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17-028 Guerra Construction, 2016 Park Pathways Improvement Project, Project No. 2017-106DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and entered into this dY'l~ day of ~ , 2018, by and between the City of Cupertino ("City"), and Guerra Construction ("Contractor"), whose place of business is at 984 Memorex Drive, Santa Clara, CA 95050. RECITALS A. City and Contractor entered into Contract P.O. 2017-425 (the "Contract"). B. The Work under the Contract has been completed. Now, therefore, it is mutually agreed between City and Contractor as follows: AGREEMENT 1. Contractor will not be assessed liquidated damages except as detailed below: NIA Original Contract Sum $ 138,217.00 Modified Contract Sum $ 175 ,000.00 Payment to Date $ 131,306.15 Retention to Date $ 6,910.85 Liquidated Damages $ 0.00 Payment Due Contractor $ 43,693.85 2. Subject to the provisions of this Agreement and Release, City will fo1ihwith pay to Contractor the sum of Forty-Three Thousand, Six Hundred Ninety-Tlu·ee Dollars and Eighty-Five Cents($ 43,693.85) under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with City as of the date of such payment. 3. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against City arising from the Contract, except for the claims described in paragraph 4 of this Document 00650. It is the intention of the paiiies in executing this Agreement and Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands , actions , causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against City, and all if its agents, employees, consultants (including without limitation Consulting Cupertino), inspectors, representatives, assignees and 2016 Park Pathway Improve ments 00 850-1 Agreement and Release of Any and All Claims transferees except for the Disputed Claims set forth in paragraph 4 of this Document 00650. Nothing in this Agreement and Release shall limit or modify Contractor's continuing obligations described in paragraph 6 of this Document 00650 . 4. The following claims are disputed (hereinafter, the "Disputed Claims") and are specifically excluded from the operation of this Agreement and Release: Claim No. Date Submitted Description of Claim Amount of Claim NONE 5. Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that, in consideration of the payment set forth in paragraph 2 of this Document 00650, Contractor hereby releases and forever discharges City, and all of its agents, employees, consultants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract 6. Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Documents. 7. Contractor shall immediately defend, indemnify and hold harmless the City of Cupertino, Santa Clara County, its Architect, any of their Representatives, and all of their agents, employees, consultants, inspectors, assignees and transferees , from any and all claims, demands, actions, causes of action , obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims set forth in paragraph 4 of this Document 00650. · 8. Contractor hereby waives the provisions of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of e xecuting the release , which if known by him , must have materially affected his settlement with the debtor. 9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal , state, county, municipal or other law , ruling, or regulation , then such · provision , or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provision s of thi s Agree m e nt and Release shall al so remain in full force and effect, and s hall be enforce abl e. 2016 Pa rk Path way Impro ve me nt s 00 850-2 Ag ree ment and Re lease o r Any and All C laim s I 0. Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release , and that it has full right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choos ing in connection with this Agreement and Release. 11. All rights of City shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release. 20 16 Pa rk Path way Imp rove ment s 00 85 0-3 Ag ree me nt and Re lease o i'Any and A ll C la im s ***CAUTION: THIS IS A RELEASE -READ BEFORE EXECUTING *** THE CITY OF CUPERTINO , a Municipal Corporation of the State of California By:~~· Timm Borden Its : Director of Public Works [CONTRACTOR) ~ ~s~::3-s By: -e:-=:::-S ~ --r ' / Name : -....1/rlML L>t,..e.rr •(-- lts: ;p {L..e_..e, I ,f::se__N'T By: ___________ _ Name: ____________ _ Its :-------------- City ---'-~-· ·_a,_;i1._M,_~_~ __ 8 __ , 20 18 Date 20 16 Park Pat hway lmpro ve m cn1s 008 50-4 Agreeme nt and Re le ase o f A ny a nd A ll C la im s 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 23735591 Regina Alcomendras Santa Clara County -Clerk-Recorder 08/23/2017 12:41 PM Titles: 1 Fees : $0.00 Taxes: $0 Total: $0 .00 Pages: 3 (SPACE ABOVE THIS LINE FOR RECORDER'S US E) NOTICE OF COMPLETION CITY PROJECT NAME: 2016 Park Pathway Improvements Project (City Project No. 2017-106) fJJ 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 Park Pathway Improvements Project (City Project No. 2017-106) 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: By: August 23, 2017 Lauren Sapudar 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 Civil Code§§ 8182 , 8184 , 9204 , and 9208 NOTICE IS HEREBY GIVEN THAT : 1. The undersigned is the agent of the owner of the project described below. 2. Owner 's full name is : City of Cupertino , Californ ia. 3. Owner 's address is : City Hall, 10300 Torre Ave ., Cupertino , CA 95014 . 4 . The nature of owner 's interest in the project is : _x _ Fee Ownership Lessee Other : 5. Construct ion wo r k on the project performed on the owner 's behalf is generally described as follows : City Project Name : 2016 Park Pathway Improvements Project City Project No.: 2017-106 6. The name of the or iginal contractor for the project is: Guerra Construction 7. The project was completed on : August 15 , 2017 . 8. The project is located at: Various park and school pathways Verificat ion : In signing this document, I, the undersigned , decla re under penalty of perjury under the laws of the State of California that I have read this notice , and I know and understand the contents of this notice , and that the facts stated in this notice are true and correct. 8/1,l /r7 : Santa Clara County Date and Place ~i---- Timm Borden Director of Public Works and C ity Engineer DOCUMENT 00520 CONTRACT Project No.2017-106 THIS CONTRACT, dated this l.1_ day of [e/?, , 2017, by and between Guerra Construction whose place of business is located at 984 Memorex Drive, Santa Clara, CA 95050. ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority vested in the Citi by the laws of the State of California. WHEREAS, City, on the l_t-j__ day of~·Ff_.__,"'b""'-'·'-~~-' 2017 awarded to Contractor the following Project: PROJECT NUMBER 2017-106 2016 PARK PATHWAYS IMPROVEMENT PROJECT NOW, THEREFORE, in consideration of the mutual covenants hereinaftet' set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Roger Lee, Assistant Director, Public Works, to act as City's Authorized Representative(s), who wiI1 represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or de]egate one or more specific functions to one or more specific City's Representatives, induding without limitation engineering, architectural, inspection and general administrntive functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contraclor obligations lo City, including without limitation, all releases and indemnities. 2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre A venue, Cupertino, California 95014 or to such other person(s) and address( es) as City shall provide to Contrnctor. Article 3. Co1itract Time and Liquidated Damages 3.1 Contract Time. The Contra~t Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Avvard. Contractor shall not do any Work at lhe Site prior to the dale on which the Contract Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Provisions) within 30 working days as provided in Document 00700 (General Provisions). All work on Pathways at school sites shall be completed v .. ,hen school is out of session. 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses)1 if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in City of Cupertino 00520 - I Contract 2016 Park Pathways Improvement Project Project No. 2017-1 JO accordance with the Contract Doclllnents. Consistent with Document 00700 (General Provisions), Contractor and City agree that because of the natul'e of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all 01· any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $300 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of lhe Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other thil'd-parties), and defense costs thereof. A1·ticlc 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance v11ith Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nnture and extent of the Contract Documents, Work~ Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or fumishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and prngrams incident thereto. 5.2 Contractor has examined thornughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, prnducts specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (Genera[ Provisions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely, Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions~ as-built conditions, underground facilities, and all other physical conditions at 01· contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies ,,1,1 ith the terms and conditions of the Contract Documents. City ofCupcrtino 00520 -2 Contract 2017 Pavement Maintenance Project -Phase 2 Project No. 2017-!06 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in 01· among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The· Contract Documents do nol violate 01· create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law: California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00002 Signature Page Document 00003 Project Directory Document 00012 Caltrans/City Cross-Reference Table Document 00100 Advertisement For Bids Document 00200 Instructions to Bidders Document 00210 Indemnity and Release Agreement Document 00400 Bid Form Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00520 Contract Document 00530 Insurance Forms Document 00610 Construction Performance Bond Document 00620 Constrnction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00670 Reliable Contractor Declaration Fol'm Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Traffic Contrnl Requirements Document 00821 Insurance Document 00822 Apprenticeship Prngram Document 00850 Technical Specifications Document 00860 General Requirements Attachment A Work Hour Restrictions Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than those listed in this Doclllnent 00520 1 Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Provisions). City ol'Cupertino 00520 - 3 Contract 20-16 Park Pathways Improvement Prqject Project No. 2017-110 Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the Cit)'· is limited and confined tb such liability as authorit.ed or imposed by the Col1tract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 el seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 Jn entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknmvledgment by the parties. 7 .6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, arc deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northern.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code ,vhich require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or tmenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be ,,.,,aived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable Iav-.r, that provision is deemed included herein by this reference(or, if such provision is required to be included in any partieulal' portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedmc Section 394 to File a motion to transfer m~y action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Pro.cedure in Document 00700, Article 12, established under the California Government Code, Title I, Division 3.6 1 Part 3, Chapter 5. Cily of Cupertino 00520 - 4 Contract 2017 Pavement Maintenance Project -Phase 2 Prnject No. 2017-106 City of Cuperlino 00520 - 5 Contrnct 2016 Park Pathways Improvement Project Project No. 2017-110 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. 2016 Par)< Pathways Improvement Project CITY: CITY OF CUPERTINO, a Municipal Corporation of the State of California Attest: Approved as to form by City Attorney: CONTRACTOR: ~ G s> [Signature] [Please print name here] Title: '.\?rf.~idtAf:· [If Corporation: Chairman, President, or Vice President] By:~---------------- [S ignature] I hereby certify, under penalty ofpe1jury, that Timm Borden, [Please print name here] Director of Public Works of the City of Cupertino was duly authorized to execute this document. Title: _________________ _ [If Corporation: Secretary, Assistant Secretary, 1mm Borden, Director of Public Works of the City of Cupertino, a Municipal Corporation of the State of California Designated Representative: Name: Roger Lee Title: Assistant Director of Public Works - Address: 10300 Torre Ave, Cupertino, CA 95014 Phone: 408-777-3354 Facsimile: 408-777-3333 AMOUNT: $138,217.00 ACCOUNT NUMBER: ,l. -:\-1) • 1'5, t 1,.,\ ~ 11a ,1'2,\ FILE NO.: ChiefFimmciul Officer, or As::;islanl Tn.::a::;urt:r] State Contractor's License No. Classification 5· 31· I'd Expiration Date Taxpayer ID No. }(o · 2LJ1&0 3W Name: <J()i V\i\Q_ (:\W1.J'}a Title: \1'~dek\::t Address: 9114 MfOOO\'.f>C \)It, &lvrtg Cla>-A CACjl;\)9 Phone: <\tlZ· 2]9-2.{) 2. I Facsimile: ~06· 71Cj· '2.0\..j 4 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNUWLEOEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED City of Cupertino END OF DOCUMENT 00520 - 6 Contract 2017 Pavement Maintenance Project-Phase 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validitv of that document. State of California County of Santa Clara ) on February 14, 2017 before me, Lydia E Arroyo Reynolds, Notary (insert name and title of the officer) personally appeared _J_a_im_e_S_G_u_e_r_ra ____________ ~--------- who proved to me on the basis of satisfactory evidence to be the person(t,) whose name,llf is/,al'E!' subscribed to the within instrument and acknowledged to me that he/sl ,e/tl ,ey executed the same in his/-her1"tlteif authorized capacity(ies3-, and that by his/her,'Hieir signature(t,) on the instrument the person(fil?, or the entity upon behalf of which the personyi') acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _____________ _ (Seal) LYDIA E. ARROVO-REYNO!.DS[ COMM. #2094483 z Notary Public · California ~ Santa Clara County ~ M Comm. Ex Ires Dec. 21, 2018 Bond No. GSM34396 Premium: $1,692.00 DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated February 3, 2017 , is in the penal sum of One Hundred Thirty Eight Thousand Two Hundred Seventeen and No/100 DOLLARS ($138,217.00)---------------- [which is one hundred percent of the Contract Price], and is entered into by and between the pat1ies listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12, attached to this page, Any singular reference to Guerra Construction Group ("Contractor"), The Gray Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: Guerra Construction Group Name 984 Memorex Drive Address Santa Clara, CA 95050 City/State/Zip CONSTRUCTION CONTRACT: SURETY: The Gray Insurance Company Name 10040 N. 25th Avenue Principal Place of Business Phoenix, AZ 85021 City/State/Zip 2016 PARK PATHWAY IMPROVEMENTS (Project No. 2017-106) at Cupertino, California. DATED: tftl\JO r_1j 3,rrA. Sum") 20 _ll in the Amount of$ 138,217.00-------------------(the "Penal Guerra Construction Group CONTRACTOR AS PRINCIPAL Company: (Corp. S:S, Signature: J5S-~ Name and Title:1.tJ1 MQ, Q\I.UTIL ~rero ct:U-,+ . 2016 Park Pathway Improvements 00610-1 The Gray Insurance Company SURETY Construction Performance Bond BOND TERMS AND CONDITIONS I. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond. 3. If there is no City Default, Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and 3.2 City has agreed to pay the Balance of the Contract Sum: 3.2. l To Surety in accordance with the terms of this Bond and the Construction Contract; or 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract. 4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City, lo 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 therefore to City with full explanation of the payment's calculation. If City 2016 Park Pathway Improvements 00610-2 Construction Performance Bond 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 of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall include, but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to, all valid and proper backcharges, offsets, payments, indemnities, or other damages; 6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's fees incurred to enforce this Bond). 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. 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 there under, 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 2016 Park Pathway lmprovcments 00610-3 Construction Performance Bond 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 ofnotice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. I 1. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from 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 performer 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 2016 Park Pathway Improvements 00610-4 Construction Performance Bond ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validitv of that document. State of California County of Santa Clara ) on February 3, 2017 before me, Lydia E Arroyo Reynolds, Notary (insert name and title of the officer) personally appeared _J_a_i_m_e_S_G~u_e_r_r_a ____________ ~-------- who proved to me on the basis of satisfactory evidence to be the person'3) whose name,'uf is/,are- subscribed to the within instrument and acknowledged to me that he/strettlmy executed the same in his~"'ir authorized capacity(iest, and that by his/l1e1/!f1eir signature'3) on the instrument the person(,llj, or the entity upon behalf of which the personyi) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _____________ _ (Seal) . (YD At ARROVO-REYNO!DS I COMM, #2094483 z Notary l'ublic • California el Santa Clara County - M~ Comm. Expires Dec. 21, 201R P ... u ... '" .. 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 Francisco on February 3,2017 before me, Brittany Kavan, Notary Public Date Here Insert Name and Title of the Officer personally appeared __________ K_. _Z_e_ro_u_n_ia_n ________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature__.'/2LLL<J,.==, ~~~=-~) ~~ryPublic Place Notary Seal Above ~~=~-----------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 D 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 . '.\\ /:.'flijlj~ 1~1ifi;fri:i~JUW.t:);J!&'H ~-,i~;"t.Slitffu_1::\wu':.\f if~T;tM,Y:i_;,~, \YA°f:ll~Y1 if.,I · n :1: frt:;_ \1~ I ~;"fj iM(cj ;!O] .-1; I I~ Ii.\,: rd:: f '.-1 I'.,, . ii' ~I 1-.:1 c,/u(d d11, 1: ! ~·-: ii~, i .~ 1,)1, 1>'1 l· i,1i:, I; 1,,:i"1ill 'l=°h'.ilf' :~r'.f111 i-:Y.:t~_,f:.\ ', 11:;M: l'i'f·.\f:1 ·'f~f,t . \ {f ··. . ... ·· .· .... ·. ·... .. . . .. -THE GRAY INSURANCE COMPANY 1:J iii: THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY 2 o 4 o 5 g :L::I ••.! KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly l:i:i 'i ., ;-i' organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint tt;,j \J: Betty L. Tolentino, Janet C, Rojo, Virginia L. Black, Kevin Re, Robert P. Wrixon, Maureen O'Connell, M. Moody, Susan Hecker, R.A. i•.:.· .. ~··il ~\{ Bass, and K. Zerounian of San Francisco, California jointly or severally on behalf of each or the Companies named above its true and lawful !J Attorney(s)-in-Pact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature ofa ~f bond, as surety, contracts ofsuretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or i'" t1· undertaking or contract of suretyship executed under this authority shall exceed the amount of$ I 0,000,000,00 i}:j ::: This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the l3oards of I}~ o\l Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26 th day of June, ~I 2003. t1 ···1' :::.I {i K~; rn !.,.; ;,· \'1;1: i1 {1 ii '.fl :> I11! ,, :;i }:! ,,11 :~!' f.l' ' "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such ofiicers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this l 2th day or September, 2011. By: ~ ~ Attest ~P#~rW,-0 State of Louisiana ss: Parish of Jefferson Michael T. Gray President, The Gray Insurance Company and Vice President, The Gray Casualty & Surety Company Mark S. Manguno Secretary, The Gray Insurance Company, The Gray Casualty & Surety Company On this 12 th day of September, 20 I I, before me, a Notary Public, personally appeat'ed Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company, and Mark S, Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of'the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. ,,,,,•'"5''.1'M/"'""',, ,.-"'~'b~·····"···~~~"' ... ,,, j .... J· ~o'T~J. ·-.\-,:i,\ ; f •.. ' i•i . j•§ ' \ . .. ' ; \111;·... PuBl.\C. •• {~Y ~, .. l'i'•• ......... ,"''i'~ ,,,,,,,,,.g!,.~1~1~'''1''' d&:---::,-::, Lisa S. Millar, Notary Public, Parish of Orleans State of Louisiana My Commission is for Life I, Mark S, Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals oCthe Companies this 3rd day of Febru,ary ~P#~r,,,.._ Mark S. Manguno, Secretary The Gray Insurance Company The Uray Casualty & Surety Company 2017. i:a. :·:-··, I :,I .I'., .Vli:o /· .. 1'. ',n! ::I ,, fi;.! f'I 'J "I l '.··J .J~!'° i); ~}I kl J_1\,:H I(~] ,' l;_,~J_:J'.1!U_)J,0J~_l'. 0 :t1:~_f'. ; Bond No. GSM34396 Premium Included in Performance Bond Project No. 2017-106 DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond") is dated February 3, 2017 , is in the penal sum One Hundred Thirty Eight Thousand Two Hundred Seventeen an.d No/10.0 DOLLARS ($138,217.00)------------ [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs I through 14, attached to this page. Any singular reference to Guerra Construction Group ("Contractor"), The Gray Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: Guerra Construction Group Name 984 Memorex Drive Address Santa Clara, CA 95050 City/State/Zip CONSTRUCTION CONTRACT: SURETY: The Gray Insurance Company Name 10040 N. 25th Avenue Principal Place of Business Phoenix, AZ 85021 City/State/Zip 2016 PARK PATHWAY IMPROVEMENTS (Project No. 2017-106) at Cupertino, California. DATED F-ebuci~ 3 ••I , 20 Jl__ in the Amount of $138,217.00----------------------(the "Penal Sum") Guerra Construction Group CONTRACTOR AS PRINCIPAL Company: (Corp. \eal) € 'sC..3 Signature: Name and Title: , )CH'fV\O G W/DR 2016 Park Pathway Improvements The Gray Insurance Company SURETY Company: (Corp. eal) Name and T tie: K. Zero 1ian, Attorney-in-Fact 00620-1 Labor and Material Bond Project No, 2017-_106 BOND TERMS AND CONDITIONS I. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to City, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and 2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety, and provided there is no City Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor, then Surety shall pay for the same, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the court. 4. Consistent with the California Mechanic's Lien Law, Civil Code §3082, et seq., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond. 7. City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be performed there under, or materials 2016 Park Pathway Improvements 00620-2 Labor and Material Bond Project No. 2017-106 or equipment to be furnished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes. 9. Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code §3249, must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set fo1th on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. This Bond has been furnished to comply with the California Mechanic's Lien Law including, but not limited to, Civil Code §§3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 13. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (I) work ofa 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 oflndustrial Relations and City to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. 2016 Park Pathway Improvements 00620-3 Labor and Material Bond Project No. 2017-106 14. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Depaitment 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 2016 Park Pathway Improvements 00620-4 Labor and Material Bond ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validitv of that document. State of California County of Santa Clara on February 3, 2017 before me, Lydia E Arroyo Reynolds, Notary (insert name and title of the officer) personally appeared _J_a_i_m_e_S_G_u_e_r_ra _____________________ _ who proved to me on the basis of satisfactory evidence to be the person(,g) whose name(,llj' is/;M'E! subscribed to the within instrument and acknowledged to me that he/strefttTey executed the same in his/-i'1efl#leir-authorized capacity(-iest, and that by his/1,erftl ,eir signature{!l) on the instrument the person~, or the entity upon behalf of which the person(ll') acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~ Signature _____________ _ (Seal) LYDIA f ARRovo:nEYN°01bs i COMM. #2094483 z Notary Public · California ~ Santa Clara County - My Comm. Ex ires Dec. 21, 2018 t 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 Francisco on February 3, 2017 before me, Brittany Kavan, Notary Public Date Here Insert Name and Title of the Officer personally .appeared __________ K_. _Z_e_ro_u_n_ia_n ________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 'and official seat. Place Notary Seal Above ---------------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 D 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 .~y; {.\G.NJ!}:I~~~~~t~:J1!~i!Jf~-t"if.~f_'.iot'.i=~i.\Ji;{n_ffi \'.l'i\i\1(1 ~ti'Ji/l~l~( \1A1:J l~l i"1'. ; : ii ii"-'1~h.1 ... \,1r:ij ,:_\1,1;11cfa·)J :1 ;j I .'1: i I ;fn1 ~,lDl: I:;,, fl;(!; ·.b;;c\l ;~1 .1,i_~it: I j !~ "~r~;1 :' i;\i!l1 !I·; I'. W• 1; r~.i;if,: II!_::_\'-'.'.. Pl 1'· ~-1.:f>/{';~~l ;J;, 1,•;•i(.j tj; i::t'1)/ "'I . ,,. THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY 204060 KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint Betty L. Tolentino, Janet C. Rojo, Virginia L. Black, Kevin Re, Robert P. Wrixon, Maureen O'Connell, M. Moody, Susan Hecker, R.A. Bass, and K. Zerounian of San Francisco, California jointly or severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature ofa bond, as surety, contracts ofsuretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or unde11aking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000.00 This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26 th day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is PURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so anixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their oflicial seals to be hereinto affixed, and these presents to be signed by their authorized officers this 12 1h day of September, 2011. By: ~ ~.. Attest ~rPl~rW,-0 State of Louisiana ss: Parish of Jefferson Michael T. Gray President, The Gray Insurance Company and Vice President, The Gray Casualty & Surety Company Mark S. Manguno Secretary, The Gray Insurance Company, The Gray Casualty & Surety Company On this 12th day of September, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company, and Mark S, Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surely Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of'their companies. .,..,,""S'111 Mi''"",,, _.,-'\11», ........ ,,f(J',-,,, /j····~o,~,1 . .''··~\ -,~I-I* 1 J*I > \ . . I ; \v'>'~ P!JBi.lC. /,.,.:+~ii ~-"'"it' .. .,,.,,,•'\t>'~:p ,,,,,,,,,,g,f,,.~.~.~.,,, .... ,,, dO;?-----.::,-::::, Lisa S. Millar, Notary Public, Parish of Orleans State of Louisiana My Commission is for Lite I, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certiry that the above and forgoing is a true and correct copy ofa Power of.Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals ol'the Companies this 3rd day of Febru,ary \\ ... ,.i,~.a.~ c y·· .... ,f "-.• -·-\~ -,;:i \o '.';; SEAL i• }., ,. .• ',)), -·-.. ~ -s-;-................ ·\. * ~P#~r,,,,_ Mark S. Manguno, Secretary The Gray Insurance Company The Gray Casualty & Surety Company 2017 ·,_r;,; . ' I ::::; ·' .,, 1::: 1·.; ;;,; .. , I r" I i'" , l;<J (' !-" ' '. DOCUMENT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS -SUBMIT IN TRIPLICATE I. Insurance Agreement -Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance agent fil: must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation -must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project -must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the insurance agent for worker's compensation only. 2016 Park Pathway Improvement Project 00530-1 Insurance Forms 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 insurance 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 certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having_a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. 2016 Park Pathway Improvement Project 00530-2 Insurance Forms LIMITS Worker's Compensation In accordance with the Worker's Compensation & Employers' Liability Act of the State of California -Worker's comp "statutory" per CA Law; Employers' Liability $1,000,000 per occurrence. 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. 6verw (O)ns\:ru C:bWI C~m, ~ (Contractor's Name) · Combined single limit of $2.0 million per occurrence; $4.0 million in the aggregate Combined single limit of $1.0 million per occurrence. Dated: t:;'.-Ot,~ 0 20J2 CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO 2016 Park Pathway Improvement Project 00530-3 Insurance Forms 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: Guerra Construction Group Santa Clara Construction & Engineering Inc Address: 984 Memorex Drive Santa Clara Ca 95050 Description of operations/locations/products insured (show contract name and/or number, if any): -----------=---==----------------========-------------=========== WORKER'S COMPENSATION Redwood Fire & Casualty Insurance (name of insurer) * Statutory Min. * Employer's Liability $ 1,000,0000 $ 1,000,000 $ 1,000,000 Insurance Company's State License No. ---=D.::Dc..7:::.96::.:7--'4'------------------ =============------======================------------------------ Check Policy Type: COMPREHENSIVE GENERAL LIABILITY [ ] Premises/Operations [ ] Owners & Contractors Protective [ ] Contractual for Specific Contract $. _______ _ [ ] Products Liability [ ] XCU Hazards Each Occun-ence General Aggregate (if applicable) Aggregate Personal Injury $ 1,000,000 $ 2 ODO ODO $ 2,000,000 [ ] Broad Form P.D. Fire Damage ( any one fire) $--'-50'-''-'-00.:...0=-------- [ ] Severability oflnterest Clause [ ] Personal Injury with Medical Expense Employee Exclusion Removed (any one person) or Self-Insured COMMERCIAL GENERAL LIABILITY Retention Mount Hawley Insurance Company (name of insurer) $ 1 QQQ $ -------- Policy No. MGL0183647 Expiration Date 04/01/2017 --------=======-------------==============--------===========-==-=== AUTOMOTIVE/VEHICLE LIABILITY BODILY INJURY Commercial Form Each Person Liability Coverage 2016 Park Pathway Improvement Project 00530-4 PROPERTY DAMAGE Each Accident T nsurance Forms $ ______ _ $ ______ _ Each Accident West America Insurance Company (name of insurer) $_______ or Combined Single Limit $ 1,000,0000 Policy No. BAW56321564 Expiration Date 04/01/2017 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 Ce1tificate 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 oflnsurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the te1ms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreemen een the City and the insured. Dated: January 27th 2017 Attach Certificate of Insurance and Additional Insured Endorsement on company forms. 2016 Park Pathway Improvement Project 00530-5 T nsurance Forms Project No. 2017-106 DOCUMENT 00630 Guaranty TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of 2016 PARK PATHWAY IMPROVEMENTS CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance; or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work conected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the cotTection period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. All abbreviatious and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents, including, without means of limitation, Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the 2016 Park Pathway Improvements 00630-1 Guaranty Project No. 2017-106 Contract Documents and at law with respect to Contractor's duties, obligations, and perfonnance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. Address &l..V\.p. Q,\(h'.23 C1A: 9 Q)st) City/State/Zip 2016 Park Pathway Improvements Date f-cllict.d 3~ Zc,)J END OF DOCUMENT 00630-2 Guaranty ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara on February 3, 2017 before me, Lydia E Arroyo Reynolds, Notary (insert name and title of the officer) personally appeared __ Ja_i_m_e_S_G_u_e_r_r_a ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(,el) whose nameW isl.ME'!' subscribed to the within instrument and acknowledged to me that he/strefthey executed the same in his/flefftfleir authorized capacity(-iest, and that by his/1,em'lhefr signature!)l) on the instrument the person(.s1, or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _____________ _ (Seal) LYDIA t. A\1R00YO·REYll0I.DS t COMM. #2094.483 i/i Notary Public . California 0 Santa Clara County - M Comm. Ex ires Dec. 21, 201R t 2016 Park Pathway lmrpvement Project Location List SCHOOL LOCATIONS SCHOOL MANE ADDRESS FARIA MIDDLE SCHOOL 10155 Barbara Lane STEVENS CREEK ELEMENTARY 10300 Ainsworth Dr KENNEDY MIDDLE SCHOOL 821 Bubb Rd EATON ELEMENTARY SCHOOL 20220 Suisun Dr HYDE MIDDLE SCHOOL 19325 Bollinger Rd LINCOLN ELEMENTARY 21710 McClellan Rd GARDEN GATE ELEMENTARY 10500 Ann Arbor Ave REGNART ELEMENTARY 1170 Yorshire Dr PARK LOCATIONS VARIAN PARK 22220 VARIAN WAY MEMORIAL PRK 21251 Stevens Creek Blvd SOMERSET PARK Stokes Ave PORTAL PARK N Portal Ave CREEKSIDE PARK 10455 MILLER AVE LAWRENCE TRAIL Lawrence Expressway THREE OAKS PARK 7535 SHADOWHILL LN TOTAL ATIACHMENT A Remove/Replace AC (SF) Seal Coat (SF) 1293 1328 179 56 492 325 1074 320 780 456 599 0 849 704 1726 0 594 0 1289 0 27 0 1485 0 1490 0 383 0 1100 0 9557 6994 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 1/27/2017 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 tho cortlflcato holder Is an ADDITIONAL INSURED, tho pollcy(los) must bo endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the cartllcate holder In Heu of such endorsemantfsl. PRODUCER ~fai~ci Toni Mendez Leavitt Pacific Insurance Brokers I r,.HJ'N~,o c..ti, (408)288-6262 If.A~ Noi: {408)298-7635 License #OD79674 f~o"i:~s: toni-mendez@leavitt.com 1330 S BascOm Ave INSURED 1S1 AFFORDING COVERAGE NAIC# San Jose CA 95128 INSURER A :Mount Hawley Insurance Comnany 37974 INSURED INSURER e :West American Insurance Companv 44393 Guerra Construction Group INSURER c :Mercer Insurance Comnany 14478 Santa Clara Construction & Engineering, Inc. INSURERD :Redwood Fire & Casualtv Insurance 11673 984 Memorex Drive INSURERE :Rockhill Insurance Companv 28053 Santa Clara CA 95050 INSURERF :Ohio Securit~~ Insurance Comoanv 024074 COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR I r&Rb!g'!~!!'~ 1,:mti~ LIMITS LTR POLICY NUMBER X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ' 1,000,000 ~ tJ CLAIMS-MADE w OCCUR ~~~~~iJ9E~~~i~?ence1 A $ 50,000 ~ X ~ MGL0183647 4/1/2016 4/1/2017 MED EXP (Any one person) ' 1,000 ~ PERSONAL &ADV INJURY ' 1,000,000 GEN'l AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ' 2,000,000 Fl 0PRO D,oc PRODUCTS-COMP/OP AGG ' 2,000,000 POLICY JECT OTHER: Employee Benefits ' 1,000,000 AUTOMOBILE LIABILITY ~OMBINED SINGLE LIMIT ' 1,000,000 -Ea accident\ X ANY AUTO BODILY INJURY (Per person) $ B -ALL OWNED ~ SCHEDULED AUTOS AUTOS X BAW56321564 4/1/2016 4/1/2017 BODILY INJURY {Per accident) s ~ ~ NON-OWNED fp~?:tc~Je~t~AMAGE HIRED AUTOS AUTOS s -~ Underinsured motorist $ X UMBRELLA LIAB Fl OCCUR EACH OCCURRENCE $ 5,000,000 - C EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 OED I X I RETENTION$ 10,000 27303160 4/1/2016 4/1/2017 $ WORKERS COMPENSATION X I ;f:TUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? D (Mandatory In NH) y GUWC704405 4/1/2016 4/1/2017 E.l. DISEASE -EA EMPLOYEI • 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT ' 1,000 000 E Pollution Liability ENVP00809102 2/5/2016 1/29/2017 5,000;000 F Rented Leased Equipment BKS1756321564 10/10/2016 10/10/2017 275;000 DESCmPTION OF OPERATIONS/ LOCATIONS /VEHICLES {ACORD 101, Adcllllonal Remarks Schaclula, may be attached If more spa ca Is required) RE various Locations The City of Cupertino; and its directors, officers, engineers, agents and employees & all public agencies form whom permit will be obtain & its directors, officers, engineers, agents and employees are named as additional insured per GL endorsement attached. CERTIFICATE HOLDER City of Cupertino 10300 Torre Cupertino, ACORD 25 (2014/01) INS025 (201401) Ave CA 95014 CANCELLATION SHOULD ANY OF TI-IE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE TI-IEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH TI-IE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Fred Stafford/YVVALD r.-;~~.,~A ,:;-:,,--<-'' _;;;:~~~#-- .,:, •<'"·-' © 1988-2014ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: MGL0183647 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations: All persons or organizations where required All Projects by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liabillty for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the In- surance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or re- pairs) to be performed by or on behalf of the addi- tional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to Its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Insured Page 1 of 2 C. With respect to the insurance a/forded to these additional Insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of Insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20100413 © Insurance Services Office, Inc., 2012 Insured Page 2 of 2 Policy Number: MGL0183647 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Location and Description of or Organi:zatlon(s) Completed Operations All persons or organizations where required All Projects by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard 11 • However: 1. The insurance afforded lo such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional Insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Insured Page 1 of 1 Policy Number: MGL0183647 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance (2) You have agreed in writing in a contract or agree- ment that this insurance would be primary and would not seek contribution from any other in- surance available to the additional insured. This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 © Insurance Services Office, Inc., 2012 Insured Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04108 (Ed. 9-14) ·---------··· WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We wlll not enforce our right against the person or organization named in the Schedule. (This agreement applies only 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% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. BLANKET WAIVER Person/Organization Job Description All CA Operations SCHEDULE Blanket Waiver -Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Waiver Premium 10363.00 This endorsement changes the policy to which it is attached and Is effective on the date issued unless otherwise stated. (The lnfottnatlon below Is required only when this endorsement is issued subsequent to preparation of the pollcy,) Endorsement Effective 04/01/2016 Insured Policy No. GUWC704405 Insurance Company Redwood Fire And Casualty Insurance we 99 0410B (Ed. 9-14) Countersigned by Endorsement No, Premlum $ Policy Number BAW56321564 COMMERCIAL AUTO CABB 10 0113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT ACCIDENTAL AIRBAG DEPLOYMENT AMENDED DUTIES iN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS AMENDED FELLOW EMPLOYEE EXCLUSION AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE BROAD FORM INSURED BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (including employee hired auto) EXTENDED CANCELLATION CONDITION EXTRA EXPENSE -BROADENED COVERAGE GLASS REPAIR -WAIVER OF DEDUCTIBLE HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) HIRED AUTO COVERAGE TERRITORY LOAN / LEASE GAP PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) PERSONAL EFFECTS COVERAGE PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE RENTAL REIMBURSEMENT SUPPLEMENTARY PAYMENTS TOWING AND LABOR TWO OR MORE DEDUCTIBLES UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II -LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED PROVISION NUMBER 3 12 19 5 13 1 22 2 23 10 15 6 20 14 16 11 8 9 4 7 17 18 20 SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; CABB 10 0113 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, paragraph A.1. · WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess· over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE, paragraph A.1. · WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II -LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II -LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION Ill • PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION Ill • PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or CA 88 10 01 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like ·kind and quality, minus a deductible. · · B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE, paragraph A.2. TowinQ, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 CA 88 10 01 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto 11 for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE · BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION 111 • PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V -DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carriec by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill • PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturers warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 dedu.ctible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V -DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. CA 88 10 01 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 15. GLASS REPAIR· WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 ibs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION 111 PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. © 2013 Liberty Mutual Insurance CA88100113 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V -DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V-DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. -CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. CA 88 10 01 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 2016 PARK PATHWAYS IMPROVEMENT PROJECT PROJECT NO. 2017-106 CONTRACT CHANGE ORDER NO. 01 CUPERTINO DATE: 1/9/18 Contractor: Guerra Construction 984 Memorex Dr Santa Clara, CA 95050 The following changes are hereby approved, notwithstanding language in an y attachment to the contrary. Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work describ ed herei n for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact , inefliciency, acceleration, extended overhead. increased supervision, compression and all other factors affecting cost arising from th e subject Change Order is hereby released and waived by all Subcontractors and suppliers ct all tiers. Item Number Description Unit 3-CCOI Remove/Replace LS I 18 .98 Additional tons of AC TOT AL CHANGE ORDER NO. I ORIGINAL CONTRACT AMOUNT: CHANGE ORDER NO. I : REVISED CONTRACT AMOUNT: APPROVED BY: Contractor: Signature Z ~~l_ /'- Name:~~.\ LJ Title: ~ ;.eJ\......-' L.'.?'\"\ rr-. 6...°T'6._,___ Date: 1 I~\ l K ----~~------ $138 ,217.00 $36,783.00 $175,000.00 Unit Cost $36,783.00 City of Cupertino Total Cost $36,783 .00 fyU)-')-~-~6 . i z,{ fV 1)r[ ,l '-(~ ?~~ "~imm Borden /v -Director of Public Works Date: \} l '8 / l'a I