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06-108, JJR Construction, Inc 0~-l0 ~ p 'E. CONTRACT FOR PUBLIC WORKS ~ ` 3 ~ ~ o O~S3~~ This CONTRACT made on October 17, 2006 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and JJR Construction, Inc. hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of this contract and the following contract documents incorporated herein by reference: 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, Special Provisions and Technical Provisions. c. Specifications for Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2006-03 d. Faithful Performance Bond. e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. All of the above documents are incorporated into this contract by reference so that any work called for in one and not mentioned in another, is to be executed 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 cleaning storm catch basins, 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 Specifications are entitled, respectively, Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2006-03 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 Specifications 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. Ralph A. Qualls, Jr. l 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 $412,125.00 (Four Hundred and Twelve Thousand, One Hundred and Twenty-Five Dollars and No Cents) subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT 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 Contract, 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 of 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 easements 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. CONTRACTOR 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 or consent thereto by CITY. Should any such work be covered up without such notice, approval, 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 alterations, 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 accordance with the agreement of the parties. No extra work shall be performed or change be made 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 ENVIRONMENTAL 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 environmental 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 of the parties. 9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation 2 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 in 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 INSOLVENCY. 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 be 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 and 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 surety 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 amounts 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 CONTRACTOR such an amount or amounts as 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. 3 City may apply such withheld amount or amounts 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. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and 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 1120 9TH- AVENUE, SAN MATED, CA 94402, 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 CONTRACTOR'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 INSURANCE 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 site of the project. In case any work is sublet, CONTRACTOR shall require any and all subcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the Tatter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. 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 4 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 restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the 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 about the same during its construction and before acceptance. 20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized 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 the time period specified in the technical provision from the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. 5 P.O. No~~~~~ 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 currently under construction or to be constructed in the future. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO: CONTRACTOR: BY~ r S .a ~ SJ•R . f.~r~rrucT~on ~ Lnc- David W. Knapp +~9,o I.I;nTh bJt dlit . S.M. A44aL City Manager By: (~,,w, ~~,,~,Q ~ „ ~ , P Attest: 2~'n ~ ~1L. Notary acknowledgment is required. If a City Clerk corporation, corporate seal and corporate notary acknowledgment and Federal Tax LD. are required. If not a corporation a Date: ; ~ ~t-~-~t G~~ , 20 ° 7 Social Security No. is Social Security # Federal Tax I.D. # APPROVED AS TO FORM: Contractor's License No. (olo5(c4J~ City Attorney Project Name & Number: Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2006-03 Contractor's Name & Address: JJR Construction, Inc. 1120 9th Avenue San Mateo, CA 94402 Contract Amount: $ 412,125.00 Account Number: 270-9451-9300 - $377,125.00 270-9450-9300 - $35,000.00 ~ ~ 6 ~ 7 File No: 50,343 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S ~`ti' ~Zlv~~''~' ss. On hl,;v22,°~~ 2CG,~ before me, L LIG:!'1~~' A• S~IC'..~t~.G~~G, , Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared ~ l~LV~dJ ,~Gi.~G1a~ t~7 Name(s) of Signer(s) ? personally known to me roved 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 d _ THa~;ER a. sl(EF(,~oE~ authorized ca aci (es cornrti~. #1412311 p ty(' and that by his/her/their ~ NOTARY PUtitIC CAI IrCRNW si natures on the instrument the erson s or the SANfdAiEOCOLf`fllf g ` ) p ( My Cnmm. Fxt--~..~r~~es..Mgga..y 1 /,~4P+2007 6 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. - C._--_s . Place Notary Seal Above _ ~ s Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: mil' Capacity(ies) Claimed by Signer(s) Signer's Name: "~j Signer's Name: ? Individual ? Individual ? Corporate Officer -Title(s): ? Corporate Officer -Title(s): ? Partner - ? Limited ? General ? Partner - ? Limited ? General ? Attorne in Fact ~ • y Top of thumb here ? Attorney in Fact Top of thumb here ? Trustee ~ ? Trustee ? Guardian ar Conservator ? Guardian or Conservator ? Other: ? Other: Signer Is Representing: Signer Is Representing: ©2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 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. Insurance Instructions ~~Y J CITY OP CUPEf1,T1N0 INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. 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. Insurance Agreement Page 1 of 2 General Liability -commercial general liability; Combined single limit of $1.0 million per including provisions for contractual liability, occurrence; $2.0 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. Consultants only: Errors and Omissions liability. $1.0 million per occurrence. ;;©NSTItUCTION, INC. CLASS A LICENSE #665645 ii;r~ ~l'hl AVE.. SAN MATEO, CA ~ "~~2 343-6108 fAX (650) 343-~::~7 ~ By: G? (Contractor's Name) Dated: plO 20~ Insurance Agreement Page 2 of 2 I1UU I NTtRhIA I IONAL f• ax: y15 6Uy-b55U Uec l LUUb 1 5: Lb f'. U[ o.?y <:;''?k :<,<s»i'c,:.'i:.k ::hkYair`:`?^ "f~ a¢:4bori`',f':9%e :kx• <':ele>~i.~' e`: °.~tir•<"~~'."f.?;/ s'b.~ DATE !MM/DDIYY! b' <ti:%;Y3i e:?.•'~.•.'.y<:ib%: •<?~y S:"<.%:o:k`• •~,s, •,<.`~~i"~, :y xa.?,:.s~. _:<.s¢sb:u.• :.1,~~6:> • _ ~..S:s~:,>.;!1:Sp:S•: y:,..l:;:.i > s:: 3:: •~o ~ ~ "Ae>.s L«e.;•bx. . m ..:'a•F` •L.a:r.: b ' ~ s : • b&i':. '<1~ • '.,<.~.:)d''~~;~;.,e~:>f~~'»;.f:f!•~r.3~>:nx...<.>:12 13 ~ 2 0 0 6 `w' KA ~<;k <I 'y ~ .;v. s.k. <y%. ,3; , f:~.k;ir!i ~ x,.~.:>:4p::4:P minis.>x.>:p1:i<bryy:b: eFb~,:. ~ V ¦ , <~..~'<~~'~ > ~ °~k. ' .dz~Y ~k•a.o:G .Si<k..e.xw`.:wf. >e.k,L:.f.a ~b:., r ;y; p; .:'viX•:%<.n:v.4:J:i•::4:>%R<A.~eR S:Lr;Ji>iib\v.~.. ~ 4... S:>:1$:...n~.:.1: •'•%l:'.i#l•Zt>.~4~>~:••-'??c x~:~~>•~s^'~ ~ THIS C1nRTIFICA'TE 1S ISSUED AS A MATTER OF If1lFORMATION « RDDUCER C7axis Behrens QNLY AIUA CONFERS NO RIGHTS UPON THE CER7lFlCATE iub I~.ternational of California In HpLDER. THIS CERTIFICATE DOES NOT AMENt7, fXTEND OR 600 Taylbx' Blvd x`300 ALTER THE COVERAGE AFFORDED l3Y TFiP POLICIES BELOW- ~leasant Hill., CA 94523 COMPANfES AFFORDil11G COVERAGE COMPANY Peerless Insurance Company A X25-609-6500 fax925-609-6550 COMPANY Golden Eagle Insurance Group NSURED .7ti7R COAetYtlCtion, InC . B 7,120 - 9th Avenue COMPANY S~a~e Compensation Insurance Fund San Mateo CA 94402 C O)` CA COMPANY D _ <,«:iC p.fo'......»: =~;i:>&5"r9;;v5:;~..: ;~~,.H~,b<.'kw'°:,' ~ ird:ix':::3<7;:`a':Siyu~~:K':ox~Y'i~a[~'.':`:>"vx' ~<<o:<ns:°`~.>.. a;~,.~ .re9 . D'•: e%::7e347°." :?0Yi<T+.ti.s «4:f:b:4:i'::~sa,QS~ti?` ~~~xf,9b Fba~`P~'ib<b.k s:,t; .pk.rS..g1 i~.",R~e`: b Rl~eP?~ zfS~Q°'M.laAb°..A?++e%>:~°~<«rEf,et ..~,a4 :~'4b:6i>S<Sf'f''ai .flefi:< :^'S4 xh:`i'%S. ~:e .>:L C9 f A kf~ ob >i'e>.MJ>A .w~ r.~Q r ~4>}o.'oPe:.. w:~:a~;es,......3~.:•~ ~y{~~ '^^.w.r~..A ~y<~i! k >~~<!~`boN>dn..~'H A~~S ~ <f~ Z,q~y/ o'+:~:i:E~. ~tt'?~;d .ri>: •'{ao. .44..i~if. 01.0.•.~w'•. ~7t':Oc:r: ...~.'~:»x<4~:I.;SU: .4s::.•`.`<i;ti'•x:>:w....:.,r:b:1:.b.>'.°'n..'!•'>.;ai: °i~T.:F. ~7,°<Sa'!`<!..•%YS...:. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELO~N HAVE BEEN ISSUED TO THE INSURED NAMED ABOVI: FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CONDII'lON OF ANY CONTRACT OR OTHER DOCUidIENT WITH RESPECT TO WHICH THIS EXCLUSIONS AND CONDfT ONS OF SUCHpPOL CIES.r1nIM1T5 SHOWN MAYOHAVE BEEN REDUOCEDIBY PA D CLAIMS ERECN IS SUBJECT TO A1.L THE TERMS, POLICY EFFECTIVE POLICY EJ(PIRATION IJMITS CO TYp£ OF INSURANCE POLICY NUMBER PATE (MMlDD/YYl DATE iMM/DD/YY) LTR GEN'EELgL t3ASIUTY CB P S 2110 8 6 J. 2~ O H~ 2 0 O 6 2/ O S~ 2 0 O 7 GENERAL AGGREGATE 3 2, O O O, 0 0 0 PRODUCTS-COMPiOPAGG 8 2rO04rOa}0 X COMMERCIAL GENERAL LIA131LITY PERSONAL & ADV INJURY S 1 OOO r CLAIMS MADE ~ OCCUR EACH DCCUF?RENCE 8~, O O l) 0 0 0, OWNER'S & CONTRACFOR'S PAOT one 41re) S S f? O O O O FIRE DAMAGE (AOy MED EXP (AnY one personl e l O r 0 0 0 B pUTOMOStLE UgerLITY EA8210 6 6 6 2~ O 6~ 2 0 d 6 2~ O 8~ 2 O 0 7 COMBINED S1NGL.E LIMIT S 1, O O O, O O O X ANY aUTO ALL O~rNEO AUTOS 6ODILY INJURY 6 ' (Per pvreON SCHEDULED AUTOS X HiRfa AU70S BODILY INJURY S [Per bl:cldrrrtt X NON-0WNED AUTOS PROPERTY DAMAGE S AUYO ONLY - EA ACCIDENT S ~ARA6E IIABILRY ~«A`: ii~?:<Jy~:`<`: OTHER THAN AUTO ONLV_ n~i>;: <a<.i> ANY AUTO EACH ACCEDFNT 4 AGGREGATE 9 EACH OGCURAENGE 8 F7CCE39 LIABILITY AGGREGATE _ UMBRELLA FORM S OTHER THAN UMBRELLA FORM X WC. STATU- OTH- ;;is`;k ~~i.~2:,%li;;; C ~ WDRHERS COMpEN6ATIDN AND Workers' Comp R LIMIT 8R "r,;;., MaN^~~~="°~'~'"" EMPLOY=RS'LIABILI'a•Y Certificate issued by BCBACHACC~dENT 8 THE PftOPRIETORf INCL State P'u,Ild EL DISEASE- PDUCY LIMIT 5 PARTNERS/EXECUTIVE EL DISEASE- EA EMPLOYEE 8 OFFICERS ARE: EXCL (Attach.E'd) oTFII=R i DESCRIPTION OF OPSitATION5ILOGATIONSNEHICLES/SPECIAL ITEMS 12E: Y1tOJECT 2006-03, RECON3TItUCTION OP CURH3, GUTTERS ,AND SIIIEW,A,I.:KS. CERTIFICATE HOLDER AND ITS DIRECTORS, OFpxCERS, AOEIv~TS AN17'EMPLOYEES AS AN ADDITIONAL xNSURED PER ATTACHED FORMS CG2D10/0706 & CQ2037/0704_ PER PROJECT AGGREGATE PER ATTACHED F01zM CG2503/0397 & AUTO ADDZTZON.AL ZNSSTRSA PER ATTACHED FORM C3ECA701/0904. 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CTTX OF CU12EFtT7~IO SHOULD ANY OF THE A86VE bESCRIBED POLICIES BE CANCEtrrn BEFORE THR CITY HA1aL KJ(PlRAT10N bATE THEREOF, THE ISSUING, COMPANY WILL ENDEAVOR 70 MAIL 10300 TORRE 1LV3'L3LFE 3O GAYS WRITTEN NOTICE TO THE CERTIFlCATE HOLDER NAMm TO Tx~ i?`fFT. 3'~cfa notice fOr non-paytltexit CUPERTTNO, CA 95014-3255 sUT FAILURE TO MAIL 6UCH NOTICE 6HALL IMPOSE NO OBLIGATION OR LIABILfTY OF ANY KIND UPON THE COMPANY. RS AGbNTS OR REPReSETiTATNEB. AUTHORIZED REPrtESENTATR/E ~ %~1 . 1/11255 .,f.. ..,4:.. :t~;~:'<n)z' A,:~n;::fir~:f: «.:,4,ai~~::~a:"•,,,;::P~ax:kx.^,•:J":i n';'4~sa~.s:~s>x':~xvo«x~i:f.~:;ra<'~~':.e:?r".i,~w•ka<';~ ~°w<y~ :q"'ti ~f y?, rr(~yJ'~~}}fy' :<s`.is' ~.~5.4'14i.<;•.:•S'y'o~o:=:,:<a~ w <.A4o1.P11 :0:lO<. . 4 :°.:k ~ .b.;??.:;3u. `.,:M x»x ~ fir„ s `$?S a r1 a a~.~Seex2$:2`..,3 ~0.4~ . liN:Fr7.e-rl,i:c xb~.' "if;: :<.1: ),;.:4i:a%1:i.>:o`M:,. x:jl:r: it. i;:A.N..:..lwY:}?~ ~ 4M~<1M~6A~N`~.~ >.4.G. Cads~2834131 57JFA HUB INTERNATIONAL Fax:925-609-6550 Dec 13 2006 15:26 P. 03 :Itcy Number: CBP8211086 ,verage is Provided in PE~RLE3S INSURANCE COMPANY - A STOCK COMPANY ;med InSUred: Agent: ' JJR CONSTRUCTION, iNC. HlJ13 INTERNATIONAL OF CALIFORNI A INSURANCE SERVICES lNC Agent Code: 4295218 Agent Phone: (925}-fi09-6500 THIS AND®iZSEMEPIT Cl-IANGES THE P®L9CY. PLEASE READ 9~" C~?REFUL.LY. ~®~~T~®t~A~ IN~U~E~ ®W1dER5, ZES~~E~ ~pIV a RA~T~Ft.S SC~E~l1l.E® PARS®N OR ORC~AN1~4'T~®N This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDUL.I; Name Of Additional Insured Person(sj Location(s) Of Covered Operations Or Organization(s): "ANY PERSON OR ORGANIZA710N pOR WHOM A C~FtTIFiCATE OF INSURANCE IS ON FILE" Information required to complete this Schedule, if not shown above, wlil be shown in the Declarations. A, Section it ~ Who is An Insured is amended to include as an addltianai Insured the person(s) of organizations} shown in the Schedule, but only with respect to liability for "bodily ':njury'°, `property damage" or 'personal and advertising injury" caused, to whose or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insureds) at the location(s) designated above. t3, With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily Injury" or "properly damage° occurring after. 1. All work, including materials, parts or equipment famished in connection with such work, on the project (other than service, maintenance or repairs) to ba performed by or an behalf of the additional Insured{s) at the location of the covered operations has been completed; or 2, That portion of `your work" out of which the injury or damage arises has been put to its intended use by any person or arganizatior? other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project, m 350 PropertEes, Inc., 2004 CG 20 10 07 04 Page 'i of 1 11Ub INItkN~4110NA~L Fax:925-6U9-6550 Dec 13 2006 15:26 P. U4 ~licy Number: CBP8211086 rverage #s Provided iln PEERLESS INSURANCE COMPANY - A STOCK COMPANY ttLrsed insured: Agent: HUB INTERNATIONAL OF CALIFORNi JJR CONS~'Ri1CTI0iV, INC. A INSURANCE SERVICES iNC Agent Code: 4295218 Agent Phone: (92'5)-809-65fl0 7i-i~S ~N®O~~6rME3V7 CHANGES THE E't3LICY. Pi_EA?SE i$~® D's' CAE~IE~UL~Y. A®®6~~®I~AL lNSU6~E®- OWNERS, LESSE~~ ~B~ ~®NT~4CT®f~S - C®NlPLIET~~ ®PE3~?~(®NS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II -Who is An Insured Is amended to include as an add'rdonal insured the person(s) or organizaiion(s) shown fn the Schedule, but only with respect to liability for "bodily inJury" or aproperty damage" caused, in whole or in part, by "your warK at the location designated and described in the schedule of this endorsement performed for that additlona! insured and included in the "products-completed operations hazard". SCHEDULE Name of Additional Insured Person(s) Or Organization(s): "ANY PERSON OR ORGANl~,gTION FOR WHOM A CERTIFICAT)= . OF INSURANCE IS ON F{LE" Location And Description Of Completed Operations: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. ® ISO Propel'tias, inc., 2004 :G 20 37 (D7h)~4) AGENT COPY . HUB INTERNATIONAL Fax:925-609-6550 Dec 13 2006 15:26 P. 05 .Polley Nurnbar: CBP 8211086 Coverage is Provided In PEERLESS INSURANCE COMPANY - A STOCK COMPANY Named Insured: Ag®nt: JJR CO1N$TRUCTIOH, IPIC', HUB INTERNAT10NA1_ OF CALIF012N1 A WSURANCE SERVICES lNC Agent Code: 4295218 Agent Phone: f9z5)-509-65b0 THIS ENDORSEMENT CFiANGE5 THE POLICY. PLEASE READ IT CAREFULLY. pESlGNATED CONSTRUCTION PROJECT(S) GENEI7AL AGGREGATE ~il~IT This endorsement modifies~insurance provided under the following: COMMERCIAL GENERAL LIABILITY COV1=l~AGE PART SCFi1=DULE Designated ConstCUCtian Projects: . "ANY PERSON OR ORGANIZATION FOR WHOM A CERTIFICATE OF WSURANCE IS ON FILE" (If no,entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). . A. For all sums which the insured becomes legally obligated to pay as damages caused by °occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, 2. The Designated Construction Projec# Genera( Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard," and for medics{ expenses under COVERAGI= C regardless of the number of: a. Insureds; q. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce arty other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medics! Expense continue to apply. However, instead of being subject to the G®neral Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. CG 25 03 (0 3! 9 7) Copyright, Insurance Services OPflce, Inc., ~ ese AGENT COPY HUB INTERNATIONAL Fax: 925 609-6550 Dec 1:; 2006 15:26 N. U6 B. For ail sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION i), and for all medical expenses caused by accidents under COVERAGE C (SECTION which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVI=RAGE A for damages or under COVERAGE C for medical expenses shall reduoe the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate [.unit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetab{es, the project will . still be deemed to be the same construction project. E, The provisions of Limits Of Insurance (SECTION III) net otherwise modified by this endorsement shall continue to apply as stipulated. :G 25 03 ~ 0 3 / 9 7 ~ Copyright, Insurance Services Office, Inc., 1996 AGENT COPY HUB INTERNATIONAL Fax:925-609-6550 Dec 13 2006 15:27 P. 07 JJR CONSTRUCTION OMNlER~eAL A~'T® G®~® ~N®®~SEIVlENs o6 - a~ BA 8P10686 THIS EhIDORSEMI=NT CHANGES THE POLIGY, PLEASE REAl3 1T CAREFULLY. This en~orsemerlt modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION Il - LlA61LITY COVE)!2AG)= A. COVERAGE 1. WHO IS AN INSURED The following is added_ d, Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, If there is no sim"slay Insurance available . to that organization. e. Any organization you newly acquire orform other than a partnership or j~ointventure, and over which you maintain ownership of a majority interest. However, coverage underthis provision does not apply: (1) I'F there is similar insurance or aself-insured retention plan available to that organization; or (2) 70 "bodily injury" or "property damage° that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a Covered "auto" you do not own, dire or borrow In your business or your personal affairs. insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto' by an insured, if: {1) You are obligated to add that person, organization, trustee,, estate or governmental entity as an additional insured to this policy by: {a) an ®xpressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority, (2) The "bodily injury" or "property damage° is caused by an "accident" which takes pkace after: {a) You executed the "insured contract" or written agreement; or (b) the permit has been issued to you. 2. COVERAGE 1=XTEIrlSIONS a. Supplementary Payments Subparagraphs (2) and (4) are amended as follows: {2) Up to $2500 for cost of bail bands (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) Afi reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $500 a day because of time off from work. Inc4udas copyrighted material of Insurance Services Offices, Inc, with its permission GECA 701 (09104) Page 1 of 3 AGENT GOPY fIUG I IY I ChI I'IR I I VIYHL I d?i: JLJ-UUJ-U:1aU UCI. I v GUUU I L 1 ~ UV ~ ~ SECTION III -PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto° you #eese; hire, rent or borrow from someone other than your employees or partners or members of their househald is a covered "auto" for each of your physical damage coverages. b. The most we will pay far "loss" in any one "accident" is the smallest of: (1) $50,000 ~(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3} The cost of repairing or replaoing the damaged ar stolen property with other property of Like kind and quality. If you are liable for the "accident", we will also pay up to $500 per "accident".for the actual loss of use to the owner of the covered "auto". c, Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest d®ductible shown for any awned "auto" far that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire wi#hout a driver and excess over any other collectible insurance for any covered "auto° fihafi you hire with a driver. 5. Rental Reimbursement Coverage We will pay up to $75 per day For up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Rents! Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay underthis coverage only that amount of your rental reimbursement expenses which is not already providEd and®r paragraph 4. Coverage Extension. S. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor> in the event of a total loss, we will pay your additional legs! obligation to the lessor for any difference between the actua[ cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; 8dditionaE mileage charges; excess wear and tear charges; and lease termination fees. S. EXCLUSIONS The following is added to Paragraph 3: The exclusion for "loss° caused by or resulting from mechanical or electrical breakdown does not applyto the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will no# pay for "loss° to any of the following: a. Tapes, records, disKs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. Includes copyrighted mateRal o. insurance Services Offices, Inc. with tES permissian GE~CA 701 (09/D4) Page 2 of 3 AGENT COpY I1UY I N I tk11~4 I I UNAL r ax: y'L5-buy-bbbU Uec I ;i LUUb 15: [ 1 r. uy b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.C. does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely far the reproduction of sound, if the equipment is permanently installed in the covered °auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto`s" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered `auto" or the monitoring of the covered °aufo's" operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1 } above 2nd permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. SECTION N. ~ BUSINESS AUTO CONDITIONS A. LOS5 CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Sult, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your ®xecutive officers, partners, members, or legal representatives is awar8 of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or Loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include; - (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and IoGation of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A.1. Who is Art Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract°, written agreement, or permit. B. GENERA!, CONDITIONS 9. is added: 3. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will pot prejudice the coverage afforded. hlowever, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2. b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. Includes copyrighted material of Insurance Services Offic®s, Inc. wi{h its permission GECA ZO'S (Q9/04} Page 3 of 3 AGENT COPY 11UG I l~ I tFifiK I IUNAL raX: yL5-bUy-b55U Jan G LUU, y: L4 Y. UL CERTHOLDER COPY Ne STATE P,O, sOX 420807, SAN ~RANCISCO,CA 94142,--0807 cotulw~NSsrloN ~tuSURSaNCE ~ U N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE I ISSUE DATE: 01-01-2007 GROUP: 000046 • POLICY NUMBER: 0008916-2007 CERTIFECATE iD: 278 CERTIFICATE EXPIRES: 01-01-2005 01-01-2007!01-01-2008 CITY OF irUPERTTNO N18 u06:PRDUEGT ff200s-03 CITY HALL 10300 TORRE AVE CUPERTINO CA 88014-3202 This is to certify that we have lssuad a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period Indicated. This policy is not subJect to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This c6rtificate of insurance is not an insurance policy and does not amend, extend or alter tr,e Coverage effordEQ by the policy listed•herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which th[s certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein Is subject to all the terms, exclusions, end conditions, of such policy. HORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT iNCLUDINQ DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDpRSEMEN'C #1600 - JOSE RAPOSD, PRES. - EXCLUDED. ENDOR$EM)=NT #1600 - CARL05 RAP050, VICE PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - LAURA RAP050, SECRETARY TREA. - EXCLUDED. ENDORSEMENT #2068 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2002 I5 ATTACHED TO AND FORMS APART OF THIS POLICY. j I I I EMPLOYER ! i J J R CONSTRUCTION, INC NB 1120 9TH AVE SAN MATED CA aaa02 I [615,N6] I iRev.z-os) PRINTED 01-OS-2007 HUB INTERNATIONAL Fax:925-609-6550 Dec 13 2UU6 15:21 I'. 11 ~UPE[~TINO ~ IlVSUFtANCE ,AGREEMENT A. Contractor is aware o£ the proviisions of Section 3700 of the Labor Code, which requires every employer to be izzsured against liability for worker's cornpezxsation or undertake self= insurance in accordance with the provisions of that Code, and wilt comply 'with such provisions before commencing the performance 'of the woxk of this, Contract. B. Contractor and ail subcontractors will carry worker's compensation insurance for the p}otectior~ of its employees during the prob ess of the `.~i'v:Lxc. Tu.c insurer shall waive its 2~~1LJ cf ~ subrogation. agaiAS~ 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 far• all operations, sub-coxatract woxk,. contractual obligations, product ox 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, offieexs, 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." poJacyholder's rating and a financial rating of ax least Class VZZ in accordaxxce with the current Best's ~Guiiie 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, Contractox shall furnish certificates of insurance evidencing 'the foregoing insurance coverages and~such certificates shall provide the name anal policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thixiy (30) days written notice to the City. Contractor shall maintain all of the foregoing imsurartce coverages in force until the work uzzder this Contract is fully completed. The requirement for carrying ,the foregoing • insurance shall not derogate ~frorn. the provisions far indemnification of the City, by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishin.; the abligatiozis 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 specilj.ed and having a Best's Cruide 12ating bf A, Class VII oz better oz that is . otherwise acceptable to the City. ~ " . LIlvIITS i Worker's Compensation ~ In accordance with the Worker's Coznper~sation & Employers' Liability ~ Act of the State of California ~ ViWOrker's ~coznp - "statutory" per CA Law; Employers' Liability - . $1,000,000 per occurrence. , . ii7.surauce Agzeeu~ez?t Page 1 of 2 t1UG INIthNkIIUNAL rax:yLS bUy-bSUU Uec l~i LUUb lU:'L! F'.1L General Liability -commercial general liability; Combined single limit of $1.0 mili,ioz~ per including provisions for contractual liability, occurrence; $2.0 million in the aggregate. personal. injury, independent contractozs and products -completed opezations hazard. Automobile Liability -comprehensive covering Cor~xbined single limit of $1.0 million per owned., non-owned and hired automobiles. occuzreaace. II J J R GONSTRUCTION, INC. p J~ ' (Contractor's Name) Dated: Q ~ 20 O~j ZnsGUance Agreement Page 2 of 2 HUB INTERNATIONAL Fax:925-609-6550 Dec 13 2006 15:27 P.13 8F ' CUPE~TiNO .CER'I'~ICAT'E OF rNSURANCJE TO'I'IiE CXTY OF CUPER'I'INO This certifies to the City of Cupertino that the following described policies Dave been.issued "to the insured named below and are in force at this ti,zne. ~ - Insured: J J R CONSTRUCTION, INC Address: 1120 9TH AVENUE SAN MATEO, CA 94402 Description of opexationsiiocations/pzoducts insured (show contract name and/or number, if any): - - GONCRETE GONSTRUCTION CONTRACTOR WORKER'S COMPENSATION Statutoxy Min. ' _ * Employer's ' ATE COMPENSATION INSURANCE FUN~Xability (name of insurer) $ 1,ooo,aDO $ l,ooo,DDO $ 1,ooo,oDD Insurance Company's State License No. ~ ~ ~ - ' Check Policy Type: ~ - Each Occurrence $ 1,000,000 COMPRETTENSIVE GENERAL ' LIA.$)Q,1~TY . [ ] Premises/Operations General Aggregate $ 2,000,000 (if applicable) - [ ] Owners Contzactors Protective Aggregate -PRODUCTS $ 2,000,000 [ ] Contractual fox Specific . Contract Personallnjury $ 1 000,000 $ - [ ] Products Liability - [ ) CCU Hazards [ ] Broad Form P.D. Fite Damage (any one faze) $ 500,000 ] Severability of I,uterest Clause j Pezsonal Injury with Medical Expense $ 10,000 Employee Exclusion Removed (any one pezso'a) or ~ Self-Insured - C011~D,1~I2CL4L GENERAL LIAB~,YTY' .Retention $ p PEERLESS INSURANCE COMPANY PHYSICAL DAMAGE DED. $1,000 - ' (narrte of ixzsurer) Policy No. CBPSZ11086 Expiration Date__ 12/08/2007 Ccrtificatc of Insurance Agzeernent Page 1 of 2. HUB INTERNATIONAL Fax:925-609-6550 Dec 13 2006 15:28 P.14 • AUTOMOTNE/VEHICLE LLA,BZI,ITY sODE,Y INJURY PROPERTY T~AN,IACrE Commercial Form Each Pexson Each Accident Liability Coverage $ $ • GOLDEN EAGLE INSURANCE GROUP Each Accident (name of insurer) $ ~ or r . Cotx~bined Single Limit $ 1,000,000 _ Policy Na. BA821068fi Expiration Date 12/08/2007 A copy•of all Endorsements to the policy(ies) which in any way (agent's initial) limit the above-listed types of coverage are attached to this Certificate of Insurance. This Certificate o~ Insurance is not an insurance policy and does not amend, eat-end or alter the coverage affozded .by the poicies listed hexeiui. Notwithstanding any requirement; term; or condition of any contract or any other document with respect to which this Certificate of Insurance zuay be issued or may pertain, the insurance afforded by the policies described herein is subject to aIl the terms, exclusions and conditions of such, policies. IT IS FiEREDY CERTIFIED•that the above policy(ies) provide liability insurance .aS required by the •Agree:ment between the City and the insuxed_ BY~ Dated: J / 0-~ 20 Arta Certific e of Insurance and Additional Izzsured Endorsement on c mpany dorms. Ccrti~icate of Insurance f.greement Page 2 of 2 HUB INTERIdkTIOIdkL Fax: 925 609-6550 Dec 13 2U06 15:20 P.15 CUPE1~Tt1V0 ADIDIT,IONAL INSURED ENDORSEMENT and • ENDORSEMENT OF PRIlKA.RY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: 2006-3 .RECONSTRUCTION OF CURBS GUTT RS SID AL _ In consideration of the policy premium and uotwitlLStanding 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"} acid its directors, officers, engineers, agents and employees, and all public agencies froze whom permits will be obtained and their directors, o$'icers, engineers, agents and employees are hereby declared to lie additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at.or upon any of thy: pzemises of the City in connECiion with the Contract with the City, or acts or ozniss.or~ of the additional insureds in connection with, but limited to its general supezvision or inspectioxt o£ said operations.. . The ~n~?*~nce afforded by this policy is prunary~ixtsurance, and mo additional ixtsurance~held or owned by the designated additional insureds) shall be c91J.ed upon .to cover a loss under sand additional policy. Camcellatxom Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced i.n coverage or in limits, or materially altered, except after thirty (30) days' pilot wzitten notice by certified mail, z~eturn receipt requested, has been given to the City of Cupertino • ("City"). Such. notice shall be addressed to the City as indieatod below. POLICY INFORMATION 1. Insurance Company: PEERLESS INSURANCI: COMPANY 2. Insurance Policy Ntuuber: CBP8211086 3. Effective bate of this Endorsement: 12/08 20 06 Q•. Insuxed: J J R CONSTRUCTION, INC Additiona] Insured and Primary Zztsurance and Notice of Cancellation Endorsement page 1 of 2 HUO INTEhNkfIONkL Fax:925 609-6550 Dec 13 2006 15:28 P.16 All notices herein provided to be given, by the Insurance Company to the City zn connection with this policy and these Endorsements, shall be mailed to or delivezed to the City at 10300 Torre Avenue; Cupertino, California 9501.4. I, Chris Behrens (prirtt/type name) . warrant that I have authority to bind the below listed Insurance Company and by my signature . hereon do so bind this Company. 5i~mataire of Aazthor~.~e3 Represenlatzve: (Original signature required on all Endor menu "shed to the District) Names of Agent/Agency;HUB INTERNATIONAL INSURANCE SERVICESTitle: SR. VICE PRESIDENT Address; .400 TAYLOR Bl`.VD. X300 Telephone: 1925 609-fi5~_ PLEASANT HILL, CA 94523 ~ ~ . . Facsimile: ~ (925) fi04-6550 Additional Insured grad Prirraary Insurance and Notice of Csnce~)ation Endorsement Page 2 of 2 HUB IIJTERNATIONkL Fax:925-609-6550 Dec 13 2006 15:28 P.li CUPEi~T1N0 COMPREHENSXVE GENERAL LIA~TLTTY COl•~IlVxERCIAL GENERAL LIAS~ "CITY ENDORSEMEN'T` OF AGGREGATE LIIVII'TS OF YNSURAIoTCE PER PROJECT J ~ Project Title and Number: In consideration of the policy premium anti notwithstanding atay inconsistezzt statement in the I . policy to which this Endorsement is attached or any other Endorsement attached, thereto, it is as follows: ' This. Endorsement mtodifies the insurance provided under the General Liability Coverage part of the below-referenced policy 'of insurance. The general aggregate limit under LIMNS OF INSURANCE applies separately to the project described as ~ : . POLICX INFORMATION 1. Insurance Company: PEERLESS INSURANCE COMPANY 2. Insurance Policy Number: CBP8211086 3. Effective Date of this Endorsement: _ 12/08 20 06 4, J J R CONSTRUCTION,.INC_~ 5.. Additional Insured: City' of Cupe~o, its directors, officers, agents and employees_ All notices herein provided to be giverx by the Insurance Company to the City in connection . , with this policy and this Emdozseznent, shell be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, CHRIS BEHREIVS _ (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. signatiue of Authorized Representative: (Oza,gimal sigz7tature required on all Endo ents 'shed to the Distz~ct) Names of Agent/Agemcy: HUB INTERNATIONAL INSURANCE SERVICESI',it~!IC SR. VIC_ E PRESTbENT Address: 400 TAYLOR BLVD_ X300 Telephone: ~ 92 09-6593 PLEASANT HILL, CA 94523 Facsimile: 925 609-6550 Aggregate Lirx~its indorsement Page 1 of 2 HUB I P~TERPdAT I0P4AL Fax: y~5-bUy-b55u uec i 3 Luue i ~u r. u cm~ CUPE~ [NO . ' WAVER OP SUBROGATION ENDORSEMENT WORKER'S COMPENSA'PZON INSURANCE Project Title and Number: _ In eonsideratian of the policy premium and notwithstanding any inconsistent statement in the policy to v~~b~ich. this Endorsement is attached ox any other Endarsement 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 arty right of ~subragation against the City of Cupertino, and each of its directors, . oIfxcers, agents; consultants and employees by reasozz pf 2~.y payment made on account of injury, ' including death zesulting therefrom, sustained by any erzaployee of the insured, arzsz:ag out of the pezfozmance of the above-referenced Contract. ~ ~ . POLICY INFORN.EATION 1. Insurance Company: STATE COMPENSATION INSURANCE FUND 2. jzlsurance Policy Number: ~ 000046-00099I6-2006 3. Effective Date of this Endorsement: 1/I 20 06 , 4. Insured: d J R CONSTRUCTION, ING. All notices herein provided to be given. by the Insurance Company to the City i~a connection, with this policy and this Endvz~sement, shall be mailed to. or delivered to the City at 10300 Torr-e Avenue; Cupertino, Califoza0.i.a 95014. I, .CHRIS BEWRENS ~ ~ (praw.t/type name) warrant that T have authority to bind the below listed Insurance Cozz~,pany and by zxzy signature hereon do so bind this Camparxy. Signaturrr o£Authorized Representative: (Original signature required on all Endorsem is s ed to the District) h ~ ~ Names of Agent/AgeucyNUB INTERNATIONAL INS~NANCE SERVICES,T SR. VICE PRESID~[T _ Address:_400 ~ TAYCOR BLVD_ X300 _ Telephone: (9251. 609_f59~ PLEASANT WILL, CA 94523 Facsimile: (925) 609'-6550 Subrogation indorsement Page ~ of Y r;XECUTED IN TRIPLICATE Bond ;'10.: '978993 FAITHFUL PERFORMANCE BOND Premium• $6,594.00 KNOW ALL MEN BY THESE PRESENT: THAT WE, JJR Construction, Inc. as Principal, (contractor's name) and Great American Insurance Compnay as Surety, (bonding company's name) are held and firmly bound unto the City of Cupertino, State of California, in the sum of Four hundred twelve thousand one hundred twenty five and NO/100 ($412,125)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 october 17 2006 with the obligee to do and perform the following work to-wit: Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2006-03 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 30th day of October , 2006 . (To be signed by Principal and Surety, Notary acknowledgment required) CONTRACTOR JJR Construction, Inc. uan 1~;rYrn 6.~enNt Saal?1ATe0 G•~ . QUUV2 v~-V•~D Principal Great American Insurance Company Surety Street Address: 1350 Treat Blvd. , Ste. 300 City, State, Zip Walnut Creek, CA 94596 By: ~ Attorney-I act Mark C . Johnson The above bond is accepted and approved this day of , 20 Faithful Performance Bond Page 1 of 1 EXECUTED IN TRIPLICATE Bond ido.~ 7978993 PAYMENT BOND Premium: Included in Performance Bond KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and JJR Construction, Inc. 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 Reconstruction _ of Curbs, Gutters and Sidewalks, Project No. 2006-03 more particularly described in said contract; and incorporated 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 labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, WE, JJR Construction, Inc. as Principal, (contractor's name) and Great American Insurance Company as Surety, (bonding company's 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 teams, 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 fi.tll sum Of Four hundred twelve thousand one hundred twenty five and NO/100 ($412, 125) 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, or 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 any 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. Payment Bond 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 the 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 or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this 30th day of October , 20 06 . (To be signed by Principal and Surety. Notary acknowledgments required.) CONTRACTOR JJR Construction, Inc. IIaO :nm Jekfut~ ~ ~a • ~`f'IOL ~ ~ .gip Principal Great American Insurance Company Surety Street Address: 1350 Treat Blvd. , Ste. 300 City, State, Zip Walnut Creek, CA 94596 By: ~ Mark C. Johnson Attorney n act The above bond is accepted and approved this day of , 20 Payment Bond Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~~ev SS. County of ~ ~ / On IJt,IV 22hr-I',L!J(7~, before me, j Li~c~'I•P~?y9- -5~~~-hG~~~ , Date / Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared ~~-~'G U1^ ~~CfS U Name(s) of Signer(s) ? personally known to me droved 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 „-~,,~~,~,~._6.~,.._-..- he/she/they executed the same in his/her/their ~ ~ ~ TE~~~+,,_« n sftf )fr,~ iii ~ authorized capacity(ies), and that by his/her/their (tlf^t~1.N1~1I31? n ~ NoTn~„>~,,,,~ c, er,l.r~ln ~ signature(s) on the instrument the person(s), or the ~ S pl ~iiit~ ORlr ~ ~ M,, c„R,r to ,~~<5 ~~,v ~ zom entity upon behalf of which the person(s) acted, - - •"v°`°``" executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above ~ ! Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ? Individual ? Individual ? Corporate Officer -Title(s): ? Corporate Officer -Title(s): ? Partner - ? Limited ? General ? Partner - ? Limited ? General _ ? Attorney in Fact To of thumb here ? Attorney in Fact p Top of thumb here ? Trustee ? Trustee ? Guardian or Conservator ? Guardian or Conservator ? Other: ? Other: Signer Is Representing: Signer Is Representing: ©2004 National Notary Association • 9350 De Soto Ave., P.O. Boz 2402 • Chatsworth, CA 91313-2402 `Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,~.:~lzc,Fac~c~%~C'~- .c ~2c-C~~,c,C~,c~~~-~rrM R 1 State of California I ss. i( County of Contra Costa I October 30, 2006 Cath A. Sha and Notary Public On before me, Y P Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") I l personally appeared Mark C . Johnson Name(s) of Signer(s) I personally known to me ? proved to me on the basis of satisfactory evidence to be the person(( whose name is/are- subscribed to the within instrument and acknowledged to me that he/s#e,4+iey executed the same in his/laex/#J.iei~ authorized ~ capacity(i~j, and that by his/I~ec/~e+~- CATHY A. SHAPARD signature on the instrument the person', or ' Commission # 145b123 the entity upon behalf of which the person( a " ~ Notary Publ(c -California ~ acted, executed the instrument. ~ • y~ ~ Contra Costa County My Comm. Fxplres Dec 14, 2007 WITNESS my hand and official seal. 5 alure o1 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment o/this form to another document. Description of Attached Document , Title or Type of Document: Performance and Payment Bonds Document Date: October 30, 2006 Number of Pages: 3 Signer(s)UfherThanNamedAbove: JJR Construction, Inc. Capacity(ies) Claimed by Signer Signer's Name: Mark C. Johnson ? Individual Top of thumb here ? Corporate Officer -Title(s): ? Partner - ? Limited ~ General ~7 Attorney-in-Fact ? Trustee ? Guardian or Conservator ? Other: Signer Is Representing: Great American Insurance Company ® 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-600-876-6827 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 FOUR No. 0 14237 POWER OF ATTORNEY IINOW 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 its true and lawful attorneyin-fact, for it and in its nazne, place and stead to execute in 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 PLEASANT HILL, $75,000,000.00 ROBERT P. MOSER CALIFORNIA MARK C. JOHNSON This Power of Attorney revokes all previous powers issued in behalf of the attorneys}in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixedthis 16'" day of, JUNE 2006. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DnvID C. KircHiN (513-369-3811) On this 16'" day of JUNE 2006, before me personalty appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the 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 sad 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. This Power of Attorney is granted by authority of the following resolutions adopted by the Boan1 of Directors of Great American Insurance Company by unanimous written consent dated Match 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or arty one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,• to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affrxed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affrxed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions ofthe Board of Directors of March 1, 1993 have not been revoked and aze now in full force and effect. Signed and sealed this 30th day of, OCtObeT , 2006 S 1029T (11/01) - DOCUMENT: 19779384 Pages 3 Fees.... ~ No Fees RECORDING REQUESTED BY Taxes . Copies.. AMT PAID City of Cupertino REGINA ALCOMENDRAS RDE # 003 WHEN RECORDED MAIL TO SANTA CLARA COUNTY RECORDER 3/ 17/2008 Recorded at the request of 10 03 AM City Clerk's Office City City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE INACCORDANCE WITH GOi~ CODE 6103 CERTIFICATE OF' COMPLETION AN]J NOTICE OF ACCEPTANCE OF COMPLETION RECONSTRUCTION OF CURBS, GUTTERS & SIDEWALKS PROJECT N0.2006-03 r Original ~ For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 CUPERTINO PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION RECONSTRUCTION OF CURBS, GUTTERS & SIDEWALKS PROJECT :YO.2006-03 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 in hereinafter described in the contract which was entered into, by, and between the City of Cupertino and J.J.R. Construction, on Oc;tober 17, 2006, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered on March 4, 2008. 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. Director of Public Works and City Engineer of the City of Cupertino Date: March 11, 2008