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17-141 Bond Blacktop Inc., 2017 Crack Seal Project, Project No. 2017-121Project No . 2017 -121 IG m K-~( CITY OF CUPERTINO CONTRACT For Public Works Projects of $45,000 or Less This public works contract ("Contract") is entered into by and between the City of Cupertino, a municipal corporation ("City"), and Bond Blacktop Inc ., a Corporation ("Contractor"), pursuant to Public Contract Code Section 22032 , for work on the 2017 Crack Seal Project ("Project"). 1. SCOPE OF WORK Contractor will perform and provide all labor, materials , equipment , supplies , transportation, and any and all other items or services necessary to perform and complete the work required for the Project ('Work"), as specified in Attachment A, Scope of Work, and according to the terms and conditions of this Contract , including all attachments to the Contract and any other documents and statutes incorporated by refer~nce . To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. 2 . TIME FOR COMPLETION The City Engineer will not issue Contractor a written notice to proceed ("NTP") with the Work for the Project until the Contract is fully executed by both parties and City has received all insurance documentation pursuant to Section 13 below and any required bonds , if applicable, pursuant to Section 14 below . Contractor must fully complete the Work within 1 O calendar days from the commencement date given in the NTP ("Contract Time"). Time is of the essence for completion of the Work within the Contract Time . 3 . COMPENSATION AND PAYMENT For satisfactory completion of the Work, performed in full compliance with this Contract, City will pay Contractor $29,750 .00 ("Contract Price"). Contractor must submit an invoice on the first day of each month during the Contract Time for the Work performed during the preceding month , itemizing labor, materials, equipment and any incidental costs incurred . City will pay Contractor 95% of the undisputed amount(s) billed , within 30 days after City's receipt of each properly submitted invoice . Any undisputed retention will be released and included with the final payment to Contractor within 60 days after City accepts the Work for the Project as complete . Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims . liens , or encumbrances upon payment to Contractor. Payment and performance bonds are required for this Contract if the Contract Price is $25,000 or Public Works Contract May 2017 2017 Crack Seal Project Page 1 Project No . 2017-12 1 more. 4 . LIQUIDATED DAMAGES If Contractor fails to complete the Work within the Contract Time, Contractor must pay liquidated damages in the amount of $150 per day for each day of unexcused delay in completion . The liquidated damages amount is based on the reasonably foreseeable consequences of delay, which may include actual costs incurred by City due to the delay as well as intangible damages. including loss of or interference with use of public property or inconvenience to the public . Unavoidable delay caused by unanticipated events or circumstances which are entirely outside of Contractor's control may be excused , provided Contractor gives City prompt written notice of any such delay, but excused delay will not entitle Contractor to additional compensation, subject to the limits of Public Contract Code Section 7102 . City may deduct liquidated damages from payment due or to become due to Contractor under this Contract. 5. LICENSES AND PERMITS Contractor must possess a California Contractor's License in good standing for the following classification(s): Class A or Class C-12. Contractor must also obtain a City business license before beginning Work on the Project. Contractor is solely responsible for obtaining any required building perm its or similar governmental authorizations for the Work , at Contractor's sole expense . 6 . LABOR CODE COMPLIANCE Unless the Contract Price is $1,000 or less, the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Div ision 2 of the Labor Code, beginning at Section 1720, and the related regulations , including but not limited to requirements pertaining to wages, working hours and workers ' compensation insurance . The Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations ("DIR ") pursuant to Labor Code Section 1725 .5, and Contractor and any subcontractors must be registered with the DIR to perform public works projects. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code Section 1771.4 . A . Prevailing Wages. The Contract is subject to the prevailing wage requirements applicable in Santa Clara County for each craft , classification or type of worker needed to perform the Work, including but not limited to employer payments for health and welfare , pension , vacation, and apprenticeship. The prevailing wage rates are on file with the City Engineer's office and are available online at http ://www.dir.ca.gov/DLSR. Pursuant to Labor Code Section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the Publ ic Work s Contract May 20 17 2017 Cra ck Sea l Proj ect Page 2 Project No . 2017-121 applicable prevailing wage rate, in addition to paying each worker the difference between the appl icable wage rate and the amount actually paid . B . Working Day. Pursuant to Labor Code Section 1810, eight hours of labor consists of a legal day's work . Pursuant to Labor Code Section 1813 , Contractor will forfe it to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day , or more than 40 hours per calendar week , unless such workers are paid overtime wages under Labor Code Section 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in Attachment A or authorized in writing by City. C . Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code Sections 1776 and 1812. and all implementing regulations promulgated by the DIR. For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied w ith the requirements of Labor Code Sections 1771 , 1811 and 1815 . Contractor must submit certified payroll records to the Labor Commissioner as required under California law and regulations . D . Apprentices . If the Contract Price is $30 ,000 or more , Contractor must comply with the apprenticeship requirements in Labor Code Section 1777 .5 . E . Workers' Compensation Certification . Pursuant to Labor Code Section 1861 , by signing this Contract, Contractor certifies as follows : "I am aware of the provisions of Labor Code Section 3700 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 I will comply with such provisions before commencing performance of the Work on this Contract." 7 . AMENDMENTS AND CHANGE ORDERS The provisions of this Contract may not be modified except by a written amendment or change order that is duly authorized and executed by both City and Contractor . Any Contractor request for a change order must be submitted in writing , specifically identifying the proposed change to the Contract and the Work , and the proposed adjustment, if any , to the Contract Price or the Contract Time . Each such request must be accompanied by all substantiati ng documentation , including, but not limited to , the drawings , detailed cost estimates, and schedule analysis for the change order. 8. STANDARDS AND COMPLIANCE Public Works Contract May 2017 2017 Crack Seal Project Pag e 3 Project No . 2017 -121 Contractor will use its best efforts to complete the Work in a professional and expeditious manner, in compliance with this Contract and all applicable permit requirements . Contractor's workmansh i p must meet or exceed all applicable standards and must comply with all applicable local , state , and federal laws, regulations , rules , and requirements , including City ordinances. By executing this Contract, Contractor warrants that all Work will be performed by a qualified and experienced workforce, and that neither Contractor nor its subcontractors or employees are employees of City or have any other relationship with City officials , employees or consultants that would create an unlawful conflict of interest. 9 . INDEPENDENT CONTRACTOR City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work . Contractor is not an employee of City and is not entitled to participate in health , retirement or any other employee benefits from City. 10 . IMMIGRATION REFORM AND CON T ROL AC T ("IRCA") Contractor is solely responsible for verifying the ident ity and employmen t authorization of all of its employees and subcontractors performing the Work, pursuant to the IRCA or similar federal or state rules and regulations governing employment of immigrants . Contractor must indemnify and hold City harmless from and against any loss, damage, liab ility , costs or expenses aris ing from Contractor's failure to comply with this section. 11 . NON-DISCRIMINATION Discrimination against any prospective or present employee of Contractor because of race , color, ancestry national origin , ethnicity , rel igion , sex , sexual orientation , age , disability or marital status is strictly prohibited . Contractor, its employees and its subcontractors , must comply with all appl icable local , state and federal nondiscrimination laws , including but not limited to the Cal iforn ia Fair Employment and Housing Act , Government Code Section 11135 and Labor Code Sections 1735 and 3077 .5 . Any violation of this section constitutes a material breach of this Contract. 12 . INDEMNITY To the fullest extent allowed by law, Contractor must indemnify, defend , and hold harmless City , its City Council , boards and commissions , officers , Public Works Contract May 201 7 2017 Crack Se al Project Page 4 Project No . 2017-12 1 officials , agents , employees , consultants and vo lunteers (individually, an "lndemn itee ," and collectively, the "lndemnitees ") from and against any and all liability , claims , stop notices , actions , causes of action , demands, losses , damages , and expenses (i ncluding legal expenses) whatsoever, including liability arising from an injury to or death of any person or damage to property or other liability of any nature , arising out of, pertaining to , or related to the performance of this Contract or the Work (collectively, "Liability"), including failure to comply with any obligations herein by Contractor or Contractor's directors, officers , officials, employees, agents or subcontractors . This indemnity obligation does not extend to Liability caused by the active negligence , sole negligence, or willful misconduct of an lndemnitee(s). Contractor's failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon City's receipt of any th ird -party claim relating to the Contract, as required by Public Contract Code Section 9201 . No lndemn itee will be personally liable to Contractor or Contractor 's directors , officers , officials , employees , agents or subcontractors for any Liability. Contractor's indemnity obligations under this Contract are not limited by any limitation of the amount or type of damages or compensation payable under the workers ' compensation laws or other employee benefit statutes, or by the insurance coverage o r bond limits required under this Contract , and will surv ive the expiration or any early termination of the Contract. 13 . INSURANCE Contracto r must maintain the insurance coverage required in this section through the date of City 's acceptance of the Work . The coverage must include the policy types and limits specified below, insuring against claims for injuries to persons or damages to property that may arise or relate to Contractor 's performance under the Contract. City will not execute the Contract and issue the NTP until Contractor has submitted to City satisfactory certificates of insurance and endorsements , evidencing the type, amount, class of operations covered , and the effective dates and dates of expiration of the insurance coverage required below. The insurance must be issued by a company or companies acceptable to City and licensed to do business in the State of Cal ifornia , and each insurer must have an A.M. Best's financial strength rating of "A" or better and a financial size rating of "VII " or better . If Contractor fails to provide or maintain any of the required insurance coverage , City may, in its sole discretion and without prior notice to Contractor, purchase such insurance at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract for default. A . Required Policies and Limits. The following insurance policies and limits are required for this Contract , unless otherwise specified in Attachment A: Pub lic Wo rks Contract Ma y 2017 20 17 Crack Seal Project Page 5 Project No . 2017-121 (1) Commercial General Liability ("CGL '? Insurance : The CGL policy must be issued on an occurrence basis , written on a comprehensive general liability form, and must include coverage for liability arising from Contractor's or its subcontractor's acts or omissions in the performance of the Work , including contractor's protected coverage , blanket contractual , completed operations , vehicle coverage and employer's non-ownership liability coverage , with limits of at least $2,000,000 per occurrence and $4,000 ,000 in the aggregate . The CGL policy must protect against any and all liability for personal injury, death , or property damage or destruction arising directly or indirectly in the performance of the Contract. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies , provided each such policy complies w ith the requirements set forth in this Contract. a . It will be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits will be made available to the Additional Insured and will be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy , whichever is greater. b . The Additional Insured coverage under the Contractor's policy will be "primary and non-contributory" and will not seek contribution from the City's insurance or self- insurance and will be at least as broad as CG 20 01 04 12. c . The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance . Any umbrella or excess Insurance will contain or be endorsed to contain a provision that such coverage will also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City 's own insurance or self- insurance will be called upon to protect it as a named insured . Contractor will maintain insurance as required by this contract to the fullest amount allowed by law and will maintain insurance for a minimum of five years following the completion of this project. In the Public Works Contract May 2017 2017 Crack Seal Project Page 6 Project No. 2017 -121 event contractor fails to obtain or maintain completed operations coverage as required by this agreement. the City at its sole discretion may purchase the coverage required and the cost will be paid by the contractor. (2) Comprehensive Automobile Liability Insurance : The automobile liability policy must be issued on an occurrence basis, with l i mits of at least $1 ,000 ,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage, or combined single limit of $1 ,000 ,000 per occurrence. covering owned . non - owned and hired automobiles . (3) Workers ' Compensation Insurance and Employer's Liability Insurance : The workers' compensation and employer's liability policy or policies must comply with the requirements of the California Workers · Compensation Insurance and Safety Act , providing coverage of at least $1 ,000,000 or as otherwise required by the statute . If Contractor is self-insured , Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR. B . Builder's Risk Insurance. Contractor must provide builder's risk insurance only if the box below is checked . D Builder's Risk coverage is required for this Contact. The builder's risk policy must be issued for course of construction on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City , and name the City as a loss payee as its interest may appear. If the Project does not involve new or major reconstruction, the City may elect, acting in its sole discretion, to accept an installation floater policy instead of builder's risk . The installation floater pol icy must provide property damage coverage for any building , structure, machinery , or equipment damaged . impaired, broken, or destroyed during the performance of the Work , including during transit, installation, and testing at the City's site . C. Additional Insureds. City , including its City Council , boards and commissions, officers, officials, agents, employees. consultants and volunteers , must be named as additional insureds under Contractor's insurance policies required under this section , except under the worker's compensation policy . The naming of an additional insured will not affect any recovery to which the additional insured would be entitled to under the policy if not named as an additional insured. An additional insured will not be held liable for any premium , deductible portion of any loss . or expense of any nature under the policy or any extension thereof. Any other insurance held by an additional insured will not be required to contribute anything toward any loss or expense covered by Public Works Contract May 2017 2017 Crack Seal Project Page 7 Project No . 2017-121 Contractor's insurance . D . Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City . Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. E. Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City . F . Required Endorsements. The CGL policy, the automobile liability policy and the builder's risk or installation floater policy , if required , must include the following endorsements : (1) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured . (2) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss. (3) This policy does not exclude explosion , collapse, underground excavation hazard , or removal of lateral support . G . Forms of Certificates of Insurance and Endorsements. Each certificate of insurance and endorsement must provide the name and policy number of each carrier and policy, using a form and format acceptable to City . H. Subcontractors. Contractor must ensure that each subcontractor maintains the same insurance coverage required under this section with respect to its performance of Work on the Project , including those requirements related to the naming of addit ional insureds and waivers of subrogation . 14 . BONDS If the Contract Price is $25,000 or more, City will not execute the Contract and issue the NTP until Contractor has provided City with a payment bond and a performance bond for the Work , each in the penal sum of not less than 100% of the Contract Price, using the bond forms included in this Contract under Attachment B , Bond Forms . Each bond must be issued by a surety admitted in California . If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City , within seven Public Works Contract May 2017 2017 C rack Seal Project Page 8 Project No . 2 01 7-121 calendar days after written notice from City . If Contractor fa ils to substitute an acceptab le surety with in the specified time , City may , in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract for default. 15. ASSIGNMENT AND SUCCESSORS Contractor may not transfer or assign its rights or obligations under th is Contract, in part or in whole , without City 's prior written consent. The terms and conditions of this Contract are binding on Contractor's heirs , successors , and assignees . 16 . SUBCONTRACTORS Contractor may use qualified , competent subcontractors to perform up to 15 % of the Work under this Contract , provided each subcontract expressly requires the subcontractor to be bound by the provisions of this Contract , including , but not limited to , the indemnity and insurance requirements . City reserves the right to reject any subcontractor of any tier , and to bar a subcontractor from performing further Work on the Project , if City, acting in its sole discretion , determines that the subcontractor's performance or failure to perform does not meet the requirements of th is Contract , or for any of the reasons set forth in Public Contract Code Section 4107 . If City rejects a subcontractor pursuant to this sect ion, Contractor must either self-perform the Work of that subcontractor or replace the subcontractor with one that is acceptable to City , at no additional cost to City . 17. UTILITIES, TRENCHING AND EXCAVATION A . Contractor must call the Underground Service Alert ("USA") 811 hotline for marking of utility locations before digging . For underground service alerts for City street lighting and traffic signal conduits , Contractor must also , before commencing any Work , call the City of Cupertino Service Center at (408) 777-3269 . B . As required by Government Code Section 4215, if, while perform ing the Work. Contractor discovers utilities or utility facilit ies not identified by City , Contractor must immediately provide written notice to City and to each known util ity . C . As required by Government Code Section 710 4, Contractor must promptly notify City in writing if Contractor finds any of the three cond itions listed below , and wait for further direction from City before disturbing such condition(s). Following such notice, City will promptly investigate and if City finds that one or more of the followi ng three conditions is o r are present and that the presente rs of Publi c Works Contra ct May 201 7 201 7 Crack Sea l Project Pag e 9 Project No . 2017 -121 any such condition will cause a decrease or increase in Contractor's cost of or time requ ired for performance of the Work . City will amend the Contract Time or Contract Price for the Work as required by law: (1) Material that Contractor believes may be a hazardous waste as defined in Health and Safety Code Section 25117 . that is required to be removed to a Class I. Class 11 , or Class Ill disposal site in accordance with the law; (2) Subsurface or latent physical conditions at the Project worksite d iffering from those indicated by information about the worksite made available to Contractor; and (3) Unknown physical conditions at the Project worksite of any unusual nature , materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. D. As required by Labor Code Section 6705 , if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or t renches of five feet or more in depth , a deta iled plan must be submitted to City , or its civil or structural engineer, for acceptance in advance of the excavation . The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation . If the plan varies from the shoring system standards , it must be prepared by a registered civil or structural engineer . Use of a sho ring , sloping , or protective system less effective than that required by the Construction Safety Orders is prohibited . 18 . DAILY REPORTS Contractor must maintain daily reports on the Work and subm it them to City upon completion of the Project, or at any time upon request by City. Each daily report must describe : the Work performed that day ; the number of workers performing the Work and hours worked ; the equipment and hours of labor used for each task ; a description of weather conditions ; and any circumstances affecting the planned progress of the Work . All such reports are the exclusive property of City , but Contractor is permitted to retain copies of the da ily reports for its records . 19 . RECORDS Unless otherwise specified in Attachment A. Contractor must maintain and update a separate set of as-built drawings while the Work is being performed . showing any changes from the Work as planned in Attachment A . or any Publ ic W orks Cont ract May 20 17 2017 Cra ck Sea l Proj ect Page 10 Project No . 2017 -121 drawings incorporated into this Contract. The as-built drawings must be updated as changes occur, on a daily bas is if necessary. Actual locations to scale must be identified on the as-built drawings for all major components of the Work , including but not limited to , as applicable : mechanical , electrical and plumbing work ; HVAC systems ; utilities and utility connections ; and any other components City determines should be included in the final record drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs , including but not limited to piping , conduit, ductwork , and drain lines , must be shown by dimension and elevation. 20 . NOTICES All notices, demands , requests or approvals under this Contract must be given or made in writing and sent to the other party by personal delivery, U .S. Mail, a reliable overnight delivery service , facsimile , or by email as a PDF (or comparable) file . Notice is deemed effective upon delivery unless otherwise specified . Notice for each party must be given as follows: City: City of Cupertino 10300 Torre Avenue Cupertino CA 95014 Attention : Jo Anne Johnson Copy to : Public Works Department Contractor: Bond Blacktop, Inc . P .O . Box 616 Un ion City, CA 94587 Attention : ~DDQ b\ \\en Copy to: Ho..c-\c... 'f\cx-cc: 21 . URBAN RUNOFF MANAGEMENT All Work on the Project must fully comply with federal , state , local and City regulations concerning stormwater management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grad ing . If water is used for dust control , Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets , gutters and storm drains . Contractor will also develop and implement erosion and sediment controls to prevent pollution of storm drains. Contractor must implement these controls prior to the start of the Work , upgrade them due to weather conditions or as otherwise requ ired by City , maintain them during construction or other Work phases to provide adequate Publ ic Works Con tract May 2017 201 7 Crack Seal Project Page 11 Project No. 2017 -12 1 protection , and remove them at the end of construction and completion of the Work . Such controls must include , but will not be limited to , the following requirements : A. Install storm drain inlet protection devices such as sand bag barriers , filter fabric fences , and block and gravel filters at all drain inlets impacted by construction . During the annual rainy season, from October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected . Storm drain inlets will be filter-protected from onsite de-watering activities and saw-cutting activities . Shovel or vacuum saw-cut slurry and remove from the Work s ite. B . Cover exposed piles of soil or construction material with plastic sheeting . Store all construction materials in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of each work day. When the Work is completed , wash the streets and collect and dispose of the wash water offsite , in an appropriate location and lawful manner. D. After breaking old pavement , remove all debris to avoid contact with rainfall or runoff. E . Maintain a clean work area by removing trash. litter, and debris at the end of each work day and also when the Work is completed . Clean up any leaks . drips , and other spills as they occur. F . The requirements stated above are intended to be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities , and any other applicable documents on stormwater quality controls for construction. Contractor's failure to comply with this section will result in the issuance of noncompliance notices , citations, Work stop orders and regulatory fines . 22 . EARLY TERMINATION City may terminate this Contract for convenience , upon written notice to Contractor. City may also terminate this Contract for cause . If Contractor fails or refuses to perform the Work as required under this Contract , Contractor will be deemed in default. If the default is not cured to City 's satisfaction within two days after delivery of written notice of default to Contractor, City may , in its sole discretion, elect to do one or more of the following : A . Terminate the Contract immediately , upon written notice to Contractor. B . Complete the Work using City's own forces and charge Contractor for Pub lic Wo r ks Contract May 2017 2017 Cra ck Seal Project Page 12 Project No . 2017-121 all resulting costs and expenses, includ ing City staff time . C . Retain another contractor to complete the Work and charge Contractor for all resulting costs and expenses . D . Require the performance bond surety to pay for completion of the Work . E . Pursue any other remedy available to City at law or under this Contract. If City terminates the Contract for convenience or for cause , City will only owe Contractor payment for the Work satisfactorily performed before Contract termination . Nothing in Section 23 below is intended to delay, abridge or bar City 's right to terminate this Contract early pursuant to th is section. 23. DISPUTE RESOLUTION, LAW AND VENUE Any dispute arising under or relating to th is Contract is subject to the dispute resolution procedures of Publ ic Contract Code Section 20104 et seq ., which are incorporated by reference . Interpretation and enforcement of this Contract is governed by California law. Venue for any legal action filed in relation to this Contract is the Superior Court for the County of Santa Clara , California , and no other place . 24 . ADVERTISEMENT Contractor may not post, exhibit , or display any advertising s ignage at the Project site without prior written approval from City . This section does not apply to signage intended or required for general safety while the Work is in progress. 25. WAIVER A waiver by City of any breach of any term , covenant , or condition in this Contract will not be deemed a wa iver of any subsequent breach of the same o r any other term , covenant, or condition contained herein , regardless of the character of any such breach . 26 . WARRANTY Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginn i ng upon City's acceptance of the Work for the Project as comp lete ("Warranty Period "). During the Warranty Period , upon notice from the City of any defect i n the Work or the materials , Contractor must, at its sole expense , promptly repair or replace the defective Work or materials , including repair or replacement of any other Work or Pub lic W orks Contract Ma y 20 17 2017 C rack Seal Proj ec t Page 13 Project No . 2017-121 materials that is or are displaced or damaged during the warranty work , excepting any damage resulting from ordinary wear and tea r. 27 . INTEGRATION This Contract, Attachments A and B, and the documents and statutes attached , referenced or expressly incorporated herein , including any duly authorized and executed amendments or change orders to the Contract, constitute the full and complete understanding of every kind or nature whatsoever between City and Contractor w ith respect to the Work and the Project. No oral agreement or implied covenant will be enforceable against City. If any provision or authorized modification to this Contract is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable . all other provisions will remain in full force and effect. 28 . SURVIVAL Section 12 (Indemnity), Section 23 (Dispute Resolution). and Section 26 (Warranty) expressly survive termination or expiration of the Contract. 29 . INSERTED PROVISIONS Each provision and clause required by law to be inserted in th is Contract is deemed to be inserted , and the Contract will be construed and enforced as though each was included . If through mistake or otherwise any such provision was not inserted, o r not correctly inserted , the Contract will be deemed amended accordingly . 30 . CAPTIONS The captions in this Contract are for convenience only and are not a part of the Contract. They do not affect, limit or amplify the terms or provisions of the Contract. 31. AUTHORIZATION Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents , and that this Contract is legally binding on that party. If Contractor is a corporation , s ignatures from two officers of the corporation are required pursuant to California Corporations Code Section 313 . Public Wo rk s Contract May 201 7 2017 Crack Sea l Proj ect Page 14 Project No . 2017-121 The parties agree to this Contract as witnessed by the signatures below : Attachment A: Scope of Work Attachment B: Bond Forms Public Works Contract May 2017 2017 Crack Seal Project CITY OF CUPERTINO By-=-"'--'-r.-=:'--~'-",~==~"'--- Timm B elen Director of Public Works Date ---------- RECOMMENDED FOR APPROVAL: By ~Wll ~ Nam ~o Anne. ;S:i>\:vo$0Y1 Title Sc E]t"le.ui~ 1~-&yo,cJo---n Date G\ I 1~_2.,0\3:: APPROVED AS TO FORM : C,Q /.eBy kY ~ Name .R..ft<'J t i0 LP H S . :lli? M City Attorney\ \ Date q _ ".:< l _ I 'r Grace Schmidt City Clerk ~ '1 ~ Date I -~ 71 Contract Amount ~ z.-'t , ~ . ~ P.O. No . U l i · '2.-~ I Account No. )1"0 · f-5 · iz.,\ ,:zi) .1')1,- Page 15 Attachment A Scope of Work Contractor will perform the following Work for the Project, within the Contract Time set forth in Section 2 and for the Contract Price set forth in Section 3 of this Contract: Crack seal various city streets per attached specification . Public Works Contract May 2017 2017 Crack Seal Project Page 16 2017 Municipal Street Crack Sealing Technical Provisions and Traffic Control Requirements I. CRACK SEALING T EC HNI CAL SPECIFICATIONS a. Item Requirement EXHJBIT A This work shall consist of removin g vegetation , embedded sand and dirt and all oth er debris and incompressible materials , eva porating moisture from cracks and joints in the asphalt concrete pa ve ment . and cleaning and filling the cracks with rubber asphalt joint seal as specified in the se special provisions . and as directed by th e Engineer. b. Scope MATERIALS The crack sealant shall be a mi xture of paving asphalt and gro und rubber and shall conform to ASTM D6 69 0, Type II. CONSTRUCTION All cracks 3/32 of an inch wide or wider shall be sca led . Immediatel y prior to applying th e sealant , the cracks shall be cleaned. Removal of vege tation and all incompressible material s from crac ks and j oi nt s shall be by means of hot compre sse d air lanc e . (O ther method s s uch ·as routin g with compressed air cleanin g ma y be substituted at engineer 's s pccilication . Under ANY circumstances compressed air used for cleaning MUST be oil free .) Before sca lin g, the crack surfaces must be made c lean . du st free. and d1 y. The preferred way to remo ve the moisture is wit h the use of the hot compressed air lance . The temp erat ur e will be at lea st 200 0 de gree s F. The lance shall be not more than 50 feet ahead of the scalin g unit , as they pro gress down th e pa ve ment. so that the crack area do cs not hav e time to cool or tak e up ne w moisture fr o m below . Crack se al material s shall be placed in conformance with the manufacturer's recommendati o ns . Crack se al material s sha ll not be placed when the s urfa ce temperature is below 50 degree s Fahrenheit. The fini s hed crack se al shall be bonded to the crack s uch that there is no se paration or openi ng between the se alant and the crack edge and there shall be no cracks. se paration or other opening in the se alant. The Contractor shall remo ve crack sea l material that is not placed within the conformance of the se provisions , clean cracks as spcc i ficd herein and then reseal the cracks at hi s expense. c. Measurement & Pa yment The Co ntract Price shall be paid by the lineal foot for rubberi zed asphalt crack se al and shall include full compensation for furnishing all labor. material s . tool s. equipment. traffic control and in c id ental s, and for doing all the work involved in con s tru c tin g rubberi zed asphalt sca led cracks . complete in place. SECT[O N 101 7 Municipa l Slrcct <nick Sca lin g Tcdmic:.11 Spccilic,ui ons and fratlic ('untn,I Pr o ,·is i,m s A ugus 1 :!:!. ~O I 7 EXHIBIT A 2 -TRAFFIC CONTROL REQU IREM ENTS The Contractor shall submit traffic control plans to the Eng ineer for approval five (5) worki ng days prior to work on any arterial or collector streets. I . The Contractor shall conduct operation s and schedule cleanup so as to cause th e le as t po ssi bl e obstruction and inconvenience to traffic , pedestrian s, cyclists and adjacent propert y own ers . All work areas shall be swept clean at the end of each da y's work and at other time s w hen directed by the E ngineer. 2. Damage done by the Contractor during the course of the work to adjacent C it y. public or pri va te prop erty shall be repaired in kind, or as direct ed by the Engineer , at the Contractor 's expense. 3. No stockpiling of materials or parkin g of equipment during non-workin g hour s will be allowed on City propert y, i.e ., streets, alleys , park ing lots , sidewalks , etc . 4 . T he Contractor's employees are subject to all parking reg ulation s in effect in th e City of Cupe11i110. 5. The Co ntractor shall not a llo w traffic within wo rk areas until crack fill materia l has suffi cient ly cooled . 6. T he Contractor shall s uppl y. place , and maintain all ne cessary traffic co ntrol dev ice s in accordance with the applicable requirements of the California Manual of Uniform Traffic Co ntrol Dev ices , lat est edition. 7. A ll traffic control de v ic es shall conform to Section 12 of the Ca l tran s Sta ndard Specification s. They are to be in good condition and sufficiently clean so as to be easily visible to traffic. All signs shall be placed in positions where they convey their messa ge mo st effectively or as shown on th e approved traffic control plan. 8 . Dated "N o Parking To w Away" s igns shall be po sted a minimum of 48 hour s in advance of a ll work requiring that cars not be parked on the street. Date and tim e of work s ha l I be written on signs in two-inch-h ig h letters with a 14 -inch felt black marker. Signs shall be po ste d 50 feet on center and remo ve d immediately a fter the work is completed . The Contractor mu st notify Cupertino Code Enforcement Officers at (408) 777-3182 with location s of po st in g to ver ify fo rt y e ig ht ( 48) hour notice . 9. No work w ill be permitted w ithin 1500 feet of school gro unds until after 8:30 a.m. on sc hoo l da ys. Other special res trictions ma y be required at hea vi ly us ed school crossings or sc hool commute routes beyond 1500 fee t from the school grounds as deemed nece ssa ry for student safety by the Eng ineer. I 0 . No closure of lanes on a11erial and co ll ec tor st reets wi ll be permitted between the ho ur s of 7 and 9 a.m. a nd 3 :30 and 7 p. m. 20 17 M un icipal Stred C ,-.i ck Sc:iliu g Te ch nic al Spci:ifil:atinn s ~nd Tr..1 1li,.: C ontro l Pro \·isio11 ~ A ug usl 2:!.201 7 EXHIBIT A 11. If work will impact transit stops or transit routes , Contractor shall be required to contact Santa Clara Valley Transpo11ation Authority or other affected transit companies to address relocation of facilities or rerouting of buses prior to submitting traffic control plan. Traffic control plan should indicate what actions are being taken with regard to transit services. 12. All signs and other warning devices shall be provided by the Contractor and shall become his property after completion of the Contract. The cost of providing , installing and maintaining signs , lights , caution tape, delineators , flares , barricades and other facilities as directed by the Engineer for the con venience and direction of public traffic shall be included in the prices paid for the various items of work involved in the project. 13 . The above requirements are a minimum and do not limit the Contractor"s responsibility of doing all that is practical and necessary to ensure the safety of workers , pedestrians , bicyclists , and motorists . The Contractor shall confonn to the above traffic control requirements which are genera II y applicable to most common situations . Based on the nature of a job, additional conditions or exceptions to the above conditions may be necessary. 201 7 Mun ic ipal Street Crn ck Scal ing· Tc d micn l S pc c i lic alin ns and Tra lTic Cnnlrol (•ro\·is im11• A ugu~I ~2. :!01 7 BOND BLACKTOP, INC. P.O. Box 616 Union City, CA 94587 Ph: (510) 783-9909 Fax: (510) 783-9907 CA Contractors License #746432 Registration No. I 0000019 72 PROPOSAL Attn: Joanne Fax #: Pro.iect: 2017 Crack Seal Project Type of Work: Craekfilling Bid Date: 8/25 /2017 Number of Move-Ins: Each Additional: $ (1 ,500 Estimator: Mark Pierce !.!fil1 # DESCRIPTION UNIT QTY P.O. Cnu.:k Seal Rcsidcnlial Slrccts LS l'osiing or "N o Parkin g" signs is i11 c lu<lc<l . P .O . Bonds LS NOT ES : Crnck seal for a lta c he d s lrccl s only .. --To assurr crew :1n1il11hilitf. work must he schctluleJ 20 d :1y s in ach·:,ncr. --Prices subject lo C:ilTr:ons :1 s plml1 ind,•x ns outlined in the l:11esl standards s pecilicalion s. --lnsun,ncc to he rwo\.·idcd until fhc comrlt•tiun :mt.I :tl'Cl"(lt:tnn~ of Subcontractor~ wurli. --,\t·crptant·e of hid/Propos:11 acl·rpt.iiiii thc~c exclus ions rcganJl(•ss of rcquircm(•nts b~· OWlll'r. Exclusions: [8JPos tin g iNo tifi cnti o n [81St riping C8)Jn spcctinn , Tl$ling . Eng ineering . Su rveyi ng [8JS1ripe Removal 0Pcn11i1s .:B011J s [8]Tcmpurary Dclinc..iliun [81Tmnic Control Plan s 0Trartic C ontrol [8J SWPJ>P (S torm Water l'olhniun C8]Flau mcn Preventio n Program) [8.JTrnf·fo: OfJici:rs [8JQC/QA Prog ram [8]Pilot Car 18)0Cll'/Wrnp Up 18)l'hang cabk 1'.tcss ag c Sig n Uoa rd s [8]\Va i,·cr of Suhrngnti<ln [8}C nns tru c t io n An:a Signs [8J01hcr: Routing crncks. ,caling c rack!-, la rger th an , ,.. conc re te routing. AR 4000 This proposal is rnlid for JO du~·, :ifl~r hid dote. BONO BLACKTOP . I NC. is a non-uni o n Contractor 0 Crack lillin g [8J\Vct:d S1crili zr1tion!Rl·mcn al 18]1'a tchin g 18]Tack Coa t [8]Prc-S \\ccping 1811 kn,')' C leaning 18'lPrimcOi l [811.i g ht Tu\\'crs s SBE #1765614 WBE #2005124629 UNIT PRICE 29 ,000 .000 750 .000 TOTAL: TOTAL $29.000 .00 0 .00 0.00 750.00 0. 00 0 .00 0 .00 0 .00 0 . 00 0. 00 0 .00 0 .00 0 .00 0 .00 () .()() 0 .00 0 .00 0 .00 0 .00 0 .00 $29,750.00 18) Fog Sc.~I [8]t;1 :1 c.Ji n!.d b f.c Ro..:k 18]Ro ll in g- 18)Ni~ht \\'ork [8J calib rn 1i o11 !> (8]Rdc11t iun \'012 .14 Public Works Contract May 2017 2017 Crack Seal Project Attachment B Bond Forms (follow) Pag e 17 ISSUED IN TRIPLICATE THREE OF THREE ORIGINALS Bond No. 651831 P Premium : $595 .00 Performance Bond The City of Cupertino ("City") and _B_o_n_d_B_la_c_kt_o_p,_l_n_c. ____________ _ ("Contractor") have entered into a contract , dated September 5th , 20_1l__ ("Contract") for work on the 2017 Crack Seal Project Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). Developers Surety and 1. General. Under this Bond , the Contractor as Principal and Indemnity Company , its surety ("Surety"), are bound to City as obligee for an amount not less than $29,750.00 (the "Bond Sum"). By executing this Bond, Contractor and Surety bind themselves and their respective heirs , executors , administrators, successors and assigns , jointly and severally, to the provisions of this Bond . 2. Surety's Obligations; Waiver. Surety's obligations under this Bond will remain in full force and effect during the Contract term and the one year warranty period under the Contract. If Contractor fully performs its obligations under the Contract , including its warranty obligations under the Contract , Surety's obligations under this Bond will become null and void upon expiration of the one year warranty period under the Contract. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract , including changes to the scope of work or extensions of time for performance of work under the Contract. Surety waives the provisions of Civil Code Sections 2819 and 2845 . 3. Application of Contract Balance. Upon making a demand on this Bond , City will make the Contract balance available to Surety for completion of the work under the Contract. For purposes of this provision , the Contract balance is defined as the total amount payable by City to Contractor as the Contract price minus amounts already paid to Contractor, and minus any liquidated damages , credits , or backcharges to which City is entitled under the terms of the Contract. 4. Contractor Default. Upon written notification from City that Contractor is in default under the Contract, time being of the essence, Surety must act within seven days of the date of the written notice from the City referencing this section to remedy the default through one of the following courses of action : 4.1 Arrange for completion of the work under the Contract by Contractor, with City's consent , but only if Contractor is in default solely due to its financial inability to complete the work; 4.2 Arrange for completion of the work under the Contract by a qualified contractor acceptable to City , and secured by performance and payment bonds issued by an admitted surety at Surety's expense ; or 4.3 Waive its right to complete the work under the Contract and reimburse City the amount of City 's costs to have the remaining work completed . 5. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety's default, including legal , design professional , or delay costs . Public Works Contract May 2017 2017 Crack Seal Project Page 20 6. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows : Attn : Developers Surety and Indemnity Company Address : __ 1_6~5_5_G_r~a_n_t S~t~re~e~t~S~ui~te~#_6~0~0 ________ _ City/State/Zip : ~C~o~n~co~r~d~C=a~lif~o_rn_ia_94_5_2_0 __________ _ Phone: 925 -288-6795 Fax : ____ 9_2-6--2-8-6--3~1_9-9 ______________ _ Email : 7. Law and Venue. This Bond will be governed by Ca lifornia law , and any dispute pursuant to th is Bond w ill be venued in the Superior Court for Santa Clara County , and no other place . Surety will be responsible for City 's attorneys' fees and costs in any action to enforce the provisions of this Bond. 8. Effective Date; Execution. This Bond is entered into and effective on September 7th , 20.1.Z_. Three identical counterparts of this Bond , each of which is deemed an origina l for all purposes , are hereby executed and subm itted . SU RE TY : Developers Surety and Indemnity Company Business Na rn ~ sf ~ ~-)~=::> Jocelyn Y. Quirt , Attorney -in-Fact Name/Title [print] (Attach Acknowledgment w ith Nota ry Seal and Power of Attorney) Name/Title [print] s/~~ APPROVED BY CITY: sf Name/Title [print] Publi c Works Contract May 2017 2017 Crack Se a l Project END OF PERFORMANCE BOND Page 2 1 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 docume nt . State of California County of Santa Clara on September 7, 2017 before me, K. B. Simon, Notary Public --------------------------------(insert name and title of the officer) personally appeared Jocelyn Y. Quirt 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. WITNESS my hand and official seal. 1············~ .. K. 8.SIMON : ,< ·: .. · ·~:· Nota ry ~ublic -Ci1 1iforn ia z ~ : ... Sa ntil Cl ara Cou nty ~ " . · Co mm is sion # 2199771 - My Co mm . Expi res Jun 28, 2021 (Seal) ' ISSUED IN TRIPLICATE THREE OF THREE ORIGINALS Bond No. 651831 P Payment Bond The City of Cupertino ("City") and ------~B_o_n~d_B~la_c_k=to.,.,;.p_,_ln_c_. ~~----- ("Contractor") have entered into a contract , dated September 5th , 20___!2_ ("Contract") for work on the 2017 Crack Seal Project Project ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond "). Developers Surety and 1. General. Under this Bond, Contractor as principal and __ ln_d_e_m_n_it_y_C_o_m_p_a_n_y __ , its surety ("Surety"), are bound to City as obligee in an amount not less than $ 29 ,750.00 ("Bond Sum "), under California Civil Code Sections 9550 , et seq . 2. Surety's Obligation. If Contractor or any of its subcontractors fails to pay any of the persons named in California Civil Code Section 9100 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 and its subcontractors , under California Unemployment Insurance Code Section 13020, with respect to the work and labor, then Surety will pay for the same. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code Section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond . 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the work required by the Contract , in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void . Otherwise , Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the work under the Contract. Surety waives the provisions of Civil Code Sections 2819 and 2845 . City waives requirement of a new bond for any supplemental contract under Civil Code Section 9550 . Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Developers Surety and Indemnity Company Address : 1655 Grant Street, Suite #600 City/State/Zip : __,c~o...,.n~c,...,o ... rd""'",..,.c_a"'"li-fo_r_n_ia_9_4_5_2_0 _________ _ Phone : 925-288-6795 Fax : ----=92=5"---=29"'"'5"---=-3-'-'19"""'9'--------------- Email: 6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for Santa Clara County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. Publ ic Works Contract May 2017 2017 Crack Seal Project Page 18 7 Eff . D t E t· Th' B d . t d . t d . ff t· September 7th . ectrve a e; xecu ,on. 1s on 1s en ere in o an 1s e ec 1ve on , 20-22,. Three identical counterparts of this Bond , each of which is deemed an original for all purposes , are hereby executed and submitted . SURETY: _D_e_v_e_lo_p_e_rs_s_u_re_ty_a_nd_ln_d_e_m_n_it_y_c_o_m_pa_n_y ____________ _ Business Name sf __ ===== __ --_{ ??)______L____::~=-----=, ==--~) _ Jocelyn Y. Quirt , Attorney-in-Fact Name/Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: __ B_o_n_d_B_la_c_kt_o_p_, l_n_c. ________________ _ sl ~~~ T)c:bb;b~ \ \on Y rc::5 ~-\- Name/Title s/~~\ Name/Title APPROVED BY CITY : s/ ___________________ ~ Name/Title Public Works Contract May 2017 2017 Crack Seal Project END OF PAYMENT BOND Page 19 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, acc uracy, or validity of that document. State of California County of Santa Clara On ___ s_e_pt_e_m_b_e_r _7_, 2_0_1_1 __ before me, ____ K_. _B_._S_i_m_o_n_,_N_o_t_a_ry_P_u_b_l i_c ___ _ (insert name and title of the officer) personally appeared Jocelyn Y. Quirt 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. WITN E SS my hand and official seal. ~-··········· K. B.S IMON l .,_ .:., Notary Public -Cilifornia : Santa Clara County ~ Comm issio n # 2 199771 - (Seal) My Co mm. Expires Ju n 28, 20 21 ' POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725 , IRVINE , CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited , DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA , do each hereby make , constitute and appoint: ••• Jocelyn Y. Quirt*** as their true and lawful Attorney(s)-in-Fact , to make , execute , deliver and acknowledge , for and on behalf of said co rporati ons , as sureties , bonds , undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corpo rations could do , but reseNing to each of said corporations full power of substitution and rev ocation , and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents , are hereby ratified and confirmed . This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORN IA , effective as of January 1st, 2008 . RESOLVED , that a combination of any two of the Chairman of the Board , the President , Executive Vice-President , Senior Vice-President or any Vice President of the corporations be , and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corpo ration s, bonds , undertakings and contracts of suretyship ; and that the Secretary or any Assistant Secretary of either of the corporations be , and each of them hereby is , authorized to attest the execution of any such Power of Attorney; RESOLVED , FURTHER , that the signatures of such officers 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 signatures sha ll be valid and binding upon the corporations when so affixed and in the future with respect to any bond , undertaking or contract of suretys hip to which it is attached . IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be sig ned by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of Feb ruary , 2017. By~t:14~ Daniel Young , Senior Vice-President By~~ Mark Lansden, Vice-President 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 Orange On ----~Fe=b=ru=a~ry~6~, =20~1~7 ____ before me , Date Lucille Raymond , Notary Public He re Insert Name an d TiUe of the Officer personally appeared -------------------=D'-=a'-"ni"'el--'Y,-"'ou"'n"'g-=a'-"nd~M"-'a"'r"-k =La"'n""sd=oc..cn __________________ _ Place Notary Seal Above 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 instrume nt 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. WITNESSmyhandandoffictal seal. ~ ~ Signature ----------1--f>C..C.-----------+----"------ Luctll~rc CERTIFICATE The undersigned , as Secretary or Assistant Secretary of DEVELOPr:f,S SURETY ANO INDEMN ITY COMPANY or INDEMNITY COMPANY OF CA LIFORNIA , does hereby certify that the foregoing Power of Attorney remains in full force and has not Ot)en revoked ~nd , furth erm ore , that the provisions of the reso lution s of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the c!:ite of thi~ Certificate. This Cert ifi ca te is executed in the City of IN ine , California , fr1is 7th day of Sep terr:ber , 2017 . ATS-1002 (02/17) ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD /YYYY) ~ 9/7/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . THIS CERTIFICA TE DOES NOT A FFIRM ATI VELY OR NEGATIVE L Y A MEND , EXTEND OR ALT ER THE COVERAG E A FF ORD ED B Y T HE POLICIES BELOW. THIS CERTIFICAT E OF INSURANCE DOES NO T CONSTITUTE A CONTRACT BETWEEN THE ISSU ING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTI FICATE HOLDER. IMPORTANT : If the certificate holder is a n ADDITIONAL INSURED , the policy(ies) must have ADD ITI ONAL INSURED provis ions o r b e e ndorsed . If SUBROGATION IS WAIVED, subject to t he terms a nd conditions of the policy, certain policies m ay require a n endorsement. A stateme nt o n this certificate does not confer rights to t he certi fi c ate holder i n lieu of such endorseme ntls l . PRODU CER CO NT AC T Joann e Cadarette NAME : lnterW est Insurance S ervices ;.~9NJ_ FYI\· 916-609-8362 I rn~ .,_,_ 916-979-7562 Licen se #0 8 01094 ;;:..M,,A~~cc . jcadarette@iwi n s .co m P .O. B ox 255188 S acra mento CA 95865-5188 INSURER($) AFFORDING CO VERAG E NAIC # IN SURER A: F in a n c ia l P acifi c Ins Com pany 31453 INSU RED BONDB-1 INS URE R B : B o n d Bl acktop , Inc. INS URER C: P .O . B ox 616 INS URER D : Un ion City CA 945 87 IN SURER E: INS URER F : COVERAGES CERTIFICATE NUMBER · 362454656 REVISION NUMBER · TH IS IS TO CERT IFY THA T THE PO LI CIES OF INSURANCE LI STED BELOW HAVE BEEN ISS UED TO THE INSURE D NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWIT HSTANDING ANY REQUIREMENT , TERM OR CONDIT ION OF ANY CON TRAC T OR OTHE R DOCUMENT WITH RESPECT TO WHIC H THIS CERTI FI CATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORD ED BY TH E POLICI ES DESCRIBED HEREIN IS SUBJ ECT TO ALL THE TERMS , EXCLUS IONS AN D CONDI TIONS OF SUCH POLIC IES. LIM ITS SHOWN MAY HAV E BEE N RED UC ED BY PAID CLA IMS. INSR TY PE OF INS URA NCE 'ADDL i<>Ut,t< POLI CY EFF POLI CY EXP LIMIT S LTR INSD WVD POLI CY NUMBER fMM/DD /YYYY l fMM/D D/YYYY l A X COMME RCIA L GENERAL LIA BILI TY y y 60432025 5/6/2017 5/6/2 018 EACH OCCURRENCE $1,000,000 ,__ =:J CLA IMS-MADE W OCCUR DAMAGE TO RENTED ,__ PREMISE S /Ea occu rren ce\ $100 ,000 L Contra~tual Liab MED EXP (Any one pe rson) $5,000 L ll1 QQQD!lQ, PERSON AL & ADV INJURY $1,000,000 GEN'L AGGREGATE LI MIT APPLIES PER: GENERAL AGGREGATE $2,000,0 00 ~ 0PRO-DLoc PRODU CTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER : $ A AU TOMOB ILE LI ABI LITY y y 60432025 5/6/2017 5/6/2018 IE~'::~~~~~tf INl,LI= LIMI I $1,000,000 - X ANY AUTO BODIL Y INJURY (Per person) $ ,__ OWNED -SCHEDULED AUTOS ON LY AUTOS BODILY INJURY (Per acci dent) $ ,__ HI RED -NON-OWNED PROPER TY DAMAG E X AUTOS ONLY X AUTOS ONLY /Per accident\ $ ,__ -$ A UMBRELLA LIA B HOCCUR 60432025 6/6/2017 5/6/20 18 EACH OCCURRENCE $2,000 ,000 ,__ X EXC ESS LI AB CLAIMS-MADE AGGREGATE $2,000,000 OED I X I RETENT ION$ 0 $ WORKERS CO MP ENS ATION I ~ffTuTE I I OTH- AN D EMPLOYERS' LI AB ILI TY ER Y /N ANY PROPRIETOR/P ARTNER/E XECUTI VE D N /A E.L. EACH ACCIDENT $ OFF ICER/MEMBER EXCL UDED ? (Ma ndatory In NH ) E.L. DISE ASE -EA EMPLOYEE $ ~~S~~(ti[t~ otoPERATIONS below E.L. DISE AS E -POLICY LIMIT $ DESCR IPT ION OF OPERATIONS/ LOCATIONS/ VEHI CL ES (ACORD 101 , Add itional Remark s Schedule , may be attached if more space is required) Re : Job #17064, P roject #2017-121 , DIR #1000001972, 2017 Municipal Crack S ea lin g P roject. Add it io n al in sured statu s App lies as required by w r itten contract per endorsement attached C ity of Cupertino , including its City Council, boards and co mmiss io n s, officers, officials, agents , employees, cons ul ta nts and vol u n t eers. P rimary wording pe r attach ed e n dorsemen t. W aiver o f S u brogation appli es to Gen eral Liability and A utomobi le Li ability per th e a ttached endorsem ents . 30 day notice of ca n ce ll a tio n , except 10 d ay n otice for n on-paym e nt o f pre mi um appli es per po licy p rovis io n s . CERTIFICATE HOLDER CANCELLATION SHOULD AN Y OF THE ABOVE DESCR IBED POLI CIES BE CANCELL ED BEFOR E City of C upe rti no THE EXPIRATION DATE THER EOF, NOTI CE WIL L BE DELIVERED IN 10300 To rre Avenu e ACCORDANCE WITH TH E PO LI CY PROV IS IO NS. Cupertino CA 95014 AUTHORIZED REPRES ENTATIVE I !w~- © 1988-2 01 5 ACORD CORPORATION . All r i g hts r e served . ACORD 25 (2 016/0 3) The A CO R D name an d log o are r egistered marks o f AC ORD POLICY NUMBER: 60432025 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMM ER CIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Re: Job #17064, Project #2017-121, DIR #1000001972, 2017 Municipal Crack Sealing Project . Addi tional insured status Applies as required by written contract per endorsement attached City of Cupertino , including its City Council, boards and commiss i ons, officers, officia l s , agents, employees, consultants and volunteers. Primary wording per attached endorsement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization is held liable for "your work" for that person or organization by or for you. This endorsement applies to the following work: Description of Job: See Above Location of Job: see Above A l only Effective from: Effective Date: 5 /6 /2017 Expiration Date : 5 /6 /201s When this endorsement applies , such insurance as is afforded by the general liability policy is primary and any other insurance shall be excess and shall not contribute to the insurance afforded by this endorsement. CG 20 10 11 85 Modified (07-01) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc ., with its permission. POLICY NUMBER: 60432025 COMMERCIAL GENERAL LIABILITY CG24041093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Re: J ob #170 6 4, P r oje c t #20 1 7 -1 2 1 , DIR #1 00 0 001972, 20 1 7 Mu n i c ipa l Cr ack S ea ling Pro j ect. Addition a l i nsured st a t us App li es as requ i red by wr i t t en contrac t per endo r sement (If no entry appears above , information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV -COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following : We waive any right of recovery we may have aga in st the person or organi zation shown in the Schedule above becaus e of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organi zation and included in the "products -c ompleted operations hazard". This wa iver applies only to the person or organ iz ation shown in the Schedule above. CG 24 0410 93 Co pyri ght, In sura nce Serv ices Offi ce, In c., 1992 Page 1 of 1 POLIC Y NUMBER: 60432025 ASDA AU 07 01 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insura nce provided under the following : BUSINESS AUTO COVERAGE FORM SCHEDULE NAMED INSURED: Bond Blackt op , In c. P .O. Box 6 1 6 Union City CA 94 5 87 ADDITIONALINSURED:Re: Job #17064 , Pro j ec t #2017-121 , DIR #100000 1 972, 2017 Mu ni cipal Cra c k S e alin g Projec t . Add iti onal i nsured status Appl i es as requ i red by wr it te n cont ract pe r e n dorseme nt attached Ci ty of Cup erti no , inclu di n g WHO IS AN INSURED (SECTION II) is amended to include as an insured the organization shown in the Schedule above , but only with respect to the operation of vehicles owned by the named in sured and operated on behalf of the named insured. T his endorsement does not apply to any operations fo r othe r th a n the named insured . Each person or organi zation named above is an insured for liability coverage, but only to the extent that person or organ iz ation qual ifies as an insured under the Who Is An Insured provision of Section II Liab ility Co ve rage. The add itionai insured is not required to pay for any premiums stated in the poli cy or earned from the policy. Any return premium , if applicable , declared by us shall be paid to you. You are authorized to act for the additional insured in all mailers perta ining to th is insurance. We will mail the additional insured notice of any cancellation of this policy . If the cancellation is by us , we will give thirty days notice to the additional insured . Th e additional in sured will retain any right of recovery as a claimant under t his pol icy. ASDA AU 07 01 Page 1 of 1 POLICY NUMBER: 60432025 ASDA AU 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: Re: Job #17064, Project #2017-121 , DIR #10000019 7 2, 201 7 Muni cipa l Crack Sealin g Project. Additio n al ins ured status Applies as required by wr itten contrac t pe r endorsement a tt ac h ed Ci t y of The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV BUSINESS AUTO CONDITIONS) is amended by the addition of the following : We waive any right of recovery we may have against the person or organization shown in the Schedule above oo- cause of payments we make for bodily injury or property damage arising out of losses or accidents which occur during the policy period . This waiver applies only to liability you assume pursuant to a contract with the person or organization shown in the schedule . ASDA AU 07 02 Page 1 of 1 BONDB-1 OP ID: CG ACC>RCX CERTIFICATE OF UABIUTY INSURANCE I DATE (MM/DD/YYYY) ~ 09/06/2017 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and cond itions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~i~cT Coryn Gardiner Clarion Pacific Insurance Srvs rt8NJo Extl: 831 -337-4661 I rffc Nol : 831-612-1810 2035 N . Pacific Ave. Santa Cruz, CA 95060 ~flJ~ss, Coryn@oac-risk.com Ryan Deane INSURER(SI AFFORDING COVERAGE NAIC# INSURER A : Everest National Insurance Co. 10120 INSURED Bond Blacktop Inc INSURER B : PO Box 616 INSURER C : Union City, CA 9 4 587 INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 . EXC LUSIONS AND CONDITIONS OF SUC H POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR I TYPE OF INSURANCE IAuuL l~DI POLICY EFF POLICY EXP LIMITS LTR INSD POLICY NUMBER IMM/00/YYYYl IMM/DD/YYYYl rnMMERCIAL GENERAL LIABILITY I I EACH OCCURRENCE !s CLAIMS-MADE D OCCUR I DAMAGFTO-l'U:Nrl:D Is PREMI SES (Ea occu rrence\ d MED EXP (Any one person} !s PERSONAL & ADV INJU RY i s GEN"L AGGREGATE LI MIT APPLIES PER: GENE RAL AGGR EGATE I s R D PRO-D I PRODUCTS . COM P/OP AGG I $ POLICY JECT LOC OTHER : I s Fl~""' "'""~ I I COMBINED SINGLE LIMIT j $ (Ea accidenll ANY AUTO BODILY INJURY (Per person} I $ '" ,-., ~ ""'°''" I I BODILY INJU RY (P er accidenl} I $ AUTOS AUTOS NON-OWNED I I PROPERTY DAMA GE I s HIRED AUTO S AUTOS I I (Per acciden ll I I s H UMBRELLA LIAB H OCCUR I I EACH OCCURRENCE I: EXCESS LIAB I CLAIMS-MADE I AGGR EG ATE I OED I I RETENTION $ I I ! $ WORKERS COMPENSATION Y/N I I I X I PER I I fJH-I AND EMPLOYERS" LIABILITY STATU TE A ANY PROPRIETOR /PAR TNER/E XECUTIVE D X 7600015527161 10/01/2016 10/01/2 017 E.L. EAC H ACC IDENT I s 1,000,00( OFFICER/MEMBER EXC LUDED ? NIA E.L. DI SEA SE -EA EMPLOYE E/ $ 1,000,000 (Mandatory in NH) g~;t~;~;t~ o'f'6PERATIONS be low I I E.L. DISEA SE -POLICY LIMIT I $ 1,000,000 I I I I ' I I I I I DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule, may b e attached If more space Is required) With respect to t he operations of the Named Insured as re~uired by written contract at job: Cify of Cupertino 2017 Crack Seal Project ( 7064 ). Attached waiver of subrogation applies to WC coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS . 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino , C A 9501 4 -~~ I © 1988-201 4 ACORD CORPORATION . All rights reserved. ACORD 25 (2014/01) The AC ORD name and logo are registered marks of AC O RD WORKERS COMPENS ATI ON AM O El\ilPLOYERS LIABILITY INSURANCE POLICY WC 04-0 3 0 6 VVAiVER OF OUF\ R!GHT TO RECOVER FROM OTHERS END0R3Ero1ENT - CAUFORN!A We have the r ight to recover our payments from anyone liable for an injury covered by ihis policy. We will not enforce our right against the person or organization named in the Schedule. (This agreemen t applies only to th e extent that you perform work under a wriiten contract that requires you to obtain this agreement from us .) You must maintain payroll records ac c urately segregating the remuneration of your employees while engaged in the worl< described in ihe Schedule. The additional premium for t his endorsement shall be 2% of the California workers · compensation premium otherv,ise due on such remuneration . SCHEDULE PERSON OR ORGAr.JIZA.TIOi\J ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10-05-16 Policy No . 7600015527161 Insured: BOND BLACKTOP INC Insurance Company EVEREST Nt\TiON.i\L iNSUt-1 .i\MCE COMPP-.NY Endorsement No . 001 Premium $ INCL . Countersigned By:--------------------- -1998 by th e Workers' Compensation Insurance Rating Bureau oi California. All rights reserved. Frnm the WCIRB's California Workers' Compensation Insurance Forms Manual -1999.