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17-145 JJR Construction, 2017-18 Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2017-112
Project No.2017-112 DOCUMENT 00520 PO $" � CONTRACT THIS CONTRACT,dated this 2-1 day of 0 ,2017,by and between�J�J�-�,1g;&Vhose place of business is located at 11y0 K ikt f - S ("C,�o- ctor"),and the CITY OF CUPERTINO, a Municipal Corporation of the State of California("City")acting under an by virtue of the authority vested in the City by the laws of the State of California. WHEREAS,City,on the day of A1204 awarded to Contractor the following Project: PROJECT NUMBER 2017-112 2017/18 RECONSTRUCTION OF CURBS, GUTTERS,AND SIDEWALKS 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 Roger Lee,Assistant Director of Public Works,to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives,including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation,all releases and indemnities. 2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue,Cupertino,California 95014 or to such other person(s)and address(es)as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700(General Provisions)by May 1,2018 as provided in Document 00700(General Provisions) 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses(such as project management and consultant expenses), if all or City of Cupertino 00520- 1 Contract 2017/18 Reconstruction of Curbs,Gutters and Sidewalks Addendum 2 Project No.2017-001 any part of the Work is not completed within the times specified above,plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Provisions), Contractor and City agree that because of the nature of the Project, it would be impractical or 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 $500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.2 $75 per Calendar Day for failure to remove concrete from a work area within the same calendar week. 3.2.3 $75 per Calendar Day for failure to replace asphalt to finish grade within 30 calendar days. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City(for example, delay claims of other contractors,subcontractors,tenants,or other third-parties),and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid,attached hereto: See Exhibit"A"attached Article 5. Contractor's Representations In order to induce City to enter into this Contract,Contractor makes the following representations and warranties: 5.1 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, or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700(General Provisions)of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work,as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. City of Cupertino 00520-2 Contract 2016/17 Reconstruction of Curbs,Gutters and Sidewalks Project No.2017-112 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 seg.in document 00340(Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents,including all changes,addenda,and modifications thereto: Document 00002 Signature Page Document 00003 Project Directory Document 00012 Caltrans/City Cross-Reference Table Document 00100 Advertisement For Bids Document 00200 Instructions to Bidders Document 00210 Indemnity and Release Agreement Document 00400 Bid Form Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00520 Contract Document 00530 Insurance Forms Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Traffic Control Requirements Document 00821 Insurance Document 00822 Apprenticeship Program Document 01010Technical Specifications Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Provisions). City of Cupertino 00520-3 Contract 2017/18 Reconstruction of Curbs,Gutters and Sidewalks Addendum 2 Project No.2017-001 Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code§4100 et seq. 7.4 The Contract Sum includes all allowances(if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C.§15)or under the Cartwright Act(Chapter 2(commencing with Section 16700)of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor,without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft,classification,or type of worker needed to execute the Contract,as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office,or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northem.htmi and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code,Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part,term or provision of this Contract or any of the Contract Documents,or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived,they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law(excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700,Article 12,established under the California Government Code,Title 1,Division 3.6,Part 3,Chapter 5. City of Cupertino 00520-4 Contract 2016/17 Reconstruction of Curbs,Gutters and Sidewalks Project No.2017-112 IN WITNESS WHEREOF the parties have executed this Contract in triplicate the day and year first above written. 2016/17 RECONSTRUCTION OF CURBS,GUTTERS AND SIDEWALKS CITY: CONTRACTOR: .T.+�,IQ.CoN sTrveJ"/o� Zn CITY OF CUPERTINO,a Municipal Corporation of the State of California By: [Signature] Attest: [Please print name here] City Clerk: Grace Schmidt Approved as to form by City Attorney: Title: J�r�J• (J�.t.I'I [If Corporation: Chairman,President,or Vice President] s City Attorney: Randolph Hom By: &z4oelAo0e,� [Signature] " I hereby certify, under penalty of perjury,that Timm Borden, [Please print name here] Director of Public Works of the City of Cupertino was duly authorized to execute this document. Title: ere T/ i [If Corporation: SecretaryAssistant Secretary, Chief Financial Officer,or Assistant Treasurer] Dated: 09he 4(0"p 415- z9 C0oll State Contractor's License No. Classification avid Brandt,City Manager of the City of Cupertino,a Expiration ate Municipal Corporation of the State of California Designated Representative: Taxpayer ID No. Name: Roger Lee Name:. &UZO-4Z Title:Assistant Director of Public Works Title: Address: 10300 Torre Ave., Cupertino, CA 95014 Address:�l�Q/�in j pl�C� X9-AJ Ait nV 1Fy7d Z Phone:408-777-3269 Phone: Facsimile:408-777-3354 Facsimile: NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A AMOUNT:2,648,138.00CORPORATION, CORPORATE SEAL AND CORPORATE 1X%'s NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE ACCOUNT NUMBER:270-85-820-900-9_-LJ6 vibl ow REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY ACCOUNT NUMBER 270-85-821-900-921 NO.IS REQUIRED FILE NO.: �� �. Z�d City of Cupertino 00520-5 Contract 2017/18 Reconstruction of Curbs,Gutters and Sidewalks Addendum 2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of -S- On 0C_7"-1 �9 before me, l� S �, P-9-an e P S7 v at.-� u,9 Notary Public, n (Here insert name and tle of the officer) personally appeared �4 o J1 /� a e o S' a who proved to me on the basis of satisfactory evidence to be the persono whose name(4 is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity), and that by his/her/their signator on the instrument the perso>wl or the entity upon behalf of which t e personoyacted, 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. KIRSTEN RENEE SOUARCIA Commission#2080884 -i Notary Public-California D WI ESS my hand and official seal. Z ` sante Clara county LMM Comm. E)t res Oct 4,2018 (Notary Seal) Si tore of Notary Pubic ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California ae. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required Number of Pages Document Date • State and County information must be the State and County where the document g signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). - Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. Ire/sheldw) is/are)or circling the correct fors.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment for. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document C 2004-2015 Prounk Signing Service,Inc.-All Rights Reserved www.TheProl.ink.com-Nationwide Notary Service Bond No.: 1990751 EXECUTED IN DUPLICATE Premium:$28,476.00 Project No.2017-112 DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated August 29,2017, is in the penal sum of Two million six hundred forty eight thousand one hundred thirty eight and N0/100 ($2,648,138.00) [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 1 through 12, attached to this page. Any singular reference to JJR Construction,Inc. ("Contractor"), Great American Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California("City")or other party shall be considered plural where applicable. CONTRACTOR: SURETY: JJR Construction,Inc. Great American Insurance Company Name Name 1120 Ninth Avenue 301 F.4th Street Address Principal Place of Business San Mateo,CA 94402 Cincinnati,OH 45202 City/State/Zip City/State/Zip CONSTRUCTION CONTRACT: 2017/18 RECONSTRUCTION OF CURBS,GUTTERS AND SIDEWALKS PROJECT NUMBER 2017-112 at Cupertino,California. DATED August 29 ,20_17 in the Amount of$2,648,138.00 (the"Penal Sum") CONTRACTOR AS PRINCIPAL (Corp. Seal) SURETY (Co eal) Company: JJR Construction,Inc. Company: re erica I :e Company Signature: C�24??2o"C� Signature: Name and Title: Carlos Raposo Name and Title: Mark C.Johnson President Attorney-in-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety,jointly and severally, bind themselves,their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond. 3. If there is no City Default, Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract;and 3.2 City has agreed to pay the Balance of the Contract Sum: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract;or 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract. City of Cupertino Construction Performance Bond 2017/18 Reconstruction of Curbs,Gutters and Sidewalks 00610- 1 Project No.2017-001 4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4,below);or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City's consent;or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety's obligations defined in paragraph 6, below, exceed the Balance of the Contract Sum,then Surety shall pay to City the amount of such excess;or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. If City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6,below. 5. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including,without limitation,and by way of example only,rights to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors. 6. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall include,but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to, all valid and proper backcharges,offsets,payments,indemnities,or other damages; 6.3 Additional legal,design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4,above(but excluding attorney's fees incurred to enforce this Bond). 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. City of Cupertino Construction Performance Bond 2017/18 Reconstruction of Curbs,Gutters and Sidewalks 00610-2 Project No.2017-112 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. 10. All notices to Surety or Contractor shall be mailed or delivered(at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. 12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract. 12.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract including,but not limited to, "default" or any other condition allowing a termination for cause as provided in Document 00700 (General Conditions). 12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT City of Cupertino Construction Performance Bond 2017/18 Reconstruction of Curbs,Gutters and Sidewalks 00610-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County Contra of ntr Costa On August 29,2017 before me, Cathy A.Shapard Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Mark C.Johnson Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons}whose name(, -is/ar-e-subscribed to the within instrument and acknowledged to me that he/shre/"- executed the same in his/hajAhelr authorized capacity(*, and that by his/heOtheir sign aturefs)-on the instrument the personj2�, or the entity upon behalf of which the person) CATHY A. SHAPARD acted, executed the instrument. Commission # 2134146 z -m Notary Public -California D I certify under PENALTY OF PERJURY under the laws of Z = Contra costa County the State of California that the foregoing paragraph is true My Coinm. Expires Dec 14,2019 f and correct. Witness my hand and official seal. Signature (!Q2!2� d� Am�� Place Notary Seal Above Signature of Not Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Performance Bond Document Date: August 29,2017 Number of Pages: 3 Signer(s) Other Than Named Above: JJR Construction,Inc. Capacity(ies)Claimed by Signer(s) Signer's Name: Mark C.Johnson Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General [X Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Great American Insurance Company Bond No.: 1990751 EXECUTED IN DUPLICATE Premium:Included in Performance Bond Project No.2017-112 DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND("Bond")is dated August 29,2017,is in the penal sum Two million six hundred forty eight thousand one hundred thirty eight and NO/100 ($2,648,138.00 [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to JJR Construction,Inc. ("Contractor"), Great American Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: SURETY: JJR Construction,Inc. Great American Insurance Company Name Name 1120 Ninth Avenue 301 E.4th Street Address Principal Place of Business San Mateo,CA 94402 Cincinnati,OH 45202 City/State/Zip City/State/Zip CONSTRUCTION CONTRACT: 2017/18 RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS- PROJECT NUMBER 2017-112 at Cupertino,California. DATED August 29 ,2017 in the Amount of$ 2,648,138.00 (the"Penal Sum") CONTRACTOR AS PRINCIPAL(Corp. Seal) SURETY (Corp I) Company: JJR Construction,Inc. Company: eat n ce pang Signature: Signature: Name and Title: Carlos Raposo Name and Title: Mark C.Johnson President A ttorn e_y-in-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference. 2. With respect to City,this obligation shall be null and void if Contractor: 2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants;and 2.2 Defends,indemnifies and holds harmless City from all claims,demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims,demands, liens or suits to Contractor and Surety,and provided there is no City Default. City of Cupertino Construction Labor and Material Payment Bond 2017/18 Reconstruction of Curbs,Gutters and Sidewalks 00620- 1 Project No.2017-112 3. With respect to Claimants,this obligation shall be null and void if Contractor promptly makes payment,directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor,then Surety shall pay for the same, and also, in case suit is brought upon this Bond,a reasonable attorney's fee,to be fixed by the court. 4. Consistent with the California Mechanic's Lien Law, Civil Code §3082,et seq., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amount of this Bond,and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond. 7. City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to,give notices on behalf of,or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be performed 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 any time after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code §3249, must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184. 10. All notices to Surety or Contractor shall be mailed or delivered(at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished,shall be sufficient compliance as of the date received at the foregoing addresses. H. This Bond has been furnished to comply with the California Mechanic's Lien Law including,but not limited to, Civil Code §§3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 13. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for(1) work of a similar character in the locality in which the Work is performed and(2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the City of Cupertino Construction Labor and Material Payment Bond 2016/17 Reconstruction of Curbs,Gutters and Sidewalks 00620-2 Project No.2017-112 general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. 14. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code§3248(b). 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract,provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. END OF DOCUMENT City of Cupertino Construction Labor and Material Payment Bond 2017/18 Reconstruction of Curbs,Gutters and Sidewalks 00620-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Contra Costa On August 29,2017 before me, Cathy A.Shapard Notary Public, Date Insert Name of Notary exactly as It appears on the official seal personally appeared Mark C.Johnson Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(87 whose name(fs-) is/are subscribed to the within instrument and acknowledged to me that he/&h@Ahey executed the same in his/had4heir authorized capacity0es), and that by his/hgrLtheir signature(s,)on the instrument the CATHY A. SHAPARD personLs�, or the entity upon behalf of which the person,(,&)- Commission #2134146 acted, executed the instrument. Z :'•m Notary Public-California z Z Contra Costa County n I certify under PENALTY OF PERJURY under the laws of My Comm.Expires Dec 14,2019 the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Sig ure of Nota r ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Labor&Materials Payment Bond Document Date: August 29,2017 Number of Pages: 3 Signer(s) Other Than Named Above: JJR Construction,Inc. Capacity(ies) Claimed by Signer(s) Signer's Name: Mark C.Johnson Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General [X Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Great American Insurance Company GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No.0 15021 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JOHN F.ARENTS CECIL A.COLLINS III ALL OF ALL MARK C.JOHNSON JAMES W.GERVANG CONCORD, $100,000,000.00 CALIFORNIA This Power of Attorney revokes all previous powers issued on behalf of the attorneys)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 21ST day of APRIL 1 2016 Attest GREAT AMERICAN INSURANCE COMPANY ins ' Assistant Secretary Divisions!Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITTCHw(877-377-2405) On this 21 ST day of APRIL 2016 , before me personally appeared DAVID C. KITCHIN,to me known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. 4 0 m www This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of suretyship, or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power ofAttomey and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this 29th day of August 2017 4e, e. .3 Assistant Secretary S1029AF(06/15) DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO,a Municipal Corporation of the State of California("City"),for construction of 2017/18 RECONSTRUCTION OF CURBS,GUTTERS AND SIDEWALKS CUPERTINO,CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents,its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions,or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims,costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment,materials,or Work required to be provided under the Contract Documents have been inspected,accepted,and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents,including,without means of limitation,Section 00700(General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of,any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. �lryn3T/"tJG1��P7�.Tsi c Contractor's Name 1l20.tJ,in Ail-e4 . Address SAW A4 'eo, City/State/Zip D to END OF DOCUMENT JJRCONS-01 KBOR I ACORO" CERTIFICATE OF LIABILITY INSURANCE FD09/01ATE l/2017Y) 09/01/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS i 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(les)must have ADDITIONAL INSURED provisions or be endorsed. ! If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on I this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0757776 CONTACT NAME: HUB International Insurance Services Inc. PHONE FAX 2300 Clayton Rd. A/c,NLo,Ext):(92 5)609-6500 AIc,No:(925)609-6550 Concord,CA 94520 ADDRESS: INSURERS AFFORDING COVERAGE NAIC q 3 INSURER A:First Mercury Insurance Company 10657 I INSURED INSURERS:Ohio Casualty Insurance Company 24074 JJR Construction,Inc. INSURER C:RSUI Indemnity Company 22314 1120 9th Avenue INSURER D:State Compensation Insurance Fund of California 35076 t San Mateo,CA 94402 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: NOC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDU SUBR JIM WVD POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE I OCCUR X WACGL000006045102 01/01/2017 01/01/2018 DAMAGE TORENTEB $ 50,000ncel ` X BI/PD Ded:5,000 MED EXP(Anyone rson) 5'000 PERSONAL&ADV INJURY $ 1'()00'000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PE� DLOC PRODUCTS $ POLICY❑X 2,000,000 OTHER: PolicyAggregate 10,000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Es accident) X ANY AUTO X BA055893485 01/01/2017 01/01/2018 BODILY INJURY(Perperson)__ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY BODILY INJURY Per accident $ X AUTOS ONLY X AUTOS ONLY PeOrecErandent AMAGE $ $ C UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 51000,000 X EXCESSLIAB CLAIMS-MADE NHA241608 01/01/2017 01/01/2018 AGGREGATE $ 5,000,000 DED I X I RETENTION$ 0 D WORKERS COMPENSATION X SMITE U OERH AND EMPLOYERS'LIABILITYYIN 914966817 01/01/2017 01/01/2018 1,()00,000 OFFICER/MEMBIW EXCLUDED?EC1117VE N/A X E.L.EACH ACCIDENT $ - (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $11 1'000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:Project#2017-112,2017/18 Reconstruction of Curbs,Gutters and Sidewalks. City of Cupertlnon Its engineer,and each of its directors,officers,agents and employees,as additional insured as respects to General Liability per attached CG2010-0704,Primary wording applies per attached FMICGL1002-1015,Per Project General Aggregate applies per attached FMICGL2017-0916 and additional Insured in respects to Auto Liability per attached CA8810-0113,Primary wording applies per attached CA0001-0306.Waiver of Subrogation applies to Workers Compensation per attached SCIF Form 10217-0714,all as required by written contract. "Should the policies be cancelled before the expiration date,Hub International Insurance Services Inc.(Hub),Independent of any rights which may be afforded within the policies to the certificate holder named below,will provide to such certificate holder notice of such cancellation within thirty(30)days of SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y p ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved- The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:JJRCONS-01 KBORN LOC#: 1 '4C"R EV ADDITIONAL REMARKS SCHEDULE Page 1 of 1 i AGENCY License#0757776 NAMED INSURED JJR HUB International Insurance Services Inc. 112 Construction,Inc. i 1120 9th Avenue POLICY NUMBER San Mateo,CA 94402 i EE PAGE 1 i CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECnvE DATE:SEE PAGE 1 ADDITIONAL REMARKS I THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance { { s Description of Operations/LocationsNehicles: the cancellation date,except in the event the cancellation is due to non-payment of premium,in which case Hub will provide to such certificate holder notice of such cancellation within ten (10)days of the cancellation date." i i i i i e i i I i i { I i t i } i { { { i { I i t i i f i i i i ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WACGL000006045102 POLICY NO. COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following.- COMMERCIAL ollowing:COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations As required by written contract signed by both parties All Locations prior to the loss Information required to complete this Schedule if not shown above, will be shown in the Declarations_ A. Section li — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for"bodily Injury', "property This insurance does nota I to "bodily injury"or PP Y Y damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions;or 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional Insured(s) at the location of the the additional insureds) at the location(s) desig- covered operations has been completed;or nated above. 2. That portion of 'your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CO 20 10 07 04 0 180 Properties, Inc., 2004 Page 1 of 1 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontrlbutory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: (1) The additional insured is a Named Insured under such other insurance;and e (2) You have agreed in writing in a contract or agreement prior to the injury or damage that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. However, the insurance provided under this endorsement will not apply beyond the extent required by such contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) l-1-17 WACGL000006045102 Endorsement effective Policy No. Endorsement No. Named Insured JJR Construction, Inc. FMIC-GL-1002(10!2015) { i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT SUBJECT TO A TOTAL POLICY AGGREGATE LIMIT I This endorsement modifies insurance provided under the following: { COMMERCIAL GENERAL LIABILITY COVERAGE PART t SCHEDULE I Designated Construction Projects: s Any project: 1) covered under this policy; and 2) required by written contract with you to be subject to a separate General Aggregate limit. I i (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences"under COVERAGE A (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount shown in the Declarations of this policy. 2. Subject to the Total Policy Aggregate Limit, the Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of"bodily injury" or"property damage"included in the"products-completed operations hazard,"regardless of the number of: a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits." 3. Any payments made under COVERAGE A for damages shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Subject to the Total Policy Aggregate Limit, such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit and the Total Policy Aggregate Limit. FMIC-GL-2017(09/2016) Page 1 of 2 B. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences"under COVERAGE A(SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable;and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. 3. Such payments will reduce the Total Policy Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the i Designated Construction Project General Aggregate Limit or the Total Policy Aggregate Limit. D. The Total Policy Aggregate Limit scheduled in the Declarations of this policy is the most we will pay for the sum of: (a) all damages covered under this policy and falling within the scheduled Designated Construction Projects(s) General Aggregate Limits described in Paragraph A. of this endorsement; and, (b) all damages covered under this policy and falling within the General Aggregate Limit, as described in Paragraph B. of this endorsement and as set forth in the provisions of Limits of Insurance (SECTION III) not otherwise modified by this endorsement. The Total Policy Aggregate Limit applies regardless of the sums indicated in the Declarations for the General Aggregate Limit or Designated Construction Projects(s)General Aggregate Limit,and applies to all locations(s)set forth in the Schedule above. r The Total Policy Aggregate Limit applies collectively, rather than separately,to all of your scheduled locations. The Total Policy Aggregate Limit is not reduced by payments for damages covered under this policy and falling within the"products- completed operations hazard," but such payments will reduce the Products-Completed Operations Aggregate Limit, as described in Paragraph C. of this endorsement. E. The provisions of Limits Of Insurance (SECTION 111) not otherwise modified by this endorsement shall continue to apply If as stipulated. i i r i ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. I 4 t This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein. i (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) i Endorsement effective 1-1-2017 Policy No. WACGI.000006045102 Endorsement No. i Named Insured JJR Construction,Inc t FMIC-GL-2017(09/2016) Page 2 of 2 i BA055893485 I POLICY NO. COMMERCIAL AUTO CA 88 10 01 13 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: € BUSINESS AUTO COVERAGE FORM I With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER { ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 F AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 I AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 t BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS(including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE—BROADENED COVERAGE 10 GLASS REPAIR—WAIVER OF DEDUCTIBLE 15 i HIRED AUTO PHYSICAL DAMAGE(including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN/LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE—ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 f SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II—LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II — LIABILITY COVERAGE, paragraph A.I. —WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; 0 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 7 f r { (2) If the Limits of Insurance of any other insurance policy have been exhausted; or f (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. t t 2. EMPLOYEES AS INSUREDS I SECTION II — LIABILITY COVERAGE, paragraph A.I. —WHO IS AN INSURED is amended to include the s following as an insured: f. Any"employee" of yours while using a covered"auto"you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any"employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or E agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the"employee". 3. ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an"insured". However, such person or organization is an"insured": (1) Only with respect to the operation, maintenance or use of a covered"auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and(4)are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an"accident"we cover. We do not have to furnish these bonds. j (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II—LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the"bodily injury" results from the use of a covered"auto"you own or hire. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows.- 6. ollows:6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to"autos": a. You hire, rent or borrow, or ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 7 s {E{ 1 i s b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but I only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: i } A. The most we will pay for"loss" in any one "accident"or"loss" is the smallest of: I i (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the"loss";or j t (3) The cost of repairing or replacing the damaged or stolen property with other property of like s kind and quality, minus a deductible. I B. The deductible will be equal to the largest deductible applicable to any owned"auto"for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered"auto"you own. D. Subject to a maximum of$1,000 per"accident", we will also cover the actual loss of use of the hired It if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: t (1) Any"auto"that is hired, rented or borrowed with a driver; or (2) Any"auto"that is hired, rented or borrowed from your"employee". For the purposes of this provision, SECTION V—DEFINITIONS is amended by adding the following: i "Total loss" means a"loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. i 7. TOWING AND LABOR SECTION III —PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or"medium truck" is disabled.- a. isabled:a. For private passenger type vehicles, we will pay up to $50 per disablement. { I b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. C. For"medium trucks" , we will pay up to$150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight(GVW)of 10,001 —20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a., Coverage Extension of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500 ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 of 7 i 9. RENTAL REIMBURSEMENT f SECTION III—PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: I a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or"loss"to the covered"auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may f be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. r C. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". € d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If"loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered"auto"to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that"auto" is stolen, we will pay, without application of a deductible, up to$600 for"personal effects" stolen with the"auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V—DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment,jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III—PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for"loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d, is deleted and replaced with the following: ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 7 i Exclusion 4.c.and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered"auto";or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN/LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the"loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, C. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a"Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the"total loss"of a covered"auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered"auto", L Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the"loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the"loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered"auto"that incurred the loss. C. SECTION V—DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a"loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A"balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 7 I I i 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III —PHYSICAL DAMAGE COVERAGE is amended by the addition of i the following: E F No deductible applies to glass damage if the glass is repaired rather than replaced. t 16. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) i Paragraph D. Deductible of SECTION III —PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: F The deductible does not apply to 'loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the"auto" is designed to carry while it is: ! I a. In the charge of an"insured"; b. Legally parked; and C. Unoccupied. i I The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered"auto" must exceed the deductible shown in the Declarations. This provision does not apply to any`loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller(or smallest) deductible it will be waived, or b. If the applicable Business Auto deductible is not the smaller(or smallest) deductible it will be reduced by the amount of the smaller(or smallest) deductible;or C. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM,SUIT, OR LOSS SECTION IV—BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of"accident", claim, "suit"or"loss",you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 7 ElFttt t To the extent possible, notice to us should include: (1) How, when and where the"accident' or"loss" took place; (2) The "insureds" name and address; and i (3) The names and addresses of any injured persons and witnesses. I 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US i SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an"accident"or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: I f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an"auto" hired, leased, rented or borrowed with a driver. SECTION V—DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V—DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.—CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 7 BA 55993495-----' 5. Other Insurance b. if this policy is issued for more than one year, the premium for this Cov- a. For any covered "auto" you own, erage Form will be computed annu- " this Coverage Form provides primary ally based on our rates or premiums Insurance, For any covered "auto" in effect at the beginning of each you don't own, the insurance pro- year of the policy. vided by this Coverage Form is ex- i cess over any other collectible 7. Policy Period, Coverage Territory insurance. However, while a covered Under this Coverage Form, we cover "ac- "auto" which is a "trailer" is con- cidents" and "losses" occurring: nected to another vehicle, the Liabil- ity Coverage this Coverage Form a. During the policy period shown in provides for the "trailer" is: the Declarations; and e territory. the coverage g . I (1) Excess while it is connected to a b. � motor vehicle you do no, own. The coverage territory is: (2) Primary while it is connected to a. The United States of America; I a covered "auto" you own. b. The territories and possessions. of I b. For Hired Auto Physical Damage the United States of America; I Coverage, any covered "auto" you c. Puerto Rico; lease, hire, rent or borrow is deemed to be a covered "auto" you own. d. Canada;:and However, any "auto" that is leased; e. ,4tiywtiere in the World If hired, rented or borrowed with a driver is not a covered "auto". (1) A covered "auto" of the private { passenger type: 1.5 leased, hired, j c. Regardless of the provisions of Para- rented ar borrowed Without a graph a:above;this Coverage Form's driver.for' a period of 30 days or I Liability Coverage is primary for any less-; and liablilty assumed under an "insured contract". (2) The "insured's" responsibility to i pay damages is determined in a d. When this Coverage Form and any "suit" on the merits, in the Unit- j other Coverage Form or policy cov- ed States of America, the ter- ers on the same basis, either excess ritories and possessions of the or primary, we will' pay only our United States of America, Puerto share. Our share is the proportion Rico, or Canada or in a settle- that the Limit of Insurance of our ment we agree to. Coverage Form bears to the total of We also cover "loss" to, or "accidents" the limits of all the Coverage Forms involving, a covered "auto" while being and policies covering on the same transported between any of these places. basis. ' 6. Premium Audit 8. Two Or More Coverage Forms Or Poli- cies Issued By Us a. The estimated premium for this Cov- erage Form is based on the expo- if this Coverage Form and any other Cov- I sures you told us you would have erage Form or policy Issued to you by us when this policy began. We will or any company affiliated with us apply to the same "accident", the aggregate compute the final premium due when we determine your actual ex- maximum Limit of insurance under all the Coverage Forms or policies shall not posures. The estimated total premi- exceed the highest applicable Limit of um will be credited against the final Insurance under any one Coverage Form premium due and the first Named or policy. This condition does not apply Insured will be billed for the balance, to any Coverage Form or policy issued if any. If the estimated total premium by us or an affiliated company specifl- exceeds the final premium due, the cally to apply as excess insurance over first Named Insured will get a re- this Coverage Form. 4 fund. CA 00 0103 06 ©ISO Properties, Inc.,2005 Page 10 of 13 ENDORSEMENT AGREEMENT BROKER COPY STA, TE WAIVER OF SUBROGATION REP 05 1 t4 SU ANCE BLANKET BASIS 9149668- 17 FUND NEW SP HOME OFFICE 1-88-51-03 SAN FRANCISCO EFFECTIVE JANUARY 1, 2017 AT 12.01 A.M. PAGE 1 OF 1 ALL EFFECTIVE DATES ARE AND EXPIRING JANUARY 1,2018 AT 12. 01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME JJR CONSTRUCTION, INC. 1120 9TH AVE SAN MATEO, CA 94402 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO; AUTHORIZED REPRESENT IVE PRESIDENT AND CEO 2572 ..,. � �...... ........ .,�. --i OLD DP 217 Project No.2017-112 DOCUMENT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. City of Cupertino 00530- 1 Insurance Forms 2017/18 Reconstruction of Curbs, Gutters and Sidewalks CITY OF Project No.2017-112 CUPERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. City of Cupertino 00530-2 Insurance Forms 2017/18 Reconstruction of Curbs, Gutters and Sidewalks Project No.2017-112 LIMITS Worker's Compensation In accordance with the Worker's Compensation & Employers' Liability Act of the State of California— Worker's comp "statutory"per CA Law; Employers' Liability $1,000,000 per occurrence. General Liability- commercial general liability; Combined single limit of$2.0 million per including provisions for contractual liability, occurrence; $4.0 million in the aggregate personal injury, independent contractors and products—completed operations hazard. Automobile Liability- comprehensive covering Combined single limit of$1.0 million per owned, non-owned and hired automobiles. occurrence. �TLTk CC-JF25 nlye/i .lnc By: Al_ �� (Contractor's Name) Dated: 1 20� City of Cupertino 00530-3 Insurance Forms 2017/18 Reconstruction of Curbs, Gutters and Sidewalks CITY OF 119 Project No.2017-112 CUPERTINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Insured: JJR Construction Address: 1120 9th Avenue,San Mateo, CA 94402 Description of operations/locations/products insured (show contract name and/or number,if any) 2017/18 Reconstruction of Curbs, Gutters and Sidewalks—Project 2017-112 WORKER'S COMPENSATION * Statutory Min. * Employer's State Compensation Insurance Fund Liability (name of insurer) $ 1,000,000 $ 1,000,000 $ 1,000,000 Insurance Company's State License No. Check Policy Type: Each Occurrence $ 1,000,000 COMPREHENSIVE GENERAL LIABILITY [ ] Premises/Operations General Aggregate $ 2,000,000 (if applicable) [ ] Owners & Contractors Protective Aggregate $ 10,000,000 [ ] Contractual for Specific Contract Personal Injury [ ] Products Liability [ ] XCU Hazards [ ] Broad Form P.D. Fire Damage (any one fire) $ [ ] Severability of Interest Clause [ ] Personal Injury with Medical Expense $ 5,000 Employee Exclusion Removed (any one person) or Self-Insured COMMERCIAL GENERAL LIABILITY Retention $ First Mercury Insurance Company (name of insurer) Policy No. WACGL000006045102 Expiration Date 01/01/2018 City of Cupertino 00530-4 Insurance Forms 2017/18 Reconstruction of Curbs, Gutters and Sidewalks Project No.2017-112 AUTOMOTIVENEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident Liability Coverage Each Accident Ohio Casualty Insurance Company (name of insurer) $ or Combined Single Limit $ 1,000,000 BAO55893485 01/01/2018 Policy No. Expiration Date BUILDER'S RISK"ALL RISK" This is to certify that the following policy has been issued by the below-stated company in conformance with the requirements of the project documents and is in force at this time. N/A (Name of insurer) Policy No. Expiration Date Limits of Liability: Deductible: A copy of all Endorsements to the policy(ies) which in any way (agent's initial) limit the above-listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreement between the City and the insured. By:T1 /1�P �� l.(� Dated: `5 � r 20 ( l Attach Certificate of Insurance and Additional Insured Endorsement on company forms. City of Cupertino 00530-5 Insurance Forms 2017/18 Reconstruction of Curbs, Gutters and Sidewalks CITY OF Project No.2017-112 Im ADDITIONAL INSURED ENDORSEMENT and C U P E RTI N O ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: 2017/18 Reconstruction of Curbs, Cutters and Sidewalks, Project No. 2017-112 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City"), Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Company: N4/C Ci lr o 1 11%0 V'6,e 2. Insurance Policy Number: 00 0 0 0 q� (6 Z 3. Effective Date of this Endorsement: 2)1?1�} {1) 20—/ f 4. Insured: JJ A1, ( I All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. City of Cupertino 00530-6 Insurance Forms 2017/18 Reconstruction of Curbs, Gutters and Sidewallcs Project No.2017-112 Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: NU, �4'1 ��/�V����'� Title: Address: Z�U L Telephone: q LS o 57)0 Facsimile: I E E i c i I I i� I i i City of Cupertino 00530-7 Insurance Forms 2017/18 Reconstruction of Curbs, Gutters and Sidewalks CITY OF Project No.2017-112 COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF CUPERTINO INSURANCE PER PROJECT Project Title and Number: 20178 Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2017-112 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below-referenced policy of insurance. The general aggregate limit under LMTS OF INSURANCE applies separately to the project described as POLICY INFORMATION yam° J 1. Insurance Company: 2. Insurance Policy Number:Uj (G� L U o bc)b W q`7W Z 3. Effective Date of this Endorsement: � �'�1M 'ir �, 20 { 4. Insured: •jj Y4 Uyv°tqt Gl--1 J'1"l I t L 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. 1, (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of I �It� �-r OAA�J Agent/Agency: t Title: Address: 2 ( ,_ 3 L17 Telephone: (1_2:5 Q D � Facsimile: P 0 City of Cupertino 00530-8 Insurance Forms 2017/18 Reconstruction of Curbs, Gutters and Sidewalks CITY OF Project No.2017-112 WAIVER OF SUBROGATION ENDORSEMENT IQ WORKER'S COMPENSATION INSURANCE CUPERTINO Project 'Title and Number: 2017/18 Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2017-112 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above-referenced Contract. POLICY INFORMATION, 1. Insurance Company: �J (��� v► W-[_.til" T l 1�/i (/�c�l��/l�t�P �Gt!�C t" 2. Insurance Policy Number: 3. Effective Date of this Endorsement: J� 4��"�VL1�3C f- ( 20 4. Insured: JJ �2 C Lt C,-t((� I c i All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, (print/type name) warrant that I have authority to bund the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of I' Agent/Agency: H tk l IUl(Ul' Title: Address: U 1) totL Iy+', Telephone: y`C of Facsimile: C� 2 Leo U END OF DOCUMENT City of Cupertino 00530-9 Insurance Forms 2017/18 Reconstruction of Curbs, Gutters and Sidewalks CITY OF 2017/2018 Reconstruction of Curbs,Gutters and Sidewalks PROJECT NO.2017-112 CONTRACT CHANGE ORDER CUPERTINO DATE: 6/4/2018 CCO# 1 P.O.# 2018-260 Contractor: Acct.# 270-85-821-900-921-$183,351.40 JJR Construction 270-85-820-900-990- $35,000 1120 Ninth Street San Mateo,CA 94402 The following changes are hereby approved,notwithstanding language in any attachment to the contrary,Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay,impact,inefficiency,acceleration,extended overhead,increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. Item Unit Unit Cost Description QTY Cost No. B-1 SF $11.00 Remove and Replace Sidewalk 20,518.00 $225,698.00 B-2.1 SF $14.00 Remove and Replace detached Sidewalk 24,576.751 $344,074.50 B-2.2 SF $14.00 Remove and Replace Monolithic sidewalk -11,800.00 ($165,200.00) B-3 LF $52.75 Remove/Replace verticicle curb and gutter 7,599.00 $400,847.25 B-4 LF $52.75 Remove/Replace rolled curb and gutter -3,600.00 ($189,900.00) C-1 SF $3.00 Remove concrete in parkstript -5,473.00 ($16,419.00) C-2 SF $10.00 Rmove median Island flatwork -100.00 ($1,000.00) C-3 SF $19.85 Valley Gutter -1,800.00 ($35,730.00) C4A EA $2,863.00 Curb Ramp Type A -15.00 ($42,945.00) C-4B EA $3,589.00 Curb Ramp Type B -8.00 ($28,712.00) C-4C EA $3,116.00 Curb Ramp Type C -45.00 ($140,220.00) C4D EA $2,863.00 Curb Ramp Type D -2.00 ($5,726.00) C4E EA $2,963.00 Curb Ramp Type E -2.00 ($5,926.00) C4F EA $2,200.00 Curb Ramp Type F -26.00 ($57,200.00) C-4G EA $2,863.00 Curb Ramp Type G -15.00 ($42,945.00) C-5 EA $500.00 Upgrade existing curb ramp -2.00 ($1,000.00) C-6 EA $250.00 Root Barrier -30.00 ($7,500.00) C-7 I LF $12.00 Retaining Curb -272.50 ($3,270.00) C-8 EA $1,500.00 Reconstruction of Catch Basin 14.001 $21,000.00 C-9 TN $315.00 Asphalt Replacement -93.89 ($29,575.35) Change Order 1-2017_18 Reconstruction of Curbs Gutters and Sidewalks Page 1 CITY of 2017/2018 Reconstruction of Curbs,Gutters and Sidewalks PROJECT NO.2017-112 CONTRACT CHANGE ORDER CUPERTINO Total Change Order No.1 $218,351.40 Total Project: Original Contra -_ - --- 2,648,138.00 Change Order 1` $218,351.40 Revised Contra $2,866,489.40 Total Change Orders $218,351.40 Schedule Impact: Extension Project Final Completion 1-Aug-18 APPROVED BY: APPROVED BY: Jilt Construction of pertino Carlos RaposoTimm Borden President Director of Public Works Date: Date: Change Order 1-2017_18 Reconstruction of Curbs Gutters and Sidewalks Page 2