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10-053 JJR Construction, Inc. AGREEMENT \i/2 CITY OF CUPERTINO 0 10300 Torre Avenue Cupertino, CA 95014 ( " 408 -777 -3200 NO. fin "' J � P BY THIS AGREE! NT, made and entered into this .day of y , 2010, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY.) and JJR Construction Inc., 1120 9 Avenue, San Mateo, CA 94402- 1426, (650) 343 -6109 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties here to agree as follows: CONTRACTOR shall provide or fumish the following specified services and /or materials: Construction services related to repair of storm drain at North West comer of Miller Ave. @I Bollinger Rd., as described • in the attached Exhibit A. EXHIBITS: The following attached exhibits hereby are made part of this Agreement Exhibit A, Bid Proposal TERMS: The services and /or materials fumished under this Agreement shall commence on May 28, 2010 and shall be completed before July 1, 2010. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: lump sum payment not to exceed $9,898.00 Califomia Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, thi officers, agents and employees from any and all damage and liability due to negligence, errors and omissions, including an costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. • Encroachment Permit. Contractor shall obtain an Encroachment Permit before commencing any work within the Public Right -of -Way. Insurance. Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non -Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes. This Agreement shall not be assigned or transferred without Che written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO- ORDINATOR and representative for CITY shall be: ENTERED NAME : Kane Wolfe DEPARTMENT: Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: l :R. � r,� .ZJt t • CITY • F CUPERTIN • By 1f' By s• ter. f - ;Jr Title ��1 ��'�,,� Title,�S�� p 02_ . pi/kJ APPROV LS EXPENDITURE DISTRIBUTION /C r 1Iz .t/ . i t) 211 DI O ACCOUNT AMOUNT $9,898.00 // DATE lQ_ %C) May 21 10 08:53a KANE WOLFE 14087773387 p.3 rram : JJK rums 1 RUCTION 3503433207 05/21/2010 07:39 11774 P. 001/004 J.J.R. CONSTRUCTION, INC "Bid Proposal 5/1 s/l U • Cane Wolfe TT " ' City of Cupertino '14 A Re: Stour Drain Repair N.W. Corner of Miller Avenue at Bollinger Road J.J.R. Construction is pleased to submit a Lump Sum priced bid proposal to complete the following work for the referenced job above. Scope: STORM DRAIN REPAIR KW. CORNIER OF MILLER AVE.. Al BOLLWGER Rp, The purpose of this project Is to dislodge on obstruction .ice the ou tlet referenced lacy. of the wbowe : • Contractor Is to provide all men and equipment necessary to execute the f ono wing; i • Fvr fish o approved 7CP for the cone riosore necessary to Mrearte the work ws shown • i In the she showing. (tnciadmpr lone dnserd slpr • Svw tut and excavate an was 214"' from the front skis trf the catch basin, (southward) in order to expose the exisliog latervi Moe. • • Remove piraryed OOCIkri a f Om nice snr1 Noire* rt . of obstruction h7 • Nephrite nosh Rasta Match exwtinpdaometer* j • prim so be set an bond bedding as per Standard iDetaii, erg brie that area undrnnemh pipe is free of o y rooks that tumid oomprptnise its integrity during compaction. Notice bog' is oh yp to the point wheat mp is to be power,. • • • 95%t rpacdon tobedonefinreach 2'ofsagp/aceneent • t. concrmrae car to be plowed over lop of �enchl. trap rpla►u iwR at tfaShed grade. • Aspbak to be placed to o depth consistent with surrounding pores 12" min.) • lob spoils may be taken to the Cupertino Corp. Yard on MoryAne. far disposed • • oil tool* to be done in a - timely manner in ocean lance with the • o perating durex uniform standard - • • A letter oftntrrrt to work shall befurnished bt the t o w h e r e t h e occupants o / the dwelling oOCerrt con5tnsctiorr Is to told fdbct, 72 ins. ,orlar 10 start wf nnork • No %uric is to be done prior to 7.3Conr w after &Wpm_ . AM work to be done on weekdays Only. N wee d work • rf war* goes beyond .1 cloy, a trench plate slurp be placed to raver ercarotiorr. • . Client#: 307587 JJRCONST ACORD. CERTIFICATE OF LIABILITY INSURANCE 6/01 /2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION (925) 609 - 6500 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HUB Intl Insurance Serv. Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 4047 - Concord, CA 94524 -4047 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Indemnity Co of CT 25682 JJR Construction, Inc. INSURER B: Insurance Company of the West 27847 1120 - 9th Avenue INSURER C: San Mateo, CA 94402 INSURER D: INSURER E: COVERAGES 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 HEREItI IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADM TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRC DATE (MM/DD/YYYY) DATE (MDD/YYYYI A GENERAL LIABILITY 4T22CO3629P063TCT1 01/01/2010 01/01/2011 EACH OCCURRENCE $1,000,000 AMAGE TO X COMMERCIAL GENERAL LIABILITY P REMISES (Ea RENTED $300,000 J CLAIMS MADE © OCCUR MED EXP (Any one person) $10,000 X PD Ded: 1,000 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 7 POLICY n JE 4 n LOC A AUTOMOBILE LIABILITY BA3629P06310CNS 01/01/2010 01/01/2011 COMBINED SINGLE LIMIT $1 00Q000 X ANY AUTO (Ea accident) r ALL OWNED AUTOS BODILY INJURY - SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS 1 UMBRELLA LIABILITY EACH OCCURRENCE $ 7 OCCUR n CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND WSD500009502 01/01/2010 01/01/2011 X I TORY I MITS I I EMPLOYERS' LIABILITY ANY /PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 andatory in NH) EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Storm Drain Repair N.W. Corner of Miller Avenue at Bollinger Road. The City of Cupertino, its directors, officers, engineers, employees, agents and All Public Agencies from Whom permits will be obtained and thier directors, officers, employees arid agents, as additional insured as respects to General Liability per attached CGD246 0805, as required by written contract. CERTIFICATE HOLDER CANCELLATION 10 Days for Non - Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cupertino DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL %A DAYS WRITTEN 10300 Torre Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Cupertino, CA 95014 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2009101) 1 of 2 #S731863/M421629 O 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and I ogo are registered marks of ACORD KM47 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the tern 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). DISCLAIMER The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) 2 of 2 #S731863/M421629 Policy Number: 4T22CO3629P063TCT10 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products- completed op- age Part, but: erations hazard" unless the "written contract requiring insurance" specifically requires you a) Only with respect to liability for "bodily injury", to provide such coverage for that additional "property damage" or "personal injury"; and insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance ", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written "written contract requiring insurance ", the in- contract requiring insurance" specifically requires surance provided to the additional insured that this insurance apply on a primary basis or a shall be limited to the limits of liability re- primary and non - contributory basis, this quired by that "written contract requiring in- insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section 111— Limits Of Insurance. for such loss, and we will not share with that "other insurance ". But the insurance provided to b) The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to "bodily injury ", "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance ", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- ance". i. The preparing, approving, or failing to prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, a) The additional insured must give us written approving, or failing to prepare or ap- notice as soon as practicable of an "occur - prove, drawings and specifications; and rence" or an offense which may result in a ii. Supervisory, inspection, architectural or claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of "other insurance" which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the "occurrence" or ance" available to the additional insured offense. which covers that person or organization as a named insured as described in paragraph 3. b) If a claim is made or "suit" is brought against above. the additional insured, the additional insured must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the — DEFINITIONS: claim or "suit" and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement under which you are required to include a The additional insured must see to it that we person or organization as an additional in- receive written notice of the claim or "suit" as sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit ", cooperate with us in the investigation or settlement of a. After the signing and execution of the the claim or defense against the "suit ", and contract or agreement by you; otherwise comply with all policy conditions. b. While that part of the contract or agreement is in effect; and d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05