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17-112 Granite Rock, Regnart Rd Slope Stabilization Project, Project No. 2017-23RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 .,.,. 'i ~· 23797162 Regina Alcomendras Santa Clara County -Clerk-Recorder 11/08/2017 11 :39 AM Pages: 3 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27283 NOTICE OF COMPLETION CITY PROJECT NAME: Regnart Road Slope Stabilization (City Project No. 2017-23) )q7 Original D For Fast Endorsement CUPERTINO Recording Requested By: When Recorded Mail To: City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 SPACE ABOVE THIS LINE IS FOR RECORDERS USE NOTICE OF COMPLETION Civil Code §§ 8182, 8184, 9204, and 9208 NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is the agent of the owner of the project described below. 2. Owner's full name is: City of Cupertino, California. 3. Owner's address is: City Hall, 10300 Torre Ave., Cupertino, CA 95014. 4. The nature of owner's interest in the project is: __K_Fee Ownership Lessee Other: _______ _ 5. Construction work on the project performed on the owner's behalf is generally described as follows: City Project Name: Regnart Road Slope Stabilization (City Project No.: 2017-23) 6. The name of the original contractor for the project is: Granite Rock Company 7. The project was completed on: September 29, 2017 8. The project is located at: Regnart Road approximately 2000 feet west of Bubb Road, Cupertino California Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. November 8, 2017; Santa Clara County Date and Place ~ Signature Timm Borden Director of Public Works "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 November 8, 2017 for CITY PROJECT NAME: Regnart Road Slope Stabilization (City Project No. 2017-23) and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on November 8, 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: November 8, 2017 By: d~ Lauren Sapudar Senior Office Assistant l'mj c ct N o . 20 I 7-23 DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS REGNART ROAD SLOPE STABILIZATION PROJECT PROJECT NUMBER 2017-23 THIS AGREE MENT AND RE.LEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and entered into this 8th day of November, 2017, by and between the City of Cupertino ("City"), and Granite Rock Company ("Contractor"), whose place of business is at 5225 Hellyer Avenue, Suite 220, San Jose, CA 95138 . RECITALS A . City and Contractor entered into Contract Number 2018-2 (the "Contract"). B. The Work Lmder the Contract has been completed. Now, therefore, it is mutually agreed between City and Contractor as follows : AGRE EME NT I . Contractor will not be ass essed liquidated damages except as detailed below: Original Contrac t Sum Modified Contract Sum Payment to Date Liquidated Damage s Payment Due Contractor $ 357,418 .00 $ 372,643 .2] $ 354,011..05 $ N/A S 18,632 .16 2. Subje~t lo the provis ions of this Agreement and Release, City will forthwith pay to Contractor the s·urn of Eighteen Thousand , Six Hundred and Thirty-Two Dollars and Sixteen Cents {$18,632.16) under the Co.ntra ct , Jess any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with City as of the date of such pay ment. 3. Contractor acknowledges :a nd hereby agrees that there are no unresolved or outstanding claims in dispute against City arising from the Contract, except for tbe claims described in paragraph 4 of this Document 00650 . It is the intention of the parties in executing this Agreement and Release that this Agreement and Release s ha ll. be effective as a full, final and general release of all cla ims , demands, actions , causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against City , and al.! if its agents, employees, consultants (incl.uding without limitation Consulting Cupertino), inspectors, representatives, assignees and iransferccs except for th o Disputed Claims sc.t forth in parag raph 4 of thi s Docume nt 00650 . Nothing in thi s Agreement and Relea se shall limit or modify Contractor's continuing obligations d escribed in para graph 6 of this Document 00650 . City of Cup ertino 00650 · I Agr eem ent and Rele ase of An y and All Claim s REG NART ROAD SL OPE STABILJZATION PROJECT Prnjecl No .2017-2 3 4. The following claims are dispulcd (hereinafler, the "Disputed Claims") and are specifically excluded from the operation of this Agreement and Release : Claim No. Date Submittg_g De~.9IJP.tio11 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 for1h in paragraph 2 of this Document 00650 , Contractor hereby releases and forever discharges -city, and all of its agents , employees., consultants , inspectors, assignees and tran sferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature a ri sing 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 harmles s the City of Cupert in o, Santa Clara County, its Arch itect , any of their Representatives, and all of th eir agents , employees, consultants , inspectors , assign ees and transferees , from any and all claim~, demands, actions, causes of action , obligations, costs, expenses, dumagcs, lo sses and liabilities that may be asserted against them by any of Contruetor's sup pl iers and/or Subcontractors of any tier and/or any supp licrs 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 thi s Document 00650 . 8. Contractor hereby wa ives 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 lmow or suspect to exist in his favol' at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor. 9. The provisions of th.is 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, s tate , county, municipal or other law, ruling , or regulation, then such provi sio n, or part !hereof shall remain in force and effect only to the extent permitted by law , and the remaining provisions of this Agreement and Release shall also rema in in fu ll force and effect, and shall be enforceable . 10 . Contractor represents and warrants that it is the true and lawful owner of all claims. and other matters released pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument. Each party represents and warrants that it ha s been represented by counse l of its own choosing in connection with this Agreemeut and R.dease. 11. All rights of City shall survive completion of the Work or termination of th e Contract, and execu tion -0f this Agreement and Release. City of Cupertino 00650 -2 Agreement and Rel ease of t\ny and AU Claims REGN ART ROADS LOPE STAE31LIL.AT ION PROJECT Project No . 20 17-23 ***CAUTIO N: THIS IS A RELEASE -READ BEFORE EXECUTING*** THE CITY OF CUPERTrNO, a Municipal Corporation of the State of Cal ifornia By:--------------- Name:--------------- Its : _______________ _ REVfE WED AS TO FORM: ~ City Attorney ~~.>....1,-l\__,\.,___L::..,..:~~___,, 20 END OF DOCUMENT C ity of Cupertino 00650 -J Agreemerr l and Release of Any and All Clai ms REGNARTROAD SLOPE STABILIZATION PROJECT DOCUMENT 00520 CONTRACT Project No. 2017-23 ~Ji g.,o I g -1- {)0 ef ,to \~-\ <;i.- THIS CONTRACT, dated this 11_ day of ';)1J.-.t , 2017, by and between Granite Rock Company, whose place of business is located at 5225 Hellyer Avenue,~ San Jose, CA 95138 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the 6th day of July, 2017 awarded to Contractor the following Project: PROJECT NUMBER 2017-23 REGNART ROAD SLOPE STABILIZATION PROJECT NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated John Raaymakers to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 City has designated Cotton, Shires & Associates, Inc. as the Engineering Consultant. City may change the identity of the Engineering Consultant at any time with notice and without liability to Contractor. 2.3 City has designated CSG Consultants, Inc. to act as Construction Managers. City may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.4 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Ton-e Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. 3 .1 Article 3. Contract Time and Liquidated Damages Contract Time. The Contract Time will commence to nm on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to nm. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) by October 1, 2017 . City of Cupertino 00520 -I Contract REGN ART ROAD SLOPE STABILIZATION PROJECT Project No . 2017-23 3.2 Liguidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $2,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3 .2 .2 $3,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND HOURS. 3.2.3 Three Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. Contractor should be aware that California Department of Fish and Wildlife, and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species . Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements. 3 .3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5 .1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5 .2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. City of Cupertino 00520 -2 Contract REGNART ROAD SLOPE STABILIZATION PROJECT Project No .2017-23 Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California . 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein . The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: City of Cupertino Document 00400 Bid Form Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00510 Notice of Award Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notice to Proceed Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00821 Insurance Technical Specification/Special Provisions Addenda(s) Drawings/Plans 00520 -3 REGNART ROAD SLOPE STABILIZATION PROJECT Contract Project No. 2017-23 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7 .2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq . 7.4 The Contract Sum includes all allowances (if any). 7 .5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U .S.C . § 15) or under the Cartwright Act (Chapter 2 ( commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7 .6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/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 3 700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent pennitted by applicable Jaw. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7 .8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims City of Cupertino 00520 - 4 Contract REGNART ROAD SLOPE STABILIZATION PROJECT Project No. 2017-23 Procedure in Document 00700, Article 12, established under the California Government Code, Title I, Division 3.6, Part 3, Chapter 5. City of Cupertino 00520 - 5 Contract REGNART ROAD SLOPE STABILIZATION PROJECT Project No.2017-23 IN WITNESS WHEREOF the parties have executed this Contract in duplicate the day and year first above written. REGNART ROAD SLOPE STABILIZATION PROJECT CITY: CITY OF CUPERTINO, a Municipal Corporation of the State of California Attest: E3AU3vy jJ J -2-r-/7 City Clerk: Grace Schmidt Approved as to form by City Attorney: /g)I\ wr ct~ Attorney: Randolph Stevenson Hom I hereby certify, under penalty of perjury, that David Brandt, City Manager of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino. avid Brandt, City Manager of the City of Cupertino, a Municipal Corporation of the State of California Designated Representative: Name: Timm Borden Title: Director of Public Works Address: 10300 Torre Ave., Cupertino, CA 95014 Phone : 408-777-3354 Facsimile : 408-777-3333 AMOUNT : $357,418 ACCOUNT NUMBER: 270-85-821-900-990 FILE NO.: 2017-23 CONTRACTOR: Thomas Squeri [Please print name here] Step~en Snodgrass [Please print name here] Title: Vice President & CFO [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] License 1/22 State Contractor's License No . April 30, 2019 Expiration Date Class A,B with Haz Classification Taxpayer ID No. 94-0519560 Name:------------------ Title: ------------------ Address :----------------- Phone : ------------------ Facsimile:----------------- NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED . IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED A \70~ ,io ,0 -\Cil/ CbJ END OF DOCUMENT q_ ~ 7'~~ 00520 -6 City of Cupertino Contract REGNART ROAD SLOPE STABILIZATION PROJECT EXHIBIT A Contr.actof'.s Name: Granite Rock Com12any DOCUMENT 004.o·o BIDFOlU'l 'Project :&o, 2d 17·23 To be !iubmitted as ·part of Envelope ·"N' by t~e time all,d .date sp~cified in Document 00200 ' (lnstructions to Bidders). TO 'THEHONORABLE CITY COUNCIL OF THE ciTY Oli' CUPERTINO THIS ;BID lS SUBMITTED B.Y; Granite Rock Company (Firm/Comp{lny Name) Rec PR'.O,ntCT NXJMBEI~: l017-23' REGISART JtOAI) SLOPE STABILIZA'.I'ION P,ROJECT I. The . undersigned Bidder proposes .and agrees, if this Bid is aqcel)ted, to enter into a contract with the City of C,Upertino ("City'1) in tp~ form incltlded in the , Contra9t Doc~mentit, Doc~ment 00520 (Contraot)7 to· pecl'onn aijd furnish all Work ·as ,speo.iiled oi' indicated in .the Conttact Oocun:mnts for the Conttao·t Sum an4 within th.a Co,nttaot Time indicated in thi~ Bid tlnd in accordance' with all other terms ·and conditions· of the .Contract Dpcuments. All portions Qf*~s Bid Fonn ftlµst he. ~ompleted and si_gne'd before the ·bid inubmitted .. Failure t!'>. ·d9 so will result in the-bitl b~lng reje_cted as non.i-esppnsive. 2. Bid4er:aoce_pts alt of the tenns ittid conditions of'the Contraot Documents •. .Dooument 00100 (~dven,ls.ement for Bids), i\lld Docun:i.~nt 00200 (J~sttuctions to Bidders), -including, without limitatio.n, those d~a-ing with the d~sposltfon of Bid Security, Thl's Bld will remain 3ublect t9 acceptance for 29 pays after the AD:I ,of Bid opening .. ·3. .Biddi,r ha~ visited the Site and performed all tasks, research; Investigation, reviews, eicaminntiQns, .and ~naly~is and .given.hotii;:es, regarding the Projeot a~q the Site. as set forth in .Docummit. OOS.20 (Contract), .. Article S. ·4. .Bidder llas given City · prompt written notice of all conflicts, errors, ambiguitie.s, or disorepanpie~-that 'it' ha$ disooyere.d ln or amofig the 9onttact Docume.nts ~nd ILS'..-built drawings and actu .al OQil.ditions and the wri°U()n . reso1ution: ther~of thro4gh Addenda issqed'by City is. acceptable -to Contractor. 5. Bidder .at.tended· the ~1on-n1undat9ry Pre-Bld Me-eting, YESL NO ·6. Subcon.tnictors for work inc'lil~ed \fl 1.tll Bid:iteirtil, in a~.cord'anoe With the criteria in the .Public Contract Code~ are ·lfate.d on the ~ttach.ed Oopument 00430 (Subi,iontraotors List). 7. The undersigned Bidder .. und~1·stand~ ··that C{fy :resc1V~s ~he right .to reject thfs Bid. 8. If written notfoe o'fthe a~ceptance of this B.id, herelrt~ftert~f.erred to. aii Notioe ·of Awar~ Is mailed or dollvered, to the \U\d~rsigned Bidder within . the time de~clibed in parag'raP.li 2 ~f'this Document 00400 or at any other time. thereafter b.efore it is w.ithdra'?Vll, the vnclersigneci B1ddor wil .1 eie.cute and deliver the documents r~uired· by Document Q02DO (Insti'uct!ons to. Bldc;ler!;) withh1 the tlmes 11pec1fied th~rein. These doeuments include, bt1t ·nre not limited to~ Document oos2·0 (Confr~ct}, Docutneint 00610 (Construction Pe1fonnance Bond), and Document 00~20 {Consftuotion Labor '1nd Mnteri~l P?yment Bond). 9. Notl.ce of Aw!li'd or k'!lquest fui' additipnal infotmation may be adclressed to tho undersigned Bidde,; at the addrt,,ss -set forth bet.ow on ·tµ~ signature; pa:ge. City of.Cupertino REON ART ROAD SLOPE STABXLtZATIO'N. PROJECT BidF.ot'm 00400 • 1 EXHIBIT A Contractor's Name: Granite Rock Company --------~-"-----Project No. 2017-23 10. The undersigned Bidder herewith encloses cash, a cashier 1s check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent (10%) of the total of Base Bid and made payable to the "City of Cupertino". 11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Doct1ment 00700 (General Conditions) and to complete all work within the time specified in Document 00520 (Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents. 12. The \Uldersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00520 (Contract) shall be as set forth in Document OOS20 (Contract). Clty of Cupertino Bid Fonn REONART ROAD SLOPE STABILIZATION PROJECT 00400 • 2 EXHIBIT A Contractor's Name: _G_r_an_ite_R_o_c_k C_o_m...c...p_an_a..y __ _ Project No . 2017-23 SCHEDULE OF BID PRICES All Bid items, including lump sums and unit prices, must be filled in completely. Allowances and Alternative Bid items are described in Document 00800 (Special Conditions). Quote in figures only, unless words are specifically requested. i,tkil{lt ,lTJDM r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Mobilization LS Clearing and Grubbing / Site Preparation LS Traffic Control LS Saw Cutting LF Remove Tree EA Install Drilled Piers (measurement is the total vertical length of all iers LF Concrete Lagging SF Retaining Wall Backdrain w/Cleanouts LF Drop Inlets EA Storm Drain Pipe in Trench: LF Storm Drain Pipe on Slope, staked LF Rip-rap ( 12 pieces) EA Excavate/Off-haul Spoils (in-place volume)-See note below CY Install Backfill (compacted volume)-See note below CY Install 311 AC Pavement and 911 AB SF Install Caltrans Type A AC Dike LF Implement Best Management Practices for Storm Water Pollution Prevention and Erosion Control LS 110 426 300 52 3 18 65 2 120 15 170 112 Install Erosion Control Blanket and Hydroseed to All Areas Disturbed b Construction Activities LS 1 TOTAL BASE BID Total Bid in Words: "'-fE.c'.-U; " c e. ·- e..\0,.\.--..-\-~~ + \-..:)0 100 -------------- Note: Grading Volumes are In Phtte Volumes (Bank or Excavation and Off-Haul, and Compacted for Fill). Volume Calculations for Payments Will be Based on On-Site Surveys of Pre-Construction, Excavations and Finished Grade. Under No Circumstances will Truck Counts be used for Calculating Quantities. Unit Legend LS=LumpSum EA"' Each LF = Linear Feet TON= Ton or 2,000 Pounds AL = Allowance SF "" Square Feet CY"" Cubic Yards LB= Pounds - City of Cupertino Bid For m REGNART ROAD SLOPE STABILIZATION PROJECT 00400 -3 EXHIBIT A Contractor's Name: Granite Rock Company P~ojectNo. 20l1"23 ACKNOWLEDGEMEN'.1' OF IUtCEIPT OF ADDENDUMS Bidder .herbyapknowle~ges receipt and examination Qf.aU Contract Do.oumei,\ts and the fc;ilQwfn·g Addend11: ' . Add~rtdumNo. Addendum Date 1 June 21, 2017 B.idder proposes ana agrees to fuIIy perform the 'Work within tbe thnd stated and· in strict accordance.witb .the Contract Dbouments for the·sums of money ·U~ted µi this Bid Forni. NAME OF BIDDERt Granite Rock Company licensed in a,::cordqnce.wilh an.fl.o1t fur the ri,sistration of Contractors,. and with license number:·_#_2_2 _______ _ Explratlon Date: April JO, LU 9 . DIR Registratton NQ.:;._1_0_00_0_0_0_2_3_9 ______ ~ California Please see the attached "Officers W~ere incorporated, if applieijbJe of the Company ." Principal B I ~~.ftjfy ( or declare) Qnder penalty of perjury .unµer the laws 9f t e te. ·of Califorpill; th.at the foregoing is tru(:! n)ld .o.orrebt NOT~; If Bid4er is a Mrporati()n, se.t fQJ1}l th,e lega"J ·m1me of'the corporatiop, ·lltate wfaire i11,corporate·t1, tog er With the ·sfgnat'lJre· of tlie· officer or offic~rs authorized . to sign .contracts. on ,behalf of tlte. co1porntion. If Btcider is ~ paftncm1hip. set ,forth the name of the f~ together \Vitb the signature of thlr partrier or pnrtners authorized. to ·Sigll contt:acts on behalf of ·the partnership .. BusinesS:.Addr.Ms: 5225 Hellyer Avenue, Suite #220 Of(tc~rs authorized to ·sigi,..contt'a_cts: Telephone Number(s)i Fax. N.umber{s).: E~Mail Addre.ss: San Jose, CA 95138 Please see the attached Corporate Resolution for signers. T@l.'ld ·Full Name.: 08) 574-1400 . (408) 365-9548 estimating@graniterock.com END OF DOCUMENT .Chy. of Cupertino REGNA,It't ROADS.LOPE STABIL!ZATlON' .PROJECT Bid Fonn 004()Q-4 Chairman of the Board President & CEO Vice President & CFO Vice President, General Counsel Secretary Executive Vice President, Construction Division Executive Vice President, Material Plants Division Executive Vice President, Aggregate Division Vice President, Duilding Materials Vice President Hmnnn Resource Services Vice President Environmental, Quality, Safety, Geology EXHIBIT A ~ Graniterock. Granite Rock Compnny Incorporated in the State of California · OFFICERS OF THE COMPANY Mark Kaminski 350 Technology Drive Watsonville, CA 95076 Thomas Squeri 350 Technology Drive Watsonville, CA 95076 Stephen Snodgrass 350 Technology Drive Watsonville, CA 95076 Kevin Jeffery 350 Technology Drive Watsonville, CA 95076 Rodney Jenny 120 Granite Rock Way San Jose, CA 95136 Rfoh Sacher 350 Technology Drive Watsonville, CA 95076 Henry Ramirez 350 Technology Drive Watsonville, CA 95076 Gregory D. Diehl 350 Technology Drive Watsonville, CA 95076 Shirley Ow 350 Technology Drive Watsonville, CA 95076 Charles A. Johnston 350 Technology Drive Watsonville, CA 95076 5225 Hellyer Avenue, Suite 220, San Jose, CA 95138 I 408.574.1400 I Fax 408.365.8349 www.granlterock.com • Monterey County • San Benito County • San Mateo County • Santa Clara County • Santa Cruio: County • Alameda County EXHIBIT A ~ Graniterock CERTIFICATION OF CORPORATE RESOLUTION The directors of Granite Rock Company, a corporation organized and existing m1der the laws of the State of California, duly approved, on March 18, 2016, in accmdance with the Articles of Incorporation and Bylaws of the corporation, the following resolution: RESOLVED, that each of the following persons is fully authorized to sign bid and contract documents on behalf of Granite Rock Company, doing business as Graniterock, and to bind the corporation with respect to such documents: Greg Diehl Kevin Jeffery Rodney Jenny Aaron Johnston Mark Kaminski Shirley Ow Henry Ramirez Rich Sacher Steve Snodgrass TomSqueri I, Kevin Jeffery, Vice President and Secretary of Granite Rock Company, do hereby certify that I am the Vice President and Secretary of such corporation, and that the above resolution was duly adopted by the Board of Directors of such corporation, and that such resolution has not been revoked or rescinded. In witness whereof, I have hereunto subscribed my name and affixed the seal of such corporation. Dated;=s-v\)'--{ \ Ve "Zc)l / • City and County of San Francisco Equal Opportunity Employer P.O. Box 5000 I Watsonville, CA 95077-500 I 831.768.2000 Fax 831.768.220 I www.granlterock.com 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 L t, . ) County of ':clj\ !'21 ~lt\A'Z., ) On TuLu l L 2D 11-before me, 1o naru WeopvLL~, Na W(tltj -r:hblic . J Date ~ Here Insert Name and Title of the Officer personally appeared i.rn.Wla) ~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. a BRIANA MICHELLE WAGONER Commi11ton, 2121504 ~ Notary Public -California f z Santa Cruz County -J. • • o o J'l ~0,"J [x~r!s 28f V :}&131 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Tb~;L~~ 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 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 CaliforniaL . County of SJn {!lJ_ {;;UA_ L.- On 1ultA // 1 W/1 1 Date Here Insert Name and Title of the personally appeared ---~--""'~"-· -=---.,e_{_,______,9r/=-.c..-=cn1.,,<'ii_...q'-l-'1t'-"a"----"----"'.1>=------------ 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. a BRIANA MICHELLE WAGONER Commission# 2127604 j Notary Public -California ~ ) Santa Cruz County .. • • • • • 61 aaz-e •': :•i t1 ·J%1 !I Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~,'],q_ w~ Signature of Not~ ublic 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 DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ("Bond ") is dated July 12 , 2017 Three Hundred Fifty Seven Thousand Four Hundred Eighteen & 00/100 Dollars ($357 ,418.00) Project No.2017-23 Bond#: 30012143 Premium : $1 ,072.00 , is in the penal sum of ------------------------[which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs I through 12 , attached to this page. Any singular reference to Granite Rock Company ("Contractor"), Western Surety Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: Granite Rock Company Name 5225 Hellyer Avenue , Suite 220 Address San Jose , CA 95138 City /State/Zip CONSTRUCTION CONTRACT : SURETY: Western Surety Company Name 555 Mission Street , Suite 200 Principal Place of Business San Francisco , CA 94105 City /State/Z ip REGNART ROAD SLOPE STABILIZATION PROJECT PROJECT NUMBER 2017-23 at Cupertino, California. DA TED on or about July 5 , 20~ in the Amount of$ ____ 3_57_._41_8 _______ (the "Penal Sum") SURETY Company: BOND TERMS AND CONDITIONS I. Contractor and Surety, jointly and severa ll y, 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 al l of its obligations under the Construction Contract, Surety and Contractor shall have no ob lig ation under this Bond. 3. If there is no City Default, Surety's obligation under this Bond sha ll 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: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or City of Cupertino 00610 -I Co nstruction Performance Bond REGNART ROAD SLOPE STABILIZATION PROJ ECT Project No. 2017-2 3 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 al Suret y's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City , to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4 .2, 4.3 or 4.4 , below); or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided , that Surety may not select Contractor as its agent or independent contractor without City 's consent; or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and , upon determination by City of the lowest responsible bidder , arrange for a contract to be prepared for execution by City and the contractor selected with City 's concurrence , to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract ; and, if Surety 's obligations defined in paragraph 6, below, exceed the Balance of the Contract Sum , then Surety shall pay to City the amount of such excess; or 4.4 Waive its right to perform and complete , arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances , and, after investigation and con s ultation with Cit y, determine in good faith its monetary obligation to City under paragraph 6, below , for the performance and completion of the Construction Contract and , as soon as practicable after the amount is determined , tender payment therefor to City with full explanation of the payment's calculation. If City accepts Surety 's tender under this paragraph 4.4 , City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default . If City disputes the amount of Surety 's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety 's liability under paragraph 6, below. 5. If Surety does not proceed as provided in paragraph 4 , above , then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including , without limitation, and by way of example only , rights to perform wo rk, protect work, mitigate damages, advance critical work to mitigate schedule de lay , or coordinate work with other consu ltants 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). C ity of Cupertino 00610 - 2 Con struction Performance Bond REG NART ROAD SLOPE STABILIZATIO N PROJE CT Project No.20 17-23 7. No right of action shall accrue on this Bond to any person or e ntit y ot her than C it y or it s successo rs or assigns . 8. Surety hereb y waives noti ce of any change , alteration or addition to the Co nstru ctio n Co ntract 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 chang es to the Con tra ct. No exte nsion of time , cha nge , alteration , modification , deletion , or addition to the Co ntract Document s, or of the work required thereunder , shall release o r exonerate Surety on this Bond or in any way affect the ob li gatio ns of Surety on this Bon d . 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any cowi of competent jurisdiction where a proceeding is pending betwe en C it y and Co ntractor re gar ding the Construction Co ntract , or in the cowis of the Co unt y of Santa Clara , or in a cou11 of co mpetent jurisdiction in the locati on in which the work is located . Co mmunications from City to Surety under paragraph 3.1 of this Bond shall be deemed to in clude the necessary contracts under paragraph 3 .2 of this Bond unl ess expressly stated otherwise. 10. All notices to Surety or Co ntractor shall be mailed or deli ve red (at the address set forth on the signature page of this Bond ), and all notices to City shall be mailed or delivered as pro vided in Document 00520 (Contract). Actual receipt of notice by Surety , City or Co ntract or , ho,vever ac com plished , shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom a nd provisions conforming to such statutory require ment shall be dee med inc o rp orated herein. 12. Definiti ons. 12.1 Balance of the Contract Sum: The total amount payable by Cit y to Co ntra ctor pursuant to the terms of the Co nstru ction Co ntract after al I prop er adjustments ha ve been made under the Co nstruction Contract, for example, deductions for progress pa yments made , and increases/decreases for appro ve d modifications to the Construction Co ntract. 12.2 Co nstruction Co ntra ct : T he contract bet we en City and Co ntra cto r identified on the sig nature pag e of this Bond , including all Co ntract Do cuments and changes thereto . 12.3 Co ntractor Default : Mate rial failure of Contractor , which ha s neither be en remedied nor waived , to perform or otherwise to comply with the terms of the Co nstruction Co ntract including , but not limited to , "defa ult " or any other condition a ll ow ing a termination for cause as provided in Document 00700 (General Conditions). 12.4 City Default: Material failure of Cit y, 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 Co nstruction Contract , if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Co nstruction Co ntract. END OF DOC UMEN T City of Cu pertin o 00610 -3 Const ru ct ion Performance Bond R.EGN ART ROAD SLOPE STAB1LlZATl0N PR OJECT Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation , is a dul y organized and exis tin g corporatio n having it s principal office in the C ity of Sioux Falls , and State of South Dakota, and that it does by vi rtu e of th e s ig na ture and seal here in affixed he reby make, constitute an d appoint Catherine A Pinney, Nancy L Wallis, K Dixon Wright, Stacy M Clinton, Venetia G Johnson, Donnalyn Revis, Kandace L Reeves, Natalie Ann Horder, Teresa Rose, Michael Landucci, Robert Lee Murphy, Individually of Petaluma, CA , it s true and lawful Attorney(s)-in-Fact wit h full power and authority hereby con ferred to s ign, seal a nd execute for and o n its behalf bonds, undertakings and other obligatory instruments of s imilar nature -In Unlimited Amounts - and to bind it thereby as fu ll y and to the sa me exten t as if such in s trum e nt s we re signed by a duly authori ze d officer of the corporation and al l the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by a uth o rit y of th e By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COM PANY has cau sed these presents to be s ig ned by its Vice Pres ident and it s corporate sea l to be hereto affixed o n thi s 18th day of J a nuary, 20 17. State of South Dakota County of Minnehaha WESTERN SURETY COMPANY On thi s 18 th day of January, 2017, before me persona ll y came Paul T. Bruflat , to me known, w ho, being by me duly sworn, did de pose and say : that he resides in th e City of Sioux Falls , State of South Dakota; that he is th e Vice President of WESTERN SURETY COMPANY described in and which execut ed the above in strumen t; that he knows the sea l of said corporation ; that the sea l affixed to the said in strument is such corporate seal; that it was so affixed purs uant to authority give n by th e Board of Directors of said corporation and that he s igned hi s name th ereto purs uant to lik e a uth ori ty, and acknowledges same to be the act a nd d eed of sa id corporation. M y commission expires June 23, 2021 _______ ...,+ J. MOHR I ~NOTARYPuauc ~ ~ SOUTHOAKOTA ~ I • + CERTIFICATE J . Mohr, Notary Public I, L. Nelson, Assi s tant Secretary of WESTERN SURETY COM PA NY do hereby cert ify that th e Power of Attorney hereinabove set for th is sti ll in force , and further certify that th e By-Law of the corporation printed o n th e reverse hereof is still in force. In tes timon y whe reof [ have hereunto s ub sc ribed my name a nd affixed the sea l of th e sa id corporation thi s 12th day of July 201 7 WESTERN SURETY COMPANY Form F4280-7 -2012 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer co mpleting t his certificate verifies only the ident ity of the individual who signed the document to wh ich t his certificate is attached, and not the truthfulness, accu ra cy, or validity of that document. State of Cal ifornia County of Sonoma On July 12, 2017 before me, ---"-C=at"--'h-"-er'-'-'in.....:ec..cA-'-.--'P-'-in=n.....:e"'-y.,_, N'-'-o"-'t=ary'-'--'-P.....:u=b"'-licc..._ _______ _ Da te Here Insert Name and Title of the Officer personally appeared _______ S_t_a....,cy'-M_. C_l_in_to_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 an d acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/the ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, ex ecuted the instrument. CATHERINE A. PINNEY Not ary Public • Californ ia Sonoma County Com mi ssi on # 2148404 My Comm Expires May 3, 2020 z z ~ Place Notary Sea l Abo ve I certify under PENAL TY OF PERJURY under the laws of the State of Californi a t hat the foregoing paragraph is tru e and corre ct. WITNESS my hand and official seal. Signature_JQ.,_\..,t.4e:'..l,#!J1Z:KJ::'st===-------- Signature of Notary Public ------~~--------------~~~~opnoNAL-------------------------~~~~~ Though this section is optional, completing this information can deter alteration of the document or fraudu lent 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: ____________ _ Capac ity(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 Ind ividual Ill Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ~· ©2014 National Notary Assoc iation · www.NationalNotary.org • 1-800-US NOTARY (1-800 -876-6827 ) Item #59 07 Project o. 20 17-23 Bond#: 30012143 Pre mium : incl uded in performance bond DOC UME 1 T 00620 CONSTRUCTION LABOR AND MATERIAL PAYM EN T BO N D THJS CONST R UCTIO LABOR AND MATERIAL PAYMENT BOND ("Bond") is dated July 12, 2017 , is in the penal s um Three Hundred Fifty Seven Thousand Fou r Hundred Eightee n & 00/100 Dollars ($357 ,418 .00) [one hundred percent of th e Co nt rac t Price], and is en tered int o by and between th e parties listed below to ensure the payment of claimants under th e Co nstruct io n Co ntra ct listed be low. This B ond consis ts of thi s pa ge and the Bond Te rm s and Co nditions , pa ragraphs I throu g h 14 , attached to thi s page . Any si ng ular referen ce to Granite Rock Com pany ("Co ntra cto r"), We stern Surety Company ("Surety "), the City of C upertin o, a Mu ni cip al Co rpo rati on of the Sta te of Ca lifornia ("City ") or oth er party sha ll be cons id ered plural wh ere applicable . CONTRA CTO R : Granite Rock Company Na me 5225 Hellyer Avenue , Suite 220 Addr ess San Jose, CA 95138 C ity/State /Zip CONSTRUCTION CONTRACT: SURETY: Western Surety Company Na me 555 Mission Street , Suite 200 Principal Place of Business San Francisco, CA 94105 Cit y/State /Zip REGNART ROAD SLOPE STABILIZATION PROJECT PROJ ECT NUMB ER 2017-23 at Cup ertin o, Ca lifornia. DATED on or about July 5 Na me and Title: f'.e s 1.c\.c , 20_!I__ in the Amo unt of$ ___ 3c...c5--7.,_,4 __ 1.c..8 . ..c.O.c...O ______ (t he "Pe nal Sum") SURETY Co mp any: BO N D TERMS AND CONDITIONS 1. Co ntra ctor and Sur ety, jointly and severally, bind them se lves, thei r heirs , exec utors , administrators , successo rs and assign s to City and to Claimants , to pa y for labor , material s and equipment furnished for use in the performance of the Co nstruction Co ntract , which is incorp ora ted herein by reference. 2. With res pe ct to Ci ty, this ob ligation shall be null and vo id if Co ntractor: 2.1 Promptly mak es pa yment , directl y or indirectl y, fo r all sums due Claimants ; and 2.2 Defends, indemnifie s and holds harml ess Ci ty from all c laims , demands , liens or suits by any person or entity who furnished la bor, materia ls or equipment for use in the performance of the Co nstructi o n Contact , provided Ci ty has promptly notifi ed Co nt racto r and Surety (at th e address set forth on the s ignature pa ge of this Bond ) of a ny cla im s, demands , liens or suits and tendered defense of s uch claims , demands , lien s or s uits to Co ntractor and Surety , and provid ed there is no Cit y Default. 3. With respect to C laima nt s, th is obligation sha ll be null and void if Contractor promptly makes payment, directly or indire ct ly through its Subcontractors , for all sums due C laimants. [f Contractor or its Subcontractors , ho wever , fai l to pay a ny of the perso ns named in Section 318 1 of th e Ca li fo rnia C iv il Co de , or amo unts due C ity of Cuperti no 00620 -l Con struction Lab o r and Ma ter ial Pa yment Bond R EGNART ROAD SLOPE STABILI Z AT ION PROJ EC T Project No. 2017 -23 under the U nemployment Insurance Code with respect to Work or labor performed under the Contract, o r for an y amounts required to be deducted , withheld , and pa id over to the Employment Development Depa1iment from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 o f 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 Mechani c's Lien Law , C iv il Code §3082 , et seq., Suret y 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 pa yments to , give notices on behalf of, or otherwise have obligations to Claimants under this Bond . 8. Surety hereby waives notice of any change , including change s of time , to the Construction Contract or to related subcontract s, purchase orders and other obligations . Surety further hereby stipulates and agrees that no change , extension of time , alteration or addition to the terms of the Construction Contract , or to the Work to be performed thereunder, or materials or equipment to be furnished thereunder or the Specifications accompanying the same , shall in any way affect its obligations under this Bond , and it does hereby waive any requirement of notice or any such change , extension of time , alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes . 9. Suit against Surety on this Bond may be brought by any Claimant , or its assigns , at an y time after the Claimant has furnished the last of the labor or materials , or both , but , per Civil Code §3249 , must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished , shall be sufficient compliance as of the date received at the foregoing addresses. 11. This Bond has been furnished to comply with the California Mechanic 's Lien Law including , but not limited to , Civil Code §§3247 , 3248 , e t 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 entit y appearing to be a potential beneficiary of this Bond , Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made . 13. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and ove1iime 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 ha s been asce1iained and determined by the Directo r of the State Depa1iment off ndustrial 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. City o f Cupertin o 00620 · 2 Co nstru ction La bor and Materi al Pa yment Bond REGNA RT ROAD S LOP E STABILI ZATIO N PROJ EC T Proj ect No. 20 17-2 3 14 . Definitions . 14.1 C laimant : An individual or entit y having a dir ec t co ntract with Contractor or vvith a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract , as further defined in California Civ il Code §3181. The intent of this Bond shall be to include without limitation in the terms "labor , materials or equipm e nt " th at 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 U nemployment Development Depa1iment as referred to in Civil Code §3248(b ). 14.2 Construction Contract: The contra ct between C it y and Contractor identified on the signature page of this Bond , including all Contract Documents and changes thereto . 14.3 City Default: Mater ial 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 fai lu re of Contractor to pay the Claimants and is sufficient to ju stify terminati on of the Construction Contract. END OF DO CUMEN T City of Cup ertin o 00620 -3 Co nstru ct ion Lab or and Ma teri al Payment Bond RE GN ART ROAD SLOPE STABILl ZA TIO N PROJ EC T Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South D akota corporat ion , is a duly organ ize d and ex isting corporat ion h av in g it s principal office in th e C it y of Sioux Falls, and State of South Dakota , and that it does by virtue of th e s ig nature and sea l herei n affixed hereby make, con stitut e and appo int Catherine A Pinney, Nancy L Wallis, K Dixon Wright, Stacy M Clinton, Venetia G Johnson, Donnalyn Revis, Kandace L Reeves, Natalie Ann Horder, Teresa Rose, Michael Landucci, Robert Lee Murphy, Individually of Petaluma , CA, it s true a nd lawful Attorney(s)-in-Fact with ful l power and au th o rit y hereby conferred to s ign, seal and exec ut e for and on its behalf bonds, und ertaki ngs and other obligatory in s trumen ts of s imil ar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such in struments were s igned by a duly au th orized officer of the corp oration and al l th e ac ts of sa id Attorney, pursuant to the authority hereby given , are hereby ratified and confirm ed. Thi s Power of Attorn ey is made and executed pursuant to and by au th orit y of the By-Law printed on the reverse hereo f, duly adopted, as indi cated , by th e share holders of the corporatio n. In Witness Whereof, WESTERN SURETY COM PANY has cau sed these present s to be s ig ned by its Vice President a nd its corp orate sea l to be hereto affixed on this 18th day of January, 20 17. State of South Dakota County of Minnehaha WESTERN SURETY COMPANY On thi s 18th day of January, 20 17 , before me personall y came Paul T. Bruflat, to me known, who, being by me du ly sworn , d id depose and say: that he res id es in the City of Sioux Fal ls , State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and w hi c h execu ted the above instrument ; that he knows th e seal of said corporation ; that th e seal affixed to the said instrument is such corporate seal; that it was so affixed purs uant to a uthority given by th e Board of Directors of sa id corporat io n and that he signed his name th ereto pursuant to like a uth ority, and acknowledges same to be th e act and deed of sa id corporation. My commiss ion expires June 23, 202 1 -------... -+ J . MOHR i ~NOTARY PUBLIC~ ~SOUTH DAKOTA~ I .. t CERTIFICATE . J. Mohr, Notary Public I, L. Nel son, A ss istant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is s till in force, and further certify that th e By-Law of th e corp oration printed o n the re ve rse hereof is still in force. In testimony whereof I have hereunto s ub sc rib ed my name and affixed the seal of the sa id corporation this 12th da y of ___ _,J,e._u.,,,,_,,,l.,.y<-----2017 WESTERN SURETY COMPANY Fo rm F4280-7-20 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer complet ing this certificate verifies onl y the iden tity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or va lid ity of that document. State of Cal ifornia County of Sonoma On Jul Y 12 , 201 7 before me, ---'-C--'-at-'-h-'-e'---rin-'-'e'-A_._P_i_nn-'e~y.,_, _N-'-otcc...ac..,.ry_P-'u-'b_lic ________ _ Date Here Insert Name and Title of the Officer personally appeared _______ S_t_a~cy'---M_. _C_lin_to_n _________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(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 authorize d capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or t he entity upon behalf of which the person(s) acted, executed the instrument. CATHER INE A. PINNEY Notar y Public • California Sonoma County z Com mission # 21 48404 ~ My Co mm . Expires May 3, 2020 Place Notary Sea l Above I certify under PENAL TY OF PERJURY under the laws of the State of Ca lifornia t hat the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public ~----~~------~~---~~~~opnoNAL-----------------~----~~----~ 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 131 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 Project No. 20 17-23 DO CUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of REGNART ROAD SLOPE STABILIZATION PROJECT PROJECT NUMBER 2017-23 CUPERTINO , CALIFORNIA The under signed guarantees all construction performed on thi s Proj ec t and also gu ara nt ees a ll material and equipment incorporated th erein. Contractor hereb y grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Doc uments, its unconditional wa rranty of the quality and adequ acy of all of the Work including, without limitation, all lab or, materials and equipment provided by Contractor and it s Subcontractors of all ti ers in co nn ection with th e Work. Neith er final p ayment nor use or occupancy of the Work performed by th e Contractor shall constitute an acceptance of Work no t done in acco rdance w ith this Guaranty or reli eve Contractor of liability in respect to any exp ress wainnties or responsibilities for faulty materials or wo rkman ship . Co ntractor shall remedy any defects in the Wo rk a nd pay for any damage res ulting therefrom, w hi c h shall appear with in on e year, or lo nger if specified , from the date of Final Acceptanc e. If wi thin one year after th e date of F in a l Acceptance , or such longer period of time as may be prescrib ed by la ws or regul ation s, or by the tenns of Co ntrac t Documents, any Work is found to b e defective , Contractor shall promptly, without cost to City and in acco rd anc e with City's written in structions , c01Tect such defective Work. Contractor shall remove any d efectiv e Work reje cted by Cit y and replac e it with Work that is no t defec tiv e, and sa ti sfac torily conect or remove and repl ace any damage to other Work or th e work of others resulting therefrom. If Co ntrac tor fa ils to promptly comply with th e terms of suc h instructions, or in an emergency where delay wo uld cause seriou s risk of loss or damage , C ity may have the defective Work conected or the rejected Work removed and replaced. Contractor sha ll p ay for all claims, cos ts, losses a nd damages ca use d by or resulting from such remo va l and rep lacement. Where Co ntractor fails to correct defective Work, or d efects a re discovered outside the correction period , Ci ty shall have a ll rights and remedi es granted by law. In spection of the Work sha ll not relieve Contractor of any of it s obligations und er th e Co ntract Doc uments. Even thou gh equipment, materials , or Work required to be provided und er th e Contract Documents have been inspected, accepted, and estimated for payme nt , Co ntractor shall , at its own expense, replace or repair any such equipme nt , material , or Work found to be defecti ve or otherwise not to comply with th e requirements of the Contract Document s up to the end of the gu ara nty period . All ab breviation s a nd d efinitions of terms u se d in thi s Agreement shall h ave th e meanings se t forth in the Contract Documents, including , w ith out means of limitation, Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contra ct Documents , and not in li e u of, any a nd a ll other li a bility imposed on Co ntra cto r und er the Co ntra ct Do cum en ts and at law with respec~- Co ntractor's duties , o bligations, and p erformance und er the Co ntra ct Document s. In the event of any co i:ct or incon sistenc y between th e terms of this Guaranty and any wananty or obligation of th e Contractor unde1fte ntract Do cuments or at law, s uch inconsistency or conflict sh all be resolved in fa vor of the b . gneri,evel of obl igation of th e Contractor. / Granite Rock Company Co ntractor 's Name 5225 Helly er Ave , Suite 220 Address San Jose CA 95128 07/14/17 Cit y/State/Zip Date END OF DOCUMENT Ci ty of Cupertin o 00630 -I Guaranty REGN ART ROAD SLOPE STABILIZATION PROJECT ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM /DD/YYYY) ~ 7/12/20 17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ie s) must have ADDITIONAL INSURED provision s or b e e ndorse d . If SUBROGATION IS WAIVED , subject to th e terms and conditions of the policy , c ertain policies may require an endorsement. A s tatem e nt on this certificate does not confer rights to the certificate holder in lieu of such endorse ment(s ). PRO DU CER CO NTA CT NAME : Constr uc ti on & Real Es tat e Prac ti ce PHONE I FAX IA/C No Extl : IA/C Nol: 866 -3 58: 1487 W ells Fargo Ins urance S ervic es USA , Inc. -CA Lie#: OD084 08 E-MAIL CertRequ es ts@well sfa rgo.com ADDR ESS : 45 F remon t Street , S uit e 800 INSURER (S) AFF ORDIN G CO VERAGE ' NAIC# I San Francisco , CA 941 0 5-22 59 IN SURER A : America n Con tractors In s Co RRG --i-.! 2300 INSURED IN SURER B : Zurich A merican In s urance Co I 1653 5 G ran it e Roc k Com p a ny INSURER C: Allie d W o rl d Assura nce Co (US) ~489 PO Box 5000 1 IN SURER D : AC IG Insu ra nce Co m pa ny , 1998 4 IN SURE R E : ,- Watsonv ill e , CA 95077 I IN SURER F: I COVERAGES CERTIFICATE NUMBER: 1206739 4 REVISION NUMBER : See be low THI S IS TO CERT IFY THAT TH E POLIC IES OF INSURA NCE LI STED BE LOW HAVE BEEN ISSUED TO THE IN SURE D NAMED ABOVE FOR THE POLI CY PE RIOD IND ICATED . NOTWIT HSTAN DIN G ANY REQU IREME NT . TERM OR CO NDI TIO N OF ANY CO NTR ACT OR OTH ER DOCUM ENT WITH RESPEC T TO WHIC H TH IS CERT IFICATE MAY BE ISSUED OR MAY PERTAIN. THE IN SURANCE AFFORDED BY THE PO LI CIES DESCRIBE D HERE IN IS SUBJEC T TO ALL THE TER MS, EX CLUSIONS AND CO NDI TIONS OF SUCH POLI CIE S. LIM IT S SHOW N MAY HA VE BEEN REDU CED BY PA ID CLA IMS . INS R IADD L SUBR ! POLICY EFF POLIC Y EXP --- LTR TY PE OF IN SURAN CE I IN SD w vo l PO LI CY NUM BER IMM/OD/YYYYI I MM/00 /YYYYI LI MITS X CO MME RC IAL GENERAL LIABI LI TY J x I G L 17A00056 06/0 1/2018 EAC H OCCURRE NCE i s 5.000,000 A 06/01 /2017 LJ CLA IM S-M ADE 0 OCCUR ! LJA MAGE TO RENTED I -- ' i S 100.000 (Prima ry) PREM ISES IEa occurrence l -I s A -X G L17B00056 06/01 /2017 06/0 1/20 18 MEO EXP (Any one person) 5 ,000 (Excess Fo ll ow For m 1) PERSO NAL & ADV INJURY s 5.000,000 - GE N'L AG GR EGA TE LIMIT APPLI ES PER · X G L 17C00056 06/01 /2017 GENERA L AGGREGATE s 5 .000.000 A Fl 0 PRO D LOC 06/0 1/2018 POLICY JECT PROD UCTS · COMP/OP AGG s 5,000,000 I OTHER : I (Excess Fo ll ow Form 2) s i B I AUT OMOBILE LI ABILIT Y I I BAP3472669 16 06/0 1/2017 06/0 1/20 18 CO MB INED SIN GLE LIMIT /s I IEa acci denl\ 2.000.000 F, """'o -I I BOD ILY INJU RY (Per person) s I OW NED SCHE DULED I I BOD ILY INJUR Y (Per acc ident ) S AUTOS ONLY AUTOS I HIRED -NON-OWNED I PROPERTY DAMAGE I s _ AUTOSO NLY X AU TOS ONLY IPe r acc ,d entl - I s C X UMBRELLA LIAB H OCCUR I 03086260 06/0 1/2017 06/01 /20 18 EAC H OCCURRENCE I s 10.000.000 - EXC ESS LIAB CLAIMS-MADE AGGREGATE s 10.000,000 OED I I RETEN TION s I s WORKERS CO MPENSATION 06/0 1/20 17 I PER I I OTH- D AND EMP LO YER S' LIABILITY W CAOOOO 190 17 0 6/0 1/20 18 X STATU TE ER YI N I s ANYPROPRI ETOR/PAR TNER /EXECUT IVE ~ E.L. EAC H ACC IDENT 1.000.000 OFF ICER/ME MB ER EXCL UDED? N /A (M andatory in NH ) E.L. DISEASE · EA EMPLOY EE S 1.000,00 0 If yes . describe unde r E.L. DISEASE . POLICY LIMIT I s 1.000 ,000 DESCRIPTION OF OPERAT IONS be low B Bui lde rs Risk M B R93847 1608 06/0 1/2 0 17 06/0 1/20 18 I $500 .000 Any One 0cc I DESC RI PTI ON OF OPERATI ONS/ LO CA TI ONS/ VEH ICLES (ACOR D 101 , Addi tional Re marks Sched ul e, may be attached if more space is re quir ed) Addit ional In sured -Au tomatic Status Re: Granite Job #6 152 ; P roject #20 17-23, Regnart Road Slope Stabil ization Project. The Ci ty of C upert in o ("City") a nd its directors , off icers , eng ineers , age nts a nd employees and a ll pu bl ic agencies fo rm w ho m permits wi ll be obta in ed and th eir directors , o ffi cers, e ng in ee rs , agen ts and emp loyees is na m ed as additiona l ins ur ed as respects g eneral li abil ity p e r e ndo rse m en t att ached. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DES CRIBED POLICIES BE CAN CELL ED BEFO RE THE EXPIRATION DATE THE REOF , NOTICE WILL BE DELIVERED IN P ubl ic Wo rks Dept. ACCORDAN CE WITH TH E POLIC Y PROVISIONS . 10300 Torre Avenue Cupe rtino , CA 950 14 AU TH ORI ZED RE PR ESEN TA TI VE I 9(M0J.- The ACORD name a nd logo are r e gi s tered marks of ACORD © 1988-2 015 ACORD CORPORATION . All r ig hts r ese rv e d . ACORD 25 (2016/03) ADDITIONAL INSURED -A UTOMATIC STATUS Th is endorsement mod ifies insurance provided unde r the following : COMMERCIAL GE N ERAL LIAB ILITY COVERAG E PART SCHEDULE Any person or organ iza tion that you are required by co nt ract to in c lu de as an additional in s ured on th is policy if the contract is executed prio r to the loss. A. Who is a n Insured (Section II) is amended to includ e as an ins ure d a ny person o r o rg aniza tion shovm in th e above SC HEDU LE (called additional insured), b ut only \',~th re spect to liability for -bodily inj ury", 'property damage· or ·personal and adver ti sing injury" arising out o f your prem ises o r your operati ons for th e addi ti ona l insured. B. The in su ra nce provided to th e additional insured is s ubj ect to th e following limitations: 1. Unless req uired by wri tten contract, thi s insurance does not app ly to "bodily injury" or 'prop e rty damage" occurring after ·your work" for the add itiona l insure d ha s been comp!eted or after that porLion of "your work" out of \•.tii ch the -bodily injury" or "property damage· arises has been put to its intended use by a ny person o r orga niza ti on. 2. Unless requi red by writ ten contract, thi s in surance does not apply to "bodily in jury" or ·property damage" arising ou t of th e sole negligence, act or omission of the additional in sured. 3. Th is ins ura nce does not apply to "bodily injury", "pro perty damage· or "personal and advertising injury" for wi1ich the addit iona l ins ured is obligated t o pay damages by reason of th e assumption of li abi li ty in a con tr act or agree ment exce pt to the ex1e nt that the additional in sured would h ave b ee n ob l iga ted to pay suc h damages in th e absence of the con tr act or agreemen t. 4. This insurance does not apply to "bodily injury", 'property damage" or ·personal and advertising injury· ari sing out of th e r endering or failure to re nd er any profess io nal services by any insured. inc luding: a) The prepa ring , approving or failin g to prepare or approve m aps, drawings, opinions, reports , surveys, cha nge orders , designs or specificat ions; or, b) Supervisory, inspeclion or engineering services . This exclusion applies even if the claims againsl any ins u red allege negli gence o r oth e r wrongdoing in the supervisi on , hiring . employmen t, training or monit oring of olhers by that insu red . 5. This endorsement shall n ot apply to a person o r organi zation if any ot h e r additiona l i nsured e nd orsement a tt ached to th is policy specifi calJy appli es to that person or organization. 6. Tl1e insurance afforded herein only applies t o the ex1ent permitted by appli cab le state law, in cluding statutes governing addilional insured cove rag e i n the construction induslry. C. This in surance sha ll not exceed the scope of coverage, including li mits, o f thi s p olicy and in no event shall the insuran ce provided to th e addi ti ona l insured exceed the scope of cove rag e. includ ing limits, required by th e contract. If a writte n contract or agreement requir es that additional insured status be provided by th e use of specified editi on da tes of the ISO CG20 10 ar.d/or CG2037, then l he tem1s of that endorse ment are in corporated in to this endo rsement as respects such additional in su red and s hall supersede the coverage grant and limita tions in Secti ons A . and B. of this e nd orsement. In the event that CG20 10 and/or CG2037 are requ ire d but no edition dates are s p ec ifi ed , the 04/13 editions s hall apply. · D. This in s urance is excess to any othe r insura nce, whethe r primary, excess , contingent or on any other ba sis, avai lable to the addit iona l insured unl ess a written con tr act requires that thi s insu ra nce be primary or primary and non -contributing . Howeve r, th is insurance is always excess to other insurance, whethe r pri mary, excess . contin gent or on any other b asis, wh en th e a dditiona l in s ured has been added t o the other insurance as a n addi ti ona l insured. Nothing here in containe d shall be he ld to vary, alter, w aive or ex1end any of the terms, conditions, provisions, agreements o r limitations of lhe mentioned Poli cy, other than as above sla ted. This endorsemen t cha nges the policy to which it is a tta ched a nd is effective o n the date issued unless otheiwise s tated. (The infonnation below is required only when this endo rsement is issued subsequent to preparation of the po!icy.) Endorsement Effective : 6 / 1 / 1 7 Pol icy Effective: 6/ 1/ 17 In sured: Granite Rock Company Policy No.: GLl 7 A00056 Insurance Company: American Contractors Ins Co RRG Endorse ment No.: Premium $ 829 Counters ign e d By ________________ _