The URL can be used to link to this page

19-092 Cleanstreet, Street Sweeping Services SECOND AMENDMENT TO AGREEMENT 19-092 BETWEEN THE CITY OF CUPERTINO AND CLEANSTREET FOR Street Sweeping Services This Second Amendment to Agreement 19-092 between the City of Cupertino and CleanStreet, Inc, for reference dated August 7, 2019, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and CleanStreet, Inc, a Corporation, etc ("Consultant") whose address is 1937 W. 169t" Street, Gardena, California, 90247, and is made with reference to the following: RECITALS: A. On 7/1/2019, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for Street Sweeping Services. The agreement will expire on 9/30/2019. B. The Agreement and the First and Second Amendment are collectively referred to as the "Agreement" unless otherwise indicated. C. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: Paragraph 3.1 of the Agreement is modified to read as follows: The Contract begins on the Effective Date and ends on October 31, 2019 ("Contract Time"), unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. The City shall retain the option to extend the Contract Time for an additional two (2) months beyond October 31, 2019, until December 31, 2019, should the Contractor exhibit satisfactory performance. Contractor's performance will be documented weekly by the Street Supervisor, with deficiencies communicated to the Contractor. Any extension of the Contract Time shall be documented in an amendment to this Contract pursuant to Section 6. 2. COMPENSATION Paragraph 4.1 of the Agreement is modified to read as follows: City will pay Contractor for satisfactory performance of the Work an amount that will be based on actual costs but that will be capped so as not to exceed $85,076.00 ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. 6 CONSULTA CITY OF CUPEgTI,N 1 ,-2 .......... By aBy- Title 7(-2Z _ Director of Public Works APPROVED AS TO FORM City Attorney ATTEST: City Clerk EXPENDITURE DISTRIBUTION PO #2020-008 Clid", hel u to enlel- k'-/\'L Original 63,807.00 Amendment #1: Prevailing Wage Language Only Amendment #2: 21,269.00 Total: 85,076.00 FIRST AMENDMENT TO AGREEMENT 19-092 BETWEEN THE CITY OF CUPERTINO AND CLEANSTREET FOR Street Sweeping Services This First Amendment to Agreement 19-092 between the City of Cupertino and Consultants, for reference dated , is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and CleanStreet, Inc, a Corporation, etc ("Consultant") whose address is 1937 W. 169t" Street, Gardena, California, 90247, and is made with reference to the following: RECITALS: A. On 7/1/2019, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for Street Sweeping Services. The agreement will expire on 9/30/2019. B. The Agreement and the First Amendment are collectively referred to as the "Agreement" unless otherwise indicated. C. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. COMPLIANCE WITH LAWS Paragraph 13.2 (a) (i) of the Agreement is modified to read as follows: Prevailing Wages. In accordance with provisions of Section 1773 of the Labor Code, the Director of the California Department of Industrial Relations has determined that street sweeping services of routine recurring or usual nature, is excluded from prevailing wage requirements. The Contractor shall keep fully informed of all existing and future State and Federal laws and City ordinances and regulations, which in any mal-mer affect those engaged or employed in the work. 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. 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. C 0 NS 4UN 1� CITY OF CIJPEJ , NO By ACII(All" Byj. Title s P Director oK�""'u"blic Works APPROVED AS TO FORM, City Attorney ATTEST: City Clerk EXPENDITURE DISTRIBUTION PO #2020-008 (7fick here to ent('r text. Original 63,807.00 Amendment #1: Prevailing Wage Langua e OnIv Amendment #2: Total: 63,807.00 CITY OF PUBLIC WORKS CONTRACT 10 $60,000 OR LESS CUPERTINO 1. PARTIES This public works contract ("Contract") is made and entered into on July 1, 2019 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Cleanstreet, a Corporation ("Contractor")for Street Sweeping Services. 2. 5!LQPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on September 30, 2019 Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTF) and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. The City shall retain the option to extend the Contract Time for an additional three (3) months beyond September 30, 2019, until December 31, 2019, should the Conti-actor exhibit satisfactory performance. Contractor's performance will be documented weekly by the Street Supervisor, with deficiencies communicated to the Contractor. Any extension of the Contract Time shall be documented in an amendment to this Contract pursuant to Section 6. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 1000 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities, and extended disruption to thepublic. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $63,807.00 ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs. 4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor, materials, equipment and Public Works Project Public Works Contract/Rev.Ali. 02, 2019 Page 1 of I 1 any incidental costs incurred. Conti-actor will be paid 95% of the undisputed amounts billed within 30 days after City receives a properly submitted invoice. Any retained amounts will be included with Conti-actor's final payment within 60 days of City's acceptance of the Work as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker's compensation or any other City benefits. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law, and have procured a City Business License. Contractor shall possess a California Contractor's License in good standing for the following classification(s): D-38 Sand and Water Blasting which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and equipment required to perform the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money carried under this Contract. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Contract. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignirient of the Conti-act and subject to City approval, which shall not be unreasonably witl-iheld. Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs, successors and permitted assigns Public Works Project Street Sweeping Services Public Works Contract lRev.dan. 02,20P Page 2 of 1 1 8. PUBLICITY/SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one year thereafter must credit City contributions to the Project. The words "City of Cupertino" must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces, except that Conti-actor may hire qualified subcontractors to perform up to 25 % of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractors Work falls short of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City, A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work,by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed, the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting performance. City will have ownership of the reports, but Contractor will be permitted to retain copies. 10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electrical and plumbing work; HVAC systems; utilities and utility coririections; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles, which must be available for City review and audit, kept separate from other records, and maintained for four years from the date of City's final payment. Public Works Project Street Sweeping Services Public Works Contract Mev.dan. 02 , 20 V Page 3 of I I 11. INDEMNIFICATION, 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, stop notices, actions, causes of action, demands, charges, losses and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, subcontractors or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Contract. 11.3 Contractor's duties under this entire Section are not limited to Contract Price, Workers' Compensation or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Inderrinitee. 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance at Contractors expense, deducting the costs from Contractor's compensation, or terminating the Contract. Public Works Project Street Sweerjna Services Public Works Contract Mev.dan. 02, 20 P Page 4 of 1 1 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment status of employees performing the Work, as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a) Contracts of$1,000 or more are subject to the requirements of the California Labor Code, including but not limited to: (i) Prevailing wage laws under Labor Code Section 1775, which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification, or type of worker needed to perform the Work, including health, pension and vacation. The prevailing wage rates are on file with the City Engineer's office and are available online at.htt_)-_//w dirca.gov/�QISIZ.; (ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812, and electronically submit them to the Labor Commissioner as required by the regulations of California, Department of Industrial Relations ("D I R"); (iv) Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725.5. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a penalty of $ 25.00 per worker for each day of violation. (e) As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undertake sell'-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the Work on this Contract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Conti-actor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. ........... Public Works Project Street Sweeping Services Public Works Contract lRev.dan, 02 , 20 V Page 5 of I 1 13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Governinent Code section 81000 and their accompanying regulations. No officer, official, employee, consultant, or other agent of the City ("City Representative") may have, maintain, or acquire a "financial interest" in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants and agents warrant they are not employees of City or have any relationship with City officials, officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14. BONDS For contracts of$25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A- or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice fron-i City. If Contractor fails to do so, City may in its sole discretion and without prior notice,purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES, TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert ("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City's Service Center must be called at(408) 777-3269. Goverurnent Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Perforinance, Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class 1, Class 11, or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and Public Works Project Street Sweeping Services Public Works CmtractlRevdan, 02, 20P Page 6 of 1 1 (c) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6705 prior to coinmencing work. The plan must show the design of shoring, bracing, sloping and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include, but will not be limited to, the following requirements: (a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, stonn drain inlets impacted by construction work,must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers; (c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water offsite in lawful manner; (d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff, (e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on storinwater quality controls for construction. Contractor's failure to comply with this Section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines. .............._.............. ......... Public Works Project Street Sweeping Services Public Works Contract Mevdan. 02, 20P Page 7 of 1 1 17. PROJECT COORDINATION City Project Manager. City assigns Carl Valdez, Superintendent as the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Jere Costello, CEO/President as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close Out the Work. With City's pre-approval in writing, the time spent in closing out the Work will be compensated up to 10% of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay, abridge or bar City's right Linder this Section. 19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator's award Must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing party will be entitled to reasonable attorney fees and costs. .......... ........... Public Works Project Street Sweeoing Services Public Works Contract lRevvan. 02, 20P Page 8 of 11 21. SIGNS/ADVERTISEMENT No signs may be displayed on or about City's property, except signage w1iicli is required by law or by the Contract, without City's prior written approval as to size, design and location. 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Conti-act. 23. WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach. 26. WARRANTY Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials and equipment should pass to City free of claims, liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City's acceptance of the Work as complete ("Warranty Period"), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period, Contractor will repair•or replace any Work defects or materials, including damage that arises from Contractor's Warranty Work, except any wear and tear or damage resulting from irriproper use or maintenance. 27. ENTIRE CONTRACT This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract terms will control. 28. SEVERABILITY/PARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all warranties, indemnities, payment obligations, insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. ........... Public Works Project Street Sweeping Services Public Works Contract lRevdan. 02, 20,9 Page 9 of 1 1 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Conti-act will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 30. CAPTIONS The captions, titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. 20. NOTICES All notices, requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery, the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail,postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: To Contractor: 10300 Torre Avenue, Cupertino CA 95014 CleanStreet. 1,W;,IV. 169th Beet,G, a,CA 90247 'Ostello r. ei't co G Attention: Car]Valdez,Superintendent Attentiol.nie lit Copy to: Copy to: r Email: cariv(ccupertino.org Email: ra de son"(i�,cl ean street.co in 30. VALIDITY OF CONTRACT This Contract is valid and enforceable only if(a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney's Office. 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public Works Project Street Sweeping Services Public Works Contract lRev.dan. 02,20P Page 10 of 1 I IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR CleanStreet CITY OF CUPERTINO, Jere Costello a Municipal Corporation Connor 5 By: By: U-tet, Title: CE /President Title:"bireetor of Public Works Signature Date: Signature Date: y�- i APPROVED AS TO FORM: By: e"v- HEATHER M. MINNER Cupertino City Attorney ATTEST: I Id r I, BYE I GRACE SCHMIDT, City Clerk Public Works Project Street Sweel)ina Services Public Works Contract I/Rev.Jan. 02, 20P Page I 1 of 1 I Exhiblet A CleiinStreet Cleaning Your Environment r r/ ' arc m. y 4 ff III N ztreet Swee"*'%in 5 For the City of Cupertino APRIL 29, 2019 1937 W. 169t" Street Gardena, CA 90247 (800) 225-7316 x108 130eisnStmet ("A'or,mmo yoar April 29, 2019 Carl Valdez Service Center Superintendent 10555 Mory Ave Cupertino, CA RE: Street Sweeping Dear Carl, The following is a proposal to supply high quality street sweeping services to the City of Cupertino. The work performed under this contract is to provide all labor, materials, tools, and equipment of city streets as described in the specifications. Cost Bid Item#1 —Residential/Commercial street sweeping Curb Mile Rate: $32.71 Monthly Rate: $18,808.25 Bid Item#2—Foothill Blvd Sweeping Curb Mile Rate: $32.71 Monthly Rate: $1,193.92 Bid Item#3—Scheduled Extra Work Curb Mile Rate: $32.71 Bid Item#4—Emergency Street Sweeping Hourly Rate: $110.00; 2 hour minimum Please feel free to give me a call if you have any comments or questions. I've enclosed some information about CleanStreet, Thank you for the opportunity to supply this proposal. Sincerely, 7K�ck c4nderson Director of Business Development 1937 West 169111 Street, Gardena, California 90247 (800) 225-7316 x 108 CleanStreet.corn E-mail: randerson Pq CleanSti-eet.corn Fax: (310) 538-8015 ,/ COMPANY INFORMATION �'tl H ryli, N"OuU ,ire,%> Business Name: Clean Street, Inc. Business Address: 1937 W. 169t" Street Gardena, CA 90247 Business Type: S Corporation Telephone: (800)225-7316 Fax: (310)538-8015 State Contractor's License No. and Class: #634131/ D-38 Sand and Water Blasting Original Date Issued: 10/30/2017 Expiration Date: 10/31/2019 Owner: Jere Costello Title: CEO/President Office Location: 1937 W. 169t" Street Gardena, CA 90247 Telephone: (800)225-7316 Fax: (310)538-8015 Email: jostello@cleanstreet.com Name: Rick Anderson, Director of Business Development Telephone:(310)538-6986 Name: Jeremiah Costello, Fleet Manager Telephone:(310)436-6582 Name: Mike Zamora, Personnel Manager Telephone:(310)436-6560 Name: Jennie Gamboa-Moran, Dispatch Telephone:(310)538-6903 Name: Nita Moran, Controller Telephone:(310)436-6510 mi DACKGROUND CleanStreet has its headquarters in Gardena, California. CleanStreet was formerly known as California Street Maintenance and South Bay Sweeping. Company founder and CEO Jere Costello began sweeping shopping centers in 1961. In 1969 with the help of George Graziadio and Imperial Bank, Jere purchased his first revolutionary and dependable Tymco Air Sweeper. By 1973, the company had become one of the largest shopping center sweeping companies in Southern California. That year the company began sweeping its first municipality, Rolling Hills Estates. We will always be grateful to City Manager Harry Peacock for giving us that opportunity. In 1978 Proposition 13 passed. All of sudden more cities became interested in saving money. Often potential municipal clients would say "of course we would like to contract for street sweeping services and save money, but how do we know you will do a good job? We have had some bad experiences with irresponsible and non-responsive contractors." We would say, "We will make a simple promise to you and your City. We will sweep every street on time every day. We will instruct our operator to take as many passes as are necessary to clean every street thoroughly. If we ever do receive a complaint, we will re-sweep it immediately. No questions asked." As word spread that we are a good dependable company, we slowly and steadily grew year after year. Our commitment to quality and customer satisfaction turned out to be an overwhelming success. Today CleanStreet serves scores of municipalities and major private facilities with high quality cleaning and sweeping services. The key to our success is the fact that we kept that promise of quality to our clients. CleanStreet takes pride in its high level of expertise that is brings to every job. We employ the best methods and the most effective equipment. Our employees are well trained and enjoy good pay and healthcare benefits. Our employees take great pride in the quality of their work and in your complete satisfaction. (800) 225-7316 x108 a0een&met 1937 W. 169th Street `'If'—ing Your `'"vwo-n."` Gardena, CA 90247 PUBLIC" WORKS CONSTRUCTION CONTRACTS Small Projects Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, rand for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, written on a comprehensive general liability,farm, and must include coverage for liability arising fi-onr Contractor's or Sttbcontractor's acts or omissions, including Contractor's protected coverage, blanket contractual, products and completed operations,vehicle coverage and employers non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all �liability for personal irrjzrry, death,property damage or destruction,and personal and advertising injury.If a general 'aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be(1)the minimum coverage/limits specified in this agreement; or(2)the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. Automobile Liability: ISO Form CA 00 01 covering any auto(Code 1),or if Contractor has no owned autos,then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease,or as otherwise required by statute.If Contractor is self-insured,Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. ❑ N/A if box checked(Contractor provides written verification it has no employees). 4. Professional Liability with limits no less than$1,000,000 per occurrence or claim, and $2,000,000 aggregate. [S N/A if box checked (Contract is not design/build). 5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. © N/A if box checked (Project does not involve construction or irnprovemerrts/instr'rllatiorrs to property). Insurance Requirements for C,own-tietion Contraels Version:Jan. 2019 1 6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and$2,000,000 policy aggregate. FN N/A if box checked (Project does 7101 h1volve environmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Selj-'Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option, either: (1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide,that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council,officers,officials,employees,agents,servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment ftimislied. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project,Contractor's insurance coverage shall be"primary and non-contributory"and at least as broad as ISO CG 20 0104 13 with respect to City, its officers, officials, employees and volunteers,and shall not seek contribution from City's insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance,the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a"primary and non-contributory" basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced,cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builders Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder's Risk policy must be issued on all occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties,and for the benefit of City.If the Project does not involve new or major reconstruction,City may elect,acting in its sole discretion,to accept all Installation Floater policy instead of Builder's Risk. For such projects,the Property Installation Floater shall include improvement,remodel,modification,alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation,and testing at the City's site. Insurance Reqiiiremoll,Yfbr COILM-110i0il Contracts Version:Jan 201.9 2 ............................ ...... Waiver of'Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City.Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. Acceptability of'Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M.Best's financial strength rating of"A"or better and a financial size rating of"VII"or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a sum equal to the Contract Price. If the Performance Bond provides for a one-year warranty a separate Maintenance � Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements,based on the nature of the risk,prior experience,insurer,coverage, or other circumstances. Insurance Requirements for Construction Contracts Vers 071.'Jan. 2019 3 AC"W> DATE(MM/DD/YYYY) �E 1'II1' F LIABILITY INSURANCE F05/09/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marron Insurance Services/Global Risk, LLC (AH/0NNo Ext: 310-514-8425 nAic No:310-514-8688 1891 N. Gaffey ADDRESS: Y@ Street, Suite 203 E-MAIL becky@marronins.com San Pedro, CA 90731 INSURERS AFFORDING COVERAGE NAIC# License#OE63455 INSURER A: United States Fire Insurance Company k( 121113 INSURED INSURERS:Alaska National Insurance Company A. 38733 CleanStreet, Inc. INSURERC: DBA: California Street Maintenance INSURERD: 1937 W 169th Street INSURER E: Gardena, CA 90247 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR IN SD WVD POLICY NU BER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X 506-896201-8 04/01/19 04/01/20V EACH OCCURRENCE $ 1,000,0001 DAMAGE TO RENTED CLAIMS-MADE I X I OCCUR PREMISES Ea occurrence $ 1,000,000 X Contractual Liability MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICYPRO- ❑X JECT 1-1LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY X 506-896201-8 04/01/19 04101120v COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLA LAB X OCCUR 523-809816-3 04/01/19 04/01/20 EACH OCCURRENCE $ 5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION X 19DWS08875 04/01/19 04/01/20 X STATUTE OERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) City of Cupertino, its City Council, Officers, Officials, Employees, Agents, Servants and Volunteers are named as Additional Insured per attached endorsements. **10 Day notice will apply for non payment of premium.** CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER 506-896201-8 COMMERCIAL GENERAL LIABILITY CLEANSTREET, I C. CG 20 37 07 04 DBA: CALIFORNIA STRE NTENANCE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL I , LESSEES CONTRACTORSCOMPLETED TI This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM ANY LOCATION WHERE YOU ARE YOU ARE REQUIRED BY A WRITTEN REQUIRED BY A WRITTEN CONTRACT TO CONTRACT TO ADD AS AN ADDITIONAL ADD A PERSON OR ORGANIZATION AS INSURED AN ADDITONAL INSURED Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". SUCH COVERAGE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED SHALL BE PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE NON-CONTRIBUTING WITH THE COVERAGE PROVIDED UNDER THIS POLICY. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: 506-896201-8 COMMERCIAL GENERAL LIABILITY CLEANSTREET, I C. CG2010 07 04 DBA: CALIFORNIA TREET MAINTENANCE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES CONTRACTORS ® SCHEDULED ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU ANY LOCATION WHERE YOU ARE ARE REQUIRED BY A WRITTEN CONTRACT TO REQUIRED BY A WRITTEN CONTRACT TO ADD AS AN ADDITIONAL INSURED ADD A PERSON OR ORGANIZATION AS AN ADDITONAL INSURED Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 1.All work, including materials, parts or equipment include as an additional insured the person(s) or furnished in connection with such work, on the organization(s) shown in the Schedule, but only project (other than service, maintenance or re- with respect to liability for "bodily injury", "property pairs)to be performed by or on behalf of the addi- damage" or "personal and advertising injury" tional insured(s) at the location of the covered op- caused, in whole or in part, by: erations has been completed; or 1. Your acts or omissions; or 2.That portion of"your work"out of which the injury or 2. The acts or omissions of those acting on your damage arises has been put to its intended use by behalf; any person or organization other than another con- in the performance of your ongoing operations for tractor or subcontractor engaged in performing opera- the additional insured(s) at the location(s) desig- tions for a principal as a part of the same project. nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage"occurring after: CG 20 10 07 04 © ISO Properties, Inc., 2004 POLICY NUMBS :'506-896201-8 COMMERCIAL GENERAL LIABILITY CLEANSTREET, INS___.,,...._—_ CG 24 04 05 09 DBA: CALIFORNIA STREET MAINTENANCE RIGHTSWAIVER OF TRANSFER OF Y AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION FOR WHOM THE INSURED IS REQUIRED TO WAIVE RIGHT TO RECOVERY UNDER A CONTRACT AS DESCRIBED BELOW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ JW Alaska National INSURANCE CoPNP4mY � � WAIVER C)F OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA � We have the right to recover our payments from You must maintain payroll records accurately . anyone liable for an injury covered by this policy. We segregating the remuneration of your employees while � will not enforce our right against the person or engaged in the work described in the Schedule. organization named in the Schedule. (This agreement applies only tothe extent that you pedbmn The additional premium for this endorsement ahoU be work under a written contract that requires you to 2 96 of the California workers' compensation obtain this agreement from us.) premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Blanket Waiver: Any person or organization for whom the insured has agreed, by written contract, to furnish this waiver. This endorsement changes the policy to which it is attached and, unless otherwise steted, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective 04/01/10-04/ 1/20 Policy Insured C|eanotnaet. |no. Endorsement No. 5 Countersigned By VVC04U306 (04O4) All DooaCopy i 1'I1e �a,44,S�� Hanover The Hanover Insurance Company Insurance Groupe Citizens Insurance Company of America Massachusetts Bay Insurance Company Bond Number: 1077681 PAYMENT BOND CONTRACTOR (name,legal status and adcb•ess): SURETY (Name,legal status and principal place ofbusiness) C1eanStreet. Inc. The Hanover Insurance Company 1937 W 169tb St 440 Lincoln Street Gardena. CA 90247 ']'his document has important legal Worcester, MA 01653 consequences. Consultation with OWNER (name avid address): an attorney is encouraged with Citv of Cupertino respect to its completion or 10300 Torre Avenue modification. Cunertino. CA 95014 Any singular reference to Contractor,Surety,Owner or other CONTRACT party shall be considered plural Jul 1, 2019 where applicable. Effective Date of the Agreement: Y Amount: $ 63,807 Description name cmd location): Street Sweeping Services BOND Date(not earlier than the Effective Date of the Agreement of the Construetion Contract) July 1,2019 Amount: $ 63,807 Modifications to this Bond Form: FNone See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY CieanStreet, Inc. (seal) The Hanover Insurance Company(seal) Contractor' ame d Corporate Seal Surety's Name d Cor orate Seal By: - By: Signature Sign ure(attach power of attorney) 0 C d 50f1 8 Dl-recilrof Patrick T. Moughan -Attorney-in-fact Print Name/Title sl (C D0Ve p t Print Name/Title (Any additional signatures appew-on the last page of this Payment Bond.) (FOR INFORMATION ONLY-Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Global Risk, LLC 800 Wilshire Blvd.2nd Floor Los Angeles, CA 9001.7 213-550-2253 1011 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312(2010 Edition) Page 1 of 4 7. When a Claimant has satisfied the conditions of Paragraph 1. The Contractor and Surety,jointly and severally, bind 5.1 or 5.2,whichever is applicable,the Surety shall themselves,their heirs,executors,administrators, promptly and at the Surety's expense take the following successors,and assigns to the Owner to pay for labor, actions: materials,and equipment furnished for use in the performance of the Construction Contract,which is 7.1 Send an answer to the Claimant,with a copy to the incorporated herein by reference,subject to the following Owner,within sixty(60)days after receipt of the terms. Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are 2. If the Contractor promptly makes payment of all sums due disputed;and to Claimants,and defends,indemnifies,and holds harmless the Owner from claims,demands,liens,or suits by any 7.2 Pay or arrange for payment of any undisputed person or entity seeking payment for labor,materials,or amounts. equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor 7.3 The Surety's failure to discharge its obligations shall have no obligation under this Bond. under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or 3. If there is no Owner Default under the Construeton Contractor may have or acquire as to a Claim, Contract,the Surety's obligation to the Owner under this except as to undisputed amounts for which the Bond shall arise after the Owner has promptly notified the Surety and Claimant have reached agreement. If, Contractor and the Surety(at the address described in however,the Surety fails to discharge its Paragraph 13)of claims,demands,liens,or suits against the obligations under Paragraph 7.1 or 7.2,the Surety Owner or the Owner's property by any person or entity shall indemnify the Claimant for the reasonable seeking payment for labor,materials,or equipment attorney's fees the Claimant incurs thereafter to furnished for use in the performance of the Construction recover any sums found to be due and owing to the Contract,and tendered defense of such claims,demands, Claimant. liens,or suits to the Contractor and the Surety. 8. The Surety's total obligation shall not exceed the amount 4. When the Owner has satisfied the conditions in Paragraph of'this Bond.plus the amount of reasonable attorneys 3,the Surety shall promptly and at the Surety's expense fees provided under Paragraph 7.3,and the amount of defend,indemnify,and hold harmless the Owner against a this Bond shall be credited for any payments made in duly tendered claim,demand,lien,or suit. good faith by the Surety. 5. The Surety's obligations to a Claimant under this Bond 9. Amounts owed by the Owner to the Contractor under the shall arise after the following: Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any, 5.1 Claimants who do not have a direct contract with under any construction performance bond. By the the Contractor, Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the 5.1.1 have furnished a written notice of non- performance of the Construction Contract are dedicated to payment to the Contractor,stating with satisfy obligations of the Contractor and Surety under this substantial accuracy the amount claimed Bond,subject to the Owner's priority to use the funds for and the name of the party to whom the the completion of the work. materials were,or equipment was, furnished or supplied or for whom the 10. The Surety shall not be liable to the Owner,Claimants,or labor was done or performed,within ninety others for obligations of the Contractor that are unrelated (90)days after having last performed labor to the Construction Contract. The Owner shall not be or last furnished materials or equipment liable for the payment of any costs or expenses of any included in the Claim;and Claimant under this Bond,and shall have under this Bond no obligation to make payments to or give notice on behalf 5.1.2 have sent a Claim to the Surety(at the of Claimants,or otherwise have any obligations to address described in Paragraph 13). Claimants under this Bond. 5.2 Claimants who are employed by or have a direct 11. The Surety hereby waives notice of any change,including contract with the Contractor have sent a Claim to changes of time,to the Construction Contract or to related the Surety(at the address described in Paragraph subcontracts,purchase orders,and other 13). obligations. 12. No suit or action shall be commenced by a Claimant under 6. If a notice of non-payment required by Paragraph 5.1.1 is this Bond other than in a court of competent jurisdiction in given by the Owner to the Contractor,that is sufficient to the state in which the project that is the subject of the satisfy a Claimant's obligation to furnish a written notice of Construction Contract is located or after the expiration of non-payment under Paragraph one year from the date(1)on which the Claimant sent a 5.1.1. Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2,or The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312(2010 Edition) Page 2 of 4 (2)on which the last labor or service was performed by shall be to include without limitation in the terms of anyone or the last materials or equipment were furnished "labor,materials,or equipment"that part of the by anyone under the Construction Contract,whichever of water,gas,power,light,heat,oil,gasoline, (1)or(2)first occurs. If the provisions of this paragraph telephone service,or rental equipment used in the are void or prohibited by law,the minimum period of Construction Contract,architectural and limitation available to sureties as a defense in the engineering services required for performance of jurisdiction of the suit shall be applicable. the work of the Contractor and the Contractor's subcontractors,and all other items for which a 13.Notice and Claims to the Surety,the Owner,or the mechanic's lien may be asserted in thejurisdiction Contractor shall be mailed or delivered to the address where the labor,materials,or equipment were shown on the page on which their signature appears. furnished. Actual receipt of notice or Claims,however accomplished, shall be sufficient compliance as of the date 16.3 Construction Contract: The agreement between received. the Owner and Contractor identified on the cover 14. When this Bond has been furnished to comply with a page,including all Contract Documents and all statutory or other legal requirement in the location where changes made to the agreement and the Contract the construction was to be performed,any provision in this Documents. Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions 16.4 Owner Default:Failure of the Owner,which has conforming to such statutory or other legal requirement not been remedied or waived,to pay the Contractor shall be deemed incorporated herein. When so furnished, as required under the Construction Contract or to the intent is that this Bond shall be construed as a statutory perform and complete or comply with the other bond and not as a common law material terms of the Construction Contract. bond. 15. Upon requests by any person or entity appearing to be a 16.5 Contract Documents: All the documents that potential beneficiary of this Bond,the Contractor and comprise the agreement between the Owner and Owner shall promptly furnish a copy of this Bond or shall Contractor. permit a copy to be made. 17. If this Bond is issued for an agreement between a 16. Definitions contractor and subcontractor,the term Contractor in this 16.1 Claim: A written statement by the Claimant Bond shall be deemed to be Subcontractor and the term including at a minimum: Owner shall be deemed to be Contractor. 1. The name of the Claimant; 18.Modifications to this Bond are as follows: 2. The name of the person for whom the labor was done,or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor,materials,or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor,materials,or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor,materials,or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant;and 8. The total amount due and unpaid to the Claimant for labor,materials,or equipment furnished as of the date of the Claim. 16.2 Claimant:An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials,or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312(2010 Edition) Page 3 of 4 (Space is provided Below fir additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (seal) Company P y (seal) Signature Signature Name/Title Name/Title Address Address The Company executing this bond vouches that this document conforms to American Iristitute of Architects Document A312(2010 Edition) Page 4 of 4 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws ofthe State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing underthe laws of the State of Michigan,(hereinafter individually and collectively the"Company")does hereby constitute and appoint, Patrick T.Moughan,Mark D.Kiger,Alec D.Martinez,and/or Jing Guo Mason Of Global Risk,LLC of Los Angeles,CA each individually,if there be more than one named,as its true and lawful attorney(s)-in-fact to sign,execute, seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,any and all surety bonds,recognizances, undertakings,or other surety obligations.The execution of such surety bonds,recognizances,undertakings or surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary ofthe Company,in their own proper persons.Provided however,that this power of attorney limits the acts of those named herein;and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States,not to exceed Fifty Million and No/100($50,000,000)in any single instance That this power is made and executed pursuant to the authority ofthe following Resolutions passed by the Board of Directors of said Company,and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact ofthe Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety, any and all bonds,recognizances,contracts of indemnity,waivers of citation and all otherwritings obligatory in the nature thereof,with powerto attach thereto the seal ofthe Company.Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 —The Hanover Insurance Company;Adopted April 14,1982—Massachusetts Bay Insurance Company;Adopted September 7,2001—Citizens Insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,this 291" day of March,2017. The Hanover Insurance Company 'Ihe 19a rnaver Insurance company t ➢Znsu�•a nce Compa ny ,,, MassachusettsBay Insurance Company Citizens Insurance Company of America . �,,, ' Citizens Insurance Company of America Massachusetts a a4 ism John C.~ the EVE" JW2 1eN3 i /. k� and President JamesH.Kawiecld,price President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss. On this 29"day of March,2017 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. atMEry Pudle OF� B° Oi-1.0.8044 My Conunc5swn 6xpi—hl airh 4.2022 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 13th day of May,2019 CERTIFIED COPY r'c r r IL°c''"dr Theodore(i.Martinez,Vine Presidcnt 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 Los Angeles On before me, Zipporah D. Kiger, Notary Public tHere insert name and title of the officer) personally appeared Patrick T. Moughan who proved to me on the basis of satisfactory evidence to be the person(sr) whose name(-s-)(ij)are subscribed to the within instrument and acknowledged to me that <Eashe/they executed the same in(tiyher/their authorized capacity(L-6), and that by (�Isher/their signature(-,) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ZIPPORAH D. KIGE'R .... ....... WITNESS my hand and official seal. (3 Commission No 2190589 z C) C) NOTARY PUBLIC-CALIFORNIA 0 Z I OS ANGELS COUNlY 4r My Gc................,�, I-qw,,:APPIR h! 20PI Not(friy Pu' , ''fiQ Signature (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION 7-hisj�,ni complies irilh cin-i-ent Calt1brina statutes regarding nolcn-y hording and, DESCRIPTION OF THE ATTACHED DOCUMENT tfneeded,should be completed and attached to the doe innen 1.Acknoirledgments JjYnn other states may be completed for documents being sent to that state so long as the wording does not require the Cahfoi-nia lllotai',i,to wohne California notary hriv. (Title or description of attached document) - State and County information must be the State and County where the dOCUment signer(s)personally appeared before the notary public for acknowledgment. - Date ol'notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) MUSt also be the same date the acknowledgment is completed. - The notary public ITIUSt print his or her name as it appears within his or her Number of Pages—Document Date commission followed by a comma and then YOUT 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(Le, 4+e/she/ltrey—, is/are)or circling the correct forms.Failure to correctly indicate this El Individual (s) information may lead to rejection ofdocurnent recording. El Corporate Officer e 'Fhe 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 form. El Partner(s) - Signature of the notary public Must match the signature on file with the office of the COLloty clerk. F±1 Attorney-in-Fact Additional information is not required but could help to CLISLire this F-] Trustee(s) acknowledgment is not Misused or attached to a different CIOCLIrnent. F-i Other -e Indicate title or type of attached(IOCUI-nCot,number of pages and date. -e Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary), 2015 Version www.N otaryC lasses.corn 800-873-.9865 Securely attach this document to the signed document with a staple. The Hanover -rhe Hanover Insurance Company Insurance Group", Citizens insurance Company of America Massachusetts Bay Insurance Company Bond Number: 1077681 PERFORMANCE BOND CONTRACTOR (name, legal status and address) SURETY (Name,legal status and principal place of business) CleanStreet. Inc. The Hanover Insurance Company 1937 W 169th St Gardena. CA 90247 440 Lincoln Street This(10CUrnent has important legal Worcester, MA 01653 consequences. Consultation with OWNER (name, legal status and address) an attorney is encouraged with CitV Of CLIDertino respect to its completion or 10300 Torre Avenue modification, CLIDertino. CA 95014 Any singular reference to CONTRACT Contractor,Surety,Owner or other Effective Date of the Agreement: July 1,2019 party shall be considered Plural where applicable. Amount: $ 63,807 Description(nanie and location). - Street Sweeping Services BOND Date(not earlier than the Eff ective Date ql'the Agreement of the Consn'uction Contract) July 1,2019 Amount: 63,807 Modifications to this Bond Form: FNone F- See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY CleanStreet, Inc. (seal) The Hanover Insurance Company (seal) Contract(As Naand Corporate Seal Surety's Name/and orpor e Seal By: A By: �or e,, Signatu Sig nap re(attach power ofottomey) U-co I(-ecfo r Patrick T. Moughan -Attorney-in-fact Print Name/Title Doti opoeylt Print Name/Title (Any additional signalui-es appear on the last page ql'this Performance Bond) (FOR INFORMATION ONLY-Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Global Risk,LLC 800 Wilshire Blvd.2nd Floor Los Angeles, CA 90017 213-550-2253 The Company executing this bond vouches that this document conforms to American Institute ol'Architects DOCLU-nent A3 12(2010 Edition) Page 1 ol`3 l. The Contractor and Surety,jointly and severally,bind the Contract Price incurred by the Owner aaa result nfdhe themselves,their heirs,executors,administrators,successors,and Contractor Default;or assigns m the Owner for the performance"f the Construction Contract.which in incorporated herein hyreference. 5.4 Waive its right to perform and complete,arrange for i completion,o,obtain a new contractor,and with reasonable | � 2. If the Contractor performs the Construction Contract,the Surety promptness under the . and the Contractor shall have no obligation under this Bond,except circumstances: when applicable to participate ina conference as provided in 5.4] After investigation,determine the amount for Paragephl which it may be liable to the Owner and,as soon as � practicable after the amount is determined,make payment l |f there isno Owner Default under the Construction Contract,the the Owner;o, Surety's obligation under this Bond shall arise after: 5.42 Deny liability in whole orin part and notify the � Owner,citing the reasons for denial. ! 3] The Owner first provides notice to the Contractor and | Surety tn discuss the Contractor's pedb,mance If � |ftheSur�ydoe�n��pmceeda�pmvidedinPam h5 with � � Paragraph � � does not request a conference,the Surety may,within five(5) reasonable promptness,the Surety shall hc deemed mhriodefault � business days after receipt nf the Owner's notice,request such on this Bond seven days after receipt v[on additional written notice � aconfe,ence. |f the Surety timely requests a conference,the 8nm the Owner m the Surety demanding that the Surety perform its Owner shall attend. Unless the Owner agrees otherwise,any obligations under this Bond,and the Owner shall hc entitled w � conference requested under this Paragraph 3] shall beheld enforce any remedy available m the Owner. 1[the Surety proceeds om within ten(lO)business days of the 5umt Surety's pwvidodinPam&mybi4,nodtbc0�no��sov/hxpaymon�v,U.o . / Owner's notice. If the Owner,the Contractor,and the Surety Surety has denied liability.iu whole min part.without further notice � agree,the Contractor shall be allowed a reasonable time to the Owner shall hc entitled m enforce any vurnvdy available m the Owner. perform the construction Contract,but such an agreement shall � not waive the Owner's right,if any,subsequently to declare a 7. |f the Surety elects to act under Paragraph ll'I2,or53'then Contractor Default; the responsibilities of the Surety to the Owner shall not begreater � than those of the Contractor under the Construction Contract,and the 3.2 The Owner declares a Contractor Default,terminates responsibilities of the Owner tn the Surety shall not be greater than � the Construction Contract and notifies the Surety; those of the Owner under the Construction Contract. Subject tnthe and commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated,without duplication for: 33 The Owner has agreed to pay the Balance ofthe Contract Price in accordance with the terms of the Construction 7] the responsibilities of the Contractor for correction of Contract to the Surety ortna contractor selected tu perform the defective work and completion of the Construction Construction Contract. Contract; 72 additional legal,design professional,and delay costs 4. Failure on the part of the Owner to comply with the notice resulting from the Contractor's Default,and resulting from the requirement in Paragraph 3] shall not constitute a failure mcomply actions or failure to act of the Surety under Paragraph 5; with a condition precedent m the Surety's ob|igations.or,e|easethe and Surety from its obligations,except«/the extent the Surety 73 liquidated damages,orifno liquidated damages are ! demonstrates actual specified in the Construction Contract,actual damages caused by | prejudice. delayed performance or non-performance ofthe � 5. When the Owner has satisfied the conditions of Paragraph 3.the Contractor. Surety shall promptly and at the Surety's expense take one of the 8. |f the Surety elects to act under Paragraph 5]'5.3'or5/4,the following actions: Surety's liability is limited to the amount of this Bond. 5] Arrange fn,the Contractor,with the consent nfthe 9. The Surety shall not be liable to the Owner o,others for Owner,to perform and complete the Construction obligations of the Contractor that are unrelated to the Construction Contract; Contract,and the Balance nf the Contract Price shall not be reduced o, 5.2 Undertake to perform and complete the Construction set off on account of any such unrelated obligations. No right nf Contract itself,through its agents o,independent action shall accrue on this Bond to any person or entity other than the contractors; Owner o,its heirs,executors,administrators,successors,and 53 Obtain bids o,negotiated proposals from qualified assigns. contractors acceptable to the Owner for a contract for lO.The Surety hereby waives notice of any change,including | performance and completion of the Construction Contract, changes of time,to the Construction Contract ortorelated arrange for a contract tobe prepared for execution by the Owner subcontracts,purchase orders,and other . and a contractor selected with the Owners concurrence,tobe obligations. secured with performance and payment bonds executed bya ll. Any proceeding,legal or equitable,under this Bond may be � qualified surety equivalent tn the bonds issued onthe instituted in any court of competent jurisdiction in the location in � Construction Contract,and pay to the Owner the amount of which the work or part of the work is located and shall beinstituted damages asdescribed in Paragraph 7in excess of the Balance of within two years after adeclaration of Contractor Default orwithin � The Company executing this bond Vouches that this CIOCLIMCIlt conforms to American Institute of Architects Document A3 12(20 10 Edition) � Pne 2ms two years after the Contractor ceased working or within two years 14.2 Construction Contract: The agreement between the after the Surety refuses or fails to perform its obligations under this Owner and Contractor identified on the cover page,including all Bond,whichever occurs first. If the provisions of this paragraph are C0I1traCt Documents and changes made to the agreement and void or prohibited by law,the minimum periods of limitations the Contract Documents. available to sureties as a defense in the jurisdiction of the suit shall be applicable. 14.3 Contractor Default:Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply 12. Notice to the Surety,the Owner,or the Contractor shall be mailed with a material term of the Construction Contract. or delivered to the address shown on the page on which their signature 14.4 Owner Default:Failure of the Owner,which has not appears. been remedied or waived,to pay the Contractor as required 13. When this Bond has been furnished to comply with a statutory or under the Construction Contract or to perform and complete or other legal requirement in the location where the construction was to comply with the other material terms of the Construction be performed,any provision in this Bond conflicting with said Contract. statutory or legal requirement shall be deemed deleted herefrom and 14.5 Contract Documents:All the documents that comprise provisions conforming to such statutory or other legal requirement the agreement between the Owner and shall be deemed incorporated herein. When so furnished,the intent is Contractor. that this Bond shall be construed as a statutory bond and not as a common law bond. 15. If this Bond is issued for an agreement between a contractor and subcontractor,the term Contractor in this Bond shall be deemed to be 14.Definitions Subcontractor and the term Owner shall be deemed to be Contractor. 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract 16. Modifications to this Bond are as follows: after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. (Space is provided below for additional signatures of added parties, other than those appearing on the cover-page.) CONTRACTOR AS PRINCIPAL SURETY Company: (seal) Company: (seal) Signature Signature Name/Title Natne/Title Address Address The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312(2010 Edition) Page 3 o1'3 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: ThatTHE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing underthe laws of the State of Michigan,(hereinafter individually and collectively the"Company")does hereby constitute and appoint, Patrick T.Moughan,Mark D.Kiger,Alec D.Martinez,and/or Jing Guo Mason Of Global Risk,LLC of Los Angeles,CA each individually,if there be more than one named,as its true and lawful attorney(s)-in-fact to sign,execute, seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,any and all surety bonds,recognizances, undertakings,or other surety obligations.The execution of such surety bonds,recognizances,undertakings or surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary ofthe Company,in their own proper persons.Provided however,that this power of attorney limits the acts of those named herein;and they have no authorityto bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States,not to exceed Fifty Million and No/100($50,000,000)in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company,and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety, any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with powerto attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 —The Hanover Insurance Company;Adopted April 14, 1982—Massachusetts Bay Insurance Company;Adopted September 7,2001—Citizens Insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,this 29`" day of March,2017. The Hanover Insurance Company '�r{a.e Fla mover Insurance Company Massachusettshay Insu�ance Company ��,�� Massachusetts Bay I Insurance C mp ny Company of America I ram ," Masses Insurance Company of America Citizenssurancer �f c�� Cras e John C_Roche,EVP and President Jarnes H.IKam-iecl ,Vice President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss. On this 29"day of March,2017 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. �DIAWIIEJ. MARINOy Puck.MY ERNO� Di.—J o,Nuu3n Pubtic My Comm ss Expires March 4.2022 I,the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 13th day of May,2019 CERTIFIED COPY tieodore G.Martinez,Vice President l� 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 Los Angeles On 2-C, before me, Zipporah D. Kiger, Notary Public (mere insert name and title or the officer) personally appeared Patrick T. Moughan who proved to me on the basis of satisfactory evidence to be the person(s.) whose name(-s-)(g re subscribed to the within instrument and acknowledged to me that <bDshe/they executed the same in Isher/their authorized capacity(iwes), and that by <�is er/their signature(&) on the instrument the person(-,), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1............................ baa .................. ZIPPORAH E) KIGE'R`_ WITNESS my hand and official seal. r Corrin-iission No. 2190589 z C NOTARY PUBLIC CALIFORNIA C) -74 My C I pi�,APRH, W Notary PuRic S" at6-re- (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This.fo,n coniplies with current Califoj-nia statutes i-egcwc1tng nolcu-.),wording ancl, DESCRIPTION OF THE ATTACHED DOCUMENT tfneede(l,should be completed and attached to the clocitinew.Acknowlecigniews fi-oin other states may be completed for documents being sent to that state so long as the wording does not require the Cahfornia notary to violate California notary h/it" (Title or description of attached document) - State and County information Must be the State and County where the CIOCUrrient signer(s)personally appeared before the notary public for acknowledgment. - Date of notarization Must be the date that the signer(s)personally appeared which (Title or description of attached document continued) Must also be the same date the acknowledgment is completed. - The notary public Must print his or her name as it appears within his or her Number of Pages Document Date 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. he/sheAey-, is/are)or circling the correct forms.Failure to correctly indicate this El Individual (s) information may lead to rejection of document recording. 71 Corporate Officer - The notary seal impression must be clear and photographically reproducible. Impression Must not cover text or lines. If sea] impression smudges, re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. * Partner(s) - Signature of the notary public must match the Sigllaftlre on fiie with the office of the county clerk, * Attorney-in-Fact Additional in1`017111atiOn is not required but could help to ensure this F-] Trustee(s) acknowledgment is not Misused or attached to a different dOCL1111ent. F-] Other Indicate title or type of attached dOCLInlent,111.1111ber 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). 2015 Version www,N otaryC lasses.corn 800-873-9865 SeCLirelyattaclithis document to the signed document with astaple. Exhibit D Labor Code Requirements 1. The following prevailing wage provisions apply to this Agreement. 1.1 In General. For purposes of California labor law, this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations ("DIR")to all workers employed on this project as applicable. In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project 1 1/2 the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 1.2 Registration. Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal, subject to the requirements of section 4104 of the California Public Contract Code, and shall not engage in the performance of any work under this Agreement, unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and wan-ants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number, along with the registration numbers of any subcontractors as required, to the City. 1.3 Posting. Contractor shall post at the job site the determination of the DIR director of the prevailing rate of per them wages together with all job notices that are required by regulations of the DIR. 1.4 Reporting. Contractor and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law. 1.5 Report on Prevailing Rate of Wages. The City has obtained the general prevailing rate of per them wages in the vicinity of the project for each type of worker needed, a copy of which is on file at the City of Cupertino City Hall, and shall be made available to any interested party upon request. 1.6 Employment of Apprentices. Contractor's attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the pail of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 1.7 Penalties. Contractor's attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and subcontractors may be subject to penalties for Contractor's and subcontractors' failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, Conti-actor or subcontractors may be subject to penalties for Contractor's or subcontractors' failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations. 1090602.1 ffil CleenStnet , , , '' E: '311 1e May 20, 2019 Brad Alexander Public Works Supervisor 10300 Torre Avenue Cupertino, CA 95014 RE: Executed Contract Dear Mr. Alexander, Enclosed is our executed contract. We look forward to serving you with excellent service. Please call if you have any questions. Thank you. Sincerely, Jere stello President/CEO Cell: (310)740-1602 jcostello@a cleanstreet.com 1937 West 1691" Street, Gardena, Califomia 90247 (310) 436-6545 CleanStreet.com E-mail: jcostello�c�cleanstr-eet.com Fax: (310)538-8015