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00-092 Republic Electric 4~ 1 CITY OF CUPEI~TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408)777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION SOUTH STEELING ROAD BICYCLE FACILITY IMPROVEMENTS PROJEC~C 9412 NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements hereinafter described in the contract for doing which was entered into by and between the City of Cupertino and Republic Electric on September 6, 2000, in accordance with the plans and specifications for said work, have been completed to my satisfacti~~n and acceptance of completion was ordered by the City Council on June 4, 2001. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all a.s more particularly described in the plans and specifications for said project. `yZ,4c,~u. u u Director of Public Works and City Engineer of the City of Cupertino June 5, 2001 Printed on Recycled Paper V ./ CITY OF CUPE~TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408)777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT CERTIFICATE OF ~~OMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION MILLER AVENUE BICYCLE F~,CILITY IMPROVEMENTS PROJECT 9438 NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements hereinafter described in the contract for doing which was entered into by and between the City of Cupertino and Republic Electric on September 6, 2000, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered by the City Council on June 4, 2001. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all a~. more particularly described in the plans and specifications for said project. `~,~dvG~~cu.u Director of Public Works an City Engineer of the City of Cupertino June 5, 2001 Printed on RecycL~d Paper 1 ~'~ CITY OF 4~ , CUPEI~TINO City Hall PUBLIC 1~IpRK~ 10300 Torre Avenue Cupertino, CA 95014-3202 ~~~~ ~ ~ ~~~aKr (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT MILLER AVENUE BICYCLE FACILITY IMPROVEMENT PROJECT, PROJECT N0.9438 AND SOUTH STEI,LING ROAD BICYCLE FACILITY IMPROVEMENT PROJECT, PROJECT N0.9412 CONTRACT CHAN(TE ORDER NO. 1 Contractor Republic Electric 7120 Redwood Boulevard Novato, CA 94945-4114 The following changes are hereby approved: lA. Installation of conduits for Miller Ave. bike loops $ 1,738.50 1 B. Additional striping on southb~~und Miller Ave. 634.00 1C. Removal & re-striping of South Stelling Road 1,260.00 $3,632.50 Total Project: Original Contract Change Order No. 1 Revised Contract CONTRACTOR Title ~~ P ~ir~v-Q~at.~? Date ~ S 20 ~ d ~ $137,705.00 3,632.50 $141,337.50 CITY OF CUPERTINO clluuc/ Ralph A. Qualls, Jr. Director of Public Works City Council: June 4, 2001 Resolution No. 01- ~ ~f~ 0a9• afi a Printed on Recycled Paper ,~' ~l~~ ~ij .. 4. CONTRACT FOR. PUBLIC WORKS This CONTRACT made on September 6, 2000,, by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and Republic Electric, hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form. b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications for South Stelling Rc,ad Bicycle Facility Improvement Project, Project No. 9412 and Miller Avenue Bicycle Facility Improvement Project, Project No. 9438 d. Faithful Performance Bond and Materials Borid. e. Insurance Agreement, Certificate of Insl~rance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorseme~it of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. f. This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be e:~cecuted the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work of modifications to existing traffic signals at four locations, and installation of roadway signs and pavement delineation, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively South Stelling Road Bicycle Facility Improvement Project, Project No. 9412 and Miller Avenue Bicycle Facility Improvement Project, Project No. 9438, and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specific~~tions under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Bert J. Viskovich. CONTRACT PAGE l OF 6 3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of $138,887.50 (ONE HUNDRED THIRTY-EIGHT THOUSAND EIGHT HIUNDRED EIGHTY-SEVEN AND 50/100 DOLLARS) subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMEl\(T FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this ('.ontract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, or in accordance with the agreement ~~f the parties, or in accordance with Section 6, paragraph "f' of the General Provisions. 5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and ea:cements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CONTF..ACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to CITY of its readiness for inspection and without the approval thereof c)r consent thereto by CITY. Should any such work be covered up without such notice, approv~il, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alteration:, deviations, additions or omissions from the Plans and Specifications or the Contract Documents, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in acc~~rdance with the agreement of the parties. No extra work shall be performed or change be macie except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTE~L REQUIREMENTS. CITY shall have the right to make changes in this Contract during the- course of construction to bring the completed improvements into compliance with environme~ltal requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement oi:'the parties. CONTRACT PAGE 2 OF 6 9. TERMINATION, AMENDMENT OR A'IODIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. TIME FOR COMPLETION. All work: under this Contract shall be completed in accordance with the Time for Completion section in the Proposal and the Specifications.of this project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay iii transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the: recovery of damages for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR IrtSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general ;assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof lie made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take over a~1d perform the Contract, or does not commence performance thereof within thirty (30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S suret;/ shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to ~unounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to (:ONTRACTOR such an amount or amounts as CONTRACT PAGE 3 OF 6 in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services rendered and materials furnished in and about the work. City may apply such withheld amount or amount; to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY'S Notice to Contractors. 14. NOTICE AND SERVICE THEREOF. A:ny notice from one party to the other under this Contract shall be in writing, and shall be dated anal signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE AVENUE; CUPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to REPUBLIC ELECTRIC, 7120 REDWOOD BOULEVARD, NOVATO, C,A 94945, postage prepaid and certified; and (c) if notice is given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at the address of CONTRACTO E~' S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. 17. WORKER'S COMPENSATION INSUIL~NCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the sate of the project. In case any work is sublet, CONTRACTOR shall require any and all sL~bcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded ~to the CONTRACTOR. CONTRACT PAGE~{OF6 In signing this Contract CONTRACTOR makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restori~ig damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if tree insurance premium is a separate bid item, obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or ab~~ut the same during its construction and before acceptance. 20. CONTRACTOR'S GUARANTEE. CON'T'RACTOR unqualifiedly guarantees the first- class quality of all work and of all materials, ~~pparatus and equipment used or installed by CONTRACTOR or by any subcontractor or sup~~lier in the project which is the subject of this Contract, unless a lesser quality is expressly auth~~rized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed ~to CITY within one (1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. 21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The alternates chosen would be for any sites currentl}~ under construction or to be constructed in the future. CONTRACT PAGE 5 OF 6 P.O. No. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPE TINO: ~'~ ~- By: MAYOR .~~ Attest: tS---~_ ~; . ~ 1 City Clerk Dater ~ ll , 2000 City Clerk CONTRACTOR: Renubli,~lectra BY~ /~r~:5/y~i Notary acknowledgment is required. If a corporation, corporate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation, a Social Security No. is required. Social Security # _l8-0~~67~~ Federal Tax I.D. # APPROVED AS TO FORM: Contractor's License No. ~/7/S~~/ City Attorney PROJECT NAME & NUMBER: South Stellin~; Road Bicycle Facility Improvement Project, Project No. 9412 and Miller Avenue Bicycle Facility Improvement Project, Project No. 9438 CONTRACTOR NAME & ADDRESS: Republic Electric 7120 Redwoc-d Boulevard Novato, CA 5-4945 CONTRACT AMOUNT: ACCOUNT NUMBER: $138,887.50 270-9412 ands 270-9438 FILE NOS: 74,009.06 anti 74,009.13 CONTRACT PAGESOF6 INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4, 5 AND 6, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS -• SUBMIT IN TRIPLICATE 1. Insurance Agreement -Must be signed by Contractor. 2. Certificate of Insurance to the City of Cuperti~io -must be completed by the insurance agent or must provide a certificate on the company's foam. They must contain the same information. 3. Endorsement of Primary Insurance -must be signed by the insurance agent for general liability and automobile liability only. 4. Additional insured endorsement -must be signed by the insurance agent for general liability and automobile liability only. 5. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project -must be signed by the insurance agent for general liability only. 6. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the insurance agent for worker's compensation only. 7. Notice of policy cancellation endorsement - ~r~ust be signed by the insurance agent or must be on the company's certificate of insurance form for all insurances. ,~.. CUPEI~TINO INSURANCE AGRIEEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress oil the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial or comprehensive general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfacto~.y to the City for all operations, sub-contract work, contractual obligations, product or compP~eted operations, all owned vehicles and non- e, owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, it;~ engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial ratilig of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates ~~f insurance evidencing the foregoing insurance coverages and such certificates shall provide the: name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligation: of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts :specified and issued by a company admitted in California and having a Best's Guide Rating of A., Class VII or better. Worker's Compensation Liability In accordance with the Worker's Compensation Act of the State of California - $1,000,000 per occurrence. Insurance Agreement Page ] of 2 ,'`~~ sJ . 'ITY OP CUPEIiLTINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Insured: Address: Description of operations/locations/products insul•ed (show contract name and/or number, if any): WORKER'S COMPENSATION * Statutory 1v1in. * Employer' s Liability (name of insurer) $ $ $ Insurance Company's State License No. Check Policy Type: Each. Occurrence $ COMPREHENSIVE GENERAL LIABILITY [ ] Premises/Operations General Aggregate $ (if a~~plicable) [ ] Owners & Contractors Protective Aggregate $ [ ] Contractual for Specific Contract Personal Injury $ [ ] Products Liability [ ] XCU Hazards [ ] Broad Form P.D. Fire ]damage (any one fire) $ [ ] Severability of Interest Clause [ ] Personal Injury with Medical Expense $ Employee Exclusion Removed (any one person) or Self-Insured COMMERCIAL GENERAL LIABILITY Retention $ (name of insurer) Policy No. Expiration Date Certificate of Insuram;e Page 1 of 2 AUTOMOTIVE/VEHICLE LIABILITY E~ODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident Liability Coverage $ $ Each Accident (name of insurer) $ or C~~mbined Single Limit $ Policy No. Expiration Late (agent's initial) A copy of all Endorsement:; to the policy(ies) which in any way limit the above-listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above polic,y(ies) provide liability insurance as required by the Agreement between the City and the insured. By: Dated: Attach Certificate of Insurance and Additional Insured Endorsement on company forms. 2000 Certificate of Insurance; Page 2 of 2 :~."' C Y OF CUPEI~TINO ENDORSEMENT OF PP;IMARY INSURANCE In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached oc any other Endorsement attached thereto, it is agreed as follows: The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insureds) shall be called upon to cover a loss under said additional policy. POLICY INFORMATION 1. Insurance Company: 2. Insurance Policy Number: 3. Effective Date of this Endorsement: 4. Insured: 2000 All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature, hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Name of Agent/Agency: Address: Title: Telephone: Facsimile: Primary Endorsement Page 1 of 1 ~vM J CITY OF CUPEf~T1N0 ADDITIONAL INSUREII ENDORSEMENT In consideration of the policy premium and nc-twithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits vrill be obtained and their directors, officers, engineers, agents and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or oi<nissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. POLICY INFORMATION 1. Insurance Company: 2. Insurance Policy Number: 3. Effective Date of this Endorsement: 4. Insured: 2000. All notices herein provided to be given by the; Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, Californi,~ 95014. I, (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature ~ hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Address: Title: Telephone: Facsimile: Additional Insured Endors~:ment Page 1 of 1 -~~~ CUPEI~TINO COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIIIZIT5 OF INSURANCE PER PROJECT In consideration of the policy premium and n~~twithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: I, This Endorsement modifies the insurance provided under the General Liability Coverage part of the below-referenced policy of insurance. The general aggregate limit under LIMITS OI~ INSURANCE applies separately to the project described as POLICY INFORMATION 1. Insurance Company: 2. Insurance Policy Number: 3. Effective Date of this Endorsement: 4. Insured: 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. 0 All notices herein provided to be given by thy; Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Address: Title: Telephone: Facsimile: Aggregate Limits F~age ] of 1 ,~~`~ c" CUPEI~TINO WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insura~ice as is afforded by the policy, the Insurance Company waives any right of subrogation it may require against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on, account of injury, including death resulting therefrom, sustained by any employee of the insured,' arising out of the performance of the above-referenced Contract. POLICY INFORMATION Insurance Company: 2. Insurance Policy Number: 3. Effective Date of this Endorsement: 14. Insured: 2000 All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured End~~rsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, (print/type name) warrant that I have authority to bind the below :listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Address: Title: Telephone: Facsimile: Waiver of Subrogation Endorsement Page 1 of 1 ,:_~~~ CfT OF CUPEfiTINO NOTICE OF POLICY CANCELLATION :ENDORSEMENT In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Company: 2. Insurance Policy Number: 3. Effective Date of this Endorsement: 4. Insured: 2000 All notices herein provided to be given by thl: Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Address: Title: Telephone: Facsimile: Cancellation Endorsement Page 1 of 1 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT WE, Principal, (contractor's name) and Surety, (bonding company/'s name) as as are held and firmly bound unto the City of ~~upertino, State of California, in the sum of lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, the Principal has entered into a contract with the City dated 20 with the obligee to do and perform the following work to- wit: NOW, THEREFORE, if the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this ~ day of _, 20_ (To be signed by Principal and Surety, Notary acknowledgment required) CONTRACTOR Principal Surety Street Address: City, State, Zip By: Attorney-In-Fact The above bond is accepted and approved this _ day of , 20_ Faithful Performance Page 1 of 1 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of more particularly described in said contract; and i~lcorporated herein by reference. WHEREAS, said principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of work contracted to be done, or for any work or lat,or done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, WE, as Principal, (contractor's name) and as Surety, (bonding company':; name) firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring team:;, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, o:r for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of an;y and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. Labor and Material Page 1 of 2 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to they terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract c-r to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this day of _, 20 (To be signed by Principal and Surety. Notary acknowledgments required.) CONTRACTOR Principal Surety Street Address: City, State, Zip By: Attorney-In-Fact The above bond is accepted and approved this __day of , 20_ Labor and Material Prge 2 of 2