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15-154 Guerra Construction Group, Project Number 2015-20 Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project - Re-bidRECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27283 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER R~corded at the request of City Pages: 3 Fees.··· * No Fees Taxes ... Cop/ es .. AMT PAID---- ROE H 024 2/02/2016 12:48 PM (SP ACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION CITY PROJECT NAME: Stevens Creek Blvd at Perimeter Turn Pocket Extension /?' Original D For Fast Endorsement City of Cupertino NOTICE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion dated January 15, 2016 for CITY PROJECT NAME: Stevens Creek Blvd at Perimeter Turn Pocket Extension and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on January 21, 2016 and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: By: January 21, 2016 Lauren Sapudar Senior Office Assistant CUPERTINO Recording Requested By: When Recorded Mail To: City of Cupertino 10300 Torre Ave. Cupertino, CA 95114 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE NOTICE OF COMPLETION Civil Code§§ 8182, 8184, 9204, and 9208 NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is the agent of the owner of the project described below. 2. Owner's full name is: City of Cupertino, California. 3. Owner's address is: City Hall, 10300 Torre Ave., Cupertino, CA 95114. 4. The nature of owner's interest in the project is: __x_ Fee Ownership Lessee Other: __________ _ 5. Construction work on the project performed on the owner's behalf is generally described as follows: City Project Name: Stevens Creek Blvd at Perimeter Turn Pocket Extension Extending the left turn pocket of westbound Stevens Creek Blvd and the Perimeter Road Intersection, installation and compaction of new AC paving and base rock, rerouting utilities, and incidentals. 6. The name of the original contractor for the project is: Guerra Construction Group 7. The project was completed on: January 15, 2016 8. The project is located at: Stevens Creek Blvd and Perimeter Road Intersection. Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. ~~~~~~d2~ia2c~16; Santa Clara County ~-~ig~n-a~tu=r=e=~----" ______ _ Timm Borden Director of Public Works and City Engineer Project No. 2015-20 DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS STEVENS CREEK BLVD AT PERIMETER RD TURN POCKET EXTENSION PROJECT- RE-BID PROJECT NUMBER 2015-20 THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and entered into this 21'1 day of December, 2015, by and between the City of Cupertino ("City"), and Guerra Construction Group ("Contractor"), whose place of business is at 984 Memorex Drive, Santa Clara, CA 95050. RECITALS A. City and Contractor entered into Contract Number 2016-274 (the "Contract"). B. The Work under the Contract has been completed. Now, therefore, it is mutually agreed between City and Contractor as follows: AGREEMENT 1. Contractor will not be assessed liquidated damages except as detailed below: No liquidated damages assessed. Original Contract Sum Modified Contract Sum Payment to Date Liquidated Damages Payment Due Contractor $ 114,325.00 $ 111,804.71 $ 0.00 $ 0.00 $ 111,804.71 2. Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of One Hundred Eleven Thousand Eight Hundred Four Dollars and Seventy-one Cents ($ 111,804.71) under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with City as of the date of such payment. 3. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against City arising from the Contract, except for the claims described in paragraph 4 of this Document 00650. It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a fall, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against City, and all if its agents, employees, consultants (including without limitation Consulting Cupertino), inspectors, representatives, assignees and transferees except for the Disputed Claims set forth in paragraph 4 of this Document 00650. Nothing in this City of Cupertino 00650 -1 Agreement and Release of Any and All Claims Stevens Creek Blvd at Perimeter Rd Tum Pocket Extension Project-Re-Bid Project No. 2015-20 Agreement and Release shall limit or modify Contractor's continuing obligations described in paragraph 6 of this Document 00650. 4. The following claims are disputed (hereinafter, the "Disputed Claims") and are specifically excluded from the operation of this Agreement and Release: Claim No. Date Submitted Description of Claim Amount of Claim [Insert information, including attachment if necessary] 5. Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that, in consideration of the payment set forth in paragraph 2 of this Document 00650, Contractor hereby releases and forever discharges City, and all of its agents, employees, consultants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract 6. Guarantees and watrnnties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Documents. 7. Contractor shall immediately defend, indemnify and hold harmless the City of Cupertino, Santa Clara County, its Architect, any of their Representatives, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the perfotmance of the Contract, except for the Disputed Claims set forth in paragraph 4 of this Document 00650. 8. Contractor hereby waives the provisions of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor. 9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in pati under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable. I 0. Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection witl1 this Agreement and Release. 11. All rights of City shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release. City of Cupertino 00650 - 2 Agreement and Release of Any and All Claims Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project-Re-Bid Project No. 2015-20 * * * CAUTION: THIS IS A RELEASE -READ BEFORE EXECUTING * * * THE CITY OF CUPERTINO, a Municipal Corporation of the State of California Name: Timm Borden Its: Public Works Director Guerra Constructio~oup By: ~::=:?---·- Name: Jaime Guerra Its: President Its: ________________ _ REVIEWED AS TO FORM: ~ [City Attorney] -------------~•20 __ _ END OF DOCUMENT City of Cupertino 00650 -3 Agreement and Release of Any and All Claims Stevens Creek Blvd at Perimeter Rd Tum Pocket Extension Project-Re-Bid '" CUPERTINO DATE: 11/06/2015 Contractor: GueJTa Construction Group 984 Memorex Drive Santa Clara, CA 95050 STEVENS CREEK BL VD AT PERIMETER ROAD TURN POCKET EXTENSION PROJECT PROJECT NO. 2015-20 CONTRACT CHANGE ORDER NO. 01 The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and eve1y claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. Change City Field Description Amount No. Authorization No. Credit for a reduction in the quantities for excavation, 1-A compaction, and supply of AB base material resulting from a ($2,500.00) concrete slab located 9" from the road smface. 1-B Water usage charge (5CCF) ($20.29) Change Order 01 Page 1 STEVENS CREEK BLVD AT PERIMETER ROAD TURN POCKET EXTENSION PROJECT PROJECT NO. 2015-20 CONTRACT CHANGE ORDER NO. 01 Total Change Order No. 01 Total l1roiect: Original Contract $114,325.00 Change Order No. 1-A ($2,500.00) Change Order No. 1-B ($20.29) -- ($ 2,520.29) ($ 2,500.00) ($20.29) Revised Contract $111,804.71 Total Change Orders ($2,520.29) Schedule Impact: None Project Final Completion Date: November 15, 2015 REVIEWED~Y .1 r L/ I ''·,:Gfty of Cupertino Elwin Ching City Project Manager Date: tJ-~?'I ...-l J~ Page 2 APPROVED BY: Tiinm Borden Director of Public Works Guerra Constmction Group Jaime Guerra President Date: 1·}j~t /I~ Change Order 01 pv ·ti=' ?.016 -·l7Y Project No. 2015-20 DOCUMENT 00520 CONTRACT \S THIS CONTRACT, dated this 1Q_ day of A\~US.-\ , 2011, by and between __ _ Guerra Construction Group whose place of business is located at 984 Memorex Drive, Santa Clara, CA 95050, ("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 10th day of August, 2015 awarded to Contractor the following Project: PROJECT NUMBER 2015-20 STEVENS CREEK BLVD AT PERIMETER RD TURN POCKET EXTENSION PROJECT -RE-BID 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 Erwin Ching, Associate 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 more 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 to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Provisions) within 45 Calendar Days from the date when the Contract Time commences to run as provided in Document 00700 (General Provisions) 3 .2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss 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 City of Cupertino 00520 - 1 Contract Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project-Re-Bid Project No. 2015-20 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 pmt of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.l $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 $1,000 for each occurrence of a violation of and Document 00800, Section 1.7 WORK DAYS AND HOURS. 3.2.3 $500 for each Calendar Day that expires after the time specified for Contractor to achieve a Milestone date as specified in Document 02515, Section 3.04.K and 3.07.C and Document 02577, Section 3.01.G. 3.2.4 $150 for each Calendar Day that expires after the time specified for Contractor to achieve a Milestone date as specified in Document 02577, Section 3.01.1. 3.2.5 Three Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. 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 loss 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-pmties), 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. City of Cupertino 00520 -2 Contract Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project-Re-Bid Project No. 2015-20 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, rep01is 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 Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional examinations, investigations, explorations, tests, rep01is, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has conelated 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 herein. 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 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00100 Advertisement For Bids Document 00200 Instructions to Bidders Document 00400 Bid Form Docwnent 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00510 Notice of Award Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notice to Proceed 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 00680 Escrow Agreement for Security Deposits in Lieu Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Traffic Control Requirements Document 00821 Insurance Document 00822 Apprenticeship Program Document 00860 General Requirements Technical Specifications/Special Provisions/ Appendix Addenda( s )/Drawings/Plans City of Cupertino 00520 -3 Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project -Re-Bid Contract Project No. 2015-20 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. 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 fmiher 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 subcontrnct 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 pariies. 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 ofindustrial 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. 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 paris, 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 Govermnent Code, Title 1, Division 3.6, Pari 3, Chapter 5. City of Cupe1iino 00520 - 4 Contract Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project -Re-Bid Project No. 2015-20 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. STEVENS CREEK BLVD AT PERIMETER RD TURN POCKET EXTENSION PROJECT CITY: CITY OF CUPERTINO, a Municipal Corporation of the State of California Attest: Cily '2;f s~ 7/rr {{ r ~Allorney ,-i;\y Attorney: Carn! Kmade I hereby ce1iify, under penalty of perjury, that Timm Borden, Director of Public Works of the City of Cupertino was duly authorized to execute this document. CONTRA(\TOR: Guerra Con\ ruction Group ~~~~~·-By:~~~~~~~~~~~~~~~~ [Signature] Jaime Guerra [Please print name here] Title: President [If Corporation: Chairman, President, or Vice President] By:~~~~~~~~~~~~~~~~ [Signature] [Please print name here] Title:------------------ [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] State Contractor's License No. Classification 5· 3\. \\.0 Tilm Bo a n, P.E., Director of Public Works of the City of Expiration Date Cupe1iino, a Municipal Corporation of the State of California Designated Representative: Taxpayer ID No. 2-lo ' 2. L\ 1 ~ lp Qlo Name: Erwin Ching, P.E. Title: Associate Civil Engineer Address: 10300 Torre Ave., Cupertino, CA 95014 Phone:408-777-3354 Facsimile: 408-777-3333 AMOUNT: $ 114,325.00 ACCOUNT NUMBER:270-90-977-900-905-STO I 0-030 I FILE NO.: 74,894.11 Name: UO\W\e Bue..vra Title: Pr..e.s i den± Address:'1Z4\ Me'N\Off~t>R .Sayitl'A CVlxtAJ~.il:.~Sl>Sb Phone:4bi • 2-19 · '202.1 Facsimile: ________________ _ NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT City of Cupertino 00520 - 5 Contract Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project-Re-Bid ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara on August 10, 2015 before me, Lydia E Arroyo Reynolds, Notary. (insert name and title of the officer) personally appeared _J_a_im_e_S_G_u_e_rr_a ___________________ _ who proved to me on the basis of satisfactory evidence to be the person~ whose name!sf is/.aff! subscribed to the within instrument and acknowledged to me that helsl 1e/they executed the same in his/11cri1thcir authorized capacity(-iest, and that by hislher~hcir signature(,$'.) on the instrument the person~. or the entity upon behalf of which the person{,.S') acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LYDIA f. ARROYO-:REYNOLDS t COMM. #2094483 :z: Notary Public · California ~ Santa Clara County .... Comm. Ex ires Dec. 21, 2018 Signature-------------(Seal) Executed In Triplicate DOCUMENT 00610 Project No. 2015-20 Bond Number: GSM32626 Premium: $1,399.00 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated August 19, 2015 , is in the penal sum of One Hundred Fourteen Thousand Three Hundred Twenty-Five Dollars------------------------------------------------------------------------------------ ---------------------------------------------------------------------------------------------------[which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs I through 12, attached to this page. Any singular reference to Guerra Construction Group ("Contractor"), The Gray Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: Guerra Construction Group Name 984 Memorex Drive Address Santa Clara, CA 95050 City/State/Zip CONSTRUCTION CONTRACT: SURETY: The Gray Insurance Company Name 10040 N. 25th Avenue, Suite 118 Principal Place of Business Phoenix, AZ 85021 City/State/Zip STEVENS CREEK BL VD AT PERIMETER RD TURN POCKET EXTENSION PROJECT - RE-BID PROJECT NUMBER 2015-20 at Cupertino, California. DATED ~f~ \C\ , 20_1_5_ in the Amount of$_1_1_4,_32_5_.0_0 _______ (the "Penal Sum") CONTRACTOR AS PR CIPAL Guerra Construction Group Company: (Corp. Seal) Signature: Name and Title: JaiM'f 8Y.fl'f6\ fN?S\deaj- SURETY The Gray Insurance Company C.omp,ny'7.f . Signature: · ()..J\l\..U .q ~ , Name and Title: Danijela Mosunic, Attorney-In-Fact BOND TERMS AND CONDITIONS I. 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: City of Cupertino 00610 -I Construction Performance Bond Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project-Re-Bid ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara On August 19, 2015 before me, Lydia E Arroyo Reynolds, Notary (insert name and title of the officer) personally appeared _J_a_i_m_e_S_G_u_e_r_ra _____________________ _ who proved to me on the basis of satisfactory evidence to be the person'3) whose nameW is/..aPE!" subscribed to the within instrument and acknowledged to me that hefstrefthey executed the same in his/~ authorized capacity(iest, and that by hisfherlHtt*r signature'3'} on the instrument the person~, or the entity upon behalf of which the person~) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~·· Signature--------------(Seal) ·r.ARROYO:REYNOLDS [ COMM. #2094483 z Notary Public • California ::o Santa Clara County ~ Comm. Ex Ires Dec. 21, 2018 Project No. 2015-20 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or 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 obligations 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; City of Cupertino 00610 - 2 Construction Performance Bond Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project -Re-Bid Project No. 2015-20 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). 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 the 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 Bond 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 terms 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 Construction Contract. END OF DOCUMENT City of Cupertino 00610 -3 Construction Performance Bond Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project-Re-Bid CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara On August 19, 2015 before me, Sarah M. Lorincz, Notary Public Date Here Insert Name and Title of the Officer personally appeared _D_an_iJ_·e1_a_M_o_su_n_ic _______________________ _ Name@ of Signer@ who proved to me on the basis of satisfactory evidence to be the person@ whose name@ is21\i:K subscribed to the within instrument and acknowledged to me that:ll1Mshe1{!j@{executed the same in ]500'her~uthorized capacity~ and that by::lfilfue~ignatureOO on the instrument the person@., or the entity upon behalf of which the person® acted, executed the instrument. SARAH M. LORINCZ Commission# 1980832 Notary Public -California ~ Santa Clara County ~ M Comm. Expires Jul 1, 2016 Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. official seal. ltk~_: Signature of Natal}' Public j ~~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _A_ug_u_st_1_9,_2_0_15 __ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): _____ _ D Partner -D Limited D General D Partner -D Limited 'J General D Individual 'J Attorney in Fact D Individual D Attorney in Fact D Trustee 'J Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ '~~~~'G<>-.~~~~~·. . , --·~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Executed In Triplicate Project No. 2015-20 Bond Number: GSM32626 Premium Is Included In Performance Bond DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond") is dated August 19, 2015 , is in the penal sum One Hundred Fourteen Thousand Three Hundred Twenty-Five Dollars------------------------------------------------------------------ [ 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 I through 14, attached to this page. Any singular reference to Guerra Construction Group ("Contractor"), The Gray 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: Guerra Construction Group Name 984 Memorex Drive Address Santa Clara, CA 95050 City/State/Zip CONSTRUCTION CONTRACT: SURETY: The Gray Insurance Company Name 10040 N. 25th Avenue, Suite 118 Princi{Jal Place of Business Phoenix, AZ 85021 City /State/Zip STEVENS CREEK BL VD AT PERIMETER RD TURN POCKET EXTENSION PROJECT - RE-BID PROJECT NUMBER 2015-20 at Cupertino, California. DATED ~h\= \C\ , 20 ~ in the Amount of $_1_1~4,_32_5_.0_0 ________ (the "Penal Sum") CONTRACTOR AS PRINCIPAL Guerra Construction Group Company: ~p~ Sig""""" ~ Name and Title: cb'IMQ. Gui.tfe\ '}?~~~ i c\£1\;f SURETY The Gray Insurance Company Company: (Corp. Sfal) Signature: ~ ~ < v> Name and Title: Danijela Mosunic, Attorney-In-Fact BOND TERMS AND CONDITIONS I. 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 00620 -I Construction Labor and Material Payment Bond Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project-Re-Bid ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara On August 19, 2015 before me, Lydia E Arroyo Reynolds, Notary (insert name and title of the officer) personally appeared _J_a_i_m_e_S_G_u_e_r_ra _____________________ _ who proved to me on the basis of satisfactory evidence to be the person~~ whose nameM is/..are" subscribed to the within instrument and acknowledged to me that hefsl1eithey executed the same in his/her/their authorized capacity(+est, and that by his~r signature~ on the instrument the person{fal'.}, or the entity upon behalf of which the person~) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature--------------(Seal) --i:vort~Rf'tNotbSI OMM · #2094483 Notary Pub/le • California ~ Santa Clara County o Comm. Ex ires Dec. 21 201s""' Project No. 2015-20 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 Law, 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 ot~ 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 conforming 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 permit 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 City of Cupertino 00620 - 2 Construction Labor and Material Payment Bond Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project-Re-Bid Project No. 2015-20 ascertained and determined by the Director of the State Department of Industrial Relations and City to be the 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.l 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 00620 - 3 Construction Labor and Material Payment Bond Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project-Re-Bid CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara On August 19, 2015 before me, Sarah M. Lorincz, Notary Public Date Here Insert Name and Title of the Officer personally appeared _D_an_ij_el_a_M_o_su_n_ic _______________________ _ Name@ of Signer@ who proved to me on the basis of satisfactory evidence to be the person@_ whose name@ is.?KrK subscribed to the within instrument and acknowledged to me thatJ{iNshelfil@{_executed the same in )GOO'herXJMiNtuthorized capacity~ and that byJi!Mhe~ignatureOO on the instrument the person®, or the entity upon behalf of which the person® acted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. official seal. ~ 1,,~--- 1 ~~~~~~~~~~~~~~~-oPT/ONAL~~~~~~~~~~~~~~~- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _A_ug_u_st_1_9,_2_0_15 __ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other:--------------D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ .~~~~~~~~~~'%~~~~~"(;~~~ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 't! I; THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMP ANY GENERAL POWER OF ATTORNEY 192378 KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint Ronald G. Speno, Francis E. Cook and Danijela Mosunic of San Jose, California jointly or severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 261h day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 1th day of September, 2011. By ~~ Att~t~4r- Mark S. Manguno Secretary, State of Louisiana ss: Parish of Jefferson Michael T. Gray President, The Gray Insurance Company and Vice President, The Gray Casualty & Surety Company The Gray Insurance Company, The Gray Casualty & Surety Company On this 1th day of September, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. i.'''''\'''S 1 : 11 M/''''1 ''''1. di~-----#~~~···· ...... ~~..,~ .. ~ ~ / '•'/ ~o"f~J-"t \ ..J;, (.i ~ )•) Lisa S. Millar, Notary Public, Parish of Orleans \~·... Pu~~1c •• ·~~l State of Louisiana ''t,trk""•·· .... ~\'1>"./ My Commission is for Life .,,,,,,,g,f,,.h,~1111\\\\\ I, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. Project No. 2015-20 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 Qr 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 00530 -I Insurance Fonns Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project-Re-Bid CITY OF fl Project No. 2015-20 CUPERTINO 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 generalliability 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 00530 - 2 Insurance Fonns Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project -Re-Bid Project No. 2015-20 LIMITS Worker's Compensation & Employers' Liability General Liability -commercial general liability; including provisions for contractual liability, personal injury, independent contractors and products-completed operations hazard. Automobile Liability -comprehensive covering owned, non-owned and hired automobiles. {:¥!£.tra t( ~-\ructtn G,n:>ttp (Contractor's Name) In accordance with the Worker's Compensation Act of the State of California -Worker's comp "statutory" per CA Law; Employers' Liability $1,000,000 per occurrence. Combined single limit of $2.0 million per occurrence; $4.0 million in the aggregate Combined single limit of $1.0 million per occurrence. City of Cupertino 00530 - 3 Insurance Fonns Stevens Creek Blvd at Perimeter Rd Tum Pocket Extension Project-Re-Bid ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara on August 13, 2015 before me, Lydia E Arroyo Reynolds, Notary (insert name and title of the officer) personally appeared _J_a_im_e_S_G_u_e_rr_a ____________________ _ who proved to me on the basis of satisfactory evidence to be the person{i) whose nameLsr isl.are!' subscribed to the within instrument and acknowledged to me that he/she/ti 1ey executed the same in his/her/their authorized capacity{iest, and that by his/her/their signature'81 on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. a Signature --&L"""---J'---"-=:;...--------(Seal) CITY OF g Project No. 2015-20 CUPERTINO 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: Guerra Construction Group Address: 984 Memorex Drive Santa Clara Ca 95050 Description of operations/locations/products insured (show contract name and/or number, if any): WORKER'S COMPENSATION Redwood Fire & Casualty (name of insurer) * Statutory Min. *Employer's Liability $ 1,000,000 $ 1,000,000 $ 1,000,000 Insurance Company's State License No. _4_7_·0_53_0_07_6 _______________ _ ================================ Check PolicyType: Each Occurrence $ 1,000,000 COMPREHENSIVE GENERAL LIABILITY [ x] Premises/Operations General Aggregate $ 2 non oon • J (if applicable) [ ] Owners & Contractors Protective Aggregate $ 2,000,0000 [ ] Contractual for Specific Contract Personal Injury $ [x] Products Liability [ ] XCU Hazards [ x] Broad Form P.D. Fire Damage (any one fire) $ 50,000 [ ] Severability of Interest Clause [ ] Personal Injury with Medical Expense $ 5 000 Employee Exclusion Removed (any one person) or Self-Insured COMMERCIAL GENERAL LIABILITY Retention $ 5,000 lronshore Specialty Insurance Company (name of insurer) Policy No. -'--A'"""G-'-S0"-"0-"-08'"""0-'-4 ____ _ Expiration Date--'-04-'-/0'-1'-/2-'--'01-'--6 ___ _ City of Cupertino 00530 - 4 Insurance Fonns Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project -Re-Bid AUTOMOTNENEHICLE LIABILITY Commercial Form Liability Coverage West American Ins Co (name of insurer) BODILY INJURY Each Person $ ______ _ Each Accident Project No. 2015-20 PROPERTY DAMAGE Each Accident $ _______ _ $ or Combined Single Limit $ 1,000,000 -------- Policy No. BAW56321564 Expiration Date 04/01/2016 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. NIA (Name of insurer) Policy No. --------~ Expiration Date -------~ Deductible: ---------Limits of Liability: ________ _ 7E1:. I) ,agent s 1rntrn A copy of all Endorsements to the policy(ies) which in any way limit the above-listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreement between the City and the insured. /}///l ---By: /111~ Dated: 08/10/2015 20 ----------- Attach Certificate oflnsurance and Additional Insured Endorsement on company forms. City of Cupertino 00530 - 5 Insurance Fon11s Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project-Re-Bid CITY OF fl CUPERTINO ADDITIONAL INSURED ENDORSEMENT and ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: Stevens Creek Blvd at Perimeter RD turn pocket Cupertino Ca Project No. 2015-20 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 l. Insurance Company:_l_ro_n_sh_o_re_s_p_e_ci_al_ty_ln_c_c_o _________________ _ 2. Insurance Policy Number: __ A_G_s_oo_o_os_o_4 _______________ _ 3. Effective Date of this Endorsement: 0811012015 20 -----------------~ 4. Insured: Guerra Construction Group 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. I, Nicholas Weintraub (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. City of Cupertino 00530 - 6 Insurance Forms Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project-Re-Bid Project No. 2015-20 Names of Agent/ Agency: Nick Weintraub /Leavitt Pacific Ins Brokers Title: Account Executive Address: 1330 S Bascom Ave Telephone: 408-288-6262 ___ _ San Jose CA 95128 Facsimile: 408-298-7635 -------- City of Cupertino 00530 - 7 Insurance Fonns Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project -Re-Bid CITY OF Project No. 2015-20 a CUPERTINO COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROJECT Project Title and Number: Stevens Creek Blvd at Perimeter RD turn pocket Cupertino Ca 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 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 Stevens Creek Blvd at Perimeter RD turn pocket Cupertino Ca POLICY INFORMATION 1. Insurance Company: __ lr_o_ns_h_o_re_S...:.p_e_ci_al-=ty_l_ns_C_o ________________ _ 2. Insurance Policy Number:_A_G_S_0_0_00_8_04 __________________ _ 3. Effective Date of this Endorsement: 08/10/15 20 ------------------ 4. Insured: Guerra Construction Group 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. I, Nicholas Weintraub (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 Endo~mentSfllf11iShed to the District) Names of Title: Account Executive Agent/Agency: Nick Weintraub/Leavitt Pacific Ins Brokers Address: 1330 S Bascom Ave Telephone: 408-288-6262 ___ _ San Jose Ca 95128 Facsimile: 408-298·7635 -------- City of Cupertino 00530 - 8 Insurance Fonns Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project-Re-Bid CITY OF a CUPERTINO WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE Project Title and Number: Stevens Creek Blvd at Perimeter RD turn pocket Cupertino Ca Project No. 2015-20 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 the insured, arising out of the performance of the above-referenced Contract. POLICY INFORMATION 1. Insurance Company: Redwood Fire and Casualty Ins 2. Insurance Policy Number: ___ G_uw_c_60_1_35_6 ________________ _ 3. Effective Date of this Endorsement: 08/10/2015 20 ------------------ 4. Insured: Guerra Construction Group 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 TolTe Avenue; Cupertino, California 95014. I, Nicholas Weintraub (print/type name) walTant 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:_Jl.(..,L.,~/-~-'""""'=:::======-------­ (Original signature required on all Endo: sements furnished to the District) Names of Agent/ Agency: Nick Weintraub/Leavitt Pacific Ins Brokers Title: Account Executive Address: 1330 S Bascom Ave Telephone: 408-288·6262 ___ _ San Jose CA 95128 Facsimile: 408-298-7635 ___ _ City of Cupertino 00530 -9 Insurance Fo11ns Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project -Re-Bid Project No. 2015-20 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of STEVENS CREEK BLVD AT PERIMETER RD TURN POCKET EXTENSION PROJECT - RE-BID PROJECT NUMBER 2015-20 CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work coITected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to coITect defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents, including, without means oflimitation, Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistencJ\.between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or'\ law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the ContL~-~==~;;~~ .~,.Address \\Unttl CJaY4 fil Q ~ r;b '8-lO· L<::J City/State/Zip Date END OF DOCUMENT City of Cupertino 00630 - 1 Guaranty Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project-Re-Bid ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California county of Santa Clara on August 10, 2015 before me, Lydia E Arroyo Reynolds, Notary (insert name and title of the officer) personally appeared_J_a_i~_e_S_G_u_e_rr_a ____________________ ~ who proved to me on the basis of satisfactory evidence to be the person{i) whose name'9f is/.at'\:f subscribed to the within instrument and acknowledged to me that he/she/ti 1ey executed the same in his/her/their authorized capacity(-iest, and that by hisiher/thetr signature'8') on the instrument the person!,s1, or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. a Signature __ ~_,__""""'" _________ _ (Seal) LYDIA E. ARRo'Ytf.aivtfoCDit COMM. #2094483 z Notary Public • California ~ Santa Clara County ... Comm. Ex Ires Dec. 21, 2018 . Project No. 2015-20 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of STEVENS CREEK BLVD AT PERIMETER RD TURN POCKET EXTENSION PROJECT - RE-BID PROJECT NUMBER 2015-20 CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work c01Tected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents, including, without means oflimitation, Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsisten~etween the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents o · at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. ==-- .l'~ddress '->(Jnia ciard et\ g 5l>Sb City/State/Zip Date END OF DOCUMENT City of Cupertino 00630 -1 Guaranty Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension Project -Re-Bid ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara on August 10, 2015 before me, Lydia E Arroyo Reynolds, Notary (insert name and title of the officer) personally appeared _J_a_irn_e_S_G_u_e_r_ra ____________________ _ who proved to me on the basis of satisfactory evidence to be the person~ whose nameW is/,are- subscribed to the within instrument and acknowledged to me that he/sl 1eltl 1ey executed the same in his/her/their authorized capacity(.Jest, and that by his/her/their signature~ on the instrument the person{,s?, or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -~_.,..-·--r __ · _.< _______ _ (Seal) flt;; ~;lf7 f? A fl ..a:ia. a.._..::..-· l YDIA E. ARROYO-REYNOLDS j, COMM. #2094483 :ii'. Notary Public • California ei Santa Clara County -' ~~ ctPi[?S pec~21.: 20}Bf ··' GUERR-8 OP ID: YV ACORD·' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~--08/24/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 408-288-6262 CONTACT NAME: Leavitt Pacific Ins. Brokers Fax: 408-298-7635 PHONE I FAX License #OD79674 (A/C No Ext\: (A/C, No): 1330 S. Bascom Ave. E-MAIL ADDRESS: San Jose, CA 95128 !NSURER(S) AFFORDING COVERAGE Nicholas A. Weintraub NAIC# INSURER A: lronshore Specialty Ins. Co. 25445 INSURED Guerra Construction Group INSURER B: West American Insurance Co 44393 Santa Clara Construction & INSURER c: Redwood Fire & Casualty Ins Co 11673 Engineering, Inc. 984 Memorex Drive INSURER D: Mercer Insurance Company 14478 Santa Clara, CA 95050 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR ,~~hl%V#Yi (~~~6%~1 LIMITS LTR i.rco ''"'"' POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f---DAMAGE TO RENTED A x COMMERCIAL GENERAL LIABILITY x AGS0000804 04/01/2015 04/01/2016 PREMISES I Ea occurrence\ $ 50,000 ~ =:J CLAIMS-MADE ~OCCUR MED EXP (Any one person) $ 5,000 ~ ~ONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 n POLICY lxl :irRi= n LOG Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY PE~~~~~~~tf INGLE LIMIT ~ $ 1,000,000 B x ANY AUTO BAW56321564 04/01/2015 04/01/2016 BODILY INJURY (Per person) $ ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS f---AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS rPer accident\ -f--- $ x UMBRELLA LIAB ~OCCUR EACH OCCURRENCE $ 4,000,000 f--- D EXCESS LIAB CLAIMS-MADE 273013160 04/01/2015 04/01/2016 AGGREGATE $ 4,000,000 OED I x I RETENTION$ 10000 $ WORKERS COMPENSATION x I WCSTATU-1 [OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER c Y/N GUWC601356 04/01/2015 04/01/2016 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E. L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Cupertino, and its directors, officers, engineers, agents and employees are named as additional insured per GL form CG2010 & CG2037 attached Re: Stevens Creek Blvd At Perimeter Rd Turn Pocket Extension Project CERTIFICATE HOLDER CANCELLATION CITCUPE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Ave Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE I r~ 9 ~-r---·· . :",,t..J.l. ; ;w~~~ !lJ © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD