement in the amount and manner set fo1th in Contractor's proposal, which is attached hereto as Exhibit "B" and incorporated herein by this reference . Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City, to be taken 20 1 6 Minor Asphalt Repairs 1 Project 2017 -103 from the general fund. Payment will be made by the City in the following manner: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month. Payment shall be made for 95% of the value of the work. The City sha ll retain 5% of the value of the work as partial security for the completion of the work by Contractor. Retained amounts shall be paid to Contractor within thirty five (35) days of acceptance by the City of the project. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds. 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance of this Agreement. It is agreed by the parties to the Agreement that in case all the work called for under the Agreement is not completed before or upon the expiration of the time limit as set forth in paragraph I above, damage will be sustained by the City, and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that the Contractor will pay to the City the sum of One Hundred Dollars ($100) per day for each and every day's delay beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as herein provided , and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. It is further agreed that in case the work called for under the Agreement is not finished and completed in all parts and requirements within the time specified , the City shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the Agreement, it shall further have the right to charge the Contractor, his or her heirs , assigns, or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual costs and overhead expenses which are directly chargeable to the Agreement, and which accrue during the period of such extensions. The Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by an act of God or of the public enemy, acts of the City, fire , flood , epidemic, quarantine restriction, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided that the Contractor shall, with in one (I) day from the beginning of such delay, notify the City in writing of the causes of delay. The City shall ascertain the facts and the extent of the delay , and its findings of the facts thereon shall be final and conclusive . 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all serv ices shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 2016 Minor Asphalt Repairs 2 P r o ject 20 17-1 03 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship benveen them created by this Agreement is that of independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rnle or regulation and the express te1ms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees , including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents . Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes n01mally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items , if required, are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA}: Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees perfo1ming work hereunder, pursuant to all applicable IRCA or other federal, or state rnles and regulations . Contractor shall indemnify and hold City hmmless from and against any loss , damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed, color, national origin, ancestry, handicap , disability, marital status , pregnancy, sex, age, or sexual orientation will not be tolerated . Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall , to the fullest extent allowed by law, indemnify, defend, and hold hannless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims , stop notices , actions, causes of action or demands whatsoev er from and against any of them, including any injury to or death of any person or damage to prope11y or other liability of any nature, arising out of, pe11aining to , or related to the perfom1ance of this Agreement by Contractor or Contractor 's emplo yees , officers , officials , agents or independent contractors . Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys ' fees of counsel of City 's choice, expe11 fees and all other costs and fees of litigation. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set fo11h here in these sections from each and every subcontractor or any'other person or entity involved by, for, with, or on behalf of Contractor in the perfo1mance of this agreement. If 2016 Mino r Asphalt Repa irs 3 Project 2017 -1 03 Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 1 OA, B , C and D. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail , "Attention: Assistant Director of Public Works." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Contractor shall maintain the following insurance coverage: B. (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: (3) Commercial general liability coverage in the following minimum limits: Bodily Injury: $1 ,000,000 each occurrence $2 ,000 ,000 aggregate -all other Property Damage: $500,000 each occurrence $1 ,000 ,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $2 ,000 ,000 will be considered equivalent to the required minimum limits shown above. Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City 20 16 Minor Asphalt Repairs 4 P r oject 20 1 7 -1 03 with respect to the services of Contractor herein , a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D . ADDITIONAL INSURED: City, its City Council , boards and commissions, officers, employees , and volunteers shall be named as an additional insured under all insurance coverages, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium , deductible portion of any loss , or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward an y loss or ex pense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE; The insurance limits required by City are not represented as being sufficient to protect C ontractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: Contractor shall furnish th e followin g bond s from a bonding c ompany ac ce pta bl e to th e City Attorney: A. Faithful Performance: A bond in the amount of I 00% of the total contract price guaranteeing the faithful performance of this contract, and B. Labor and Materials: A bond for labor and materials in the amount of I 00% of the total contract price. 12. PROHIBITION AGAINST TRANSFERS : Contractor shall not assign , sublease, hypothecate, or transfer this Agreement, or any interest therein , directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void , and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer . However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or s y ndicate member or cote nant, if Contractor is a partnership or joint venture or syndicate or cotenancy, 20 1 6 Min o r As p hal t Rep ai rs 5 P r o je ct 2017 -1 03 which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 13 . SUBCONTRACTORAPPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed in Contractor's proposal shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition , any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses , including a City Business License, that may be required in connection with the performance of services hereunder. 15 . REPORTS: Each and every report, draft, work product, map , record and other document reproduced , prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. No report, information nor other data given to or prepared or assembled b y Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Contractor shall , at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. RECORDS: Contractor shall maintain complete and accurate records with respect to sales, costs , expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible . Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make 20 1 6 Min o r Aspha l t Repairs 6 Pr oject 2017 -103 transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records , together with supporting documents , shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail , postage prepaid , registered or certified , addressed as hereinafter provided. All notices, demands, requests , or approvals from Contractor to City shall be addressed to City at: City of Cupertino 10555 Mary Avenue Cupertino CA 95014 Attention: Roger Lee, Assistant Director of Public Works All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: 1 _ • b . &'I~ II\) '.\tt) ~ Lo ~C-, I 18. REQUIREMENT TO PAY PREVAILING WAGES Consistent with the City 's policy to pay prevailing wage rates , Contractor shall comply with the City's L abor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. The City shall require payment of the general rate of per diem wages or the general rate of per diem wages for holiday and overtime work. Contractor will submit (monthly or biweekly) certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Contractor. 19. SAFETY REQUIREMENT All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA . City reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or harmful acts or conditions are observed or reported relative to the performance of the work under 20 1 6 Min o r Asph a lt Re pair s 7 Pr o j ec t 20 1 7 -103 this Agreement. Contractor shall maintain the work sites free of hazards to persons and /or property resulting from his or her operations. Any hazardous condition noted by Contractor, which is not a result of his or her operations, shall immediately be reported to City. Care must be taken to the traveling public and pedestrians at all times. The Manual on Uniform Traffic Control Devices (MUTCD) is to be applied at all times. 20. HOURS OF OPERATION Contractor shall be allowed to operate only for the hours of 8 a.m . to 5 p.m. unless prior written approval has been secured from City to do otherwise. 21. NONDISCRIMINATION Contractor certifies and agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion , national origin , ancestry, sex, age , or condition or physical or mental handicap (as defined in 41 C.F.R. Section 60-741 , et. seq.), in accordance with requirement of state or federal law. Contractor shall take affirmative action to ensure that qualified applicants are employed and that employees are treated during employment without regard to race , color, religion , national origin , ancestry, sex, age, or condition of physical or mental handicap in accordance with requirements of state and federal law. Such shall include, but not be limited to , the following: A. Emplo ym ent upgrading , demot ion , transfer, recruitment or re c ruitm e nt adv ertising, layoff or termination , rates of pay or other forms of compensation. B. Selection for training, including interns and apprentices . Contractor agrees to post in conspicuous places in each of Contractor's facilities providing services hereunder, available and open to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause . Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry , sex, age, or condition of physical or mental handicap, in accordance with requirements of state and federal law . Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' representative of Contractor's commitments under this paragraph. Contractor certifies and agrees that it will deal with its subcontractors, proposalders, or vendors without regard to race , color, religion , national origin, ancestry, sex, age , or condition of physical or mental handicap , in accordance w ith requirement of state and federal law. In accordance with applicable state and federal law , Contractor shall allow duly authorized county, state and federal representatives access to its employment records during regular business hours in order to verify compliance with the anti-discrimination provisions of this paragraph. Contractor shall provide such other information and records as such representatives may require in order to verify compliance with the anti-discrimination provisions 2 0 1 6 Mi n o r Asphalt Repairs 8 P r o j ect 2017 -103 of this paragraph. If the City finds that any of the provisions of this paragraph have been violated , the same shall constitute a material breach of Agreement upon which City may determine to cancel , terminate, or suspend this Agreement. City reserves the right to determine independently that the anti-discrimination provisions of this Agreement have been violated . In addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that Contractor has violated state and federal anti- discrimination laws shall constitute a finding by City that Contractor has violated the anti- discrimination provisions of Agreement. The parties agree that in the event Contractor violates any of the anti-discrimination provisions of this paragraph, City shall be entitled, at its option, to the sum of $500 .00 pursuant to California Civil Code Section 1671 as liquidated damages in lieu of canceling, terminating, or suspending this Agreement. Contractor hereby agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), all requirements imposed by the applicable regulations ( 45 C.F.R.), and all guidelines and interpretations issued pursuant thereto , to the end that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in , be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of Contractor receiving Federal Financial Assistance. In addition, Contractor shall comply with the Uniform Federal Accessibility Standards, and Contractor, Engineer, or Architect responsible for any design, construction or alteration shall certify compliance with those Standards. Contractor's attention is directed to laws , including but not limited to : A. CIVIL RIGHTS/EQUAL OPPORTUNITY (1) Civil Rights Act of 1964. Under Title VII of the Civil Rights Act of 1964 , no person shall, on the grounds of race, sex, religion, color, or national origin , be excluded from participation in , be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (2) Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall, on the grounds of race , color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Section 109 of the Act further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C . 6101 et seq .) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the Act. B. PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES This Agreement is subject to laws and regulations concerning the rights of otherwise qualified individuals with handicaps for equal participation in , and benefit from federally assisted programs and activities, including but not limited to: 2016 Minor Asphalt Repairs 9 Project 2017 -1 03 (1) Americans with Disabilities Act of 1990 (ADA) (28 C.F.R. 35). Title II, Subpart A of the Americans with Disabilities Act of 1990 applies to all publicly funded activities and programs. Contractor shall also comply with the public accommodations requirements of Title III of the ADA, as applicable. (2) Nondiscrimination on the Basis of Handicap (24 CFR 8). These regulations, which implement Section 504 of the Rehabilitation Act of 1973 , as amended , and as cited in Section 109 of the Housing and Community Development Act, apply to all federally assisted activities and programs and are implemented through the regulations at 24 C.F.R . 8 . (3) Architectural Barrier Act of 1968. Any building or facility , excluding privately owned residential structures, designed , constructed, or altered with federal funds, shall comply with the Uniform Federal Accessibility Standards, 1984 (41 C.F.R. 3) and the Handicapped Accessibility Requirements of the State of California Title 24. The Consultant, Engineer or Architect responsible for such design , construction or alteration shall certify compliance with the above standards. (4) In resolving any conflict between the accessibility standards cited in paragraphs (1 ), (2) and (3) above, the more stringent standard shall apply. 22. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor sha ll use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains . The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), in site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting . All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location . D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash , litter, and debris at the end of each work day. Contractor shall also clean up any leaks , drips, and other spills as they occur. The objective is to ensure that the City and County of Santa Clara County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection , and removed at the end of construction. These recommendations are intended to be used in conjunction with the States Best 2016 Minor Asphalt Repairs 10 P ro je ct 2017 -103 Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction . Failure to comply with this program will result in the issuance of noncompliance notices , citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code ' 13385 . 22. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination . 23. COMPLIANCES: Contractor shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 24. CONFLICT OF LAW; This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws , orders, rules, and regulations of the authorities having jurisdiction over this Agreement ( or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 25. ADVERTISEMENT; Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 26. WAIVER: A waiver by City of any breach of any term , covenant, or condition contained herein , shall not be deemed to be a waiver of any subsequent breach of the same or any other term , covenant, or condition contained herein , whether of the same or a different character. 2 0 1 6 Minor Asphalt Repairs 11 Project 20 1 7 -1 03 27 . INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 28. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 29. CAPTIONS; The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR [Name of Contractor] Date {0 "' l°l -, lb 2016 Min o r Asphalt Repairs CITY OF CUPERTINO A Municipal Corporation RECOMMENDED FOR APPROVAL: By ~c2n, Y\,,.L,() -;:)l/:v(),,D,;A(',-,-1 Title r EJ,p~ N~ c:, o.~ '""kb APPROVED AS TO FORM: By );)) City Attorney ATTEST: ~ ~ /k(A___,~di-= 12 ~rk / /, / ~./{o " ?I 1iYD -~ "2-1.-1---v . ~ .. Dl/' ~+ Jo/'1"· 3~ t/7 / c O r q I ~. tf o Project 2017 -1 03 EXHIBIT "A" SPECIAL CONDITIONS 1. LOCATIONS The project is located at various locations in the City of Cupertino, County of Santa Clara. Exhibit "C" is a city-wide site plan of locations . 2. SCOPE OF WORK The work to be performed under this contract is to provide all labor, materials , tools and equipment necessary for removal and replacement of failed asphalt, adjustment of monument covers, and adjustment of manholes as identified in this Exhibit A and Exhibit C . The scope of work includes all labor, materials and similar resources necessary to complete the work, including but not limited to such items as flagmen, necessary resources to comply with all safety requirements, work and materials required to provide public convenience and public safety during the Project, disposal, utility coordination, barricades, lights, pedestrian walkways, and repair of damage to private property. Contractor shall ensure that a foreman or lead worker is on the job at all times while work is being performed, and that the foreman or lead speaks and reads English sufficiently to comprehend required instructions. All work shall be performed in accordance with the latest edition City of Cupertino Standard Details and Standard Plans and Standards Specifications of the State of California, Department of Transportation. Should a conflict arise between the contract documents and the other referenced standards these special conditions and technical specifications shall govern , followed in order by the City of Cupertino Standard Details, then the State of California, Department of Transportation Standards . 3. ESTIMATED QUANTITIES Item Description Est, Qty. llni1 I Removal I Replacement of Failed Asphalt 350 Tons 2 Replace Monument Box and Cover 2 Each 3 Rai se Manhole 2 Each 4. Lower Manhole I Each 5. Lower Water Valve 4 Each 6. Raise Water Valve 4 Each 4. ALLOWABLE QUANTITY VARIATIONS Increases or decreases in the quantity of unit price items will be determin e d by comparing the actual pay quantity of an item of Work with the approximate quantity in the listing of the proposal items contained in Exhibit B (Schedule of Proposal Prices). August 18 , 2016 Pro j ect 20 1 7 -103 If the actual pay quantity of an item of work varies from the approximate quantity by 25 percent or less , payment will be made for the actual quantity of work performed at the agreement unit price listed in Exhibit B (Proposal). 5. EXPLANATION OF PROPOSAL ITEMS The price proposal per unit measure of work shall include all costs of labor, equipment, incidentals, and materials necessary to complete the work specified in this agreement and in accordance with these special conditions and technical specifications. Any item shown on the details or described in these provisions and not specifically listed as a proposal item shall be considered as included in the various proposal items and no special compensation will be allowed . 6. COMPLETION OF PA YING OF EXCAVATED AREAS AND DAMAGES Removal and replacement of each area of failed asphalt identified in Item no . I shall be completed within 48 hours of the initial removal of failed asphalt. Open excavations beyond this time period increases the amount of inconvenience sustained by the motoring public and the City, and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that the Contractor will pay to the City the sum of Five Hundred Dollars ($500) per day for each and every day's delay beyond the 48 hour limit, for each excavated area that remains unpaved and lower than . IO feet below surrounding grade. Time begins upon initial removal. This amount of liquidated damage shall be deducted by the City from monies due from the Contractor hereunder, or the Contractor 's assigned , successors, and sureties shall be liable to the City for an y excess . 8. ITEMS AND WORK NOT SPECIFICALLY INCLUDED IN A DESCRIPTION Any and all items and/or work called for in these special conditions and technical specifications, and not included in a description or a specific proposal item , shall be included by the contractor in one (1) or more of the proposal items and no additional compensation will be allowed . Contractor shall not complete any additional work is required to without prior written authorization from the City 's project manager. 9. PUBLIC CONVENIENCE AND SAFETY A project schedule and traffic control plan is to be submitted by the contractor prior to the start of work. The City shall review and provide comments as appropriate to the contractor, with any noted deficiencies corrected prior to start of work . The Contractor shall conduct their operations so as to cause the least possible obstruction and inconvenience to public . August 18 , 2016 Pr o je c t 20 1 7 -1 03 11. QUESTIONS Any questions regarding these plans and specifications should be directed to City of Cupertino, Assistant Director of Public Works , Roger Lee, (408) 777-3350. 12. RESPONSIBILITY OF CONTRACTOR The City assumes no responsibility whatsoever for loss or damage of equipment owned or operated by the Contractor, his agents or employees. 13. EQUIPMENT The Contractor must obtain a bulk water meter from various water agencies and pay for water usage (California Water Service and San Jose Water Company). Machines must be properly registered and insured in accordance with California State Motor Vehicle Laws and a copy must be left at the Service Center. 2016 Minor Asphalt Improvements August 18 , 2016 Pro j ec t 2017 -1 03 TECHNICAL SPECIFICATIONS 1 ASPHALT CONCRETE 1.1.1. Surface Preparation Contractor shall furnish all necessary supervision, labor, materials , construction tools and equipment, supplies , power sweeping, notification of affected residents /businesses , traffic control , utilities and services , transportation , receiving , handling and storage, and removal to complete the work. The Contractor is responsible for preserving manholes, monuments, valve boxes, catch basin grates, etc. 1.1.2 . Scope -Removal / Replacement of Failed Asphalt Proposal Item No. 1 Removal / Replacement of Failed Asphalt will occur at various locations ( approximately 15) throughout the City (Exhibit C). This proposal item shall consist of excavating materials, regardless of character and subsurface conditions, in the areas marked in white paint. Removal depth shall generall y be four (4) inches removal and replacement on residential streets and six (6) inches on collector streets. The Engineer shall confirm placement and depths of excavation prior to removal and will confirm finished sub-grade elevations prior to allowing contractor to place asphalt concrete . Aggregate gradation for all asphalt concrete shall be PG 64-10 3/4-inch mix maximum . Locations of failed asphalt have been field marked. An y existing improvements damaged by the Contractor 's asphalt removal / replacement operation shall be replaced at the Contractor 's sole expense . Failed pavement to be removed may be ground or otherwise broken to the limits marked and to the depth required of the area removed . Areas marked for removal / replacement have widths starting at one foot. The pavement cut encircling the removal / replacement area shall be saw cut or ground full depth. Removal of asphalt concrete and aggregate base shall be performed in such a manner that the edge of the remaining pavement is undisturbed and undamaged. The Contractor shall lawfully dispose of the removed material off the project limits. All grinding materials, where practical , are to be loaded directly in to trucks, stockpiling of materials onsite for any time length is not allowed. Disposal shall be the responsibility of the Contractor and is considered incidental to this proposal item . The location of the disposal site must be approved by the Engineer. Asphalt lift thickness shall conform to Section 39 of the State of California, Department of Transportation Standard Specifications , latest edition . No layer shall be placed over a layer which exceeds 0.25 foot in compacted thickness until the temperature at mid-depth of the layer which exceeds 0.25 foot in compacted thickness is not more than 160 degrees 2016 Minor Asphalt Improvements August 16 , 2016 Pr o je c t 2 0 1 7-1 03 Fahrenheit. All asphalt concrete shall be deposited directly into the excavation from the delivery vehicle and shall be leveled prior to any compaction efforts. All asphalt concrete mixtures shall be placed only when the atmospheric temperature is above 50 degrees Fahrenheit and rising. Pavement removal and construction of asphalt concrete shall be performed with a minimal disruption of parking/pedestrian movement. The Contractor shall compact the existing subgrade of deep lift asphalt removal / replacement area to 90% relative compaction. Compaction of soil subgrade in asphalt removal I replacement areas is considered incidental to this proposal item. Spreading and compacting equipment shall conform to Section 39-5 , SPREADING AND COMP ACTING EQUIPMENT, of the State of California, Department of Transportation Standard Specifications, latest edition , except as noted herein. Any pavement striping or markings disturbed by this proposal item will be replaced by the Contractor. Prior to starting removal or replacement of asphalt, the Contractor shall submit to the Engineer, the equipment manufacturer 's specifications for each piece of equipm ent used on th e project. 1.1.3. S cope -Replace Monument box and Cover Proposal It em No . 2 R e place Monument Box and C over will o cc ur at variou s location s (IO Locations) throughout the City as indicated in Exhibit "C ". This proposal item shall consist of removing asphalt concrete around existing monument box, removing existing monument cover and frame , and installing new frame and cover per City of Cupertino Standard Detail 1-14 (Attachment A). All work shall be completed taking extreme caution not to disturb the existing monument pin. If the monument is disturbed the Contractor will be responsible for re-establishing it as a monument in accordance with State laws .. The required concrete ring around the adjusted manhole shall be placed one inch lower than final asphalt grade. Any pavement striping or markings disturbed by this proposal item will be replaced by the Contractor. 1.1.4 Scope -Adjust Manhole/Water Valves Proposal Item No. 3 thru 6 Raise/Lower Manholes and Water Valves will occur at various locations (3 Locations) throughout the City as indicated in Exhibit "C". This proposal item shall consist of removing the existing manhole fr ame and cover, making adjustment to the ring height and replacing ex isting manhole frame and cover per 2916 Minor Asphalt Improve m ents A ug ust 16 , 2016 Pr o je c t 2017 -1 03 City of Cupertino Standard Detail 3-10 (Attachment A). The required concrete ring around the adjusted manhole shall be placed one inch lower than final asphalt grade. Any pavement striping or markings disturbed by this proposal item will be replaced by the Contractor. 1.1.5 Cumulative Liquidated Damages . Once the pavement is removed in asphalt removal and replacement areas or manhole areas , the Contractor shall diligently prosecute the work so that the deep lift is in place within the same working day. At no time shall there be a drop off greater than .1 O' ( one- tenth of a foot) in the pavement overnight. No unnecessary delays shall be tolerated. By way of ascertaining and fixing the amount of damages, and not by way of penalty, the Contractor shall pay the City the sum of Five Hundred Dollars ($500) per calendar day, for each excavated area that remains incomplete beyond the 48 hour limit. Time begins upon the initial removal. All liquidated damages in this Contract are cumulative. 1.1.6 . Submittals: The Contractor shall submit the following prior to beginning work: A . Certificates of compliance for asphalt concrete. B. Certificates of compliance for Portland concrete . 1.1. 7. Measurement and Payment: Removal / Replacement of Failed Asphalt concrete Proposal Item No . 1 shall be measured and paid per the theoretical weight, measured in tons. The theoretical weight will be calculated based upon the individual asphalt repair areas marked by the City, multiplied by the depth, multiplied by the weight of asphalt in lb /cubic feet (assume 150 lbs /cubic foot), all divided by 2000. Any and all removal and replacement done outside of the areas marked by the City or to depths greater than 5 inches will be at the expense of the Contractor. The contract price paid per ton for Proposal Item No . 1 shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals , and for doing all the work involved to repair the failed pavement including pavement excavation and removal , compaction and grading of sub-grade (if needed), asphalt concrete, fog coat, and tack coat, replacement of any striping or legends removed , complete in place. Work shall include saw-cutting and/or grinding of asphalt, removal of asphalt and affected sub-grade, compaction of subgrade and replacement of asphalt as specified herein and as directed by the Engineer. Install new Monument Frame and Cover Proposal Item No. 2 shall be measured and paid per each monument frame and cover replaced. The contract price paid per monument cover adjusted for Proposal Item No. 2 shall include full compensation for furnishing all 2016 Minor Asphalt Improvements August 16 , 2016 Projec t 2017 -103 labor, materials, tools , equipment and incidentals, and for doing all the work involved per City of Cupertino Standard Detail 1-14. Adjust Manhole Proposal Item No. 3 and 4 shall be measured and paid per each manhole adjusted. The contract price paid per manhole adjusted for Proposal Item No. 3 shall include full compensation for furnishing all labor, materials , tools, equipment and incidentals, and for doing all the work involved per City of Cupertino Standard Detail 3- 10. 2016 Minor Asphalt Improvements August 16 , 2016 Pr~ieet 2017 .. 103 :PROPOSAL Afl Proposal items, including lump sums and unitpdces, mtist be ft1ledin completely. Quote in figuces only~ -unless word$ are specifically n~quested. · 2 4 5 6 Removal/ Replacement of Failed Asphalt Replace Monument cover Lower Manhole Raise Manhole Lower Water Va1ve · Raise Water Valve 2016MlNOR ASPHALT REPAIRS i_•. P_._·_ ... N.-_=_ 1_._T_._._· __ -._EQ·,_1 _:s.;T __ .T.-.y.-_,_,_::_' •. : $1:rEJt > iXT_ .. ·'ENI)E_I>_• TOTAI,. l UNIT ··. Tons 320 3n.11 Each 2 c)O I·'-!:. .. Each 8 Joi ·- Each 5 8 w oo·- Bae-It 4 Jc,,, "t / Each 4 .... jot·· - TOTAL PROPOSAL PRICE P\t~ kY\ ') Jo 4. ,d d.-llc.J) tol}t9tt· 4~ bc:,2.. :_. ~4o~· _ .. 4<»o·:;_ f~o(;, ~ l 2 0 lt 1 "~ L 1i I ,: I r I I /: i 1· Phoenix # P2001A Or Approved Equai r- 1 'I' I Suitable Sleev ------+-.. C ... ,-.,.,.-i Suitable Conical or Cliidrical f-orm ·.···"'l, t .•.. ... . -· . .. . -~. · 1 .. ---~';-t....."" . -' . .. :, .. 1--· .... J J. Monument rim and cover. Concrete and cost iron cover .to be installed before i stallation of plant mix surfocting_ I '"r"'-=~---,,.... -., ---- II 1 "'' . . , .... . -~. ·, I • • , I t • , .... :., \( • •• : . . . . : . ·\ .. : .. ,4 ~ . : • , I I I I I 8" ,. ·: ·r } r : ·. < 3" =-:/ .. ~ -J • lv-1.....--·-·-1•11_· ............. ,.....i;:,..._ 3'-0 ·Mn_ Poured against Monument pns undisturbed earth il dr~led hole . -1 ore available from the City_ CITY OF CU PER TINO STANDARD DETAILS APPROVED BY: 1-14 .CONCENTRIC MANHOLE Std. Cit:, of Cu p ertiao I I lonll 0k .,J !!I O ld oonr I I 8 fo 33 / II PIPE :J == 'Q' .. +.,.)L; -'--i---rr_ 24 dia. 3(j' b o 1 I a: b. 1·· ·<··· AO• ---t 1 Jll. ---:t'O':. ;Elio;. l NOTES: Broll ea pl" edlJH ]Jilli g ro u te d---·----· 6" f l Mortar and grout to conform to Section 65, State Std . Specifications. Manro le foundat ion pouredil place. 66° di o. t=-=::: 1 /2" . :, j f Grou t PreoHt re ln fon :ed co-te pipe o ncl t opcred I I ct ion Cloe, A concrete CITY OF CUPERTINO I STANDARD DETAILS APPROVED BY :~-?.:~-=B~J!-:1:~==----"liATE: -z/111,/t<7 3-10 Premium: $776 .00 DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND Bond No: 12121882 Project No. 2017-103 THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated October )8, 2016, is in the penal sum of One Hundred Ten Thousand Nine Hundred Twelve and 40/100 Dollars ($110,912.40) ___________________ · _____ [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Constmction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12, attached to this page. Any singular reference to G . Bortolotto & Company, Inc . ("Contractor"), The Guarantee Company of North America USA ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: G . Bortolotto & Company, Inc. Name 582 Bargato Road Address San Carlos CA 94070 City/State/Zip CONSTRUCTION CONTRACT: at Cupertino, California. DATED October 18 , 2016 SURETY: The Guarantee Company of North America USA Name 1 Towne Square, Suite 1470 Principal Place of Business Southfield MI 48076 City/State/Zip 2016 MINOR ASPHALT IMPROVEMENTS PROJECT NUMBER2017-103 201§__ in the Amount of$-=-l-"-10::..=..9:..=12:..c.4..,_,,0'--______ {the "Penal Sum") SURETY The Guarantee Company of North Company: (Corp. Seal) America USA Signature 1l½i ~ Name and Title: Mary Baez,~eY..-in-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Construction Contract, which is . incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond. 3. If there is no City Default, Surety's obligation under this Bond shall arise after: 3 .1 City has declared a Contractor Default under the Constmction Contract pursuant to the terms of the Construction Contract; and 3 .2 City has agreed to pay the Balance of the Contract Sum: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or City of Cupertino Construction Performance Bond 2016 Minor Asphalt Improvements 00610 • 1 Project No. 2017-103 3.2 .2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract. 4 . When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of the following actions: 4. l Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4 , below); or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City's consent; or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety's obligations defined in paragraph 6, below, exceed the Balance of the Contract Sum, then Surety shall pay to City the amount of such excess ; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. If City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6, below. 5. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including , without limitation , and by way of example only, rights to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors . 6. Surety's monetary obligation under this Bond is limited by the Amount ofthis Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall include, but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to, all valid and proper backcharges, offsets, payments, indemnities, or other damages; 6.3 Additional legal , design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's fees incurred to enforce this Bond). · City of Cupertino Construction Performance Bond 2016 Minor Asphalt Improvements 00610 - 2 Project No . 2017-103 7 . No right of action shall accrue on this 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 Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Communications from City to Surety under paragraph 3 .1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. 10 . All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses . 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12 . Definitions. 12 .1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract. 12 .2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto . 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract including, but not limited to, "default" or any other condition allowing a termination for cause as provided in Document 00700 (General Conditions). 12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT City of Cupertino Construction Performance Bond 2016 Minor Asphalt Improvements 00610 -3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate ve rifies 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 San Mateo On October 18, 2016 before me, __ D_e_b_o_ra_h_M_._K_n_iL._pp'--'''-N_o_t_a_ry,__P_u_b_lic _____ _ Date Here Insert Name and Title of the Officer personally appeared __________ M_a_ry~B_a_e_z _______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person()!:) whose name(){) is/~K subscribed to the within instrument and acknowledged to me that l)®(she/}(i)(y(executed the same in )(i)Q'her1'(l~t)(authorized capacity~~. and that by ~her~signature~ on the instrument the person()(), or the entity upon behalf of which the person~ acted, executed the instrument. Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /2 4~/~/kbllH~ ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual [xi Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing : _________ _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Premium : Included Bond No: 12121882 Project No. 2017-103 DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond") is dated October 18 , 2016, is in the penal sum One Hundred Ten Thousand Nine Hundred Twelve and 40/100 Dollars($! 10 ,912.40) [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Tenns and Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to G . Bortolotto & Company, Inc . ("Contractor"), The Guarantee Company of North America USA ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: G . Bortolotto & Company, Inc. Name 582 Bragato Road Address San Carlos CA 94070 City/State/Zip CONSTRUCTION CONTRACT: at Cupertino, California. SURETY: The Guarantee Company of North America USA Name 1 Towne Square, Suite 1470 Principal Place of Business Southfield MI 48076 City/State/Zip 2016 MINOR ASPHALT REPAIRS PROJECT NUMBER 2017-103 DATED __ O-"'--""ct,,,o""'b"""er'--'l._,,8"'--__ , 201.§___ in the Amount of$.""l:....:l:....:0-2.e9--'lc..::2;,,;_.4-'0 ________ (the "Penal Sum") CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) ~he Guaran~pa~o f North America US A Signature:~~----~--,---- Name and Title: Mary Ba z, Attorney-in-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the perfonnance of the Construction Contract, which is incorporated herein by reference. 2. With respect to City, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and 2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of thi~ Bond) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety, and provided there is no City Default. 3 . With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due City of Cupertino Construction Labor and Material Payment Bond 2016 Minor Asphalt Repairs 00620 -1 Project No. 2017-103 under the Unemployment Insurance Code with respect to Work or labor perfonned under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor, then Surety shall pay for the same, and also, in case suit is brought upon this Bond, a reasonable attorney's fee , to be fixed by the court. 4. Consistent with the California Mechanic's Lien Law, Civil Code §3082, et seq ., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any , under any Construction Pe1formance Bond and second, to satisfy obligations of Contractor and Surety under this Bond. 7. City shall not be liable for payment of any costs, expenses, or attorney 's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be performed thereunder, or materials or equipment to be furnished thereunder or th e Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes. 9. Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code §3249, must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184 . 10 . All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses . 11 . This Bond has been furnished to comply with the California Mechanic 's Lien Law including, but not limited to , Civil Code §§3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein . The intent is that this Bond shall be construed ns a statutory bond and not as a common law bond . 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 13. Contractor shall pay to persons perfonning labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevaHing rate of per diem wages to be posted at each Site . City of Cupertino Construction Labor and Material Payment Bond 2016 Minor Asphalt Repairs 00620 -2 Project No. 2017-103 14. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of .Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §318 l. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for perfo1mance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code §3248(b). 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. END OF DOCUMENT City of Cupertino Construction Labor and Material Payment Bond 2016 Minor Asphalt Repairs 00620 - 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness , accuracy, or validity of that document. State of California County of San Mateo On October 18, 2016 before me, __ D_e_b_o_r_a_h _M_._K_n_i~P~P·~N_ot_a_ry~P_u_b_lic _____ _ Date Here Insert Name and Title of the Officer personally appeared __________ M_a_ry~B_a_e_z _______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person()O whose name(}{) is/~K subscribed to the within instrument and acknowledged to me that ~she/Xi)(y(executed the same in )(i~her1(l~authorized capacity~*· and that by .J)O(her~)(signature(M on the instrument the person()(), or the entity upon behalf of which the person()() acted, executed the instrument. Place Notary Seal Above z 21 0 .. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /, ~ ~ Signature of~~ ----------------oPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual Gil Attorney in Fact D Individual D Attorney in Fact 0 Trustee D Guardian or Conservator D Trustee O Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing : _________ _ ©2014 Nat ional Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800 -876 -6827) Item #5907 lHE GUARANTEE THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield , Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS : That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan , having its principal office in Southfield , Michigan , does hereby constitute and appoint Gregory McCartney, Steve Suissa, Mary Baez James E. McGovern, Inc. its true and lawful attorney(s)-in-fact to execute , seal and deliver for and on its behalf as surety , any and all bonds and undertakings , contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed , required or permitted by law , statute , rule , regulation , contract or otherwise . The execution of such instrument(s) in pursuance of these presents , shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply , to all intents and purposes , as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office . The Power of Attorney is executed and may be certified so , and may be revoked , pursuant to and by authority of Article IX , Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31 st day of December , 2003 . The President , or any Vice President , acting with any Secretary or Assistant Secretary , shall have power and authority : 1. To appoint Attorney(s)-in-fact , and to authorize them to execute on behalf of the Company , and attach the Seal of the Company thereto, bonds and undertakings , contracts of indemnity and other writings obligatory in the nature thereof; and 2 . To revoke , at any time , any such Attorney-in-fact and revoke the authority given , except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only , it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation . It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee , shall not relieve this surety company of any of its obligations under its bond . 4. In connection with obligations in favor of the Kentucky Department of Highways only , it is agreed that the power and authority hereby given to the Attorney-in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the mod ification or revocation . Further , this Power of Attorney is signed and sealed by facsimi le pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011 , of which the follow ing is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond , undertaking , contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed . IN WITNESS WHEREOF , THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February , 2012 . THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN County of Oakland Stephen C. Ruschak, Vice President Randall Musselman, Secretary On this 23rd day of February , 2012 before me came the individuals who executed the preceding instrument , to me personally known , and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA ; that the seal affixed to said instrument is the Corporate Seal of said Company ; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Ex pires February 27, 2 018 Acting in Oakland County IN WITNESS WHEREOF , I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written . ~1 _.,1--1) • . • 7~ {}. -r~ I, Randall Musselman , Secretary of THE GUARANTEE COMPANY OF NORTH AMER!CA USA , do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARAMTEE COMPANY OF NORTH AMERICA USA , which is still in full force and effect. IN WITNESS WHEREOF , I have thereunto set my hand and attached ihe s2 al of said Company this 18th day of October 2016 Randa ll Musselman, Secretary CITY OF II Proj e ct No . 2016-15 CUPERTINO 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 performance 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 obligations , 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 determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. 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 ce1tificates 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 of Cupertino 2016 Pavement Maintenance Project Insurance Forms 00530 -2 Proj e ct No. 2016-15 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. G. Bartolotto & Co., Inc. Robert Bartolotto, President (Contractor's Name) 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 **See certificate for limits : $IM/2M -General Liability $SM -Umbrella Combined single limit of $1.0 million per occurrence . Dated: October 21 20-16. City of Cupertino 2016 Pavement Maintenance Project Insurance Forms 005 30 - 3 CITY OF m Proj ect No. 2016 -15 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 below and are in force at this time. Insured: G. Bortolotto & Company, Inc. Address: 582 Bragato Road San Carlos , Ca 94070 Description of operations/locations/products insured (show contract name and /or number, if any): City of Cupertino, 2016 Minor Asphalt Repairs , Project #2017-103 WORKER 'S COMPENSATION (name of insurer) * Statutory Min. * Employer 's Liability $ _____ _ $ _____ _ $ ____ _ Insurance Company's State License No . ____________________ _ Check Policy Type: Each Occurrence $ 1,000 ,000 COMPREHENSIVE GENERAL LIABILITY 2,000,000 [ ] Premises/Operations Gen e ral Aggregate $ (if applicable) [ ] Owners & Contractors Protective Aggregate $ [ ] Contractual for Specific Contract Personal Injury $ 1,000,000 $ [ ] Products Liability [ ] XCU Hazards 300,000 [ ] Broad Form P.O. Fire Damage (any one fire) $ [ ] Severability of Interest Clause [ ] Personal Injury with Medical Expense $ 5,000 Employee Exclusion Removed (any one person) or Self-Insured COMMERCIAL GENERAL LIABILITY Retention $ The Travelers Indemnity Co . CT (name of insurer) Policy No. DT22-CO-OF0 27488-TCT-16 Expiration Date_0_8_12_11_2_0 _17 ___ _ City of Cupertino 2016 Pavement Maintenance Project Insurance Forms 00530 - 4 Project No. 2016 -1 5 AUTOMOTIVENEHICLE LIABILITY Commercial Form BODILY INJURY Each Person PROPERTY DAMAGE Each Accident Liability Coverage $ $ --------------- Travelers Prop Cas . Co . of America Each Accident (name of insurer) $ _______ or Combined Single Limit $_1_,o_o_o,_oo_o ___ _ Policy No. DT-810-0F027488-TCT-16 Expiration Date 08 /21 /2017 ------------------------------------------------------------------------------------------------------------------------------------ BUILDER'S RISK "ALL RISK" This is to certify that the following policy has been issued 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 No ._________ Expiration Date _______ _ Limits of Liability: Deductible: ________ _ A copy of all Endorsements to the policy(ies) which in any way (agent 's initial) limit the above-listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term , or condition of any 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 subject 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 Agree rrr , etween the City and the insured . Dated: 0 {!/(_ If 20 /,£, --~----~--- Attach Certificate of Insurance and Additional Insured Endorsement on company forms. City of Cupertino 2016 Pavement Maintenance Project Insurance Forms 00530 - 5 CITY OF a CUPERTINO ADDITIONAL INSURED ENDORSEMENT and ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: Project 2017-103; 2016 Minor Asphalt Repairs Project No . 2016-15 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended , voided , canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt reques ted, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION I. Insurance Company: The Travelers Indemnity Co . Ct. 2. Insurance Policy Number:_n_n_2_-c_o_-_o_F_o2_1_4_88_-T_c_r_-_16 _____________ _ 3. Effective Date of this Endorsement: · August 21 20 16 4 . Insured : G. Bortolot to & Company, 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 . Victoria Sunga I, _________________________ (print/type name) City of Cupertino 2016 Pavement Maintenance Project Insurance Forms 00530 -6 Project No . 20 I 6-15 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 on all Endorsements furni ed to the District) Names of Agent/ Agency: Dorsey Hazeltine and Wynne Address: 400 Seaport Court, #105 Redwood City , Ca 94063 City of Cupertino 2016 Pavement Maintenance Project Insurance Forms 00530 - 7 Title: Account Manager (650) 858-2375 Telephone : _______ _ Facsimile: -------- CITY OF fl CUPERTINO COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROJECT Project Title and Number: Project 2017-103; 2016 Minor Asphalt Repairs Project No . 2016-15 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under 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 Project 2017-103, 2016 Minor Asphalt Repairs POLICY INFORMATION I C The Travelers Indemnity Co . Ct. I. nsurance ompany: __________________________ _ 2 . Insurance Policy Number:_D_T_2_2_-c_o_-_o_F_o_27_4_8_8_-T_c_T_-_16 ______________ _ 3 . Effective Date of this Endorsement:_August 21 _____________ 2016 4. Insured: G. Bartolotto & Company. Inc. 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Victoria Sunga (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. ~ Signature of Authorized Representative: ___________________ _ (Original signature required on all Endorsementsfu,ished to the District) Names of Agent/ Agency: Dorsey Hazeltine & Wynne Address: 400 Seaport Court, #105 Redwood City, Ca 94063 City of Cupertino 2016 Pavement Maintenance Project Insurance Forms 00530 -8 Title: Account Manager Telephone: (650) 858-237_5 ___ _ Facsimile: -------- CITY OF Proj ec t No. 20 I 6-I 5 g WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE CUPERTINO Project Title and Number: 2016 Minor Asphalt Repairs, Cupertino Proj#2017-103 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors , officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom , sustained by any employee of the insured , arising out of the performance of the above-referenced Contract. POLICY INFORMATION I I C Redwood Fire & Casualty Insurance Co . nsurance ompany: __________________________ _ GBWC705651 2. Insurance Policy Number: ________________________ _ 3. Effective Date of this Endorsement: 08 1 21 1 2016 20 ------------------- 4. Insured: G. Bortolotto & Company, 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 I 0300 Torre Avenue; Cupertino, California 95014. Steve Suissa I, __________________________ (print/type name) warrant that I have authority to bind the below li sted Insurance Company an d by my signature hereon do so bind this Company. Signature of Authorized Representative: __ ~_,,,_-=--~e=.._==--(""~~=-=--=:..=..--=---· ____ _ (Original signature required on all Endorsements furnished to the District) McGovern Insurance Names of Agent/ Agency: ---------------- Address: 1625 El Camino Real Belmont, CA 94002 City of C up e rtino 2016 P aveme nt Maintenance Project In s urance Fo rm s 00530 -9 Title: President ------------ T I I 650-593-8216 e ep1one: _______ _ Facsimile: 650-594 -9130 -------- ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) L--10/18/20 16 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McGovern Insurance CONTACT NAME : 1625 El Camino Real PHONE 650-593-8216 I FAX 650-594-9130 Belmont , CA 94002 IA/C No Exll: /A/C Nol : E-M AIL AD DRES S: INSURER(Sl AFFORDING COVERAGE NAIC# www.j e mins.com INSURER A : Redwood Fire and Casualty Ins urance Co A++ xv 11 673 INSURED INSURER B : G. Bartolotto & Company , Inc. INSURER C : 582 Bra~ato Road San Car os CA 94070 INSURER D: INSURER E : IN SUR ER F : COVERAGES CERTIFICATE NUMBER: 32428136 REVISION NUMBER: THIS IS TO CERTIF Y THAT THE POLICIES OF IN SURANCE LISTED BELOW HAVE BEEN ISSU ED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT , TE RM OR CONDITION OF ANY CON T RACT OR OTHER DOCUMENT WITH R ESP ECT TO WH ICH THI S C ERTIFI CATE MAY BE ISSUED OR MAY PERTAIN, THE IN SURANCE AFFORD ED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUS IONS AND COND ITI ONS OF SUCH POLICIES . LI M ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE •••on l ••nm POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s -D CLAIMS -MADE D OCCUR DAMAGE TO RENTED f--PREMISES {Ea occurrencel $ -MED EXP (Any one person) s PERSONAL & ADV INJURY $ - GEN'L AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE s =l D PRO-D LO C PO LIC Y JECT PRODUCTS -COMP/OP AGG s OTHER: $ AUTOMOBILE LIABILITY COM BINED SIN GLE LIMIT s fEa accident\ -ANY AUTO BODILY INJURY (Per person) s -OWNED -SCHEDULED AUTOS ONLY AU TO S BODILY INJURY (Per accidenl ) s f---HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY f Per accidenll s -- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE s - EXC ESS LIAB CLA IM S-MADE AGGREGATE s OED I I RETENTION s s A WORKERS COMPENSATION ,/ GBWC705651 8/21/2016 8/21/2017 I I ~ifTuTE I OTH- AND EMPLOYERS • LIABILITY ER Y/N ANYPROPRIETO R/PART NER/EXECUTIVE D E.L. EACH ACCIDENT $ 1 ,000 ,000 OFFICER/MEMBER EXCLUDED? N /A (Mandatory in NH) EL DISEASE -EA EMPLOYEE s 1 000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L . DISEASE -POLICY LIMIT s 1,000,000 DES CR IPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Addition al Remarks Schedu le, may be attached if more space is required) RE : Work performed@ 2016 Minor Asphalt Repairs , Cupertino Proj#2017-103/Job#16-691 *30 day written Notice of Cancell ation , except for non-pay of p remium which is 10 days. A CERTIFICATE HOLDER CANCELLATION \ Cit& of Cupertino SHOULD ANY OF THE ABOV oesc~~o ,ouc"s " c .. cm,o """"' THE EXPIRATION DATE HEREOF, NOTICE WILL BE DELIVERED IN Pu lie Works Dept. ACCORDANCE WITH THE PO ICY PRO ISIONS . 10555 Ma'(; Avenue Cupertino A 95014 I AUTHORIZED REPRESENTATIVE I I \ "- © 1988-2015 ACO) F l\9RAT ION. All rights reserved . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD r,; 2428136 I BORTO·l I 1 6/17 -i'IC I MaryAnn Wo rman l 10/18/20 16 1 0 :26 :34 AM (PDT ) I Page 1 of 2 WORKERS COMPENSATION AND EMPLOYERS LIAB ILITY INSURANC E POLICY WC 99 0410A (Ed 07-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We 'Nill not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us .) The additional premium for this endorsement shall be 2.00 % of the total policy premium otherwise due on such remuneration. The m inimum premium for this endorsement is$. Schedule Person or Organization ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ISSUED City of Cup ertin o Job Description ALL CALIFORNIA OPERATIONS This endorsement changes the policy to which it is attached and is effective on the date iss ed 8/2 1/20 16 GBWC7 05 651 (The infonnatlon below Is required only when this endorsement is issued subse uent t preparation of the policy.) Policy No . Insured Red woo d Fi re and Cas ualty In surance Co A++ XV Insurance Company WC 99 0410A (Ed 07-07) 32428136 I 90RTO -l I 16/17 -WC I MaryAnn Worman I 10/18/2016 10:26:34 AM (PDT) I Page 2 of 2 ~ '-""._,,III I'-"'""' I._""' ._,,,._,.,._, I I I 1,i...,...., I ,,.-,,1,i'1,,,II-I 10/17/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy{ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). PRODUCER ~2~~~CT Pat Ellis Dorsey, Hazeltine & Wynne fl)gNJ:0 Extl: (650) 858-2375 I FAX IAJC Nol: (650) 856-1023 License# : 0281413 loMtJ~sS:pellis@dhw-ins, corn 400 Seaport Court, Suite 105 INSURER($) AFFORDING COVERAGE NAIC# Redwood City CA 94063 INSURER A: The Travelers Indernnitv Co. CT 25682 INSURED INSURER B :Travelers Prop Cas Co. of America 25674 G. Bortolotto & Co ., Inc. INSURERC: 582 Bragato Road INSURER D: INSURER E: San Carlos CA 94070 INSURER F: COVERAGES CERTIFICATE NUMBER:16/17 Renewal REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE '""n lAnrn POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A I CLAIMS-MADE w OCCUR DAMAGE TO RENTED 300,000 PREMISES /Ea occurrencel $ ~ PPA limit applies if DT22-CO-OF027488-TCT-16 8/21/2016 8/21/2017 MED EXP (Any one person) $ 5,000 ~ re~ired by contract PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ 2,000,000 ~ POLIC Y ~ r;riT D LO C PRODUCTS· COMP/OP AGG $ 2,000,000 OTHER : Deductible $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIM IT $ 1,000,000 IEa accident\ ~ A X ANY AUTO BODILY INJURY (Per person) $ f--ALL OWNED -SCHEDULED AUTOS AUTOS DT-810-0F027488-TCT-16 8/21/2016 8/21/2017 BODIL Y INJURY (Per accident) $ ~ -NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS /Per accident\ $ -- Deductible $ 1,000 X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 8 000 000 - B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 8,000,000 DED I X I RETENTION $ 10 000 DTSM-CUP-OF027488-TIL-16 8/21/2016 8/21/2017 $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED ? N/A (Mandatory in NH) E.L. DISEASE • EA EMPLOYEE $ If yes , describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ B Property -Special. Form 6604E989267 8/21/2016 8/21/2017 Limit/Special Form 550,000 Leased and Rented Equipment Actual Cash Value DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 2016 Minor Asphalt Repairs, Project 2017-103, Job#l6-691 The City of Cupertino and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees; and the State of California, its officers, agents and employees are named additional insured per attached General Liability endorsement form . Additional insured for Business Auto if required by contract. Primary wording applies . General cancellation provided by the named insured. CERTIFICATE HOLDER City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 aggregate limit per project applies. 30 day notice of CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE PO C ROVISIONS. AUTHORIZED REPRESENTATIVE Victo ria Sunga /PE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS025 (201401) The ACORD name and logo are registered marks of ACORD Policy No . DT22-CO-OF027488-TCT-16 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED -(Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows : a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in - surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section Ill -Limits Of Insurance . b) The insurance provided to the additional in- sured does not apply to "bodily injury". "prop - erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: I. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions , reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and II. Supervisory, inspection, architectural or engineering activities . c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether pr imary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place ; ii. The names and addresses of any injured persons and witnesses; and Iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. -DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage " oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the .end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. CG D246 08 05 POLICY NUMBER: DT22-CO-OF027488-TCT-16 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 08/21/16 THIS ENDORSEMENT CHANGES THE POLICY. PLE_ASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following ,: -coMMERCIAL GENERAL UABlllTY COVERAGE PART SCHEDULE Designated Project(s): Des.lgnated Project General Aggregate(s}: EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN A WRI'ITEN CONTRACT WHICH IS IN EFFECT DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE II OCCURS . GENERAL A,GGREGATE LIMIT SHOWN 0~ THE DECLARATIONS. A. For all sums which the insured becomes legally obligated to pay as damages ca.used by "occur- rences" under COVERAGE_ A. (SECTION I), .and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I), which can tre attfibHted only to opercitions at a single desig- nated "project" shpwn in the Sche.dule above: 1. A separate Designated Project General Ag- gregate Limit appl ies .to ea.ch designatec! "pro- ject", and that limit is equal to the arnoJmt of the (;eneral Aggregate Limit shown in the Declarations, unless separate Designated Proj~ct General Aggregate(s) .are _sched~ uled above. 2. The Designated Project General Aggregate Liniit is the most we wi.11 pay for the slim of all damages under COVERAGE A., except damages because of "bodily injury" or "prop- erty damag·e• inciuded in the "products- completed operations hazard", and for medi- cal exp .enses under COVERAGE C, regard- less of the ·numberof: a. Insureds; b. Claims made or "suits" bro·ught; or c. Persons or -organizations making c)aims or bringing "suits". 5. Any payments made under COVERAGE A. for damages or under .COVl::RAGE C. for medical expenses shall reduce the Pesig- nated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the Q_enera! Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "project" shown inthe Schedule above. 4. The limits shown ii1 the Declarations for Each Occurrence, Damage To Preml~es Rented To You and Medical E~pense cilntinu.e to appiy, However, instead of be ing subject to th .e .General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit. · B. For all sums which the insured becomes legally obiigated to pay as damages caused by "occur- rences~ under COVERAGE A. (SECTION I), and for all medical expenses caused by, accidents un- der COVERAGE c; (SECTION I), which cannot be attributed only to operations at a single desig- nated "project" shown in the Sched1,1le above: CG D2:11 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of'2 COMMERGJAL GENERAL Ll,ASILITY 1. Any payments made under .CPVER,AGE A. for damages or under COVERAGE c. for medicai expenses shall reduce the amount available under .th.e .GeAeral A!:jgre9ate Limit or the Products-Completed Op.erations Ag- gregate , Limit, whichever is applicabfe; and 2. Such payments shall not reduce any Desig - nated Pr.oJectGeneral Ag.9regate Limit. C. Part 2, of SEC,T(C>N Ill-LIMITS OF INS!JRANCE is deleted and replaced by the followin\F 2 . The G~J'i~i'gil Aggtegat~ Limit is th$ m.pst we will pay f orthe sum of: a. Damag'$.s under Cov~r11ge B; and. b. Damages from ''occurrences ~ under COVE~GE A (SECTION I) and for all medig3-I expenses caused by acc j(:fents unde(C_QVERAGE C (SECTION .I) which canno~ bef attributed only to cipEir~tJons l;lt a sJngiEFdesighated "project" shown in the sCHEflULE above, - . . D. When cQv.er.age for lic1b ility arising out bf the "pro~ucts-potr,plet¢g op;eration? h~zard~ is pr9- vided, any payments for damages because of "bodily ih]ury'' or "pr operty damage" irieluded in the ''products-completed operations hazard'' wiil reduce . the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Project General Agg tegate Limit. E. For the·purposes of this endorsemendhe Defini- tions Sectlo.n is amended QY the addition ofthe followin,~.definition: "Projeclii means an area away · ~from premises owned '~by·:or rented to you at which you are per- forming. -ioperations. pursuant to a :contract or agreeme:tif:. For the purposes .of determining the applicable aggregate limit of insurance, each "project" that inchJdes premises involving the same pr ajnhecting lots, Qr premiSEl$ Whci:se ~n- nection is Interrupted only by a .stre~t. roadway, wateiway ;or right-of~way of ;;1 railro'~d shall be Cbnsid\=te;d)i :single "proj ect". F. The pfoy i~ipns of SECTION Ill ,_ LIMITS· OF INSURANCE hot -bthe.J;Wise mpdifl:trd by this ·en - dors¢ment sh~I) 90nth1Lie to appl y.:~$:·stipu1~.t¢.d. Page 2 of 2 Copyright , The Travelers Indemnity Company, 2004 CG D2 11 01 04 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions: A. Cancellation 1. The first Named Insured shown in the Decla- rations may cancel thls policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy or any Cover.age Part by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days oefore the effective date of can- ceHation if we cancel for nonpayment of premium; or b. 30 days before the effective date of can- cellation if we cancel for any other rea- son. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. If the policy is cancelled, that date will become the end of the policy period. If a Coverage Part is cancelled, that date will become the end of the policy period as respects that Coverage Part only. 5. If this policy or any Coverage Part is can- celled, we will send the first Named Insured any premium refund due. If we c;ancel, the re- fund will be pro rata. If the first Named In- sured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a re- fund. 6. If riotice is mailed. proof of mailing will be sufficient proof of notice. · B. Changes This policy contains .all the agreements between you and us concerning the insurance afforded. The first . Named Insured shown in the Declara- tions is authorized to make changes in the -terms of this policy with our consent. This policy's terms i::an oe amended or waived only .by endorsement issued by us as part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three . years afterward. D. Inspections And Surveys 1. We have the rightto: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspec- tions, surveys, reports or recommendations and any such actions we do undertake relate only to insurabilify ahd the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any p·erson or organization to provide . for ·the health or safety of workers .or the public. And we do not warrant that conditions: a. Are ~afe or healthful; or b. Comply with laws, regulations. codes or standards. 3. Paragraphs 1. and 2. of this condition app.ly not only to us, but also to any rating, advi- sory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does notapply to any inspections, surveys, reports or rec- ommendations we may ma.ke relative t.o certi- fication, under state or municipal statutes, or- dinances or regulations, of boilers, pressure vessels or elevators. E. Premiums 1. The first Named Insured shown in the Decla- rations: a. Is responsible for the payment of all pre- miums; and b. Will be the payee for any return premi- ums we pay. 2. We compute all premiums for this policy in accordance with our rules, rates, rating plans, premiums and minimum premiums. The pre- mium shown in the Declarations was com- puted based on rates ahd rules in effect at IL TO 01 01 07 (Rev. 06-09) Includes !he copyrighted material of Insurance Services Office, Inc. with its permission . Page 1 of 2 the time the policy was issued. On each re- newal continuation or anniversary of the ef- fective date of this policy, we will compute the premium in 9ccordance with our rates and rules then in effect. F. Transfer Of Your Rights And Duties Under This Polley Your rights and d_uties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die , your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary cus- tody of your property will. have your rights and duties but only with respect to that property. G. Equipment Breakdown Equivalent to Boller and Machinery On the Common Policy Declarations ; the term Equipment Breakdown is understood to mean and include Boiler-and Machinery ahd the term Boiler and Machinery is understood to mean and include Equipment Breakdown. This policy consists of the Common Policy Declarations and the Coverage Parts and endorsements listed in thc;1t declarations form. In return for payment of the premium, we agree with the Named Insured to provide the insurance· afforded by a Coverage Part forming part ofthis policy. That insurance will be provided by the company indicated as insuring company in the Common F>olicy Declarations by the abbreviation of its name opposite that Coverage Part. One of the companies listed below (each a stock company) has executed th-is policy, and this policy is counter- signed by the office rs listed below: The Travelers Indemnity Company (IND) The Phoenix Insurance Company (PHX) The Charter Oak Fire Insurance Company (COF) Travelers Property Casualty Company of America (TIL) The Travelers Indemnity Company of Connecticut (TCT) The Travelers Indemnity Company of America (TIA) Travelers CasualW Insurance Company of Americ_a (ACJ) tJ~f -~ Secretary President Page 2 of 2 Includes the copyrighted material of Insurance Services Office, Inc, with its permission. Policy No. DT-810-0F027488-TCT-16 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. · GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered . A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO LIMITED WORLDWIDE COVERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Wtio Is An Insured, of SECTION II -LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over Which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or~ mmization or the end of the policy period, which- ever is earlier. · B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. ih A.1., Who Is An Insured., of SECTION II -LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. · PERSONAL EFFECTS K. AIRaAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT ORJ.OSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occl.lrs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision cbntained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION fl -LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. CA T3 53 0310 © 2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted materia l of Insurance Services Office , Inc . with its permission. 'COMMERCIALAUTO 2. The following replaces Paragraph b. in 8.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITION'S: b. For Hired Auto Physical Damage Cover- age, the following are de.em:ed to be cov- ered "autos'1 you own: (1') Any covered "i ~uto" you lease, hire, rent or borrow: and · (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" nam:e, with your permissi on, while perform - ing duties related to the conduct' of your business. Howey er, any.:tiauto•i that is · ie:ase1t. f;tif¢P, rented or borrowed 0with a dfiyet'l$ not a covere·d : •iauto"; D. EMPLOYEES AS INSURED The following is added <to Paragraph A,1 ., Who Is An Insured, of SECTJON n -LIABILITY cov~ ERAGE: Any "employee" of yours is an "insured" While us- ing a covered "auto" ypu don't own. hire or borrow in your t:>usinessoryourpers-c:1r'.lal affai~. E. S.UPPLEMENt~RY PAYMENTS --INCREASED . LIMITS 1. The f611owing repiaces Paragraph A.2.a.(2), of SECTION II -LIABILITY C.OVERAGE: (2) Up to $3,000 for .cost of bail bonds {in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have , to furnish these bonds'. 2. The folfowing ·repl'aces P~rag,raph .A.'2,a.(4), ofS.ECTION 11-LIASILITY.COVE~i:;E: (4) Ali reason·able expenses irtcuited by the "insured" at out request, HicTuding actual loss of earnings . up . td $500 a day be'-· cause oftiine offftom work. · · F. HIRED AUTO -LIMITED WORLDWIDE cov~ ERA GE -INDEMNITY BASIS The foll_owing· repfaces ;suqpatagr~pti '.(~Prf Pat a-- graph B. 7 ., Poifc:y 'Petf~dj ·:C,o_\f'3~ag~; Terl'ttoty; of SECTION IV' -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world., except any country or jurisdiction while any trade sanction ; em- bargo, or siniilar regulation imposed by the United States of America applies to ·and pro- hibits the transaction of busJness with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a 'period of 30 days or less and that is not an "13:.uto" you lease, hire, rent or borrow from a:ity ·C>fyour ''employees", J5artners (if you are i·a: partnership}, members:: (if yqt.1 are a li111ited ila·biJity company) ormembers of their house- -holds .. (a) With respect to any claim made or "suit" brought outside. the United States of America, the territories and possessions of the Unif~d States of Ai:nerica, Puerto Rico and. Canada: -(I} You must arrah.ge to defend the "in- sured" against:; and investigate or set- tle· any· sucl'.J , claim .or -,;suit" and keep tis advised of all ·proceedings and ac- tions. (ii) Neither you nor any other involvecl "insured" will make any settlement without our consent. (iii) We may, at our discreticin, participate in defending the; "ihsur:ed" against, or: in the settlement of, any claim or "suit''. (iv) We Will reimburse the "insured" for sums that the "insured" legally must pay as damages: because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured0 pays with our consent, but only up to :the limit described in Para- graph· c., .Limit Of Insurance, of SEC- 'TI QN 11-LIABH.JTY COVERAGE (y) We will reimburse .the "insured0 for the reasonable expenses incurred with our consent for your investiga- tion of such ·ctaims and your defense of the "insured'; against .ahy such "suit'', but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION II -'LIAl31LITY COVER- AGS, and ao f ih:addition,fo such limit. Our duty to make ·such payrnents ends when we. have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible , other insurance available Page 2 of 4 (gj:40{jj OT.he<fraveleros lnden:rniiy:Company , Includes -copyrighted material,oflnsurance··Sei'vlces Office, Inc . with Its perm ission . C'AT3 53 03 10 to the "insured" whether primary, excess cqntingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance · in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements , (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS Thefollowing is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces. the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However. the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one 0accident". I. Pl-fYSlCAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence fn Para- graph A.4.a., Tnmsportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (~) In or oh your covered "auto". Thfs coverage a_pplies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Excl.u- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: . Exclusion 3 ;a, does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags .are not covered under any war- ranty; and c. The airbags were not intentionally inflated . We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2 ;a., of SECTION IV --BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if yoli are an ihdividual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" ·or "loss". CA T3 53 0310 © 2010 The Travelers Indemnity Company , Page 3 of 4 Includes copyrighted material of Insurance Services -Office, lhc. with its perm ission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5;, Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a Written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 8.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -BUS.INESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additionar premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 20,1 O The Travelers Indemnity ·company. Includes copyrighted material of Insurance Services Office, Inc . wilh its permission . PUBLIC WORKS DEPARTMENT Timm Borden , Director CITY HAL L CUPERTINO 10300 TORRE AVENUE -CUPERTINO , CA 95014-3266 (408 ) 777-3354 -FAX (408 ) 777 -3333 Contractor : G Borto lotto & Company, In c 582 Bragato Rd San Carlos, CA 94 070 ltem/Descrietion I. Remove/Replace Fai led AC 2. Replace Mon um e nt Cover 3. Lower Man hole 4. Ra ise Ma nh o le 5 . Lower Water Va lve 6. Raise Wa ter Valve PO #2017-104 Orignial Contract A mount To ta l CCOl Revised Contract Amount Approved By: 2016 Min o r As phalt Proj ec t PROJEC T 2017-104 PO # 201 7-325 CHANGE ORDER 0 . 1 Unit TON . EA. EA EJ\ EJ\ EA TOTA L CHA NGEORDER l $110,912 .4 0 $2,604.94 $113,517.34 City of Cupertino . Unit Cost $3 17.17 $30 1.00 $30 1.00 $800.00 $301 .00 $30 1.00 QTY Total Cost 30.34 $9.622.94 -2 -$602 .00 -8 -$2408.00 -2 -$1600.00 -4 -$1.204.00 -4 -$1.204.00 $2,604.94 ~L?-1:1 51 a~e NamTo~-£\ ~ofTI) Roger Lee Ti t£?-es 1 cL~T Date l \ /,Y:// ·1 r I Assis tant D irector o f Pu blic Works Date __ / ~I /_11-_/ 1_1--__ _