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15-138 J.J.R. Construction Inc., 2015 Reconstruction of Curbs, Gutters, and Sidewalks Project 2015-26RECORDING 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 DOCUMENT: 23251081 II 111 II 1.111111111111111111 REGINA ALCOMENDRAS SAN TA CLARA COU NT Y RECORDER Recorded at the request of c it y Fe es . Taxes . Copies . AMT PAID Pages: 3 5 .00 5 00 RO E fl 025 3/22 /2016 8:26 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION CITY PROJECT NAME: 2015 Reconstruction of Curbs, Gutters and Sidewalks (City Project No. 2015-26) JQ Original 0 For Fast Endorsement "NO FEE" 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 March 16, 2016 for CITY PROJECT NAME: 2015 Reconstruction of Curbs, Gutters and Sidewalks (City Project No. 2015-26) and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on March 16, 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: March 21, 2016 Lauren Sapudar Senior Office Assistant CUPERTINO Recording Requested By: When Recorded Mail To : City of Cupertino 10300 Torre Ave . Cupertino, CA 95014 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 95014 . 4 . The nature of owner 's interest in the project is : _ Fee Ownership Lessee _X_ Other: R ight of way on various streets 5. Construction work on the project performed on the owner's behalf is generally described as follows: City Project Name: 2015 Reconstruction of Curbs , Gutters and Sidewalks City Project No .: 2015-26 6 . The name of the original contractor for the project is : J .J .R. Construction, Inc . 7. The project was completed on : March 16 , 2016 . 8 . The project is located at: Various streets in Cupertino , CA _________ _ 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 fa cts stated in this notice are true and correct. 2 / 'Z-l I I l9 ; Santa Clara County ~~....:::::~P· ~==~~=====------ Date and Place ~ Timm Borden D irector of Publi c Works a nd City Eng ineer CUPERTINO PUBLIC WORKS DEPARTMENT Timm Borden, Director CITY HALL 10300 TORRE AVENUE -CUPERTINO, CA 95014-3266 (408} 777-3354 -FAX (408) 777-3333 FY 15/16 RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS PROJECT 2015-26 CHANGE ORDER NO. 1 Contractor: JJR Construction Inc 1120 Ninth Ave San Mateo, CA 94402 ltem/Descrletion A/B 1. Remove and Replace 4" Sidewalk (1-19) A/B 2.1 Driveway Detail -Detached Sidewalk (1-20) A/B 2.2 Driveway Detail -Monolithic Sidewalk (1-21) A/B 3. Remove and Replace Curb & Gutter (1-16 Type A2-6) A/B 4. Remove and Replace Rolled Curb & Gutter (1-16 Type E} C1. Remove Park Strip Improvements 02. Remove Median Island Flatwork C3. Valley Gutter (1-18) C4. Depressed Curb Ramps (Caltrans Detail ABBA) 4A. Depressed Curb Ramps (CASE A) 48 Depressed Curb Ramps (Case B) 4C Depressed Curb Ramps (Case C) 40 Depressed Curb Ramps {Case D) 4E. Depressed Curb Ramps ( Case E) 4F Depressed Curb Ramps {Case F} 4G Depressed Curb Ramps {Case G) C5. Upgrade Existing Curb Ramps C6. Retaining Curb (outsideoframp bordergrooves) C7. Root Barrier C9. Reconstruction of Catch Basin fop C10. Asphalt Replacement (6" Placement) Unit S.F. S.F. S.F. L.F. L.F. S.F. S.F. S.F. EA EA EA EA EA EA EA EA LF LF EA TN Unit Cost $11.75 $12.75 $12.75 $50.00 $50.00 $3.50 $0.00 $21.00 $2,800.00 $3,100.00 $2,800.00 $2,800.00 $2,800.00 $2,100.00 $0.00 $400.00 $10.00 $100.00 $1,500.00 $335.00 TOTAL CHANGE ORDER 1 QTY Total Cost 8,884 $104,389.94 6,949 $88,599.75 ·945 ($12,048. 75) 1,926 $96,305.00 -182 ($9, 100.00) 433 $1,513.75 0 $0.00 784 $16,464.00 0 $0.00 -8 ($22,400.00) .33 ($102,300.00) -35 ($98,000.00) ·2 ($5,600.00) ·2 ($5,600.00) .9 ($18,900.00) 0 $0.00 -2 ($800.00} ·984 ($9,840.00) -30 ($3,000.00} .3 ($4,500.00) 153 ffi51,214.80 $66,398.49 PO #2016-251 Orignial Contract Amount TotalCCOl Revised Contract Amount Approved By: City of Cupertino Rogery6 $664,156.75 $ 66,398.49 $730,555.25 Assistant Director of Public Works Date: ~ Contractor: TJ" l<.ConsrrtJ(T/0'71 1 ]i1c. ~;e¥?~ Signature Narne_~,_,,__~c~l~R~J_,_62=e.~~1~~0"'-=s~CJ'--~ Title.--S.fw~· -4-/d-'.lol/LL...__,,./,'.<-C, ~ ..... .a~/..____ Date._~'-r~~t>"--t/~;:~p ___ _ ~I Project No. 2015-26 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated tllis 1tr;~ay of /4~~ , 2015, by and between J.J. R. Construction, Inc, whose place of business is located at 1120 Ninth Ave, San Mateo:: A 94402 ("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 ]1h day of July, 2015 awarded to Contractor the following Project: PROJECT NUMBER 2015-26 2015 RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS NOW, THEREFORE, in consideration of the mutual covenants hereinafter set fotih, 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 Roger Lee, Assistant Director of Public Works, 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 linlitation, all releases and inde1rulities. 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 c01runences 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 working days 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 City of Cupertino 00520 - 1 Contract 2015 Reconstruction of Curbs, Gutters and Sidewalks Project No. 2015-26 accordance with the Contract Documents. Consistent with Document 00700 (General Provisions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2. l $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 $75 per Calendar Day for failure to remove concrete from a work area within the same calendar week. 3.2.3 $75 per Calendar Day for failure to replace asphalt to finish grade within 30 calendar days. 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-parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Provisions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. City of Cupertino 00520 - 2 Contract 2015 Reconstruction of Curbs, Gutters and Sidewalks Project No. 2015-26 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be perfonned 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 00002 Signature Page Document 00003 Project Directory Document 00012 Caltrans/City Cross-Reference Table Document 00100 Advertisement For Bids Document 00200 Instructions to Bidders Document 00210 Indemnity and Release Agreement Document 00400 Bid Form Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00520 Contract Document 00530 Insurance Forms Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Traffic Control Requirements Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specifications Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Provisions). City of Cupertino 00520 - 3 Contract 2015 Reconstruction of Curbs, Gutters and Sidewalks Project No. 2015-26 Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department oflndustrial 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 parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference( or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice oflaw rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title I, Division 3.6, Part 3, Chapter 5. City of Cupertino 00520 -4 Contract 2015 Reconstruction of Curbs, Gutters and Sidewalks Project No, 2015-26 IN WITNESS WHEREOF the paities have executed this Contract in triplicate the day and year first above written. 2015 RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS CITY: CITY OF CUPERTINO, a Municipal Corporation of the State of California City Clerk: Grace Schmidt H ~j Ap]Jfove \as to fonn by City Attorney: \~~- tty-· ttomey: Carol Korade I hereby certify, under penalty of perjury, that Timm Borden, Director of Public Works of the City of Cupertino was duly authorized to execute this document. David Brandt, City Manager of the City of Cupertino, a Municipal Corporation of the State of California Designated Representative: Name: Roger Lee Title: Assistant Director of Public Works Address: 10300 Torre Ave., Cupertino, CA 95014 Phone: 408-777-3269 Facsimile: 408-777-3354 AMOUNT: $664,156.75 ACCOUNT NUMBER: Pff)~~=9-0f>"96'5- ACCOUNT NUMBER: ;). 70 -et;--(! ') 0 Cf Ot, .. C/ "l-).. FILE NO.: 50,355.00 CONTRACTOR: JJ" R Cons True Tl on / Tn::: By: ~ R~cJ s§/ir_ [Signature] ~Los f219-~-- rP1ease print name here] Title: //,(R P1t11J ' ~ [If Corporation: Chairman, President, or Vice President] By:~~~~~~~~~~~~~~~ [Signature] [Please print name here] Title: __ :----------------- [If Corporation: Secretary, Assistant Secretmy, Chief Financial Officer, or Assistant Treasurer] !a l;;t>-6 ~Q: .__,,_/!-~- State Contractor's License No. Classification 2g1~2--­~~~ Taxpayer ID No._f!.L_ :::f/ 7 / / ';12- Name: eo. .... 10.r £~o.ro Title: Ji...i.,PAt,s. •i+f Address: JJ.iZO J/:n ft frt/fd? P-l. SM.1~7?6 Phone: @..)() 3 ¥3 61()9 > Facsimile: 65Zf3Y3_b.:l. () Z ·" NOTARY ACI<NOLF.DGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND l•EDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRE!) END OF DOCUMENT City of Cupertino 00520 -5 Contract 2015 Reconstruction of Curbs, Gutters and Sidewalks 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 CalifoJinia , /l;:;--/D{) ) CountyofSftfiJMn lCJV, ) on. OJf 1-~,/J> betore me, Alexis Gar~ota. Roma~, Notary ... Pub!ic ( Date · Here lnserl Name and Title of the Officer personally appeared CARLOS RAPOSO who proved to_ me on 'the basis of satisfactory evidence to be the person(i) whose name(aj is/afe subscribed to the within instrument and acknowledged to me that he/~e/tf:;rey executed the same in his~/t~r authorized capacity(l,{i!r.S), and that by his/t}l9r/tl}eir signature~) 0.11 the instrument the person~), or tlfe entity upon behalf of which the person(;D) acted, executed the instrument. !llllllllflllfflllllllllllllllltlflJllHIJlllllllllllllllJlllllllllllllJUlllllllllllllllll• ~ · . ·A[E)(IS 'GARZOTA ROMAN § ~ COMM. # 2G8072o ~ ff NOTARY PUBLIC-CALIFORNIA ~ § AlAr,.1EDATOUNTY s § My Comm. Exp, Sept. 05, 2018 § •1111111111111111111111111111111111111111111111111111111111111111111111l111111111111111111ii Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Cafifornia that the foregoing paragraph is true and correct. · WITNESS my hand and official seal. Signature /!J/Ji ·· -~ ~atureNOtafi~ ~~~~~~~~~~~~~~-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. Descrip1tio1r11 of Ati::aiclhiedl DtiicHJJmell'Ut Title or Type of Document: Document Date: Number o-r Pages: SignE!r(s) Other Than Named Above: __________ _ Caipacnty(ies) Cff aimed /by Signeris) Signer's Name: -------· 0 Corporate Officer -Title(s): _____ _ O Partner -D limited D General IJ Individual D Attorney in fact D Trustee D Guardian or Conservator [J Other:------------- Signer Is Representing:--------- Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ LJ Partner -O Limited O General D l'ndividual D Attorney in Fact D Trustee D Guardian or Conservator D Other: -------------- Signer Is Representing: ________ _ &~~~,~~"§:~'%W..@~'§¥~'%~~'g(),"§<>~.~'®.._~~~~%~~m~~':\'P&~<,'~~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1~800-876-6827) Item #5907 I i Project No. 2015-26 SCHEDULE OF BID PRICES All Bid items, including lump sums and unit prices, must be filled in completely. Quote in figures only, unless words are specifically requested. Specialty Items are identified on the Bid Form in the description. 2. Remove and Replace Driveway Approach 2.1 Driveway Detail-Detached Sidewalk (1-20) 2.2 Driveway Detail-Monolithic Sidewalk (1-21) 3. Remove and Replace Curb & Gutter (1-16 Type A2-6) 4. Remove and Replace Rolled Curb & Gutter (J-16 T e E) 1. Remove and Replace 4" Sidewalk (1-19) 2. Remove and Replace Driveway Approach 2.1 D1iveway Detail-Detached Sidewalk (1-20) 2.2 Driveway Detail-Monolithic Sidewalk (1-21) 3. Remove and Replace Curb & Gutter (1-16 Type A2-6) 4. Remove and Replace Rolled Curb & Gutter (1-16, T eE ~~~ l. Remove Park Strip Improvements 2. Remove Median Island Flatwork 3. Valley Gutter (l-18) 4A. Depressed Curb Ramp (Caltrans Type A) 4B. Depressed Curb Ramp (Caltrans Type B) 4C. Depressed Curb Ramp (Caltrans Type C) 4D. Depressed Curb Ramp (Caltrans Type D) 4E. Depressed Curb Ramp (Callrans Type E) -~ F. Depressed Curb Ramp (Caltrans Type F) 5. Upgrade Existing Curb Ramps 6. Root Barrier 7. Retaining Curb (outside of ramp border grooves) City of Cupe1iino 2015 Reconstruction of Curbs, Gutters and Sidewalks Addendum 1 S.F. 300 S.F. 200 L.F. 800 LF. 182 S.F. 3000 S.F. 700 S.F. 745 L.F. 1100 S.F. 7312 S.F. 0 S.F. 550 EA 30 EA 40 EA 47 EA 2 EA 2 EA 13 EA 2 EA 30 L.F. 1300 00400 -4' ,1) //· 15" jJ.75" /,2. ?S- ( tJ(). ()0 ;!!PO. oO ,; 7 3 p{), (}() //?,(). oO /0. oO Bid Form 8. Reconstruction of Catch Basin Top 9. Asphalt Replacement (6" Placement) Unit Legend LS= Lump Sum EA= Each LF = Linear Feet TON =Ton or 2,000 Pounds CY =Cubic Yards LB= Pounds City of Cupertino 2015 Reconstruction of Curbs, Gutters and Sidewalks Addendum I Project No. 2015-26 ,'.:~;}~ ;1:~i~~;~1; .;~;i:i1u.if~TE~,~::~~r EA TN 4 160 AL = Allowance SF= Square Feet 00400 - 5 Bid Form EXECUTED IN DUPLICATE DOCUIVJENT 00610 CONSTRUCTION PERFORMANCE BOND Bond No.: 4011971 Premium: $9,587.00 Project No. 2015-26 THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated July 20, 2015 , is in the penal sum of Six hundred sixty four thousand one hundred fifty si,~x~a~n~d~Z~5~11~0~0~---c---------------- ($664, 156.75) [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 Tem1s and Conditions, paragraphs 1 through 12, attached to this page. Any singular reference to JJR Construction, Inc. ("Contractor"), Great American Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: JJR Construction. Inc. Name 1120 Ninth Avenue Address San Mateo, CA 94402 City/State/Zip CONSTRUCTION CONTRACT: SURETY: Great American Insurance Company Name 301 E. 4th Street Principal Place of Business Cincinnati, OH 45202 City/State/Zip 2015 RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS PROJECT NUMBER 2015-26 at Cupertino, California. DATED July 20 20 --12_ in the Amount of $_6_6_4_, 1_5_6._7_5 _______ (the "Penal Sum") CONTRACTOR AS PRINCIPAL Company: (Co . Seal) SURETY Company: Name and Ti Name and Title: Mark C. Johnson, BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond. 3. If there is no City Default, Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and 3.2 City has agreed to pay the Balance of the Contract Sun1: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract.; or City of Cupertino Construction Performance Bond 2015 Reconstruction of Curbs, Gutters and Sidewalks 00610 -1 Project No. 2015-26 3.2.2 To a contractor selected to perfonn the Construction Contract in accordance with the tenns 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 perfonn 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 perfonnance 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, detem1ine 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 detennined, 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 perfonn its obligations i.mder this Bond. At all times City shall be entitled to enforce any remedy available to City at law or i.mder the Construction Contract including, without limitation, and by way of example only, rights to perfonn 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 Suni. 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-perfonnance of the Construction Contract including, but not limited to, all valid and proper backcharges, offsets, payments, indemnities, or other damages; 6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's fees incurred to enforce this Bond). City of Cupertino Construction Performance Bond 2015 Reconstruction of Curbs, Gutters and Sidewalks 00610 - 2 ProjectNo. 2015-26 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 Docrnnent 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the elate 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. l 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 perfom1 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 clue 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 Construction Performance Bond 2015 Reconstruction of Curbs, Gutters and Sidewalks 00610 - 3 CALIFORNIA ALL-PURPOSE 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 Contra Costa } On July 20, 2015 before me, Cathy A Shapard ---"---'-----, Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared __ M_a_r_k_C __ ._J_o_h_n_so_n ___________________________ _ Name(s) of Signer(s) CATHY A. SHAPARD Commission# 1960470 ~ l .. , Notary Public • California ~ z • . • Contra Costa County ~ J. ;: ~·. ~l ao~"i; tx~r:s peg L4:.2&1t( Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name(oo is/aFe subscribed to the within instrument and acknowledged to me that he/sl:+ettl=ley executed the same in his/her-ftheir authorized capacity(~). and that by his/her./.t.!:fe-ir signature(~ on the instrument the person(~ or the entity upon behaff'of which the person(~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that tile foregoing paragraph is true and correct. Witness my hand and official seal. Signature ~ /l ~ SignauTeOfNa 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 the form to another document. Description of Attached Document Title or Type of Document: Performance Bond Executed in Duplicate Document Date: _J_u~ly_2~5~,_2_0_15 _____________ _ Number of Pages: --'3'----__ _ Signer(s) Other Than Named Above: JJR Construction, Inc. Capacity(ies) Claimed by Signer(s) Signer's Name: Mq_r:~_Q. Johnson D Individual D Corporate Officer-Title(s): ______ _ D Partner D Limited D General ~ Attorney in Fact D Trustee D Guardian or Conservator D Other: --------- Signer is Representing: Great American Insurance lo.surance CompJill.Y-__ _ fRIGHT THLJrvll3PfRllNT ®F SIGIN!EfR Top of thumb here Signer's Name: --------------0 Individual D Corporate Officer -Title(s): -------· D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: -------- Signer is Representing: fRIGH10 illHLJrvl13PfRllNill OF SIGINER Top of thumb here EXECUTED IN DUPLICATE Bond No.: 4011971 Premium: Included in Performance Bond Project No. 2015-26 DOCutvIBNT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond") is elated July 20, 2015 , is in the penal swn Six hundred sixty four thousand one hundred fifty six and 75/100 ($664, 156.75) [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to JJR Construction, Inc. ("Contractor"), Great American Insurance Company ("Surety"), 1he City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: JJR Construction, Inc. Name 1120 Ninth Avenue Address San Mateo, CA 94402 City /State/Zip CONSTRUCTIO:'.'-J CONTRACT: SURETY: Great American Insurance Company Name 401 E. 4th Street Principal Place of Business Cincinnati, OH 45202 City/State/Zip 2015 RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS- PROJECT NUMBER 2015-26 at Cupertino, California. DATED July 20 CONTRACTOR AS PRINCIPAL Company: , 20~ in the Amount of$_6_64_,1_5_6_.7_5 ________ (the "Penal Sum") SURETY Company: Name and Title: Mark C. Johnso BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the perfonnance 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 swns 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 1he signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such cl aims, demands, liens or suits to Contractor and Surety, and provided there is no City Default. City of Cupertino Construction Labor and Material Payment Bond 2015 Reconstruction of Curbs, Gutters and Sidewalks 00620 -1 Project No. 2015-26 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 stm1s clue 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 clue under the Unemployment Insurance Code with respect to Work or labor perfonned 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. Am0tmts 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 tmder this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Const.ruction Contract, or to the Work to be perfonned theretmder, or materials or equipment to be furnished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bone~ 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 Clainmnt, 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 elate 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 ofthis Bond or shall pennit a copy to be made. 13. Contractor shall pay to persons perfonning labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and detennined by the Director of the State Department of Industrial Relations and City to be the City of Cupertino 2015 Reconstruction of Curbs, Gutters and Sidewalks 00620 - 2 Construction Labor and Material Payment Bond Project No. 2015-26 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 detenn ination of the prevailing rate of per diem wages to be posted at each Site. 14. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the perfonnance 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 perfomrnnce of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code §3248(b). 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. END OF DOCUMENT City of Cupertino Construction Labor and Material Payment Bond 2015 Reconstruction of Curbs, Gutters and Sidewalks 00620 - 3 CALIFORNIA ALL-PURPOSE 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 Contra Costa } On July 20, 201? __ before me, Cathy A Shapard , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Mark C. Johnson . J' 0 0 o 0 4 0 4 2AfH;:. lH1P1ffo 0 6 ·1 Commission # 1960470 ~ , , Notary Public • California ~ z · · Contra Costa County :!! J .. ·' ·, • ,Ml CZPT"i; ;x~r!s ge; L4-]21~l Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~ whose name(~ isf;;we subscribed to the within instrument and acknowlei1ged to me that he/sf.le~tF!e.y executed the same in his/her-J.~r-te+I" authorized capacity(i~), and that by his/h.@.r./#lt~Yir signature(~ on the instrument the person(~ or the entity upon behaTfof which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature ~CL~ SignatureofOt Public OPTIONAL Though the information below is not required by law1 it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document. Description of Attached Document Title or Type of Document: Payment Bond Executed in Duplicate Document Date: _J_u~ly_2~5~·~2~0~15 _____________ _ Number of Pages:_ 3 ·--- Signer(s) Other Than Named Above: _J_J_R_C_o_n_s_t.r_u_c_tio_n~l_nc_. ______________ . __ _ Capacity(ies) Claimed by Signer(s) Signer's Name: __ Mark C. John::;on D Individual D Corporate Officer -Title(s): ____ ·---- D Partner D Limited D General ~ Attorney in Fact D Trustee D Guardian or Conservator D Other: ____ _ Signer is Representing: Great American Insurance _tnsurance Compan)!..._. ___ _ Rl®Plil11IhllJMIBPRlr\Ji11 ®Ft Sl®NER Top of thumb here Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s): D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: -------- Signer is Representing: Rl®HlI lIHl.JMIBPRINil1 cm Sl®Nrn Top of thumb here GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH 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 14752 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. JOHN F. ARENTS MARK C. JOHNSON Nan1e CECIL A. COLLINS Ill PATRICK MARTIN Address ALL OF CONCORD, CALIFORNIA Limit of Power ALL $100,000,000.00 This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1 OTH day of APRIL , 2015 Attest GREAT AMERICAN INSURANCE COMPANY 4-c c. ~-~'-~ j~ Assistant Secretary Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON -ss: DAVID C. KITCHIN (877-377-2405) On this 10TH day of APRIL , 2015 , before me personally appeared DAVID C. KITCHIN, to me !mown, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he !mows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. JENNIFER MARIE RIPPV Notary Public, State of Ohio MyCommisslon &pnl .U.20,2011 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other 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 affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so 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 affixed CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 20th day of July 2015 4-cc.~-~- Assistant Secretary S102!lAE (01/15) Client#· 307587 JJRCONST ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 7/20/2015 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 CONTACT NAME: John Arents FitJ8,NN'°.,, Extl: 925-609-6500 I 11}~, Nol: 925-609-6550 HUB lnt'l Insurance Serv. Inc. E·MAIL ADDRESS: P.O. Box 4047 INSURER(S) AFFORDING COVERAGE NAIC# Concord, CA 94524-4047 INSURER A: National Fire Ins Co of Hartfor 20478 INSURED INSURER B: Continental Casualty Company 20443 JJR Construction, Inc. INSURER c : Everest National Insurance Co 10120 1120 9th Avenue San Mateo, CA 94402 INSURER D: INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: CG2010 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 ,&~MgMvvi 11&~Mg~~i LIMITS LTR INSR WVD POLICY NUMBER A GENERAL LIABILITY 4034980658 01/01/2015 01/01/2016 EACH OCCURRENCE $1 000,000 -~~~t\~J9E~~~J~P.nce\ X COMMERCIAL GENERAL LIABILITY $100,000 I-D CLAIMS-MADE [X) OCCUR I- MED EXP (Any one person) $5,000 x PD Ded:1,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 I- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2,000,000 n POLICY lil r~c?i n LOG $ B AUTOMOBILE LIABILITY 5090802572 01/01/2015 01/01/2016 COMBINED SINGLE LIMIT $1,000,000 !Ea accident\ - X ANYAUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ --x x NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident\ -I-$ B ~ UMBRELLA LIAB ~OCCUR 5090802586 01/01/2015 01/01/201€ EACH OCCURRENCE $5 000 000 EXCESSLIAB CLAIMS-MADE AGGREGATE $5 000 000 DED I xi RETENTION $10000 $ c WORKERS COMPENSATION 7600014187151 01/01/2015 01/01/2016 x 1:pi~"~.T6W;:~ I l~JH- AND EMPLOYERS' LIABILITY y JN $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 /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: JJR Job No. 15-19, Project #2015-26, 2015 Reconstruction of Curbs, Gutters and Sidewalks. The City of Cupertino and its directors, officers, engineers, agents and employees, as additional insured including Primary wording applies to General Liability per attached G140331C-1010 and additional insured including Primary Wording applies to Auto Liability per attached CNA63359XX-0412. Waiver of Subrogation applies to Workers Compensation per attached WC040306, all as required by written contract. CERTIFICATE HOLDER CANCELLATION City of Q!Ji:>ertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ' THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Ave. Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE I ~ © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3617133/M3298796 GS41 C'NA 4034980658 G-140331-C (Ed. 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section II -Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the "written contract"; or c. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products-completed operations hazard," and only if: (1) The "written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. Required by the "written contract"; b. Described in 8.1. above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the "written contract," this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an G-140331-C (Ed. 10/10) Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1of2 C'NA 4034980658 G-140331-C (Ed. 10/10) additional insured on another endorsement attached to this Coverage Part. C. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph 8.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non- contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non- contributory except when rendered excess by endorsement G-140331-C, or when Paragraph b. below applies. D. Only for the purpose of the insurance provided by this endorsement, SECTION V -DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage"; or b The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part. G-140331-C (Ed. 10/10) Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2 5090802572 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT -BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section II -Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage -Hitting A Bird Or Animal -Falling Objects Or Missiles The following is added to Section Ill, Paragraph A.3.: With respect to any covered "auto", any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section Ill, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to CNA63359XX (Ed. 4/12) Copyright, CNA Corporation, 2000. Includes copyrighted material of the Insurance Services Office used with its permission. Page 1 of 3 5090802572 b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section Ill, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section Ill. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: . a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned "autos". e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." E. Airbag Coverage The following is added to Section Ill, Paragraph 8.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section Ill, Paragraphs 8.4.c and 8.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section Ill, Paragraph 8.6.: Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV). Ill. Drive Other Car Coverage -Executive Officers The following is added to Sections II and Ill: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or CNA63359XX (Ed. 4/12) Page 2 of 3 5090802572 b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered "auto"; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an "accident" or "loss". C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss". E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of cove_rage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. CNA63359XX (Ed. 4/12) Copyright, CNA Corporation, 2000. Includes copyrighted material of the Insurance Services Office used with its permission. Page 3 of 3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 0403 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premimn for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS W AIYER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 01/01/2015 Policy No. 7600014187151 Endorsement No. 001 Insured: JJR Construction, Inc. Premium $ INCL. Insurance Company: Everest National Insurance Company Countersigned By:-------------------------- -1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual -1999. 5