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17-125 Asphalt Impressions, Inc., 2017 Speed Bump Recoating Project, Project No. 2017-118CITY OF CUPERTINO CONTRACT VD ii ~ t 1--SJ 3 Project No . 2017-118 Fo r Public Works Projects of $45,000 or Less Th is public works contract ("Contract») is entered into by and between t he City of Cupertino, a mu nicipa l corporation ("City"), and Asphalt Impressions Inc, a corporation ("Contractor"), pursuant to P ublic Contract Code Section 22032 , for work on t he 2017 Speed Bump Recoating Project ("Proj ect''). 1. SCOPE Of WORK Contractor will perform and p rovide all labor, materials , equipment, supplies, transportation , and any and all other i tems or services necessary to perform and complete the work requi red for the Project ("Work'\ as specified in Attachment A, Scope of Work, and according to the terms and conditions of th is Contract , inc luding all attachments to the Contract and any other documents and statutes incorporated by refe rence. To the extent that any attachment contains provisions that conflict or are incons istent with the terms set forth i n the body of th is Contract, the Contract t erms will co ntrol. 2. T IME FOR COMPLETION The City Engineer will not iss ue Contracto r a written notice to proceed ("NTP") with the Work for the Project until tl1e Co nt ract is fully executed by bot h partie s a nd City has received all insurance documentation pursuant to Section 13 below and any required bonds , if applicable, pursuant to Section 14 below. Contracto r must fully complete the Work within 35 working days from t he commencement date g iven in the NTP ("Contract Time"). Time is of t he essence for completion of the Work withi n the Contract Time. 3 . COMPENSATION AND PAYMENT For satisfactory completion of th e Work, performed in full compliance with this Contract, City will pay Contractor $26 ,386 .50. Contracto r m ust submit an invo ice on the first day of each month during the Contract T im e for the Work perfor med during th e preceding mont h, item izi ng labo r, materials, equ i pment an d any i ncidental costs incu rred . C ity will pay Contractor 95°/o of the undisputed amount(s) billed, with i n 30 days after City's receipt of each properly submitted invoice . Any und isputed retention will be released and incl uded with the final payment to Contractor within 60 days afte r City accepts the Work for the Project as comple te. Contractor warrants that title to all work, materia l s and equipment incorporate d in to the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor. Payment and p erformance bonds are required for this Contract if the Contract Price is $25,000 or more. Public Wort(s Contract May 2017 2017 Speed Bump Recoating Project Page 1 Proj ect No . 2017-115 4 . LIQUIDATED DAMAGES If Contractor fails to complete the Wo rk with in t he Contract Time , Contractor must pay liquida ted damages in the amount of $100.00 per day for each day of unexcused de lay ln completion . The liquidated damages amount is based on the reasonab ly foreseeable consequences of delay, which may include actual costs lncurred by City due to the delay as well as intangible damages, includin g loss of or interference with use of pub lic property or inconve nience to the public. Unavoidable delay ca used by una nticipated events or circumstances wh ich are entire ly outside of Co ntracto r's control may be excused, provided Contracto r gives City prompt written no tice of any such delay , but excused de lay will not entitle Contractor to additional compensation , subject to the limits of Pu bl ic Contract Code Section 710 2 . City may deduct li qu idated damages from payment due or to become due to Contractor under this Contract. 5. LICENSES AND PERMITS Contractor must possess a California Contractor's License in goad standing for the following classification(s): C-32 . Contractor must also obtain a City busi ness lice nse before beginning Work on the Pro je ct. Contractor is solely responsible fo r obtaining any required building permits or similar governmental authorizations fo r the Work , at Cont ractor's sole expense. 6. LABOR CODE COMPLIANCE Unless the Contract Price is $1 ,000 or less , the Contract is subject to all app licable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code , beg inning at Section 1720, and the related regulations , includi ng but not lim ited to requirements pertaining to wages, working hou rs and workers' compensation insurance . The Wo rk is subject to compliance mon itor ing and enforcement by the Department of Ind ustria l Relat ions ("DIR ") pursuant to Labor Code Section 1725.5 , and Contracto r and any subcontractors mus t be regis tered wit h the DIR to perform public works projects . Contractor must also post all Job site notices requ ired by laws or regula t io ns pursuan t to Labor Code Sectron 1771 .4 . A. Prevailing Wages. The Cont ract is subject to the prevailing wage requirements applicable in Santa Clara County for each craft, classification or type of worker neede d to perform the Work, including but not limited to employer payments for health and welfare, pension, vacation , and apprenticeship . The prevailing wage rates are on file wi th the City Eng ineer's office and are ava ilabl e online at http://www.di r,ca.gov/D LSR. Pu rs uant to Labor Code Section 1775, Contractor and any subcontractor will forfe it to City as a penalty up to $200 for each calendar day , or portion of a day, for each worker paid les s tha n the applicable prevai li ng wage rate, in add it ion to paying each wo rk er the difference between t he applicable wage ra te and the amount actually paid . Pub lic Works Co ntract May 20 17 2017 Speed Bump Recoating Project Page 2 Project No . 2017-115 B. Working Day. Pursuant to Lab or Code Section 1810, eight hours of labor consists of a legal day's work. Pursuant to Labor Co de Sect ion 1813, Contractor will forfeit to C ity as a penalty the sum of $25 for each day d uring wh ich a worker emp loyed by Contractor or any s ubcontractor is requ ired or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, un less such workers are pa id overtime wages under Labor Code Sect ion 1815. All Work must be carried out during regular City working days and hou rs un less otherwise specified in Attac hment A or aut horized in writing by City . C. Payroll Records. Contractor and its s ubcontractors mus t ma intain certified payroll records in compliance with Labor Code Sections 1776 and 1812, and all imp lement ing regulations promu lgated by the DIR. For each payroll record , Contractor and its subcontractors must certify under pe nalty of perjury that the information in the record is true and correct, and that it has compl ied with the requirements of Labor Code Sections 1771, 1811 and 18 15. Contractor must subm it certifi ed payroll records to the Labor Commiss ioner as required under Cal ifornia law and regulations . D. Apprentices . If the Contract Price is $30 ,000 or more, Contractor must comply w ith the apprenticeship requirements in Labo r Code Section 1777.5. E. Workers ' Compensation Certification. Pursuant to Labor Code Sect ion 1861 , by sign ing this Contract, Contractor certifies as follows : "I am aware of the provis ions of Labor Code Section 3700 wh ich require every employe r to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code , and I will comp ly with such provisions before commencing performance of the Work on this Co ntract." 7. AMENDMENTS ANO CHANGE ORDERS The provisions of this Contract may not be mod ified except by a written amendment or change order that is duly authorized and executed by both City and Contractor. Any Contracto r request for a change order must be subm itted in writing , specifica lty identifying the proposed change to the Contract and the Work, and the proposed adjustment, if any, to the Contract Price or the Contract Time . Each such request must be accompanied by all substant iating documentation, including, but not limited to , the drawings , detailed cost estimates, and schedule analysis for the change orde r. 8-STANDARDS AND COMPLIANCE Contractor will use its best efforts to complete the Work in a professiona l Pub tic Works Contract May 201 7 2017 Speed Bump Recoati ng Proj ec t Pag e 3 Project No . 2017-115 and expeditious manner, In compliance with this Contract and all applicable permit requ i rements. Contractor's workmanship must meet or exceed all applicable standards and must comp ly with all applicable local , state , and federal laws, regula tions , rules , and requirements , including C ity ordinances . By executing this Contract, Contractor warrants that all Work will be performed by a qualified and experienced workforce , a nd that neither Contractor nor its subcontractors or employees are employees of City or have any othe r relationship with City officia ls, employees or consultants that would create an unlawful conflict of interest. 9 . INDEPENDE NT CONTRACTOR City and Contractor intend t hat Contractor will perform t he Work under this Contract as an independent contractor. Contractor is sole ly responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health ; retirement or any other employee benefits from City. 10 . IMMIGRAT ION REFORM AND CONTROL ACT £'1JRCA") Contractor is solely responsible for verif y ing the identity and employment authorization of all o f its employees and subcontractors performing the Work, pursuant to the IRCA or similar federal or state rules and regulations governing employment of immigrants. Contractor must indemnify and hold City harmless from and agai nst any loss , damage, liabi lity , costs or expenses arising from Contractor's failure to comply with t his section. 11 . NON-DISCRIMINATION Discrimination against any prospective or present employee of Contractor because of race, color, ancestry natio nal origin, ethnicity, religion , sex, sexual orientation , age, disability o r marita l status is strictly prohibited. Contractor, its employees and its subcontractors , mus t comply with all app li cable local , state and federal nondiscrimination laws , includ ing but no t l im i ted to the California Fair E mp loyment and Housing Act , Government Code Section 11135 a nd Labor Code Sections 1735 and 3077 .5. Any violation: of th i s section constitute s a materia l breach o f this Contract. 12. INDEMNITY To the fullest extent allowed by law , Contractor must indemnify, defend, and hold harm less City, its City Council, boards and commissions, officers, officials, agents, employees, consultants and volunteers (individually , an "lnd emn itee," and collective ly , th e "lndemnitees") from and against any and all Public Works Contract May 201 7 20 17 Speed Bump Recoating Project Page4 Project No . 2017-115 liabi.lity, claims, stop notices, actions, causes of action , demands, losses, damages, and expenses (including legal expenses) whatsoever, including li ability arising from an injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or re lated to the performance of this Contract or the Work (collectively , uliabilitl), including failure to comply with any obligations herein by Contracto r or Contractor's directors , officers, offi cials, employees , agents or subcontractors . This indemn ity obligation does not extend to Liability caused by the active negligence, sole negl igence, or willful misconduct of an lndemnitee{s). Contractor's failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City w i ll timely notify Contractor upon City's receipt of any third-party claim relating to the Contract, as requ i red by Public Contract Code Section 9201 . No lndemnitee wifl be personally liable to Contractor or Contractor's directors, officers, officials , employees, agents or subcontractors for any Liability. Contractor•s indemnity obligatio ns under this Contract are not limited by any limitati on of the amount o r type of damages or compensation payable under the workers' compensation laws or other employee benefit statutes , or by the insurance coverage or bond limits required under this Contract, and will survive the expiration or any early termination of the Contract. 13. INSURANCE Contractor must maintain the insurance cove rage required i n th is section t hrough the date of City 's acceptance of the Work. The coverage must include the policy types and limits specified below , insu r ing against claims for injuries to persons or damages to property that may arise or relate to Contractor's performance under the Contract. City will not execute the Contract and issue the NTP until Contractor has submitted to C ity satisfactory certificates of insurance and endorsements, evidencing the type , amount, class of operations covered, and the effective dates and dates of expiration of the insurance coverage required below. The insurance must be issued by a company or companies acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best's financial strength rating of "A" or better and a financial s ize rating. of "VII" or better. If Contractor fails to provide or maintain any of the required i nsurance coverage, City may, in its sole discretion and w i thout prior notice to Contractor, purchase such insurance at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract for default. A . Required Policies and Limits. The following insurance pol icies and lim its are required for this Contract, unless otherwise specified in Attachment A: (1) Commercial General Liability ("CGL ") Insurance : The CGL Public Works Contract Ma y 2017 2017 Speec;f Bump Recoaling Project Page5 Project No . 2017-115 policy must be issued on an occurrence basis , written on a comprehensive general liability form , and must i nclude coverage for liability arising from Contractor's or its subcontractor's acts or om issions in the performance of the Work, including contractor's protected coverage, blanket con tractual, completed operations, vehicle coverage and employer's non -owne rsh i p liability coverage, with limits of at least $2 ,000 ,000 per occurrence and $4 ,000 ,000 in the aggregate. The CGL policy must protect against any and all liab ility for personal injury, death, or property damage or dest r uction aris ing di rectly or indirectly rn the perfo rmance of the Contract. The CGL coverage may be arran ged under a s ingle policy for th e fu l l limits required or by a combi nation of underlylng policies wi t h the bala nce prov ided by excess or umbrella po licies, provided each such policy complies with the requ irements set forth in this Contract. (2) Comprehensive Automobile Liability Insurance : Th e automobi le liability policy must be issued on an occurrence basis , with limi ts of at least $1,000,000 per occ urrence for bod ily i nju ry and $1,000,000 pe r occurrence for property damag e, or combined single limit of $1,000,000 per occurrence , cov e ring own ed , non ~ owned and hired au tomobi les . (3) Workers ' Compensation Insurance and Employer's Liability Insurance : The workers ' compensatio n an d employer's liabi lity policy or policies must comp ly with the requirements of th e California Workers' Compensa ti on Insurance and Safety Act, provid ing coverage of at least $1,000 ,000 or as otherwise requ ired by the sta t ute . If Contractor is self-insured , Contractor must provide its Certificate of Per m iss ion to Se lf-I nsure , du ly au t horized by the DIR 8 . Builder's Risk Insurance. Contractor must provide builder's risk insura nce onl y if the box be low is checked . D Builder's Ris k cov e rage is required for this Contact. The bui lder's risk policy m ust be lss ued for course of constructi on on an occ ur ren ce basi s, for all-risk coverage on a 100% comple ted value basis on the insurabl.e po rti on of t he Project fo r the be nefit of City , and name the City as a los s payee as its inte rest may appea r. If the ProJect does not invo lve new or majo r recons truction , t he City may elect, acting in its sole discretion , to accept an installation fl oate r pol icy instead a.f builder's risk . The installation f loater po licy must provide prop erty damage cove rag e for any buildi ng, str ucture, machi ne ry , or equipm ent da mag ed, impa ire d , broken, or des troye d du ring the performance of the Work, in cluding duri ng t ra nsit, in stallatio n, and testing at t he Ci ty's site. Public W orks Contract Ma y 20 17 20 17 Sp eed Bump Recoa ting Project Page6 Project No. 2017 -115 C. Additional Insureds. City, including its City Counci l , boards and commissions, officers , officials , agents , employees , consultants and volunteers , must be named as additional insureds under Contractor's i nsurance policies required under this section, except under the worke r's compensation pol icy . The naming of an additional insured will not affect any recovery to which the additional insured would be entitled to under the policy if not named as an additional insured . A n additional insured will not be held l iable for any prem i um , deductible portion of any loss, or expense of any nature under the pol icy or any extension t hereof. Any other insurance held by an additional ins ured will not be re qu i red to contribute anything toward any loss or expense covered by Contractor's in sura nce . D. Notice. Each certificate of insurance must state t hat the coverage afforded by the poHcy or policies is in force and will not be reduced, cancelled o r allowed to expire without at least 30 days advance wrrtten notice to City, unless due to non -payment of premiums, in wh ich case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. E. Waiver of Subrogation. Each required policy must include an endorsement providing that the carrie r agrees to waive any right of subrogation it may have against City . F. Required Endorsements. The CGL pol icy, the automobile l iabil ity policy and the builder's risk o r installation f loa ter policy, if required , m ust include the following endorsements: ( 1) The inclusion of more than one insured will not operate to impa ir the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured . (2) The insura n ce provided is primary and no in surance held or owned by City may be called upon to contribute to a loss _ (3) This pol icy does not exclude explosion, collapse, underground excavation hazard , or removal of lateral support. G. Forms of Certificates of Insurance and Endorsements. Each certificate of insurance and endorsement must provide the name and policy number of each carrier and pol icy , using a form and format acceptable to City . H_ Subcontractors. Contractor must ensure that each subcontractor ma i ntains the same i nsurance coverage required under this section with respect to its performance of Work on the Project , includ ing those requ irements related to Pub li c Works Co ntract May 20 17 201 7 Speed Bump Recoati ng Pro j ect Page 7 Project No . 2017-115 the naming of additiona l insureds and waivers of subrogation . 14. BONDS If the Contract Price is $25,000 or more , City will not execute the Contract and issue the NTP until Contractor has provided City with a payment bond and a performance bond for the Work, each in the penal sum of not less than 100% of the Contract Price , using the bond forms Included in this Contract under Attachment B, Bond Forms . Each bond must be issued by a surety admitted in California . If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City, within seven ca lendar days after written notice from City . If Contractor fails to substitute an acceptable surety within the specified time, City may, in its so le discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract for default. 15. ASStGNMENT AND SUCCESSORS Contractor may not transfer or assign its rights or obligations under this Contract, in part or in whole, without City's prior written consent The terms and conditions of this Contract are binding on Contracto r's heirs , successors , and assignees. 16 . SUBCONTRACTORS Contractor may use qualified , competent subcontractors to perform up to 25% of the Work under this Contract, provided each subcontract expressly requires the subcontractor to be bound by the provisions of this Contract, including, but not limited to , the indemnity and ins u rance requirements. City reserves the right to reject any subcontractor of any tier, and to bar a subcontractorfrom performing further Work on the Project. if City , acting in its sote discretion , determines that the subcontractor's performance or failure to perform does not meet the requirements of this Contract, or for any of the reasons set forth in Public Contract Code Section 4107. If City rejects a subcontractor pursuant to this section , Contractor must eithe·r self-perform the Work of that subcontractor or replace the subcontractor with one that is acceptable to City , at no additiona l cost to City . 17. UTILITtES. TRENCHING AND EXCAVATION A Contractor must call the Underground Service A lert ("USA") 811 hotline for marking of utility locations before d igging. For underground service alerts for City street lighting and traffic signal conduits, Contractor must also. before commencing any Work, call the City of Cupertino Service Center at (408) 777-3269. Pl.lb li e Works Cont ra ct May 201 7 201 7 Speed Bump Re coating Proj ect Page 8 Project No . 2017 -115 B. As required by Government Code Section 4215 , if, while performing the Work , Contractor d i scovers utilities or utility faci lit ies not id entified by City , Contracto r must immediately provide written notice to City and to each known util ity . C. As required by Government Code Section 7104, Contractor must promptly notify City in writing if Contractor finds any of the three conditions listed be low, and wait fo r further direction f rom City before disturbing such cond ition(s). Follow ing such notice , City will promptly investigate and if City finds that one or more of t he follow ing t hree conditions is or are present and t hat the presenters of any such condition will cause a decrease or increase in Contractor's cost of or time requ ired for performance of the Work , City will amend t he Contract Time or Contract Price for the Wo rk as required by law : (1) Materia l that Contractor bel ie ves may be a hazardo us waste as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II , or Class Il l disposa l s ite in accordance with the law ; (2) Subsurface or latent physica l conditions at the Project worksite differing from those indicated by information about the worksite made avaifable to Contractor; and (3) Unknown physical conditions at the Project worksite of any unusual nature. materially different from those ord ina rily encountered and from those gene rally recognized as inherent in t he character of the Work . D. As required by Labo r Code Section 6705, if the Contract Price exceeds $25 ,000 and the Work includes the excavatio n of any tren ch or trenches of five feet or more in depth , a detailed plan must be sLrbmitted to City , or its civil or structural engineer, for acceptance in advance of the excavation . The detailed plan must show the design of shoring, bracing, s lop ing , or othe r provisions to be made for worker protection from the hazard of caving ground durrng the excavation. If the plan varies from the shoring system standards, it must be prepared by a registered civH or structural eng ineer. Use of a shoring, sloping, or protective system less effective than that required by the Constructio n Safety Orders is prohibited. 18 . DAILY REPORTS Contractor must ma intain daily reports on the Work and submit them to City upon completio n of the Project. or at any ti me upon request by City. Each da ily report must describe : the Work performe d that day ; t he number of workers perform ing the Work and ho urs worked; the equipment and hou rs of labo r used Public Works Co ntra ct May 2017 20 17 Speed Bump Recoaling P ro ject age 9 Project No _ 2017-115 for each task ; a descripti on of weathe r conditions ; and any circumstances affecting the planned progress of the Work. All such reports are the exclusive property of City , but Contracto r is permitted to retain copies of the daily reports for its records . 19. RECORDS Unless otherwise specified in Attachmen t A , Contractor must maintain and update a separate set of as -bu ilt drawings while the Work is being performed, showing any changes from the Work as planned in Attachment A, or any drawings incorporated into this Contract. The as -built drawings must be updated as changes occur, on a daily basis if necessary . Actual locations to scale must be identified on the as -built drawings for all major components of th e Work, includ in g bu t not limited to , as applicable : mechanical, electrical and pl umbing work; HVAC systems; utilities and util ity connections ; and any other components Ci ty determines shoufd be included in the final record drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs, including but not limited to p iping , conduit, ductwork, and dra in lines , must be shown by dimens io n and elevation . 20. NOTICES All n ot ices , demands, re quests or approvals under this Contract must be given o r made in writing and sent to the other party by personal del ivery , U .S . Mail, a reliable overnight delivery service, facsimile, or by email as a PDF (or comparable) file . Notice is deemed effective upon de livery unless otherwise specified . Notice for each party must be g iven as follows : City: City of Cupertino 10300 T orre Avenue Cu,pertino CA 95014 Attention: Jo Anne Johnson Contractor: Asphalt Impressions Inc. 8150 37th Aven ue Sacramento, CA 95824 Attention : Jim Previte 21 . URBAN RUNOFF MANAG EM E NT Public Works Contract May 2017 2017 Spee d Bump Reco ating Pro ject Page 10 Project No . 2017-115 Al l Work on the Proj ect must fully comp ly with federa l, state , loca l and City regulations concerning stormwater management. Contractor must avoid creating excess dust when breaking asphal t or concrete and during excavation and grading . If water is used for dust control , Contractor will use only t he amount of wate r necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets , gutters and storm drains. Contractor will also develop and implement erosion and sediment controls to prevent po ll ution of storm drains. Contractor must imp lement these controls prior to the start of the Work , upgrade them due to weather conditions or as otherwise required by City, maintain them during construction or other Work phases to provide adequate protection , and remove them at the end of construction and completion of the Work . Such controls must include , but wil l not be limited to , the follow ing requirements : A Install storm dra in inlet protection devices such as sand bag barriers , filter fabric fences, and block and gravel filters at all dra in inlets impacted by construction . During the annua l rainy season , from October 15 through June 15 , storm drain inlets impacted by construction work must be filter-protected . Storm drain inlets will be filter-protected from onsite de -watering activities and saw-cutting activities . Shovel or vacuum saw-cut slurry a nd remove from the Work site . B. Cover exposed piles of soil or cons truct ion material with plastic sheeting . Store all construction materia.ls in containers . C . Sweep and remove all materials from paved surfaces that dra in to streets , gutters and storm drains pr ior to ra in as well as at the end of each work day. When the Work is completed , wash the streets and collect and dispose of the wash water offsite , in an appropriate location and lawfu l manner. D. After breaking old pavement , remove all debris to avoid contact with rainfall or runoff. E. Maintain a c lean work area by removing trash , litter, and debris at the end of each work day and also when the Work is completed . Clean up any leaks , drips, and other spills as they occur. F. The requirements stated above are intended to be used in conjunction with the California Stormwater Qual ity Association and California Best Management Practices Mun icipa l and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents. on stormwater quality contro ls for construction . Contractor's failure to comply with this section will res ult in the issuance of noncompliance notices , citations , Work stop orders and regulatory fines . 22. EARLY TERMINATION Pu blic Works Contract May 2017 2017 Speed Bump Recoating Project Page 11 Project No , 2017 -115 City ma y terminate thi s Contract for convenience, upon written not ice to Contractor. City may also termina te t his Co ntract for cause . If Contractor fai ls or re fuse s to perform t he Work as requi red under this Contract, Contractor will be deemed in default. If the default is not cured to Ci ty 's satisfa ction within two days after delivery of wr itten notice of default to Contractor, City ma y, in its sole discretion , elect to do one or more of the following : A. Terminate the Contract immediately , upon wri tten notice to Contractor. B. Complete the Wo rk usi ng City 's ow n forces and charge Contractor for a ll resulti ng costs and expe nses , incl ud ing City staff time . C. Ret ai n anothe r con t racto r to comp le te the Work and cha rge Co ntractor fo r a ll res ulting costs a nd expenses . D . Requi re the performance bond surety to pay for completion of the Wo rk . E. Pursue any other remed y availab le to City at law or under t hi s Co ntract. If City terminates the Contract fo r conven ie nce or for cause , City will only owe Contractor payment for t he Work satisfactor ily performed before Co ntrac t terminat ion. Noth ing in Section 23 be low is intended to detay, abridge or bar City 's right to termi nate thi s Contract early pursuant to this sect io n. 23. DISPUTE RES0LUTl0N 6 LAW AND VENUE An y disp ute arising un de r or re lati ng to this Contract is subject to the dispute resolution procedures of Public Co nt ract Code Section 20104 et seq ., wh ich are inco rpora te d by re fere nce . Inte rpretation and enforcement of t his Contract is governed by Cal ifornia law . Venu e for any legal action fil ed in relatio n to t hi s Contract is t he Superior Co urt for the County of Santa Clara , California , and no other place. 24 . ADVERTISEMENT Contractor may not post, exh ibi t, or display any advertis ing sig nage at the Project site without prior written approva l from City . T his section does not apply to s ig nage intended or re qui red fo r general safety while the Wo rk is in progress . 25 . WAIVER A waive r by City of any breach of any te rm , covenant, or conditi o n in this Contract will not be deeme d a waive r of any subsequent breach of the same or any other term, covenant, or condition conta ined herein , rega rd less of the Publ ic Walks Contract May 201 7 2017 Speed Bump Recoa ting Project Page 12 character of any such breach. 26. WARRANTY Project No. 2017 -115 Contractor guarantees and warrants the Work and the mate rials used or provided for the Project for a per iod of one year, beginning upon City 's acceptance of the Work for the Project as complete ("Warranty Period "). During the Warranty Period, upon notice from the City of any defect i n the Work or the materials , Contractor must, at its sole expense , promptly repai r or replace the defective Work or materials, including repair or replacement of any othe r Work or materials that is or are displaced or damaged during the warranty wo rk, excepting any damage resulting from ordinary wear and tear. 27 . INTEGRATION This Contract, Attachments A and B, and the documents and statutes attached , referenced or expressly incorporated herein , includ ing any duly authorized and executed amendments or change order s to the Contract, constitu te the full and complete understa nding of every kind or nature whatsoeve r between City and Contractor with respect to the Work and the Project. No ora l agreement or imp lied covenant will be enforceable against Ci ty. If any provision o r authorized modification to this Contract rs determined by a court of competent Jurisdiction to be ille ga l, in valid or unenforceable, all other provisions will rema in in full force and effect. 28 . SURVIVAL Section 12 (Indemnity), Section 23 (Dispute Resolutio n), and Section 26 (Warranty) express ly survive te rm ination or expiration of the Contract 29 . INSERTED PROVISIONS Each provision and c lause require d by law to be inserted in this Contract is deemed to be inse rted, and the Contract will be construed and enforced as though each was included . If through mistake or otherwise any such provisio n was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly . 30. CAPTIONS T he captions in this Contract are fo r convenience only and are no t a part of the Contract. Th ey do not affect, lim it or amplify the terms or provisions of the Contract. 3 1 . AUTHORIZATION Public Wo rks Contract May 201 7 2017 Speed Bump Recoat ing Project Page 13 Project No. 2017-115 Each i nd ividua l s igning below warrants that he o r she is author ized to do so by t he party that he or she represents . and tha t t his Contract is legally bind i ng on that party . If Contracto r is a corporation, signatu res from two officers of the corporation are requ i re d pursuant to California Corporations Code Section 313. Public Works Contrac t May 2017 2017 Sp eed Bump Recoating Project Page 14 Project No . 2017-115 The parties agree to this Contract as witnessed by the signatures be low : ~~~V\ \ fv\y?~ \.eN t; , \ t--.lC -CITY OF CUPERTINO <insert full na me of Contractor above> By __________ _ Name _________ _ Title _________ _ Date ---------- :Y~tion T im orden rnrector of Ptic Wo rks Date 'f./~7 RECOMM E NDE D FOR AP PROVAL: By ______ ~-~~~~ Name -----------Ti tie ------------Date ------------ APPROVED AS TO FO RM : ~By:~ '\j" Name ~ Do Li?H S . f:±9 IV) Attachment A : Scope of Work Attachment B : Bond Forms P ub lic Work s Contract May 2017 2017 Speed Bump Re coating Proj ect City Attorney \ , _ Date &::\ l 4 \ \ -r ATTES T: n /) 6/CU:~4'± Grace Sch m idt City C le rk ~ Date o ~ l( J7 ~ :;, Contract Amount: -Z--4> , 0 ~"' • .sn P.O . No. Z.Vi 1-'Si-:?:> Account No. 2J1' 8-h? -g5 -g"2,.,z_ Jul)-~ 2- Page 15 Attachment A Scope of Work Contractor will perform the follow i ng Work for the Proj ect, within the Contract Time se t forth in Section 2 and for the Contract Price set forth in Sectio n 3 of this Co ntr act: See attached cost Proposa l #17108JPGR2. Publ ic Works Co nt rac-l May 20-17 2017 Speed Bump Recoati ng Pro ject Page 16 ATIACHM ENTA -,-,-:, Asphalt Impress ion s Inc . 8150 37th Avenue. Sacramento . CA 95624·2306 P hone: (916) 383.0441 Fax: (918) 381 .3446 Y Asphalt IMPRESSIONS~ lnleme : w.v, acstam p .com CA Lice nse ti 900385 A , C 12 , C32 Job Title & Location: City of Cu pertl llO Sp ee<! Bum p Recom Cupe rti no , CA Submitted to : Jo An ne Jo hn son Ema il : JoanneJ@cuperti no .org U nio n Signalol)' Contracto r C ontractor's Rog l!itration #1 0 0000 2 092 PROPOSAL#: 17108JPGR2 W e 11 ave iilcl ude<l ttlc fo llowing It em$ in o ur p roJ)ooo d pri<o ; P ro p o t;:11: Valid TI,rQugh: Jun-1 9-17 Ju l-1 9-17 Code Ooscriptlon Quantity UM Unit Price Total Price RC0 1 TC01 PW01 Color As phalt Surface · Fou r (4) Cross walks and Ono (1) Roun da bout · 2,969 SF $ 4.95 $ 14 ,696.55 Standard Colo r to be Ter racoua . Pro ducts shall be ins tall ed per lat es t man ufacturer's spec ifi ca tio ns for 4-layer recoa l. Pavement Coating lo be Street Bond 150 . 1l s -------Traffic Control . Fou r(4) Flagg ers and advanced wa rni ng signs for $ 9,800 .00 $ 9,600 .00 rou ndabout al \t\lh ea1o n and Porta l: all oltie r loc ation s tw o (2) Flaggers and I ad vanced warn ing signs . Pro ss um Wash ing 1 10A I $ 1,700.00 s 1,700 .00 Asphal t Impre ss ion s Is a ce rtified applicator of Ennis -Flint• Traffi cScapes"' The nnopl astics products . As phalt Impressions is a GAF Mas ter Applic ator Pavem ent Solutions Contractor of St reetPrint• Genuine Stamped Asphalt and St reetBond® Pavement Coating Systems. Spoclflc Conditions Unlqu9 to this Propos al : • If parties e nte r Into an Owner Contro ll ed lnsuraooe Prog rem {OCIP) it ls understood thal -,.-ork/s-iOO:J. performed ~ · be defined as falling under a Fit & Finish Warranty _ A ll work/services A sphalt lmptessions performs is non structural and for cosmetic appearance only See Gene<al Condlliol'\S for specific languago. • II is l he c ustome rs respons ibility to Ins ure that the area s requiring aspliall cnllancemC<'lts be U1otougtlfy deaned and d ry prior to l hO installatiO n. • No sealcoat Is to be applied at the IOC.'.lfion or me asp t1a1t onM r1ccmc ts. It wil oo 1M custom s rosponsroility to en~ure that no sealeoat is applied w ithin those li mits . • Price re11ects co~!eting w,;irl( over 4 d ays; 2 days to complet e crosswalks on Voss and 2 crosswalks on Presi dio in halves. 1 day to comploto rcun:labout a1 Wheaten and Porta l, a nd 1 day 10 ccmplete bulboU!s at both ends of Price Aven ue Add $800 for each additional moblllzatlon Specific i:xch..isions Un ique to this Proposal: • AU wcrf< es $0clated with the furn ish and pla ceme nt of Mpl1 Concrete, • Reheal!og an d stamping existing As ph alt Concrete • Rern oYal and/or lnstailatlon of crosswa lk ~tfiping arid/or oU1cr markings • Crackfllllng The abovtt unu ptl~ ahlll preva il . Fino I pay quantltlu shall be jointly dcl.,rminotl by tho Enginoor o r Otho r repr0$tntitlivv of th o Cu$lomitt ;nd tho Contr.tctor, upon completion ol all work hereun11er. The Following items are Exclusions from th is Proposal if Marked wit h a Chock Box Gene ral Conditions E1tcluslons 0 Co nstruction Pe rmits . En croa ch ment Permil!!l and Spec ia l Feo s. 0 Porfo rmanca or p~ym Qnt bo nd s [;dd 1.$% at bid lo prl~ tor Ul ls req u irement). 0 Mu ltlp le move-Ins. unless noted oUtitrwlse. r.1 nam e Control Wee kend or·o.vertlme wor k. u nloss noted 0 Ulerw1s,,_ Striping , Sig nago ~.nd Pav ement M.arkin!J S, Providin g multiple movo-l ns anll wo t klng In snorter tinl4l linlil!!l w iUl ross or e,1 1in1ml c d produ ctivity d uo to eoo 1or lcmpcro turc• ~nd unfa vo rabl e weaUler conditions. R"spon slbifity ro, j ob de la ys duo to eu slomcr.i !!ehodu h!· lo, in,st,1 1! product'> du ring u nfavQ,ablo wcath or co nd ition$. 0 A.o,sp oo oibility fo r aece loratcd coating wea.r If wstorrn,r opens the ro,idwa y surface 1<> tralfic b•fo r& tho polymers In U1e coaling have ""t u p or U10 1hcrmopla.stl.:s have su fficlently co olod a.nil hatd&n e d . 0 R;c$pon!i-ib[l[fy for vari aUons in color between s amp fos and finished pro duct . 0 Phasing o f work areas ror eo ,wen ioneo o r 0Ul1H1l wllich arre1eu p toil uelivi ty req ui rc mcnls (un lc::,i !i-lJ!od above In wo rk do,crip lir.,n), 1710$Jf>'GR2 Cit1 of CtJ;le(1inttSIX'fd Ou~Reooo1.11s P~1 of2 Sf19"21J 17-11 :SS Aht 0 When wor k Is barricaded a l !Dr co,npl~lla11 of color bond lng. n,sponslbilit,y for d~magus made by u nau thorized omry In to the p ro teclecf aiea. 0 Watorw,1 shln9 o r Steam -Cloa nlng pavement of foreign materi als u nlo,o ~ !ll")Ci'll ert itl ,;eojr<> o f wor k. Dir1 , Plli ·CX i$ling Dic'5 o ls and Olio; on Pavemen t will p revent dosl rab·le resu lts ror w h lcll Aspl1~11 1,np,.,ss loru; will not ba msponslb l~. 0 Guaranteea for products to acfhero to OIi Spots o t olhct foreign ma1ori31s on pavarn n L @ G113rll nt o01; ohatisfactory result& from StreetPr lnting over Soar Co a t!!. Removal o r Soot Coat by SMdbU.M iJ 19 o r other moan s. 0 Nollllcallon to Sea l C oatu rs and Strl porn of iha re qui romont not to Seal Coat or Stripe In en hanc elll4!nt areas. @ COO\$ l nc u r rod for R<1t urnln9 Mat erials and Tomplatos ordered SjllN:ilic for pr oj ect. Monufacture~ ehatgi>~ ror m;1<1ckirrg f~(tt; ;,l o ng with ~ssocl~tod fr<>ig hl c hargos for ct,an p a-s made alter procurement of tho controc1 m~L~rial1l a n d tomplatc:;. 0 Prod uct application over u til i ty b oxea and Ma.nho l& ll d5 (u tility boxes nd rrui nlto c ,;Oveffl will n ot bo colorb~ndod un les s s p ;.clfica llydlractod to <I<> so). Pa yment Terms/ Legal Clarifications PAYME N TIS D UE UPO COMPL ET ION AN O PAS't OUE AFTI:R THIRTY j30 I DAYS f t om lrlvl)i r;(! diitc . The Cu,tornor •g,,,.o to p~y l•te cllar !)O B on on y b ill ing & 1141 paid WltM due. lfurn lile dua da !o until p•l d, a t th~ rate of 10% por anrrnm or t~ ma.xlnium r.ito •ll awe<I by law, wtilcho., r I$ IG$11. U1>on eaUa facfo ry 1>3yrn ent be ing modu for any portion of tho weft< pnrlormo<I, Jr mquo otcd, As ph.l ll lm preaslo ns sn ,11 rumlsll a f u ll M d uncond lUo nal relM ~ l r oot1 •11y claim or mech anle'a licn for tha t po rt io n cl tho wori< tor Which poymonl 11H boOfl muf . trl ltt e &YOni1>a:,nldnl lo na l mudc l o Ao r-hil• lrnpmsSlono at lho UIT1% and In tho amounls µro,Aded let 01 U"d s,reement. kptrall lrl'tpre••ior~ may , u;xm ttu"11 (3) ww kh g d o)'n wrill.efl nolll:1>. 9to,;t to susper4 work llfl ll paYfl'.«t l on Ill& amount o,.;IIQ h:!it be<si ,eeoiood II th,. oecerr. A:;,:ti•ll lmprc oolO!ls· 1,mo lo r porlonnante Mall bo 0>.t0Moo eppropn8'ill)' Md It .. 'l>ll!Y.lllslbl! e.;;1, cl !;tml down , delay , ood st,111-u,, sh,iJ ti., r•;rd all(! lhe CC<l1 ram ~1sr,acoo«l#l al;' Pnllno oommenoemont ol worl<. C~totMr $hall foroittt AtPtrolt lm~&sicm ,-ilh ~en a,nfinn.,u~,, 1rom ,-.,. n~cr or t;,;,n~ t11 al $illl!lctsnl lurds 118''8 bOE<l comm hied aro YofJ be avalallle la m a ke painrr,nto QIIDd !Qr ~ndor !hi; agr<>iirr<Cll l. fmn,;Hng ltls ,•,nttie n rollOfll'la Li on lt>Aspltal l lniJ)(essicln~!o ""1 i! a alndiliM p,l!!cewl ta lho rxilg•tiro a l Asph;;it lmp,,,.~lo n$ lo ;Ollcrn, unr!Gr lllis ac,ee01en1 Thi e =,t•on Is &(jE!fy IOt A'lt)lr oll tmF'cs"e,u' p,CUtt tlon .and ,h.,1 nqt Im~ A$p,'1a ll lmr,ressi0ns' nnr~ to receNe pa)Tr.en l (Or rt$ 1•,0(1( H ii prooieda wotl< 'Ailhout. ot pl'ia to receip t of tJ,e wri lt(!n CQntimmt 1on General Conditions CN•O"" 'll'cr1< OJsuimer ma1 rrcm li me to 1n10 by rm~ld..on, er draw1,,gs 1ar.ll<'d la Asi:h,,r. lfll>T<>"'"'1S , ""''-o thar'90•., the sCQPo of work. '"ue a~ OOill ins1ruci.()t1s , ••=st arfdtien111.,,a11 « rJ.i,;d. lhc om,...,., o1 w:,rll, provi>ust,· ordo r•~. and \ho prov"'Otte ol 1111s ajjtl!emef'II shall ep1*( IIO :!ll suth Wrll'i)H, nlodfi(.slioo• an:! olll:tticns .,,;,1, the ""m" effocl :is d thqywura cmtoala~lflmeorl!)lnl!I aareemen l The ~Me or the frl(fll"3 frif eot0bl,ling lho F«.o foror.rch 111-o!lc wll oo sottonh rn.1 wrilton thanao c«lor. aUl,e, prio r Lo lh&OOfTlffl911CEmert or as 100rt as p,;;t1it<ll ll,e,eJ1R10r Exlfll ccoia lt'ltu1'ted due to lo5" of prod~Otl Qr OOl;II'$ outiloo our con l rol Lo be pafa oo a tlne &. matetial b8sia If /Nl rtl es e11terrnw olll OWitOfC<lvtuof~ lrt!iurance Progr•m {OCIP) ii/:, u11da r st0Qd thnt worl'/$em'cOS" penomrQd will I,,. rhrmed ;r$ f111I,'11a wtttu n Fil & Finl.st, Vl'ilmtnl\l. All wo/fo'.fervlces A•pll;r/t lmprffti<Jfl ~ ~rtorm& ;• no,, 6f1bol11ral ~rid for c<nmem, 11ppo,r.111c a only. Th" fDIJaw/r,g fAno11;aoo mu•I b11 Jrr,;o,f)Ql'ilt etJ rnto 8''1 ll!J'""m ent w m, or withal/I an OCJI'; A.sp/odft lmprttsslo rl.s' Obllr,•!ior,s and Roprr.sontlrlons In rao•rd• to sta111r,e<t & coa t«/ A t pha/<: AaplMll lrllPl'e•~IM~ ;!.fprlf:11e; rMt ill v,v:uk 1 .. nr>nf1mot.un,r "® for CIJ$/IIOtlc itflPMf/111«$ only. me e/1/tffncemen~ a,1plitation IJl /rttprirlt.htg ;;.tti.ms, 1hn,u9h softa11 /119 of 1/ro .. p/JR/UIIITRU w/111 it1fr.,..fH! hUltlr"t arld 1:an1pacn'n9 f1ocl tcmplotu to m3ko ., p,,ttom <loo• 1101 con•IIMo ,my nJ$p<Jn,1111111y fer rho $(roc111nI ltltoufflyof rile ps11ert,~r1l En/J;,nccmwtf w rl!I JJpplf ad nplti!ll COllli1'{11 llfiil wttfOwt tillt~ dtJrl to the, alcmcn/S ;md th• ;,t,,,..rw, df<J C'-" of tr,,rf/r:. Ouo to iho v~l}O'ng noluf'II ot •Jo 1111t11ts altd tnl/11<: a~ts, i n no w.,y (s ft ~numor1 or TmplI«I thal en/ran~menl&' pfO'lllded by A t pli•Jr M~stldrit .ml tksir,ncd ra IHI for ;,ny spcciffod 1/mo p<'riod. Cu,1amor t.akit.J tu/I tlo,;IQn ro!tporui bili(y fOT 11, .. u1itlz;,tkm o f osplr,111011.~~ncw 11t11t3e rvictJS by As plt.tlt lit!Pf Olflwtl. 1/naV\.'idllb'e Dobys • EA~I\Sicn 01 Tm ... In th" ovont C.o""®r ur&II be d8IS)'8ltofl tM perfe<maioe of I~ we,!< ufld9t tru, Cllr'llfllci by~Jie& ~,.Ond the al11lr'lll lif!ho ainlrncl.oT, and ... i1tio1~ 1110 al.ii Qr flolfraonoo Of rite coouactcr, ;;1cfod!'Q bul oo, lrntl>d to c~g.a oru cr,t , acts al goo or of c,i, puf:lr. onomy. ~13 QI govorn mon1 . ~ro. ttood. 111*.o5. l'lcl8ment ll'8Slher. uMUtSnl& ~.n1a c.,,ulltions er delay; =••d by V\>ndQrn ,i.,d olltc< Cootr.i:lcri, Ccr.<rs,;J,or ghQ II haw wet\ peood 04 liffle !O cooiplete lhe pt11forrl\isl1C~ or I/ti CMtrn ct l!~ !llia ll be ooco~r,a,y as a rewl er any sudl caU5e~ Comrr.cra •I (lc,1orn l Llnh,I~/ Co,ora90 -C1.1stome r ackoo1<led;les A~halt lmpt,!SSillM i.iptop0sng to ,:<lM~c semc"" ba.sc<I on nok lno1r.1rr.,, "°'"""gc,; ti oftocl ~ 1/,o Umo<>f 1'11> p1oposat Tlte CC'leNl~e s cei.ld b<l cort•lrued M s<.ondord t"' 1'1~ 1ndu:;1ty Hov.-ev ar; lhoro ar~ oo reptHEfl!!lliMs mada he<.-n lhst Ille co~ia~es"' elle<:t rrcn, £mJl lo tim,; li\a y m<!l!l til e c<Mlr.lgo mwrnmnn($ o f f11€t<U>(<>mo r Upon f>:><tl1%t , A1phslllm,:<eeelc11s ca11 lumi!l"I h •·~done,, r;,! ""'"'""" a long ,..,th lb su ~j>'cmcnlnry docla"'11ono •nd =111s1Qr4 tnat at<l opp tr.alto Lo $(!Mee6 peffcrrr.ed i'1 I.he S!a~ or C<illomr.1 . Pratto ctmmc.,comont of v.ori.. ~ !hi$ ptQ~~ 4 r,ot oxecuted to cotl~lhute ti» oll:i:IAI Cllril!.o<i , a. alrllfOct carlM!ng teilT'ls mul:r.llly "gree3ll le ID be~ po~ioo sh;tl be prep.,:cd ;,rd c~.G1:<l1od Tllo C/Jnte,i1s ol lti8 ll('Jp¢8'll ooc.,rre,11 stil!fl b1! in!etted &dton!Olrly ,,,-ffl>~h:al){ att.,.t-oQI! t,o ~=mo an iO\V!lfllf p;,rt ~I 1118 oonll11a lr>ttt & e-..ent ¢I a11 y fiOOO!Jiolet1C)' between any >Ud1 cx,nlra ct aoo tlti• p,~f0"1L lho tom-,s ot Ulls r.n:poeal sf>all llf8'1'&'l . r\11 materi:ll i$ 9w,~111 ee~ 10 be i!S wecifloo and are sub}!!ct to the*" lmled warranty Al w ofk lo Ile compleood in a wor1<.-,1a r)Ike 11'3nnl)-r 11.cxoor,n~ t.o manufaclurers recomme rnlalt.lfts and standard p!adi ces . JJ.ny altcr ali on Qt do ,s;l ti<l n from abo•m S1JOcifi cal h><1s ltl\'oMng oJ<lra cost& Y.<11 be execo led on ly upon V1'1 Ue,1 orde,~. and ,..;11 l>eC(nn,} i)l• ,;,1rn t hawgc o,oer ;11 d above tho estJma e . M agreem8111s con!lngenl upo n sl!lke·s , accidents or d elays beyood Out cootrt)l For: Asph alt Impre ss ions Inc. Acceptance of Proposal by Customer Tho a.bow prices. specifications and ocnd ltlons are $3liil 8ci0l)' and ;:ir,. hlltell)' ~,:x:eptcd You ~ro ;,uthorizud I<> do the work as spe,;lfied. Acceplan<:<> lndlcates tl t fun d& are a .... i1 3hle lot thi!; wo,k ;,n~ A$phi,ll ht1p rossior,$ ~II be paid as ouUinc,d l';itltln U1is proposal. Aocer,lance t eprese,1fg 11131 oonct Ms re:i,d w1d gndersl.ood. ~nd ro · s tho roon on lhls ettUre oocumen t. Page 2 t>f 2 EstlMa for: J . P te\ti!e 0 16 .383.044 1 Re vie wed By : "'JT"------- Signature: Printed N"rn Q; ------------ 081~: __ / __ / __ Premium is included in the performance bond subject to adjustments based on final contract price. Executed In Triplicate BondNo.1 989175 Payment Bond The City of Cupertino ("City") and _A_sp~h_al __ tl_m_p~r_e_ss_io_n_s~,_In_c_. _____________ _ ("Contractor") have entered into a contract , dated ~J_un_e_2_0 _____ , 20.!.Z__ ("Contract") for work on the 2017 Speed Bump Recoating Project, Project No. 2017-118 Project ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond "). 1. General. Under this Bond , Contractor as principal and Great American Insurance Company , its surety ("Surety"), are bound to City as obligee in an amount not less than $ • ($26,386.50) ("Bond Sum "), under Californ ia Civil Code Sections 9550 , et seq. *Twenty Six Thousand Three Hundred Eighty Six an d 50/100 2. Surety's Ob li gation . If Contractor or any of its subcontractors fails to pay any of the persons named in California Civil Code Section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor perform e d 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 and its subcontractors , under California Unemployment In surance Code Section 13020 , with respect to the work and labor, then Surety will pay for the same. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code Section 9100 , so as to give a right of action to those persons or their assigns in any suit brought upon this Bond . Contracto r must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond . 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the work required by the Contract , in conformance with the time requirements set forth in the Cont ract and as required by California law , Surety's obligations under this Bond wi ll be null and void. Otherwise , Surety's ob li gations will remain in full force and effect. 5. Waivers. Surety waive s any requirement to be notified of alterations to the Contract or extensions of t ime for performance of t he work under the Contract. Surety waives the provisions of Civi l Code Sections 2819 and 2845 . City waives req uirement of a new bond for any supplemental contract under Civil Code Section 9550. Any notice to Surety may be g ive n in the manner specified in t he Contract and delivered or transmitted to Surety as fol lows: At t n: Larry Conner Address: 301 E Fourth Street C ity/State/Zip: Cincinnati, OH 45202 Phone: 916-788 -726 1 Fa x: 916-788-7262 Email: lconner@gaic.com 6. Law and Venue. This Bond will be governed by California law , and any dispute pursuant to this Bond will be venued in the Superior Court for Santa Clara County , and no other place. Surety wi ll be responsible for City 's attorneys ' fees and cos ts in any action to enforce the provisions of this Bond . Pub l ic Wo rks Contract May 2017 2017 Speed Bump Recoating Proje ct Page 18 7. Effective Date; Execution. This Bond is entered into and is effective on July 26 20_11 . Three identical counterparts of this Bond , each of which is deemed an original for all purposes, are hereby executed and submitted. (Attach Acknowledgment with Notary Seal and Power of Attorney) Name/Titl e APPROVED BY CITY : Name/Title Public Works Contract May 2017 2017 Speed Bump Re coating Proj ect END OF PAYMENT BOND Page 19 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 Sacramento On July 26, 2017 before me , Vicky Troyan, Notary Public (insert name and title of the officer) personally appeared -----------Shawna Johnson ------------------------------- who proved to me on the basis of satisfactory evidence to be the person(st whose name(s, is/afe subscribed to the within instrument and acknowledged to me that Re/she/tAey executed the same in H+S/her/tfie+f authorized capacity(+esh and that by H+S/her/tfie+f signature(s, on the instrument the person(sh or the entity upon behalf of which the person(st acted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of Californ ia that the foregoing paragraph is true and correct. 'I <>-<> o0o o-:0-c0:-<> <> :0,-c0c a-o0o Ao 1 ,-0./,A,' . VICKY TROYAN ~ ' COMM. # 2058475 (!l •• : NOTARY PUBLIC· CALIFORNIA G) WITNESS my hand and official seal. l SACRAMENTO COUNTY 0 J v v v V :eM!~!E!,M~~~t (Seal) 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 FOURTEEN No. 0 15052 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRE SENTS: 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 pe rsons 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 suretysh ip , or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of sur etyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JOHN HOPKINS KATHERINE J . GORDON ALL OF ALL NANCYLUTTENBACHER JOHN J . WEBER SACRAMENTO, CALIFORNIA $100 ,000,000 .00 BOBBIE BEENY STEVEN L. WILLIAMS ELIZABETH COLLODI MELISSA D. DIAZ SARA WALLISER SHAWNA JOHNSON JENNIFER LAKMANN RENEE RAMSEY BONNIE TWO BEARS STEPHANIE AGAPOFF This Power of Attorn ey revokes all previous powers is sued 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 th is 1st day of DECEMBER , 20 16 Attest GREAT AMERICAN INSURANC E COMPANY ~~~!)!.~ 4-, ft .. :-E__., a) ~ ~ ~:~,1 ....._ c... /J ~ •L · ~-............ ) 'IIMi (.; '7ai Assistant S ecretary Divisional Senior Vi ce P resident STATE OF omo, COUNTY OF HAMILTON. ss : DAVID C. KITCH IN (877-377-2405 ) On this 1st day of DECEMBER , 2016 , before me personally appeared DAVID C. KITCHIN , to me known , being duly sworn , deposes and says that he resides in Cincinnati, Oh io, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, t he Company de scr ibed in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority ofthe following resolutions adopted by the Board of Directors of Great American Insurance Company by unan imous written consent dated June 9, 2008 . RESOLVED: That the Divisiona l 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 lime , to appoint one or more Af/orneys-in -Facl to execute on behalf of the Company. as surety, any and afl bonds, undertakings and contracts of suretyship, or other written obligations in the nature th ere of; lo prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any lime. RESOLVED FURTHER: That the Company seal and th e signature of any of the aforesaid officers and any Secreta,y or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or ce rtificate of either given for the execution of any bond, undertaking, contract ofsuretyship, or other written obligation in the nature thereof. such signature and seal when so used being hereby adopted by th e Company as the original signature of such officer and the original seal of th e Co mpany, to be valid and binding upon th e Company with the same force and effect as though manuaf!y affixed. CERTIFICATION 1, STEPHEN C . BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and th e Resolu tio'!ls of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. S.igned and sea.led this 26th day of July , 2017 4"c e. :-E_......__.. _ Assistant SecreJary S1029AF (06/15) Premium is for contract term and is subject to adjustments based on final contract price. Executed In Triplicate Performance Bond Bond No. 1989175 Premium: $174.00 The City of Cupertino ("City") and _A~sp~h_a_lt __ I_m_..p __ r~e~ss __ io __ n~s~, _In~c~. ____________ _ ("Contractor") have entered into a contract , dated June 20 , 20_lL__ ("Contract") for work on the 2017 Speed Bump Recoating Project, Project No. 2017-118 Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond "). Great American 1. General. Under this Bond , the Contractor as Principal and Insurance Company , its surety ("Surety"), are bound to City as obligee for an amount not less than $ * ($26,386.50) (the "Bond Sum "). By executing this Bond , Contractor and Surety bind themselves and their respective heirs , executors , administrators , successors and assigns , jointly and severally , to the provisions of this Bond. *Twenty Six Thousand Three Hundred Eighty Six and 50/100 2. Surety's Obligations; Waiver. Surety 's obligations under this Bond will remain in full force and effect during the Contract term and the one year warranty period under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract , Surety's obligations under this Bond will become null and void upon expiration of the one year warranty period under the Contract. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract , including changes to the scope of work or extensions of time for performance of work under the Contract. Surety waives the provisions of Civil Code Sections 2819 and 2845. 3. Application of Contract Balance. Upon making a demand on this Bond , City will make the Contract balance available to Surety for comp letion of the work under the Contract. For purposes of this provision , the Contract balance is defined as the total amount payable by City to Contractor as the Contract price minus amounts already paid to Contractor, and minus any liquidated damages , credits , or backcharges to which City is entitled under the terms of the Contract. 4. Contractor Default. Upon written notification from City that Contractor is in default under the Contract , time being of the essence , Surety must act within seven days of the date of the written notice from the City referencing t h is section to remedy the default through one of the following courses of action: 4.1 Arrange for completion of the work under the Contract by Contractor , with City's consent , but only if Contractor is in default solely due to its financial inability to complete the work ; 4.2 Arrange for completion of the work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety at Surety's expense ; or 4.3 Waive its right to complete the work under the Contract and reimburse City the amount of City's costs to have the remaining work completed . 5. Surety Default. If Surety defaults on its obligations under the Bond , City will be entitled to recover all costs it incurs due to Surety's default, including legal , design professional , or delay costs. Pub l ic Works Contract May 2017 2017 Speed Bump Re coat ing Project Page 20 6. Notice. Any notice to Surety may be given in the manner specified in the Contract and del ivered or transmitted to Surety as follows: Attn: Larry Conner Address : 301 E Fourth Street City/State/Zip: Cincinnati OH 45202 Phone : 916-788-7261 Fax: 916-788-7262 Email: Iconner@gaic.com 7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for Santa Clara County, and no other place. Surety will be responsible for City 's attorneys ' fees and costs in any act ion to enforce the provisions of this Bond . 8. Effective Date; Execution. This Bond is entered in to and effective on Tuly 26 , 20_1Z_. Three identical counterparts of this Bond , each of which is deemed an original for all purposes , are hereby executed and submitted. SURETY : Great American Insurance Company s/ ~ Shawna Johnson, Attorney-In-Fact Name/Title [print] (Att ach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Asphalt Impressions, Inc. Name/Title [print] Name/Title [print) APPROVED BY CITY: sf Name/Title [print) END OF PERFORMANCE BOND Pub lic Works Contract May 2017 2017 Speed Bump Recoating Project Page 21 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 Sacramento On July 26, 2017 before me , Vicky Troyan, Notary Public (insert name and title of the officer) personally appeared -----------Shawna Johnson ------------------------------- who proved to me on the basis of satisfactory evidence to be the person(st whose name(51 is/afe subscribed to the within instrument and acknowledged to me that Re/she/tfle.y executed the same in R+S/her/tRe+f authorized capacity(+esh and that by R+S/her/tRe+f signature(51 on the instrument the person(st, or the entity upon behalf of which the person(st 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. (Seal) 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 FOURTEEN No . 0 15052 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 appoi nt 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 co ntract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JOHN HOPKINS KATHERINE J. GORDON ALL OF ALL NANCYLUTTENBACHER JOHN J. WEBER SACRAMENTO, CALIFORNIA $100,000,000.00 BOBBIE BEENY STEVEN L. WILLIAMS ELIZABETH COLLODI MELISSA D . DIAZ SARA WALLISER SHAWNA JOHNSON JENNIFER LAKMANN RENEE RAMSEY BONNIE TWO BEARS STEPHANIE AGAPOFF This Power of Attorney revokes all previous powers issued on behalf of the attomey(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 1st day of DECEMBER , 2016 Attest GREAT AMERICAN INSURANCE COMPANY (iJ ,4c e. :E_ ~"~ Jilt~ Assislanr Secretary Divisional Senior Vice P residen t STATE OF OHIO, COUNTY OF HAMILTON -ss: DAVID c. KITCHIN (877·377-24051 On this 1st day of DECEMBER , 2016 , before me personally appeared DAVID C. KITCHIN, to me known , 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 knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal ; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. 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 Vic e 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 Allorneys-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 Secreta,y 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 med 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 Rf's<l lutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and .~ea lcd this 26th day of July , 2017 ,4ce.:E __ _ Assistanl SecreJary S1 U~9Ai' (0()/15) ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM /DD /YYYY) ~ 6/20/2017 THIS CERTIFICATE IS ISSUED AS A MATIER 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 have ADDITIONAL INSURED provisions or 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 riahts to the certificate holder in lieu of such endorsement(sl. PRODUCER CONTACT Joanne Cadarette NAME: lnterWest Insurance Services P~9N,_t ~--•'-916-609-8362 I FAX . 916-979-7562 License #OB01094 ,~,,.. ., P .O. Box 255188 ~;...M~A~~c:c:-jcadarette@iwins .com Sacramento CA 95865-5188 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Financial Pacific Ins Company 31453 INSURED ASPHA-3 INSURER s ,American Zurich Insurance Co 40142 Asphalt Impressions, Inc. INSURER C: 8150 37th Avenue INSURER D : Sacramento CA 95824 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER· 1386947199 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 HA VE BEEN REDUCED BY PAID CLAIMS. INSR TYP E OF INSURANCE IAUUL 1:SUt>K '~~7Jl5~) '~~h\%~1 LTR INSD WVD POLI CY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY y y 60418059 10/1/2016 10/1/2017 EACH OCCURRENCE $1 ,000 ,000 -~ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $100 ,000 X Contractual Liab MED EXP (Any one person ) $5,000 -2-_ :E2 000 Ded. PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGAT E $2,000 ,000 ~ GJ PRO-DLoc PRODUCTS · COMP/OP AGG $2,000,0 00 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY y y 60418059 10/1/20 16 10/1/2017 /Ea accident~IN(jlt: L,M1' $1,000 ,000 - X ANY AUTO BODILY INJU RY (Pe r person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -HIRED -NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) $ -$ A UMBRELLA LIAS M OCCUR 60418059 10/1/2016 10/1/20 17 EACH OCCURRENCE $5,000 ,000 -X EXC ESS LIAS CLAIMS-MADE AGGREGATE $5,000 ,000 DED J X J RETENTION$ 0 $ B WORKERS COMPENSATION y WC373647008 10/1/2016 10/1/2017 I PER I I OTH-X STATUTE ER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACC IDENT $1 ,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMP LO YEE $1,000,000 IC yes, describe under DESCRIPTION OF OP ERATI ONS below E.L. DISEASE · POLICY LIMIT $1,000 ,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /V EHICLES (ACOR D 10 1, Additional Remarks Schedule, may be attac hed if more space is required) Re : Job #17-544, Project #2017-115, City of Cupertino Speed Bump Recoat , Cupertino, CA. Additional insured status Applies as required by written contract per endorsement attached City of Cupertino, including its City Council, boards and commissions , officers, officials , agents, employees, consultants and volunteers. Primary wording per attached endorsement. Waiver of Subrogation applies to General Liability , Automobile Liability and Workers Compensation Policies per the attached endorsements . 30 day notice of cancellation, except 10 day notice for non-payment of premium app lies per policy provisions . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN 10300 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS . Cupertino CA 95014-3202 AUTHORIZED REPRESENTATIVE I iw*1-- © 1988-2015 ACORD CORPORATION . All rights reserved . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 60418059 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Re: Job #17-544, Project #2017-115 , City of Cupertino Speed Bump Recoat, Cupertino, CA. Addit i onal insured status Appl i es as required by written contract per endorsement attached City of Cupertino, including it s City Counc il, boards and commissions, off icers, officials, agents , employees, consultants and volunteers . Primary wording per attached endorsement . (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization is held liable for "your work" for that person or organization by or for you. This endorsement applies to the following work: Description of Job: see Above Location of Job: see Above A l only Effective from: Effective Date: 10 /1 /2016 Expiration Date: 10 /1 /2017 When this endorsement applies, such insurance as is afforded by the general liability policy is primary and any other insurance shall be excess and shall not contribute to the insurance afforded by this endorsement. CG 20 10 11 85 Modified (07-01) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: 604 1 8059 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the follow ing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Re: J ob #1 7 -5 44 , Pro j ec t #20 17-115 , Ci ty o f Cup ertino Speed Bump Recoat , Cuper tino , CA . Additio n a l insured s t a t us Appl i es as requ i red by wr itte n con tra c t per e n dor semen t (If no entry appears above , information required to complete th is endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Cond ition (Section IV -COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following : We wa ive any right of recovery we may have against the person or organiza tion shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations ha zard". This waiver applies only to the person or organization shown in the Schedule above . CG 24 0410 93 Copyright , Insurance Services Offi ce, Inc ., 19 92 Pag e 1 of 1 POLICY NUMBER : 60418059 ASDA AU 07 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following : BUSINESS AUTO CO VERAGE FORM SCHEDULE NAMEDINSURED:Aspha lt Impress i o n s, I nc . 8 1 50 37 t h Ave n ue Sacrament o CA 9 5 824 ADDITIONALINSURED:Re : Job #17-5 44, Pro j ect #20 1 7-11 5, Ci ty o f Cupert i no Speed Bump Recoa t, Cupertino, CA. Addi t i onal insured status Applies a s required by wr i tten contract per endorsement attached Ci ty of Cupertino, including WHO IS AN INSURED (SECTION II) is amended to include as an insured the organi zation show n in the Schedu le above , but only with respect to the operation of vehicles owned by the named insured and operated on behalf of the named insured . This endorsement does not apply to any operations for other than the named insu red . Each person or organi zation named above is an insured for liability coverage , but only to the extent that person or organization qualifies as an insu red under the Who Is An Insured provision of Section II Liability Coverage . The addit ional insured is not required to pay for aiy premiums stated in the policy or earned from the policy . Any return premium , if appl icable , declared by us shall be paid to you . You are authorized to act for the additional insured in all ma ilers pertaining to this insurance . We will mail the additional insured notice of any cancellation of this policy . If the cancellat ion is by us, we will give thirty days notice to the additional insured . The additional insured will retain any right of recovery as a claimant under this policy . ASDA AU 07 01 Page 1 of 1 POLICY NUMBER : 604 1 8059 ASDA AU 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the follow ing : BUSINESS AUTO COVERAGE FORM SCHEDULE NameofPersonorOrganization:Re : J ob #17 -544 , Pro jec t #20 1 7-115 , City o f Cupe r tino Speed Bump Recoa t, Cupert ino, CA . Add itiona l insured s t a t us Ap p l i es as requ i red by wr itten cont rac t per e n dor semen t attached City o f The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condi t ion (Section IV BUSINESS AUTO CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above be - cause of payments we make for bodily injury or property damage arising out of losses or accidents which occur during the policy period. This waiver applies only to liability you assume pursuant to a contract with the person or organization shown in the schedule . ASDA AU 07 02 Page 1 of 1 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA Th is endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below . (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy .) This endorsement , effective on 6 /20 /2017 at 12:01 A.M. standard time, forms a part of (DATE) Policy No.WC373647008 Endorsement No . of the American Zurich Insurance Co (NAME OF INSURANCE COMPANY) issued to Asphalt Impressions, Inc. Premium (if any) $ Authorized Representative 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 premium for this endorsement shall be *% of the California workers' compensation premium otherwise due on such remuneration . Schedule Person or Organization Job Description ALL PERSONS AND/OR ORGANIZATIONS THAT REQUIRE A WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 252 ( 4-84) WC 04 03 06 {Ed. 4-84) Page 1 of 1 CITY OF II CUPERTINO DATE: 10/2/2017 Contractor: Asphalt Impressions 2017 SPEED BUMP RECOATING PROJECT PROJECT NO. 2017-118 CONTRACT CHANGE ORDER CCO# 1 P.O.# 2017~ 5J3 Acct.# 270-85-822-700-702 8150 37th Avenue Sacramento, CA 95824-2306 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 invo lved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact, inefficienc y, 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 Authorization Description Amount No. Type and No. 1 Recoat Concrete Speed Bump on P1ice $2,450 .00 Change Order 1 Speedbump recoating Page 1 CITY OF a 2017 SPEED BUMP RECOATING PROJECT PROJECT NO. 2017-118 CONTRACT CHANGE ORDER CUPERTINO Total Change Order No. 1 Total Project: Original Contract Change Order No . 1 Revised Contract Schedule Impact: Project Final Completion Date: APPROVED BY: City of Cupertino Timm Borden Director of Public Works Date: Change Order 1 Speedbump recoating $28,836.50 0 calendar days 2-0ct-17 Total Change Orders $2,450.00 26,386.50 $2,450.00 $2,450.00 Page 2 -,--,-:, Asphalt Impressions Inc. 8 150 37th Ave n ue , Sacrame nt o, CA 95824-2306 Ph o ne: (91 6) 383.0441 Fax: (916) 381.3448 ~Asphalt IMPRESSIONS ® Internet: www.acst amp.com CA # 90 0385 A , C1 2, C32 Job Title & Location: City of C upertino Spee d B ump Recoat Cu pertin o, CA Submitted to: J o Ann e Jo hnson C ity of Cup ertin o email : joann ej @cup ert ino.o rg We hav e i ncl uded t he followi ng items in o ur propo sed c hange o rd er : Job# 17-544 Change Order Request #1 Request D a t e : Sep-15-17 __ c_o_clE!_ __________ __ _ __ Description _ _ __ _ _ _______ Q_uanti!y~ _lJ__M ___ _unit p_rice Total Price _ Increase in Scope RC01 Recoat Add itional Concrete Crosswa lk on Pri ce Ave. (ap prox . 880sf) 1 LS $2,450.00 $2,450.00 Cha nge Order Amount $2,450.00 For : Asphalt Impressions Inc . Es tim at or : J . Previte ~ 916 .383.044 1 x1005 Date: 09 I 15 / 17 Reviewed By : JT Acceptance of Proposed Change Order by Customer The above prices, specificalions and conditions are salisfaclory and are hereby Signature : accepled. You are aulhorized lo do lhe work as specified. Acceplance indicales that funds are available for this work and Asphall Impressions will be paid as outlined Printed Na m e : within this proposal. All work to be performed under same terms and conditions as specified in origina l contracl unless olherwise stipulated. Date : __ ! __ / __ Change Order 1.xls Page 1 of 1 9/15/2017-2:35 PM