Loading...
11-051 J.J.R. Construction, Inc., Garden Gate Sidewalk Installation, Project Number 2009-9549 DOCUMENT: 21384751 Pages: 3 RECORDING REQUESTED BY I Fees. . . . 4- No Fees Taxes. . City of Cupertino Copies. . AMT PAID WHEN RECORDED MAIL TO — REGINA ALCOMENDRAS RDE # 014 City Clerk's Office SANTA CLARA COUNTY RECORDER 10/26/2011 City of Cupertino Racorded at the request of 3:02 PM 10300 Torre Avenue City Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION GARDEN GATE SIDEWALK INSTALLATION CITY PROJECT NUMBER 2009-9549 Original 0 For Fast Endorsement VA 1/ City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 yT i9s (408) 777-3354 C O P E RT I N O PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AN D NOTICE OF ACCEPTANCE OF COMPLETION GARDEN GATE SIDEWALK INSTALLATION CITY PROJECT NUMBER 2009-9549 NOTICE IS HEREBY GIVEN THAT I. Timm Borden, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements in hereinafter described in the contract which was entered into, by, and between the City of Cupertino and J.J.R. Construction, Inc., May 20, 2011, in accordance with the plans and specifications for said work, have been completed to the City's satisfaction and acceptance of completion was ordered on September 6, 2011. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. ctor of Public Works and City Engineer of the City of Cupertino Date: October 21, 2011 "NO FEE" VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 21St day of October, 2011 at Cupertino, California. Kirsten Squarcia City Clerk's Office City of Cupertino Project No. 2009 -9549 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this Z of MPY , 2011, by and between J.J.R. Construction, Inc. whose place of business is located at 1120 Ninth Avenue, San Mateo, CA, 94402, (650) 343 -6109 ( "Contractor "), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ( "City") acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the 17 day of May, 2011 awarded to Contractor the following Project: PROJECT NUMBER 2009 -9549 GARDEN GATE SIDIEWALK INSTALLATION NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated David Stillman, Senior Civil Engineer , to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or mere specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence on the date indicated in the Notice to Proceed. The City anticipates issuing the Notice to Proceed on June 8, 2011. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences. All Work along Greenleaf Drive and Flora Vista Avenue shall be completed prior to August 18, 2011. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) within 99 Calendar Days from the date when the Contract Time commences to run as provided in Document 00700 (General Conditions). City of Cupertino 00520 - 1 Contract Garden Gate Sidewalk Installation Project No. 2009 -9549 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial Toss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Provisions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.2 $1,500 for each Calendar Day that Work is performed on Greenleaf Drive or Flora Vista Avenue on or after August 18, 2011. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general Toss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third - parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as -built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as -built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Provisions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as -built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract City of Cupertino 00520 - 2 Contract Garden Gate Sidewalk Installation Project No. 2009 -9549 Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as -built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed here in. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00430 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00002 Signature Page Document 00003 Project Directory Document 00012 Caltrans /City Cross - Reference Table Document 00100 Advertisement For Bids Document 00200 Instructions to Bidders Document 00210 Indemnity and Release Agreement Document 00400 Bid Form Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00431 Bidder's List of Subcontractors Document 00450 Statement of Qualifications Document 00481 Non - Collusion Affidavit Document 00482 Bidder Certifications Document 00500 Federal Requirements for Federal -Aid Construction Projects Document 00501 Required Contract Provisions — Federal -Aid Construction Projects Document 00502 Equal Employment Opportunity Certification Document 00504 Debarment and Suspension Certification Document 00505 Nonlobbying Certification for Federal -Aid Contracts Document 00506 Disclosure of Lobbying Activities Document 00507 Proposal Requirements and Conditions Document 00508 Award and Execution of Contract Document 00509 Beginning of Work, Time of Completion and Liquidated Damages Document 00510 Subcontractor and DBE Records Document 00511 Performance of Subcontractors Document 00512 Subcontracting Document 00513 Buy America Requirements Document 00514 Local Agency Bidder -DBE Information Document 00515 Local Agency Bidder UDBE Commitment Document 00516 UDBE information - Good Faith Efforts Document 00517 Utilization of DBE, First Tier Subcontractors City of Cupertino 00520 - 3 Contract Garden Gate Sidewalk Installation Project No. 2009 -9549 Document 00518 Disadvantaged Business Enterprise Certification Status Change Document 00519 Federal Wage Rates Document 00520 Contract Document 00530 Insurance Forms Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Traffic Control Requirements Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specifications Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6.1. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Provisions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http:// www. dir.ca.gov/DLSR/PWD/Northern.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. City of Cupertino 00520 - 4 Contract Garden Gate Sidewalk Installation Project No. 2009 -9549 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. City of Cupertino 00520 - 5 Contract Garden Gate Sidewalk Installation Project No. 2009 -9549 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first . • • - written. GARDEN GATE SIDEWALK INSTALLATION CITY: CONTRACTOR: U Y / 7 CITY OF CUPERTINO, a Municipal Corporation of the J.J.R. Construction, Inc. State of California By: .! -Z'. [Signature] Attest: [ Please print name here] City Clerk: Kimbe v ; ce Pre-, d ern Approved as to form by City Attorney: Title: P` 3v (A[)+ i 2 r / [If Corporation: Chairman , President, or Vi - President] iC , , City Attorney: Carol Korade By: 4 —eY1t---- >l 1 [Signature] CO r IOS 2c pO� c� I hereby certify, under penalty of perjury, that Timm Borden, [Please print name here] Director of Public Works of the City of Cupertino was duly authorized to execute this document. Title: 05 �r 5t U�1 Z 100,6 / [v ectS+ [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] Dated: S' LS' 1 ( (4)L (01-4 5 State Contractor's License No. Classification )/ 3t / 1 3 - -- Borden, Director of Public Works of the City of Expiration Date Cupertino, a Municipal Corporation of the State of California Designated Representative: Taxpayer ID No. (2 1H - Name: David Stillman, P.E. Name: Cc .c. Title: Senior Civil Engineer Title: V �� C� e 1x11 l Address: 10300 Torre Ave., Cupertino, CA 95014 Address: I ¢ ri �. i J1� 1� nU �' ; ��C1�'I Q-VC , x.1-1 ( i 0 `l ) Phone: 408 - 777 -3249 Phone: Li r)0 10 Facsimile: 408 - 777 -3333 big/ [ Facsimile: CO ' 1(2) - ;2-0 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A AMOUNT: $259,000 , CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE ACCOUNT NUMBER:420 -9549 REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY FILE NO.: 74,009.17 NO. IS REQUIRED END OF DOCUMENT City of Cupertino 00520 - 6 Contract Garden Gate Sidewalk Installation J O ENTERED ACKNOWLEDGMENT State of California County of SAN MATEO ) On MAY 20, 2011 before me, _ THAHER A. SHEHADEH, NOTARY PUBLIC (insert name and title of the officer) personally appeared CARLOS RAPOSO who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. Mk,„ NO a t i r i A HCA 6"6 WITNESS my hand and official seal. ta i tpl COMMISSION. 1933201 @ SAN MATEO COUNTY �" My Comm. Exp. May 17. 2015 Signature (Seal) Client#: 307587 JJRCONST ACORDTM CERTIFICATE OF LIABILITY INSURANCE 5/18/2011 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION C. D. Behrens 925 - 609 -6500 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HUB Int'1 Insurance Serv. Inc. _ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 4047 Concord, CA 94524 -4047 INSURERS AFFORDING COVERAGE NAIC # INSURED I' SURER A: Travelers Indemnity Co of 25682 JJR Construction, Inc. INSURER B: Travelers Property Casualty Co 25674 1120 - 9th Avenue INSURER C: San Mateo, CA 94402 INSURER D: INSURER E: AIGLAWU 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 HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYYYY) DATE (MMIDD/YYYY) A GENERAL LIABILITY 4T22CO3629P063TCT1 01101/2011 01/01/2012 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $300 000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence/ CLAIMS MADE X OCCUR MED EXP (Any one person) $10,000 X PD Ded:1,000 PERSONAL & 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 JECT P1 LOC A AUTOMOBILE LIABILITY BA3629P06311CNS 01;01/2011 01/01/2012 COMBINED SINGLE LIMIT $ 1000000 (Ea accident) X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS 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 $ B EXCESS / UMBRELLA LIABILITY 4TSMCUP3629P063TIL 0110112011 01/01/2012 EACH OCCURRENCE $5,000,000 X 1 OCCUR n CLAIMS MADE AGGREGATE $5,000,000 $ DEDUCTIBLE $ X RETENTION $ 10000 $ n R B WORKERS COMPENSATION AND 4TJUB3629P06311 01/01/2011 01/01/2012 X I TY MITS I T R _ EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR /PARTNER /EXECUTIVE (Mandatory 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 1 LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: JJR Job #11 -14, Project #2009 -9549, Garden Gate Sidewalk Installation. City of Cupertino and all public agencis from whom permits will be obtained and thier directors, officers, engineers, agents and employees, the State of Clifornia and its officers, agents and employees, as additional insured and Primary Wording applies per attached CGD246 0805 & additional insured as respects to (See Attached Descriptions) 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 arl DAYS WRITTEN 10300 Torre Ave. 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 Th ACORD 25 (2009101) 1 of 3 #S1178157/M1017024 © 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SK42 IMPORTANT If the certificate holder is an ADDITIONAL INSURE[), 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 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). 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 (2009101) 2 of 3 #S1178157/M1017024 DESCRIPTIONS (Continued from Page 1) Auto Liability per attached CAT420 0706 and Primary Wording applies per attached CA0001 0306. Waiver of Subrogation to Workers Compensation in favor of City of Cupertino, per attached WC990376/00, all as required by written contract. AMS 25.3 (2009/01) 3 of 3 #S1178157/M1017024 POLICY NUMBER: 4T22CO3629P063TCT11 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 11) is amended sured does not apply to "bodily injury" or to include any person or organization that you "property damage" caused by your work" agree in a "written contract requiring insurance" and included in the "products- completed op- to include as an additional insured on this Cover- erations hazard" unless the "written contract age Part, but: requiring insurance" specifically requires you to provide such coverage for that additional a) Only with respect to liability for "bodily injury", insured, and then the insurance provided to "property damage" or "personal injury"; and the additional insured applies only to such b) If, and only to the extent that, the injury or "bodily injury" or "property damage" that oc damage is caused by acts or omissions of curs before the end of the period of time for you or your subcontractor in the performance which the "written contract requiring insur of "your work" to which the "written contract ance" requires you to provide such coverage requiring insurance" applies. The person or or the end of the policy period, whichever is organization does not qualify as an additional earlier. insured with respect to the independent acts or omissions of such person or organization. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and 2. The insurance provided to the additional insured collectible "other insurance ", whether primary, by this endorsement is limited as follows: excess, contingent or on any other basis, that is a) In the event that the Limits of Insurance of available to the additional insured for a loss we this Coverage Part shown in the Declarations cover under this endorsement. However, if the "written exceed the limits of liability required by the contract requiring insurance" specifically requires that this insurance apply on a primary basis or a "written contract requiring insurance ", the in- primary and non - contributory basis, this surance provided to the additional insured shall be limited to the limits of liability re- insurance is primary to "other insurance" quired by that "written contract requiring in- available to the additional insured which covers surance ". This endorsement shall not in- that person or organization as a named insured crease the limits of insurance described in for such loss, and we will not share with that Section III — Limits Of Insurance. "other insurance ". But the insurance provided to the additional insured by this endorsement still is b) The insurance provided to the additional in- excess over any valid and collectible "other in- sured does not apply to "bodily injury ", "prop- surance ", whether primary, excess, contingent or erty damage" or "personal injury" arising out on any other basis, that is available to the addi- of the rendering of, or failure to render, any tional insured when that person or organization is professional architectural, engineering or sur an additional insured under such "other insur veying services, including: ance ". i. The preparing, approving, or failing to 4. As a condition of coverage provided to the prepare or approve, maps, shop draw- additional insured by this endorsement: ings, opinions, reports, surveys, field or- a) The additional insured must give us written ders or change orders, or the preparing, notice as soon as practicable of an "occur - approving, or failing to prepare or ap- rence" or an offense which may result in a prove, drawings and specifications; and claim. To the extent possible, such notice ii. Supervisory, inspection, architectural or should include: engineering activities. c) The insurance provided to the additional in- 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 Excerpt from: CAT420 0706 BUSINESS AUTO COVERAGE EXTENSION FORM BUSINESS AUTO COVERAGE FORM Policy Number: BA3629P06311CNS Insurer: JJR Construction, Inc. F. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. G. BLANKET ADDITIONAL INSURED SECTION II — LIABILITY COVERAGE, part A. 1. Who Is An Insured, paragraph c. is amended by adding the following: Any person or organization that you are required to include as an additional insured on this Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11. Page 1 of 1 Excerpts from: Form CA0001 0306 BUSINESS AUTO COVERAGE FORM Policy Number: BA3629P06311CNS Insurer: 33R Construction, Inc. 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". c. Regardless of the provision of Paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability assumed under an "insured contract ". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. Page 1 of 1 • TRAVELERS J WORKERS COM PE-14 SATI ON AN D EMPLOYERS LiABILiTY POLICY E.NDORSEINENT W 9 3 .75 (or4 — Do 7 NUMBER: 4TJUB3629P06311 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We nave the right, to reC0Vett our payments from anyone liable for ar intur./ covered by this policv. \e's will not enforce our right agtanst the person or organization narnej in the Scneduie. You must maintain payroll records accurately segregating WE? rernurieraton of your empioyees wethe engaged ir tyre rk described in the Schedule, The additiona premium for this endorsement shall be 5 „ ct" the California workers compensation pre- mium otherwise due on suet Ternuneration. Schedule Person Or Organization Jth Description ANY PERSON OR ORGANI 7.4TI ON FOP WHICH THE NAmED INSURED HAS AGREED BY WRITTEN CONTRACT IXECEJTED FRIOR TO US S TO FURNISH THIS WAIVER. DATE OF SS' LIE: 12-28-10 ST ASSIGN: Project No. 2009 -9549 DOCUMENT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability /commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. City of Cupertino Garden Gate Sidewalk Installation Insurance Forms 00530 - 1 \ f �' \/ Project No. 2009 -9549 / . y INSURANCE AGREEMENT CUPERTINO A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self - insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub - contract work, contractual obligations, product or completed operations, all owned vehicles and non -owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. City of Cupertino Garden Gate Sidewalk Installation Insurance Forms 00530 - 2 Project No. 2009 -9549 LIMITS Worker's Compensation In accordance with the Worker's Compensation & Employers' Liability Act of the State of California — Worker's comp "statutory" per CA Law; Employers' Liability $1,000,000 per occurrence. General Liability - commercial general liability; Combined single limit of $2.0 million per including provisions for contractual liability, occurrence; $4.0 million in the aggregate personal injury, independent contractors and products — completed operations hazard. Automobile Liability - comprehensive covering Combined single limit of $1.0 million per owned, non -owned and hired automobiles. occurrence. J Jl` Con `A - ruc -h Uri ��� By:�l�;�,O�� /X (Contractor's Name) Dated: S d 20 // City of Cupertino Garden Gate Sidewalk Installation Insurance Forms 00530 - 3 \\ Project No. 2009 -9549 SS T. I P CUPE CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Insured: JJR Construction, Inc. Address: 1120 - 9th Avenue San Mateo, CA 94402 Description of operations /locations /products insured (show contract name and /or number, if any): Garden Gate Sidewalk Installation; Project No. 2009 -9549 WORKER'S COMPENSATION * Statutory Min. Travelers Property Casualty Co. of ' Employer's America Liability (name of insurer) $ 1,000,000 $ 1,000,000 $ 1,000,000 Insurance Company's State License No. Check Policy Type: Each Occurrence $ COMPREHENSIVE GENERAL LIABILITY [ ] Premises /Operations General Aggregate $ (if applicable) [ ] 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 $ Travelers Indemnity Co. of CT $1,000,000/$2,000,000 (name of insurer) Policy No. 4T22CO3629P063TCT1 Expiration Date 01/01/2012 City of Cupertino Garden Gate Sidewalk Installation Insurance Forms 00530 - 4 Project No. 2009 -9549 AUTOMOTIVE /VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident Liability Coverage $_ $ Travelers Indemnity Co. of CT Each Accident (name of insurer) $ or Combined Single Limit $ 1,000,000 Policy No. BA3629P06311CNS Expiration Date 01/01/2012 BUILDER'S RISK "ALL RISK" This is to certify that the following policy has been issued by the below - stated company in conformance with the requirements of the project documents and is in force at this time. N/A (Name of insurer) Policy No. Expiration Date Limits of Liability: Deductible: A copy of all Endorsements 1:o the policy(ies) which in any way (ag is initial) limit the above - listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreement between the City and the insured. By: Chris Behrens Dated: May 18, 0 11 Attach Certificate of Insurance and Additional Insured Endorsement on company forms. City of Cupertino Garden Gate Sidewalk Installation Insurance f=orms 00530 - 5 Project No. 2009 -9549 ADDITIONAL INSURED ENDORSEMENT and ENDORSEMENT OF PRIMARY INSURANCE CUPERTINO and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: Garden Gate Sidewalk Installation; Project No. 2009 -9549 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino . ( "City "). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Company: Travelers Indemnity Co. of CT 2. Insurance Policy Number: 4T22CO3629P063TCT1 & BA3629P06311CNS 3. Effective Date of this Endorsement: May 18, '0 11 4. Insured: JJR Construction, Inc. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. 1 Chris Behrens (print/type name) City of Cupertino Garden Gate Sidewalk Installation Insurance Forms 00530 - 6 Project No. 2009-9549 warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. O Signature of Authorized Representative: � (Original signature required on all Endor menls f shed to the District) Names of Agent /Agency: Hub International Insurance Services Inc. Title: Senior Vice President Address: 2300 Clayton Road, Suite #300 Telephone: 9254094500 Concord, CA 94520 Facsimile: 925 - 609 -6550 City of Cupertino Garden Gate Sidewalk Installation Insurance Forms 00530 - 7 �� f Project No. 2009 -9549 LW COMPREHENSIVE GENERAL LIABILITY ‘, ,r COMMERCIAL GENERAL LIABILITY C O P E RT! N O ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROJECT Project Title and Number: Garden Gate Sidewalk Installation; Project No. 2009 -9549 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Erdorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below- referenced policy of insurance. The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as Garden Gate Sidewalk Installation; Project No. 2009 -9549 POLICY INFORMATION 1. Insurance Company: Travelers Indemnity Co. of CT 2. Insurance Policy Number; 4T22CO3629P063TCT1 3. Effective Date of this Endorsement: May 18, 2011 4. Insured: JJR Construction, Inc. 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. 1 Chris Behrens (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. �Q Signature of Authorized Representative: I (Original signature required on all Endorsem i rni to the District) Names of Agent /Agency: Hub International Insurance Se ices Inc. Title: Senior Vice President Address: 2300 Clayton Road, Suite #300 _ Telephone: 925- 609 -6500 Concord, CA 94520 Facsimile: 925 - 609 -6550 City of Cupertino Garden Gate Sidewalk Installation Insurance Forms 00530 - 8 \e%,// f. / Project No. 2009 -9549 /9 ss WAIVER OF SUBROGATION ENDORSEMENT CUPERTINO WORKER'S COMPENSATION INSURANCE Project Title and Number: Garden Gate Sidewalk Installation; Project No. 2009 -9549 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of tile insured, arising out of the performance of the above - referenced Contract. POLICY INFORMATION 1. Insurance Company: Travelers Property Casualty Co. 2. Insurance Policy Number: 4TJUB3629P06311 3. Effective Date of this Endorsement: May 18, 7011 4. Insured: JJR Construction, Inc. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Chris Behrens (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 Endor ents fur ' led to the District) Names of Agent/Agency: Hub International Insurance Services Inc. Title: Senior Vice President Address: 2300 Clayton Road, Suite #300 _ Telephone: 925 - 609 -6500 Concord, CA 94520 Facsimile: 925 - 609 -6550 City of Cupertino Garden Gate Sidewalk Installation Insurance Forms 00530 - 9 EXECUTED IN TRIPLICATE Bond No.: 3056848 Premium: $4,144.00 Project No. 2009 -9549 DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND TI-IIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated May 18, 2011 , is in the penal sum of Two hundred fifty nine thousand and NO /100 ($259.000.001 [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12. attached to this page. Any singular reference to JJR Construction, Inc. ( "Contractor"). Great American Insurance Company ( "Surety"), the City of Cupertino, a Municipal Corporation of the State of California ( "City ") or other party shall be considered plural where applicable. CONTRACTOR: SURETY: JJR Construction, Inc. Great American Insurance Company Name Name 1120 Ninth Avenue 301 E. Fourth Street Address Principal Place of Business San Mateo, CA 94402 Cincinnati, OH 45202 - 4201 City/State /Zip City /State /Zip CONSTRUCTION CONTRACT: GARDEN GATE SIDEWALK INSTALLATION AND TRAFFIC SIGNAL MODIFICATION PROJECT NUMBER 2009 -9549 at Cupertino, California. DATED May 18 , 2011 in the Amount of $ 259,000.00 (the "Penal Sum ") CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Co... ) Signature: Signature: Name and Title: Carlos Raposo Name and Title: Mark C. Joh Or Vice President Attorney - in - Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves. their heirs, executors, administrators. successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract. Surety and Contractor shall have no obligation under this Bond. 3. If there is no City Default. Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract: and 3.2 City has agreed to pay the Balance of the Contract Sum: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or City of Cupertino Construction Performance Bond Garden Gate Sidewalk Installation and Traffic Signal Modification 00610 - 1 Project No. 2009 -9549 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract 4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4, below); or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City's consent; or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety's ohl igations defined in paragraph 6, below, exceed the Balance of the Contract Sum, then Surety shall pay to City the amount of such excess; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. If City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6, below. 5. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors. 6. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall include, but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work: 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non - performance of the Construction Contract including, but not limited to, all valid and proper backcharges, offsets, payments, indemnities, or other damages; 6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's fees incurred to enforce this Bond). City of Cupertino Construction Performance Bond Garden Gate Sidewalk Installation and Traffic Signal Modi ication 00610 - 2 Project No. 2009 -9549 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to he Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bind shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. 12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases /decreases for approved modifications to the Construction Contract. 12.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the tel of the Construction Contract including, but not limited to, `'default" or any other condition allowing a termination for cause as provided in Document 00700 (General Conditions). 12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Constriction Contract. END OF DOCUMENT City of Cupertino Construction Performance Bond Garden Gate Sidewalk Installation and Traffic Signal Modification 00610 - 3 • EXECUTED IN TRIPLICATE Bond No.: 3056848 Premium: Included in Performance Bond Project No. 2009 -9549 DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND TI-IIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ( "Bond") is dated May 18, 2011 , is in the penal sum Two hundred fifty nine thousand and NO /100 ($259,000.00) {one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to JJR Construction, Inc. ( "Conlrictor "), Great American Insurance Company ( "Surely"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: SURETY: JJR Construction, Inc. Great American Insurance Company Name Name 1120 Ninth Avenue 301 E. Fourth Street Address Principal Place of Business San Mateo, CA 94402 Cincinnati. OH 45202 -4201 City /Slate /Zip City /State /Zip CONSTRUCTION CONTRACT: GARDEN GATE SIDEWALK INSTALLATION PROJECT NUM13ER 2009 -9549 at Cupertino, California. DATED May 18 , 20 in the Amount of S 259,000.00 (the "Penal Sum ") CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Co :. Se Signature: (I.C�Ie- - -)e � c " --- Signature: (7 Name and Title: Carlos Raposo Name and Title: Mark C. Johns AY Vice President Attorney -in -Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract. which is incorporated herein by reference. 2. With respect to City. this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly. for all sums due Claimants; and 2 2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact. provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims. demands, liens or suits to Contractor and Surety, and provided there is no City Default. City of Cupertino Construction Labor and Material Payment Bond Garden Gate Sidewalk Installation 00620 - 1 Project No. 2009 -9549 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor, then Surety shall pay for the same, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the court. 4. Consistent with the California Mechanic's Lien L aw, Civil Code §3082, et seq., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond. 7. City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be performed thereunder, or materials or equipment to be furnished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes. 9. Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code §3249, must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. This Bond has been furnished to comply with the California Mechanic's Lien Law including, but not limited to, Civil Code § §3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions confcrming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall perm t a copy to be made. 13. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the City of Cupertino Construction Labor and Material Payment Bond Garden Gate Sidewalk Installation 00620 - 2 Project No. 2009 -9549 general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. 14. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code §3248(b). 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. END OF DOCUMENT City of Cupertino Construction Labor and Material Payment Bond Garden Gate Sidewalk Installation 00620 - 3 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF California } ss.: COUNTY OF Contra Costa } ss.: On May 18, 2011 , before me Cathy A. Shapard, Notary Public DATE Here Insert Name and Title of the Officer personally appeared Mark C. Johnson NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person( whose name( is /ape subscribed to the within instrument and acknowledged to me that he /she/they- executed the same in his /her -lei€ authorized capacity(i '), and that by his /heF/theilr- signature( on the instrument" the CATHY A. SHAPARD person, or the entity upon behalf of which the person(t) ��� Commission # 1780260 acted, executed the instrument. Notary Public - California 4.`^' -,F Contra Costa County '- • nrtycomm.F�iresDecta 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. , ,, Place Notary Seal Above / (Signature of Notary) OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Performance and Payment Bonds Executed in Triplicate Document Date: May 18, 2011 Number of Pages: 6 Signer(s) Other Than Named Above: JJR Construction, Inc. Capacity(ies) Claimed by Signer(s) Signer's Name: Mark C. Johnson Signer's Name: N/A ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s) I] Corporate Officer — Title(s) ❑ Partner — ❑ Limited El General ❑ Partner — El Limited ❑ General ❑ Attorney -In -Fact ❑ Attorney -In -Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator 11 Guardian or Conservator RIGHT THUMBPRINT RIGHT THUMBPRINT 1:1 Other: ❑ Other: OF SIGNER OF SIGNER Top of thumb here Top of thumb here Signer is Representing: Great Signer is Representing: American Insruance Company ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 9133 -2402 • www.NationalNotarv.orq Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513- 369 -5000 • FAX 513- 723 -2740 The number of persons authorized by this power of attorney is not more than THREE No. 014670 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JOHN F. ARENTS ALL OF ALL C.D. BEHRENS C ONCORD, $75,000,000.00 MARK C. JOHNSON CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereurto affixed this 24`" day of, NOVEMBER, 201C. Attest GREAT AMERICAN INSURANCE COMPANY I �,iN�tnl 1n rr ni,T /In l'rr�id, STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN 013-412-4602) On this 24 day of NOVEMBER, 2010, before me personally appeared DAVID C. KITCHIN, to me known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he :signed his name thereto by like authority. ' "" KAREN L. GROSHEIM NOTARY PUBLIC, STATE OF OHIO MY COMMISSION EXPIRES 02 -20 -11 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other lvritten obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so 'sed being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 18th day of May , 2011 . S1029Y (10/08)