20-108 Rodan Builders Incorporated, Design-Build Contract, Design and Construction of Cupertino Library Expansion Project, Project No. 2020-03 (Resolution 20-103)DESIGN-BUILD CONTRACT DOCUMENTS
FOR THE
CUPERTINO LIBRARY EXPANSION PROJECT
·PROJECT NO. 2020-03
REVIEWED BY:
Michael Zimmermann
Capital Projects Program Manager
APPROVED BY:
Roger Lee
Director of Public Works
Michael Zimmermann
Roger Lee
(the "Act"), as a person engaging in investment activities in Iran, as defined in the
Act, or is otherwise expressly exempt under the Act.
11.8 Authorization. Each individual signing below warrants that he or she is authorized
to do so by the party that he or she represents, and that this Contract is legally
binding on that party. If DBE is a corporation, signatures from two officers of the
corporation are required pursuant to California Corporation Code§ 313.
The parties agree to this Contract as witnessed by the signatures below:
DESIGN-BUILD ENTITY
Rodan Builders, Inc
By Rodan Builders, Inc
Dan Oliver
Chief Financial Officer
l Signature ________ _
Date
By Rodan Builders, Inc.
Rory Morgan
Chief Executive Officer
Signature ________ _
Date
CITY OF CUPERTINO
A Municipal Corporation
By ___________ _
Deborah Feng
City Manager
Date __________ _
APPROVED AS TO FORM:
By ___________ _
Heather Minner
City Attorney
Date ___________ _
ATTEST:
Kirsten Squarcia
City Clerk
Date ___________ _
Contract Amount: $6,476,168.
END OF DESIGN-BUILD CONTRACT
Cupertino Library Expansion Project
Project 2020-03
DESIGN-BUILD CONTRACT
Page 5
Aug 29, 2020
Rory Morgan
Aug 29, 2020
Heather M. Minner
Aug 31, 2020
Deborah L. Feng
Aug 31, 2020
Aug 31, 2020
(PERSON'S NAME FROM CONSTRUCTION MANAGEMENT FIRM)
(XXX)XXX-XXXX (24-hour number)
City Office: (408)777-3354 Department of Public Works
Thank you for your patience and cooperation,
[NAME OF PROJECT MANAGER, DBE], Project Manager
[NAME OF CONSTRUCTION FIRM]
7.Pandemic Health Laws. DBE's duty to comply with Laws includes compliance by the
DBE team, including all Subconsultants and Subcontractors, with all local, state, or
federal Laws that have been or may be enacted in response to the Covid-19 pandemic
(collectively, "Health Laws"), which include the County of Santa Clara Health Order dated
May 18, 2020 (and updated on June 5, 2020) and Appendix B-2, including any
subsequent amendments thereto (the "Health Order"). Failure to fully comply with the
Health Laws constitutes a material default, subject to all available remedies including
suspension or termination. DBE is to notify the City immediately if a DBE employee or
DBE Subconsultant or Subcontractor tests positive for Covid-19 and has been on the
Project. When notifying the City, the DBE shall include time, location and a list of all City
employees or consultants that may have had contact with Covid-19 positive personnel.
8.LEED Silver. DBE to provide all Services necessary for the Project to meet all LEED
Silver standards applicable to a comparable project of equivalent size and type.
8.1 LEED Silver certification will not be required of the Project.
9.Bird-Safe Glass. DBE must provide all Services necessary to implement bird-safe glass
on all exterior window glazing installed as a part of the Work of the Project.
9.1 The Total Contract Price on the Price Proposal must include the total sum of
DBE costs for Services necessary to implement bird-safe glass (as specified in the
Bridging Documents) on 100% of all exterior window glazing.
9.2 In order to obtain City approval of the bird-safe glass design, DBE shall deliver
a mockup of the glass design during the design development phase, as specified in
Section 2.3 of the General Conditions of the Contract Documents.
10.Contract Price Adjustments. During the course of discussions and negotiations
following submission of the Proposal, City and DBE discussed and negotiated certain
potential additional modifications to the Project requirements and pricing associated with
those modifications, which may be made, at the City's election, following award and
execution of the Contract. It is agreed that the City may elect during the Design Phase
for items 1-4 and during the Construction Phase for item 5 to make the following
adjustments to the Contract Documents by issuing a Change Order, and that the
Contract Price will be adjusted by the amount stated for each such item:
Potential Modification Adjustment to
Contract Price
(+/-) 1 MC cabling for all branch power and lighting. Conduit -$25,000
homeruns to panelboards to remain
2 VE Lighting Package. Similar outputs and style, just -$18,000
lower quality fixtures
3 Fire Alarm System. Install FA Rated MC cable in lieu of -$7,000
EMT conduit
Cupertino Library Expansion Project
Project 2020-03
SPECIAL CONDITIONS
Page 81
Revised: July 13, 2020 – Public Works Contracts
1
Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS
A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s
(“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement
(“Contract”), includes immediate compliance by Contractor and its subcontractors with the
restrictions on travel and the Social Distancing Requirements set forth in the most recent health
order issued by the County of Santa Clara Health Department in response to the COVID-19
pandemic, and any subsequent amendments or superseding orders thereto (the “Health
Order”), and any other local, state, or federal laws that have been or may be enacted in
response to the COVID-19 pandemic (collectively, “Health Laws”).
B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social
distancing requirements in the Health Order when preforming work under this Contract. If a
scope of work item, notice to proceed, or work order under this Contract specifies work that
cannot be performed in compliance with the Health Order or other Health Laws, Contractor
shall refrain from conducting the work and immediately inform the City.
C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to
require any person at high risk of severe illness from COVID-19 to leave their residence to
perform work under the Contract. Contractor will inform the City if other arrangements for the
work must be made, and City will do so, with no penalty to Contractor, although Contractor will
not be compensated for work performed by the City or third parties. Information from the
Center for Disease Control ("CDC") on "high risk" categories is available at the CDC's website at:
https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html.
D. Health Order Requirements and Best Practices. Contractor will immediately undertake all
appropriate measures to ensure compliance with the Social Distancing Requirements in the
Health Order by all individuals on any project site or work area performing work under this
Contract, including Contractor's or any subcontractor's workers, employees, representatives,
vendors, or suppliers (collectively, "workers"), and shall maintain these measures for as long as
required by the Health Order or other Health Laws. In particular, Contractor must comply with
the provisions of the County’s Mandatory Directive for Construction Projects (attached hereto),
as applicable.
Further, as long as required by the operative Health Order or Mandatory Directive for
Construction Projects, or other Health Laws, these measures shall include, but are not limited
to, the following best practices:
1. Information. Inform all workers of the Social Distancing Requirements and these best
practices, including any updates or modifications, and require compliance as a condition
to being present on the project site or work area.
Revised: July 13, 2020 – Public Works Contracts
2
2. Social Distancing Protocol. Fill out and submit the newest version of the Social
Distancing Protocol to the County, using the County’s online form available at
https://www.sccgov.org/sites/covid19/Pages/social-distancing-protocol.aspx.
3. Sick Workers. Prohibit any individuals who have been tentatively or conclusively
diagnosed with COVID-19 or who have any symptoms of illness, including the following,
from entering or remaining on the project site or work area: fever, cough, shortness of
breath, sore throat, body aches, chills, sudden loss of smell or taste or other flu-like
symptoms. Encourage sick workers to get immediate medical attention.
4. Signage/Posters. As required, post or distribute (1) the most updated version of the
COVID-19 PREPARED Sign, and (2) a Social Distancing Protocol Visitor Information Sheet.
5. Face Coverings. Everyone at a job site must wear a face covering at all time, except
children under the age of 2, people who are medically prevented from wearing a face
covering, and for communication by or with people who are hearing impaired.
6. Sanitary Facilities. Ensure adequate handwashing and/or hand-sanitizing facilities are
available at all times and encourage frequent handwashing and/or hand-sanitizing
throughout the day as specified below. Portable sanitary facilities must be serviced and
cleaned on a daily basis. Provide hand sanitizer in or around all toilet facilities and
common areas, including project trailers.
a. Handwashing. Wash hands using soap and water for at least 20 seconds.
b. Hand-sanitizer. Use a hand sanitizer that contains at least 60-95% alcohol
when handwashing is not immediately available.
c. Paper Products. Ensure that toilet paper, tissues, and paper towels are
available as appropriate, with designated receptacles for disposal.
7. Distancing. Prohibit workers from being less than six feet apart, unless and only to
the extent that would compromise worker safety or violate safety Laws for specific
operations. Prohibit handshaking or any physical contact among workers, with the sole
and limited exception of any physical contact required for worker safety or to comply
with safety Laws. Avoid sharing tools to the extent possible. Require workers to provide
their own transportation where possible and to avoid having more than two workers in
a vehicle.
8. Groups/Meetings/Site Access. Avoid any group gatherings of 10 or more people. Use
electronic alternatives to in person meetings, e.g., conference calls, video-conferencing,
etc., to the greatest extent possible. Limit access to the project site or any work area to
workers who are necessary to perform the work at that time. Allow non-essential
Revised: July 13, 2020 – Public Works Contracts
3
personnel to work from home to the extent possible. Avoid all non-essential travel. Do
not stack trades if possible.
9. Frequent Cleaning. Provide for regular and appropriate cleaning of all high touch
surfaces at a project site or work area, including, but not limited to, shared tools or
equipment, doorknobs and handles, toolboxes, sanitary facilities, common break areas,
keypads, touch screens, project trailer surfaces and equipment, light or power switches,
workstations, countertops, break areas, and the like. Clean and/or disinfect any reusable
items or equipment. Clean surfaces of shared vehicles, including steering wheels, gear
shifts, handles, instrument panels, etc. Ensure that cleaning products are used correctly
and safely, and avoid cleaning techniques, such as use of pressurized air or water sprays,
that may generate bioaerosols.
10. Personal Protective Equipment. When workers cannot avoid close proximity or
physical contact, e.g., based on applicable safety laws, or are otherwise at risk for
exposure to COVID-19, ensure that the affected workers are provided with appropriate
personal protective equipment ("PPE"), which may include disposable gloves and/or
other PPE. Instruct workers to wash or sanitize hands after removing gloves or other
PPE. Ensure that all personal protective equipment is disposed of properly.
11. Water and Food. Prohibit shared or communal food or common water coolers.
Provide individual water bottles for workers or instruct workers to bring their own.
12. Enforcement. Immediately eject any worker who fails or refuses to comply with the
Health Laws, Social Distancing Requirements, or these best practices from the project
site until or unless the Project Manager issues a written authorization for the worker to
return, subject to full compliance.
F. Proof of Compliance. If Contractor is subject to the Mandatory Directive for Construction
Projects, Contractor must provide to the City the name and contact information for its
designated site-specific COVID-19 supervisor(s).
E. Oversight. In other to ensure that all workers comply with the Social Distancing
Requirements to the extent possible, Contractor shall designate a named individual to have
primary responsibility for implementation and enforcement of the Social Distancing
Requirements and these best practices, and to serve as the primary point of contact with the
City in this regard. Contractor shall promptly inform the City of the name of this individual.
F. Changed Requirements. It is understood and acknowledged that circumstances pertaining to
the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements
may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with
the City to implement new or changed requirements as quickly as possible.
Revised: July 13, 2020 – Public Works Contracts
4
G. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and
require any agents, subcontractors, or subconsultants to comply with its provisions.
Attachments to Exhibit A-A
Santa Clara County Mandatory Directive for Construction Projects
1228578.5
Effective July 13, 2020sccgov.org/coronavirus
ConstructionProjects
MANDATORY DIRECTIVE:
Issued: July 7, 2020
County of Santa Clara
Public Health Department Health Officer 976 Lenzen Avenue, 2nd Floor San José, CA 95126 408.792.5040
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 1 of 12
Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith
MANDATORY DIRECTIVE FOR CONSTRUCTION PROJECTS
*Please confirm that your facility and/or construction project jobsite may open under the
State Order. Where there is a difference between the local County Order and the State
Order, the more restrictive order must be followed. The State also has specific guidance for
certain facilities that must be followed in addition to this mandatory directive.*
Issued: July 7, 2020
Information on the State’s Order and State guidance is available at covid19.ca.gov.
While the construction industry is critical to ensuring a safe and sufficient supply of residential
and commercial space, construction work can also pose significant risks to public health due to
the COVID-19 pandemic. Because construction projects typically involve many workers
actively working on a jobsite at the same time, often in close proximity to one another or sharing
equipment, businesses and individuals performing and overseeing construction projects must
take extra precautions to reduce the risk of COVID-19 transmission for workers, visitors, and
others. This Directive applies to all construction projects, but the restrictions vary by the
size of the project, as specified below.
“Construction project” means any work (including a public works project) carried out in
connection with the construction, alteration, conversion, fitting-out, remodel, renovation,
refurbishment, demolition, decommissioning, or dismantling of a building or other structure; the
preparation of a physical site for any such activity; and education or training at which any such
activity is taught through onsite practice or experience. “Construction project” does not include
architectural, design, financial, or administrative work related to a construction project, unless
that work occurs at the construction jobsite. “Construction project” also does not include basic
repair or maintenance work, which means a repair or maintenance job that requires no more than
2 workers and no more than 2 days and that is not architecturally, financially, or administratively
associated with an active construction project.
This Directive explains how construction projects may operate. This Directive is mandatory, and
failure to follow it is a violation of the Health Officer’s Order issued on July 2, 2020 (“Order”).
Construction projects must comply with the Order and all requirements of this Directive.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 2 of 12
The Order Issued July 2
The Order imposes several restrictions on all businesses and activities to ensure that the County
stays as safe as possible, including but not limited to the following:
The Social Distancing Protocol: All businesses must fill out and submit the newest version of
the Social Distancing Protocol to the County using the online form, available here. The Protocol
is submitted under penalty of perjury, meaning that everything written on the form must be
truthful and accurate to the best of the signer’s knowledge, and submitting false information is a
crime. The Protocol must be distributed to all workers, and it must be accessible to all officials
who are enforcing the Order. Businesses are responsible for ensuring that workers understand
and are trained on Protocol requirements in a language that they understand. For any business
that only performs services for dispersed facilities or worksites that the business does not own or
operate, the business must complete a Social Distancing Protocol for its operation as a whole.
For any business that has a facility, but also provides services at dispersed facilities or worksites
that the business does not own or operate, the business must complete a Social Distancing
Protocol for its own facility and provide that Protocol to the owners or operators of any facility
where it operates.
Example: A construction company serves as a subcontractor on various jobsites
throughout the County and also operates a base facility within the County, where it
maintains its vehicles and equipment. The subcontractor must complete a Social
Distancing Protocol for its base facility. It must also distribute the Protocol to the
owners or operators of the jobsites to which it sends its workers. The subcontractor’s
workers must be given a copy of, be trained on, and comply with the measures in both
the subcontractor’s Social Distancing Protocol and the Social Distancing Protocol for
any jobsite at which they are performing work.
• Signage: All businesses must print (1) an updated COVID-19 PREPARED Sign and (2)
a Social Distancing Protocol Visitor Information Sheet, and both must be posted
prominently at all facility entrances. These are available for printing after submission of
the Social Distancing Protocol online.
Businesses do not need to post these documents if they do not have their own facility
or worksite and only perform services for dispersed facilities or worksites that the
business does not own or operate.
• Face Coverings: Everyone at a business facility or worksite must wear a face covering at
all times (except very young children, people for whom face coverings are medically
inadvisable, or for communication by or with people who are hearing impaired). Face
coverings must be worn even while working at a construction project. Workers do
not need to wear face covering if it would create a risk to the person related to their work,
in accordance with local, state, or federal workplace safety guidelines.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 3 of 12
• Density Limitation: All businesses must limit the number of people who may be inside
the facility at the same time. For staff members, the limit is 1 person per 250 gross
square feet of indoor facility space (this means total space, including areas open only to
staff like storage rooms). For members of the public, the limit is 1 person per 150 square
feet of space open to the public. The density requirements tell businesses how many
people (staff or clients) they can let inside the facility before another person leaves.
Children under 12 who are accompanying a parent or guardian do not count against the
limit, but everyone age 12 and over does. This Directive describes a limited exception
to the density limitation applicable only to construction project jobsites.
See the Order and the FAQ page for more details.
In addition to these general requirements applicable to all businesses under the Order,
construction projects must comply with the following directives.
Construction Projects on Own Residence Exempted
This Directive does not apply to construction projects where a person is performing construction
on their current residence alone or solely with members of their own household.
Rules for Single-Worker Construction Projects
This section lists the requirements for construction projects performed by only 1 worker, such as
someone who is working alone on a kitchen remodel project. This section for single-worker
projects does not apply to construction projects that involve multiple workers, even if only 1
worker is at the jobsite at any time; those projects must follow the Rules For All Construction
Projects, which are listed in the next section.
a. If the worker is working for a business, the worker must comply with the Social
Distancing Protocol of that business.
b. The worker must maintain 6 feet of social distance from all other people at all
times, including when entering and leaving the work area or building.
c. The worker must use and properly wear face coverings. In addition, the worker
must wear other personal protective equipment (PPE) appropriate for use in
construction, including gloves, goggles, and/or face shields.
d. To the extent possible, the worker must seal off the work area so that there is a
barrier between the worker and any other people in the building. For example, a
worker performing construction in the hallway of a residence must install a barrier
(such as plastic sheeting) between the area where the worker is working and the
rest of the hallway.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 4 of 12
e. The worker must frequently wash hands with soap and water for at least 20
seconds or use hand sanitizer with at least 60% alcohol.
f. The worker must not work or come to the jobsite if the worker has a fever, cough,
or any other COVID-19 symptoms.
g. The worker must maintain records of the dates and times the worker was at the
jobsite and must make those records immediately available upon request to any
County official.
h. If the worker tests positive for COVID-19, the worker must notify the County
Public Health Department within 4 hours of learning of the positive result by
following the instructions at www.sccsafeworkplace.org.
Rules for All Construction Projects (Except Single-Worker Construction Projects)
This section lists requirements for all construction projects (other than single-worker
construction projects).
*Note: Large Construction Projects must also follow additional requirements, which are
described beginning on page 9.*
1. Responsibilities of the General Contractor and Subcontractors
a. The business with the responsibility to oversee a construction project, described in
this Directive as the “General Contractor,” must complete and submit a Social
Distancing Protocol specific to the construction project jobsite. (The General
Contractor may also need to submit social distancing protocols for its base facility
or for other jobsites subject to this Directive.)
b. The General Contractor is responsible for ensuring that all work and operations at
the construction jobsite is performed in compliance with the Order, this Directive,
and the jobsite-specific Social Distancing Protocol.
c. The General Contractor must train its workers to comply with the Order, this
Directive, and the jobsite-specific Social Distancing Protocol.
d. Subcontractors do not need to submit their own jobsite-specific Social Distancing
Protocols for the same site, but the General Contractor must not allow any
subcontractor onto the jobsite unless that subcontractor has given the General
Contractor a signed certification that:
i. the subcontractor has reviewed the Order and this Directive and will
comply with them;
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 5 of 12
ii. the subcontractor has reviewed the General Contractor’s jobsite-specific
Social Distancing Protocol and trained its workers on that Protocol; and
iii. the subcontractor has completed and submitted its own Social Distancing
Protocol covering its operations, and has provided a copy of that Protocol
to the General Contractor.
2. General Contractors and Subcontractors Must Report COVID-19 Positive Cases
a. Whenever the General Contractor learns that a person who has tested positive for
COVID-19 was at the jobsite within 48 hours of the date they were tested or
within 48 hours of becoming symptomatic, the General Contractor must
immediately implement the jobsite-specific Social Distancing Protocol’s
procedures for when a person tests positive for COVID-19. All positive cases
must be reported by following the instructions at www.sccsafeworkplace.org.
b. All subcontractors must immediately (within 1 hour, regardless of the time of
day) alert the General Contractor as soon as they learn that an employee has tested
positive who is currently at the jobsite, or who was at the jobsite within 48 hours
of the date they were tested or within 48 hours of becoming symptomatic. This
reporting requirement is in addition to the subcontractor’s own reporting
requirements under the Order and the procedures in the subcontractor’s Social
Distancing Protocol.
3. Cleaning After Positive Case Identified
Upon learning of a confirmed positive case at the jobsite within the last 48 hours, any
location where the infected worker was known to have been present must be immediately
closed and sanitized. Work in these locations must cease until sanitization is complete.
4. General Contractor is Responsible for Ensuring the Jobsite is Operated Safely Following
All Legal Requirements
a. The General Contractor must ensure that everyone at the jobsite—including its
own workers, the subcontractors’ workers, and visitors—complies with the Order,
this Directive, the jobsite-specific Social Distancing Protocol, and any other laws
and regulations that apply to the work (for example, OSHA and Cal-OSHA
requirements). If there is a conflict in what different laws require, the strictest
standard applies.
b. The General Contractor’s responsibility for ensuring jobsite compliance under
this paragraph 4 does not, however, relieve any subcontractors of their own
responsibilities under the Order, their Social Distancing Protocol, this Directive,
and all other applicable laws and regulations.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 6 of 12
c. Any worker, or any subcontractor, may file a complaint that the General
Contractor has not complied with the Order, this Directive, or the jobsite-specific
Social Distancing Protocol, or that the General Contractor has failed to require
others to comply. Complaints may be filed through the County Office of Labor
Standards Enforcement Advice Line (866-870-7725) or website
(www.sccfairworkplace.org).
5. Designated COVID-19 Supervisor(s)
a. The General Contractor must designate a site-specific COVID-19 Supervisor or
Supervisors to enforce the jobsite-specific Social Distancing Protocol and this
Directive. The designated COVID-19 Supervisor(s) must be present at the jobsite
at all times during construction activities. The COVID-19 Supervisor may be an
on-site worker who is designated to serve in this role. The General Contractor
must prominently post a sign at all entrances to the jobsite clearly identifying the
COVID-19 Supervisor(s) by name and providing their phone number and email
address.
b. The designated COVID-19 Supervisor(s) must review this Directive and the
jobsite-specific Social Distancing Protocol with all workers and other persons at
the jobsite. The General Contractor is responsible for making sure this occurs.
c. The COVID-19 Supervisor must monitor and ensure implementation at the jobsite
of all requirements in this Directive, the jobsite-specific Social Distancing
Protocol, and the Order.
6. Seal Off Area of Construction Project from Other Parts of Occupied Sites
Where construction work occurs within an occupied residential or commercial building,
all of the following rules apply:
a. Work areas must, to the extent feasible, be sealed off from the remainder of the
building (and from the remainder of the unit, if work is performed within a
residential unit) with physical barriers such as plastic sheeting or closed doors
sealed with tape.
b. If possible, workers must access the work area from entry/exit door(s) different
from the entry/exit door(s) used by residents or occupants accessing the remainder
of the building that is not under construction.
c. Available windows and/or doors must be used to ventilate the work area during
the workday and any other times work is performed.
d. If residents or occupants have access to the work area between workdays, the
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 7 of 12
work area must be cleaned and sanitized at the beginning and at the end of
workdays.
e. Every effort must be taken to minimize contact between workers and residents or
occupants, including maintaining a minimum of at least 6 feet of social distancing
at all times.
7. Personal Protective Equipment (PPE)
The General Contractor must obtain, provide at no cost to workers, and require that all
workers use personal protective equipment (PPE) appropriate for use in construction,
including gloves, goggles, face shields, and face coverings as appropriate for the activity
being performed. Face coverings must be worn in compliance with the State’s mandatory
Guidance for the Use of Face Coverings and any additional directives issued by the
County Health Officer. At no time may medical-grade PPE be used at a construction site
unless it is required due to the medical nature of the jobsite or local, state, or federal
workplace safety requirements.
8. Social Distancing, Sanitizing, and other Measures
a. The General Contractor must:
i. Ensure compliance at the jobsite with the Order’s density limitations
except to the extremely limited extent a higher density is temporarily
necessary to safely carry out a specific job function.
1. The density limitations apply to all indoor areas where
construction work is actively being performed. Density limitations
do not apply to staging areas or lay-down areas that are separate
from the area where construction work is actively being performed.
ii. Stagger shifts, breaks, and trade-specific work as necessary to reduce
density and allow for easy maintenance of minimum 6-foot distancing.
Staggered shifts and breaks must comply with applicable wage and hour
laws.
1. All persons must maintain minimum 6-foot distancing except to
the extremely limited extent shorter distances are temporarily
necessary to safely carry out a specific job function.
iii. Eliminate or resolve “choke points” and “high-risk areas” where workers
are unable to maintain 6-foot social distancing. The General Contractor
must prohibit or limit use of these areas to ensure that 6-foot distance can
easily be maintained between individuals.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 8 of 12
iv. If possible, ensure workers eat their meals and take their breaks outdoors,
and maintain social distancing during meals and breaks.
v. Prohibit gatherings of any size on the jobsite (except for meetings required
by this Directive), including gatherings for breaks or eating. Sharing of
any food or beverage is strictly prohibited.
vi. Cal-OSHA requires employers to provide water. Water must be provided
in single-serve containers.
vii. Prohibit use of microwaves, water coolers, and other similar shared
equipment.
b. Workers must:
i. Unless strictly necessary to carry out a job function, maintain at all times
at least 6-foot social distancing from fellow workers and all site visitors,
including delivery workers, design professionals and other project
consultants, government agency representatives (including building and
fire inspectors), and residents at residential construction sites.
ii. Not carpool to and from the jobsite except with others living within the
same household unit, or if necessary because they have no alternative
means of transportation. If workers from different households must
carpool, they must wear face coverings while riding together in the same
vehicle, sit at the greatest distance possible, and maintain ventilation by
keeping windows open as feasible.
9. Notice for Workers and Visitors of Required Practices
The General Contractor must prominently post a notice at all entrances to the jobsite
visible to all workers and visitors instructing workers and visitors to do the following:
a. Do not touch your face with unwashed hands or with gloves.
b. If equipment is shared, it must be fully sanitized before and after each use.
c. Wash your hands often with soap and water for at least 20 seconds each time, or
use hand sanitizer with at least 60% alcohol.
d. Clean and disinfect objects and surfaces you touch often, such as work stations,
keyboards, telephones, handrails, machines, shared tools, elevator control buttons,
and doorknobs.
e. Cover your mouth and nose with a tissue or cloth when you cough or sneeze, or
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 9 of 12
cough or sneeze into your elbow/sleeve – never into your hands.
f. Do not enter the jobsite if you have a fever, cough, or other COVID-19
symptoms. If you feel sick, or have been exposed to anyone who is sick, stay at
home.
g. Constantly make sure you are staying at least 6 feet away from co-workers at all
times, unless it is absolutely necessary to get closer to complete a task for the
construction project.
h. Do not carpool to and from the jobsite with anyone except members of your own
household, or if necessary because you have no alternative means of
transportation. If you carpool with people from another household, you must wear
a face covering while riding together in the same vehicle.
i. Do not share phones or PPE.
Posters conforming to this requirement are available for download at
https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do-flyers.aspx.
10. Cooperate with County’s Case Investigation and Contact Tracing Efforts
The General Contractor must maintain a daily attendance log of all workers and visitors
at the jobsite that includes contact information (including name, phone number, address,
and email) and the date, time, and duration of each person’s presence at the jobsite. If
someone on the jobsite tests positive for COVID-19, the General Contractor is legally
required to assist the County Public Health Department in any case investigation and
contact tracing efforts.
11. Monitor and Inform Supervisors and Subcontractors of Revised Requirements
The General Contractor must regularly check for revisions to the Order, this Directive,
relevant industry-specific guidance published by the California Department of Public
Health, and other relevant rules or guidance. The General Contractor must inform all
jobsite supervisors (including the designated COVID-19 Supervisor(s), all field
supervisors, foremen, and safety directors) and all subcontractors of any revisions or
additions to the requirements for construction projects.
Additional Rules for Large Construction Projects
This section describes additional requirements that apply only to Large Construction Projects.
12. What is a Large Construction Project?
A “Large Construction Project” is a construction project that meets any of the following
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 10 of 12
specifications:
a. For residential projects, any single-family, multi-family, senior, student, or other
residential construction project consisting of 10 or more units; or
b. For commercial projects, any construction project consisting of 20,000 or more
square feet of floor area; or
c. For mixed-use construction projects, any construction project that meets either of
the specifications above in Subparagraphs (a) and (b); or
d. Any infrastructure project that requires 20 or more workers at the jobsite at any
one time.
13. COVID-19 Supervisor’s Additional Compliance, Monitoring, and Remediation
Responsibilities
a. The designated COVID-19 Supervisor must:
i. Conduct daily briefings in person (with proper social distancing) or by
teleconference that must cover the following topics:
1. New jobsite rules and pre-jobsite travel restrictions for the
prevention of COVID-19 community spread.
2. Review of sanitizing and hygiene procedures.
3. Worker feedback on improving safety and sanitizing.
4. Coordination of construction site daily cleaning/sanitization
requirements.
5. Any newly available information regarding COVID-19.
6. Emergency protocols in the event of an exposure or suspected
exposure to COVID-19.
ii. Each day, verify and record verification that each jobsite is compliant with
this Directive. The General Contractor must collect each written
verification, store them for at least 1 year, and make them immediately
available upon request to any County official.
iii. Conduct the following activities to make sure that the jobsite is ready to
fix any violations of this Directive:
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 11 of 12
1. Develop a remediation plan;
2. If any non-compliance is identified, ensure that the remediation
plan is implemented, and post the remediation plan at all entrances
to the jobsite during the remediation period;
3. Stop any construction activity until the jobsite is back in
compliance; and
4. Report repeated non-compliance with this Directive to the
appropriate jobsite supervisors and the permitting agency for the
local government where the project is located.
b. The General Contractor is responsible for making sure the designated COVID-19
Supervisor takes all of these steps.
14. Jobsite Safety Accountability Supervisor (JSAS)
The General Contractor must assign a COVID-19 Third-Party Jobsite Safety
Accountability Supervisor (JSAS) for the jobsite. The JSAS may not be an employee of
the General Contractor. The JSAS must at a minimum hold an OSHA-30 certificate and
first-aid training, or equivalent credentials, from within the past 2 years. The JSAS must
be trained in the requirements in this Directive and the jobsite-specific Social Distancing
Protocol and must verify compliance with those requirements, including by visual
inspection and random interviews with workers. The JSAS must inspect the jobsite as
often as needed to ensure consistent compliance, but not less than once per week. The
JSAS must inspect the jobsite during normal construction hours.
a. The General Contractor must prominently post a sign at all entrances to the
jobsite visible to all workers and visitors that clearly identifies the JSAS for the
jobsite by name and providing their phone number and email address.
b. Within 7 calendar days of each jobsite visit, the JSAS must complete a written
assessment identifying any failure to comply with this Directive. The written
assessment must be copied, stored, and, produced upon request to the County or
local permitting agency.
c. If the JSAS discovers that a jobsite is not in compliance with this Directive and
the jobsite-specific Social Distancing Protocol, the JSAS must work with the
designated COVID-19 Supervisor to develop and implement a remediation plan.
d. The JSAS must coordinate with the designated COVID-19 Supervisor to prohibit
continuation of any work activity not in compliance with this Directive or the
jobsite-specific Social Distancing Protocol. The JSAS must make sure that the
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 12 of 12
work activity does not resume until the noncompliance is fixed and the continuing
work is compliant with this Directive.
e. The remediation plan must be sent to the local permitting agency and a designated
County official within 5 calendar days of the JSAS’s discovery of the failure to
comply.
15. Translation for Non-English-Speaking Workers
The General Contractor must translate (and, where otherwise required, post) all of the
following documents as necessary to ensure that all non-English-speaking workers are
able to understand the documents:
a. The Notice for Workers and Visitors of Required Practices described in Paragraph
9 (on page 8).
b. The remediation plan described in Paragraph 13.a.iii.1 (on page 11).
Stay Informed
For answers to frequently asked questions about this industry and other topics, please see the
FAQ page. Please note that this Directive may be updated. For up-to-date information on the
Health Officer Order, visit the County Public Health Department’s website at
www.sccgov.org/coronavirus.
Executed in four (4) Counterparts
Bond No. 57BCS114619
Premium: $53,108.00
Performance Bond
The City of Cupertino ("City") and Rodan Builders, fnc. ("DBE") have entered into a design-build
contract, dated August 18, 2020 ("Contract") for design-build delivery of the Cupertino Library
Expansion Project ("Project"). The Contract is incorporated by reference into this Performance
Bond ("Bond"),
1. General. Under this Bond, DBE as Principal and Hartford Fire Insurance Company , its
surety ("Surety"), are bound to City as obligee for an amount not Iess than $5,831,168,
based on '100% the Construction Services price as specified in Section 3 ofthe Contract
(and as defined in Article 1 of the Contract General Conditions), to ensure DBE's faithful
performance of its obligations under the Contract. By executing this Bond, DBE and Surety
bind themselves and their respective heirs, executors, administrators, successors, and
assigns, jointly and severally, to the provisions of this Bond.
2. Surety's Obligations. Surety's obligations are co-extensive with DBE's obligations under
the Contract. If DBE fully performs its obligations under the Contract, including its warranty
obligations under the Contract, Surety's obligations under this Bond witl become null and
void. Otherwise Surety's obligation wilJ remain in full force and effect.
3. Waiver. 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
Documents, including changes to the scope of the Construction Services or extensions of
time for performance of the Construction Services under the Contract. Surety waives the
provisions of Civil Code §§ 2819 and 2845.
4. Application of Contract Balance. Upon making a demand on this Bond, City will make
the Contract Balance avaifable to Surety for completion of the Construction Services under
the Contract. For purposes of this provision, the Contract Balance is defined as the total
amount payable by City to DBE as the Construction Services price minus amounts a)ready
paid to DBE for the Construction Services, and minus any liquidated damages, credits, or
back charges to which City is entitled under the terms of the Contract.
5. DBE Default. Upon written notification from City of DBE's termination for default under
Article 13 of the Contract General Conditions, time being of the essence, Surety must act
within the time specified in Article 13 to remedy the default through one of the folJowing
courses of action:
5,1 Arrange for completion of the Construction Services under the Contract by DBE,
with City's consent, but onfy if DBE is in default solely due to its financial inabitity to
complete the Construction Services;
5.2 Arrange for completion of the Construction Services under the Contract by a
qualified contractor acceptable to City, and secured by performance and payment bonds
issued by an admitted surety as required by the Contract Documents, at Surety's expense;
or
5.3 Waive its right to complete the Construction Services under the Contract and
reimburse City the amount of City's costs to have the remaining Construction Services
completed.
6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to
recover ail costs it incurs due to Surety's default, including legal design professional, or
delay costs.
Cupertino Library Expansion Project
Project 2020-03
PERFORMANCE BOND
Page 8
Bond No. 57BCS114619
7. Notice. Any notice to Surety may be given in the manner specified in the Contract and
sent to Surety as follows:
Attn: Andrew Holloway
Address: 101 Montqomery st., Suite 2700
(,jiy/8i'BiB/2ip; San Francisco, CA 94'l04
Phone: (415) 836-4837
Fax: (866) 780-9956
Elnatl: auJz evv.lzulluvvuy@Lliahartford.com
8, Law and Venue. This Bond will be governed by California law, and venue for any dispute
pursuant to this Bond will be in the Santa Ciara County Superior Court, and no other place.
Surety will be responsibe For City's attorneys' fees and costs in any action to enforce the
provisions of this Bond.
9, Effective Date; Execution. This Bond is entered into and effective on
Augustl2 , 2020
SURETY: Hartford Fire Insurance Company
Business Name
Valerie Garcia, Attorney-in-Fact
Name/Title
(Acknowledgment with Notary Seal for Surety and Surety's Power of Attorney must be attached.)
DBE: Rodan Builders, Inc,
Business Name
Dan Oliver, Secretary C.F.O.
Name/Title
Date:
Name/Title
Date:
END OF PERFORMANCE BOND
Cupertino Library Expansion Project
Project 2020-03
PERFORMANCE BOND
Page 9
CALIPORNIA ALL-PuRfHl"'J- At!KNQWI Pn@MtNT CMlCODE§l'ffl9
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 ofthat document.
State of California
County of San Fran9;.Sc.o.
Date Here Insert Name and Title of the Officer
personally appeared Valerie Garc!a
Name(s) d Signer(s)
............1
who proved to me on the basis of satisfactory evidence to be the persor@ whose name@ is/ax
subscribed to the within instrument and acknowledged to me that -m/she/- executed the same in
-me/herAm:authorized capacity, and that by her/:signature@on the instrumentthe perso
or the entity upon behalf of which the person(s)-acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and seal.
Signature of Notary Public
Place Notary Seal Above
OF"TIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Vaferie Garcia
€ Corporate Officer - Title(s):
[] Partner - € Limited [) General
€ Individual [x Attorney in Fact
€ Trustee € Guardian or Conservator
€ Other:
Signer Is Representing:
s Name:
€ pfficer - Title(s)
€ Partner - i i €
€ Individual € in Fact
€ Trustee Conservator
€ Other:
S resenting:
@014NationalNotaryAssociatmawww.NationalNotary.orgal-800-USNOTARY(1-800-876-6&!7) ltern#5907
D/rect InquirieslClaims to:
POWER OF ATTORNEY
THE HARTFORD
BOND, T-11
One Hartfom Plaza
Hartford, Connecticut 06165
pond.Claims@tpehartFord.com
call: 888-266-3488 orfax: 860-757-6835
KNOW ALL PERSON8 BY THESE PRE8ENT8 THAT:Agency Name:
Aqenq Code:
WOODRUFF SAWYER & COMPANY
57-554795
[Hartford Fire Insurance Company, a corporation duly orgmiized underdie laws of the State of Connecticut
JHartfordCasualtylnsuninceCompany,acorporationdulyorganizedunderthelawsoftheStateofhidiana
JHartfomAccidentandlndemnityCompany,acorporationdulyorganizedunderthelawsoftheStateofConnecticut
gHartfomUndenmriterslnsuranceCompany,aoorporationdulyorganizedunderthelawsoftheStateofConnecticut
gTwin City Fire Insurance Company, a corporation duly organizedunderthe laws of the State of Indiana
gHartfordlnsuranceCompanyofllIinois,acorationdulyorganizedunderthelawsoftheStateofIllinois
gHartfomlnsuranceCompanyoftheMidwest,acorporationdulyorganizedunderthelawsoftheStateofIndiana
OHartfom Insurance Company of the 8outheasl a corporation duly organizedunder the laws of the State of Florida
having their home offioe in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
uptotheamountof Unlimited :
Nerissa S. Bartolome, Christina Burton, Alicia Dass, Joan DeLuca, Roger C.
Dickinson, Patrick R Diebel, Valerie Garcia, Kelly Holtemann, Thomas E. Hughes,
Stanley D. Loar, Mark M. Munekawa, Sara Ridge, Yvonne Roncagliolo, Charles R.
Shoemaker of SAN FRANCISCO, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by g, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behaff of the Companms in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Wttneas Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power ofAttorney.
H i*av i
lla7
k)-
Shelby W@gins, Assistant Secretary
STATEOFFLORIDA l
11111
l9"t'l
Joelle L. LaPierre, Assistant Vice President
On this 13th day of February, 2020, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say:
that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which
executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals;
that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority.
V Jessica Noelle Ciccone
Expires Jtu'ie 20, 2021
1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY thaAtuthgeuas\ive, a2n,d f\rO!oOing is a true and correctcopy of the Power of Attorney executed by said Companies, which is still in full force effective as of
Signed and sealed in Lake Mary, Florida.
I!tS
i 1087
041>uMA
KeRh D. Dozois, Assistant Vice President
Executed in four (/I) f"ouiitci pen Lb Bond No. 57BCS114619
Premium: Included in Performance Bond
Payment Bond
The City of Cupertino ("City") and Rodan Builders, fnc. ("DBE") have entered into a design-build
contract, dated August 18 , 20 20 ("Contract") for design-build delivery of the
Cupertino Libraiy Expansion Project ("Project"). The Contract is incorporated by reference into
this Payment Bond ("Bond").
1. General. Under this Bond, DBE as principal and Hartford Fire Insurance Company its
surety ("Surety"), are bound to City as obfigee in an amount not less than $5,83'l;168,
based on 4 00% of the Construction Services price as specified in Section 3 of the Contract
(and as defined in Article 'I of the Contract General Conditions), under California Civil Code
§ 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the
respecUve successors, assigns, owners, heirs, or executors of Surety and DBE.
2. Surety's Obligation. l( DBE or any of its contractors or subcontractors fails to pay any
person authorized in California Civil Code § 9'l00 to assert a claim against a payment
bond, any amounts due under the Unemployment Insurance Code with respect to work or
labor peformed under the Contract, or any amounts required to be deducted, withheld, and
paid over to the Employment Development Department from the wages of employees of
DBE and its contractors or subcontractors, under California Unemployment Insurance Code
§ 13020, with respect to the work and labor, then Surety will pay the obligation.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named in Ca)ifornia
Civil Code § 9100, so as to give a right of action to those persons or their assigns in any
suit brought upon this Bond. DBE must promptly provide a copy of this Bond upon request
by any person with fegal rights under this Bond.
4, Duration. If DBE 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 Contract and as required by
California law, Surety's obligations under this Bond will be null and void. Otherwise,
Surety's obligations will remain in full force and effect.
5, Waivers. Surety waives any requirement to be notified of alterations to the Contract or
extensions of time for performance of the Work under the Contract. Surety waives the
provisions of CiviJ Code §§ 2819 and 2845. City waives the requirement of a new bond for
any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in
the manner specified in the Contract and delivered or transmitted to Surety as follows:
Attn: Andrew Holloway
AddreSS: 10'l Montgomer9 st., Suite 2700
City/State/Zip: San Francisco, CA 94'104
Phone: (4'l5) 836-4837
Fax: (866)780-9956
Email:andre'vv.liulluweiyp,Llivliai lIui J.b0m
6. Law and Venue. This Bond will be governed by California law, and venue for any dispute
pursuant to this Bond wili be in the Santa Clara County Superior Court, and no other place.
Surety will be responsible for City's attorneys' fees and costs in any action to enforce the
provisions of this Bond.
Cupertino Library Expansion Project
Project 2020-03
PAYMENT BOND
Page 6
Bond No. 57BCS114619
7, Effective Date; Execution. This Bond is entered into and is effective on Au ust * 2 ,
2020.
SURETY: HartfordFirelnsuranceCompany
Business Name
s/
Valerie Garcia, Attorney-in-Fact
Name/Title
()ale, Augus[ 12, 2020
(Attach Acknowledgment with Surety's Notary Seal and Power of Attorney.)
DBE: Rodan Builders, Inc.
s/
B'
Dan Oliver, Secretary C.F.O.
Name/Title
Date:
s/
Name/Title
END OF PAYMENT BOND
Cupertino Library Expansion Project
Project 2020-03
PAYMENT BOND
Page 7
CAIIPORNIA Ml 1. f'unPOC AeKNOWLID@M!NT CML €:ODE§11W
A notary public or other officer completing this certificate verifies only the identity of the individuaf who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document.
State of California
County of San Francisco
Date
5d@(B BB, /'kltO!':! ['!!f9, N@t4Q/ pll51jC
Here Insert Name and Title of the Officer
personally appeared Valer!e Ga'C!a
Narr@s) d Sigtw,$)
who proved to me on the basis of satisfactory evidence to be the perso$)- whose name(s) is/a
subscribed to the within instrument and acknowledged to me that -m/sheMey- executed the same in
or the entity upon behalf of which the person(s)-acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Datea.
Number of Pages: Signer(s) Other Than Named Above: ,,,
Capacity(ies) Claimed by Signer(s)
Signer's Name: Valerie Garcia
€ Corporate Officer - Title(s):
€ Partner - € Limited € General
€ Individual [x Attorney in Fact
€ Trustee € Guardian or Conservator
€ Other:
Signer Is Representing:
€ pfficer - Title(s)
€ Partner - i i €
€ Individual II] in Fact
€ Trustee Conservator
rl Other:
S resenting:
@2014NationalNotaryAssociationawww.NationalNotary.orgal-800-USNOTARY(1-800-876-6827) ltern#5907
POWER OF ATI'ORNEY
KNOW ALL PERSONS BY THESE PRESENT8 THAT:Agency Name: WOODRUFF
AgencyCode: 57-554795
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-11
One Hartfom Plaza
Hartfom, ConnecUcut 06156
Bond.Claims@th@hartfqrd.com
caff: 888-266-3488 orfax: 860-767-5836
SAWYER & COMPANY
[HartfordFirelnsuranceCompany,acorporationdulyorganizedunderthelawsoftheStateofConnecticut
JHartfordCasualtylnsuranceCompany,acorporationdulyorganizedunderthelawsoftheStateofhidimia
JHartfordAecidentandlndemnityCompany,acorporationdulyorganizedunderthelawsoftheStateofComiecticut
gHartfonlUndensrmsmlnsuranceCompany,acorporationdulyorganizedunderthelawsoftheStateofComiecticut
gTmn City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
gHartfordlnsuranceCompanyoflllinois,acorporationdulyorgmiizedundgthelawsoftheStateofIllinois
gHartfomlnsuranceCompanyoftheMidwest,aco@orationdulyorganizedunderthelawsoftheStateofIndiana
OHartfomlnsuranceCompanyofthe8outheast,acorpormiondulyorganizedunderthelawsofdieStaieofFlorida
having their home office in Hartford, Connecticut, (hereinaffer collectively referred to as the "Companies") do hereby make, mnstitute and appoint,
uptoUheamountof Unlimited :
Nerissa S. Bartolome, Christina Burton, Alicia Dass, Joan DeLuca, Roger C.
Dickinson, Patrick R Diebel, Valerie Garcia, Kelly Holtemann, Thomas E. Hughes,
Stanley D. Loar, Mark M. Munekawa, Sara Ridge, Yvonne Roncagliolo, Charles R.
Shoemaker of SAN FRAN(,ISCO, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by 7, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Wttness Wbereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies
have caused these presents to be signed by its Assistant Vioe President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power ofAttomey.
i 10 (k 7
lla7
%ia#
t=)-
Shelby Wiggins, Assistant Secretary
STATEOFFLORIDA I
SS. Lake Mary
Joelle L. LaPiem,, Assistant Vice President
On this 13th day of February, 2020, before me personally came Joelle LaPierre, to me known, who being by me duiy sworn, did depose and say:
that (s)he resides in Seminole County, State of Florida; that (s)he is the ASsistant Vice President of the Companies, the corporations described in and which
executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals;
that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by !ike authority,
G/ Jessica Noelle Ciccon
My Cominission #FFO29702
Expires Jtine 20, 2021
1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY thaAtuthgeuas\ive an,d %e9oing is a true and correctcopy of the Power of Attorney executed by said Companies, which is still in full force effective as of
Signed and sealed in Lake Mary, Florida.
e
i lJa7
h ,IR71
Zi
KeRh D. Dozois, Assistant Vice President
Executed in four (4) Counterparts
Bond No. 57BCS114619
Premium: $53;108.00
Performance Bond
The City of Cupertino ("City") and Rodan Builders, Inc. ("DBE") have entered into a design-buitd
contract, dated August 18, 2020 ("Contractl') for design-build delivery of the Cupertino Library
Expansion Project ("Project"). The Contract is incorporated by reference into this Performance
Bond ("Bond"),
1. General. Under this Band, DBE as Principal and Hartford Fire Insurance Company , itS
surety ("Surety"), are bound to City as obligee for an amount not less than $5,831,j68,
based on 'JOO% the Construction Services price as specified in Section 3 of the Contract
(and as defined in ArticJe I of the Contract General Conditions), to ensure DBE's faithful
performance of its obligations under the Contract. By executing this Bond, DBE and Surety
bind themselves and their respective heirs, executors, administrators, successors, and
assigns, jointly and severally, to the provisions of this Bond.
2. Surety's Obligations. Surety's obligations are co-extensive with DBE's obligations under
the Contract. If DBE 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. Otherwise Surety's obligation will remain in full force and effect.
3. Waiver. 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
Documents, including changes to the scope of the Construction Services or extensions of
time for performance of the Construction Services under the Contract. Surety waives the
provisions of Civil Code §§ 2819 and 2845.
4. Appiication of Contract Balance. Upon making a demand on this Bond, City will make
the Contract Balance avaitable to Surety for completion of the Construction Services under
the Contract. For purposes of this provision, the Contract Balance is defined as the total
amount payable by City to DBE as the Construction Services price minus amounts already
paid to DBE for the Construction Services, and minus any liquidated damages, credits, or
back charges to which City is entitled under the terms of the Contract.
5. DBE Default. Upon written notification from City of DBE's termination for default under
Article 13 of the Contract General Conditions, time being of the essence, Surety must act
within the time specified in Article 13 to remedy the defaut through one of the following
courses of action:
5.1 Arrange for completion of the Construction Services under the Contract by DBE,
with City's consent, but oniy if DBE is in default solely due to its finaricial inability to
complete the Construction Services;
5.2 Arrange for compfetion oT the Construction Services under the Contract by a
qualified contractor acceptable to City, and secured by performance and payment bonds
issued by an admitted surety as required by the Contract Documents, at Surety's expense;
or
5,3 Waive its right to complete the Construction Services under the Contract and
reimburse City the amount of City's costs to have the remaining Construction Services
completed.
6, Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to
recover al) costs it incurs due to Surety's default, including legal, design professional, or
delay costs,
Cupertino Library Expansion Project
Project 2020-03
PERFORMANCE BOND
Page 8
Bond No. 57BCS114619
7. Notice. Any notice to Surety may be given in the manner specified in the Contract and
sent to Surety as follows:
Attn: Andrew Holloway
Address: 101 Montqomery st., Suite 2700
(,jay/8i,3iB/2ip; San Francisco, CA94104
p§0Q8: (415)836-4837
Fax: (see) 780-9956
5BBjl; andrew.holloway@thehartford.com
8. Law and Venue. This Bond will be governed by California law, and venue for any dispute
pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place.
Surety will be responsible for City's attorneys' fees and costs in any action to enforce the
provisions of this Bond.
9. Effective Date; Execution. This Bond is entered into and effective on
August 12 , 20 20
SURETY: Hartford Fire Insurance Company
Business Name
s/
Valerie Garcia, Attorney-in-Fact
Name/Title
(Acknowledgment with Notary Seal for Surety and Surety's Power of Attorney must be attached.)
DBE: Rodan Builders, Inc.
Business Name
Dan Oliver, Secretary C.F.O.
Name/T itle
Date:
NamefTitle
Date:
END OF PERFORMANCE BOND
Cupertino Library Expansion Project
Project 2020-03
PERFORMANCE BOND
Page 9
CALIPORNIA 4 € 1. rMlPO!!t: A €:KNOWI Pn@MPNT C1VILOODE§1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
documentto which this certificate is attached, and not the truthfutness, acuracy, or validity ofthat document.
State of California
County of San F ranO'*8Co
On s li'l,/toz,D
Date
before me, Alicia Dass, Notary Public
Here Insert Name and Title of the Officer
personally appeared Valer!e Garc!a
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s). whose nam$) is/ax
subscribed to the within instrument and acknowledged to me that -m/she/4 executed the same in
-herAauthorized capacity(, and that by her/ttmr-signature(4on the instrumentthe persor@,
or the entity upon behalf of which the persor$)-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
Signature .,z-
seal.
Signature of Notary Public
Place Notary Sea/ Above
OPTIONAL
Though this section is optional, completing this information can deter atteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Valerie Garcia
€ Corporate Officer - Title(s):
€ Partner - € Limited € General
€ Individual [x Attorney in Fact
€ Trustee € Guardian or Conservator
€ Other:
Signer Is Representing:
Nome:
Officer - Title(s):
€
€ in Fact
Conservator
@2014NationalNotaryAssociationawww.NmionalNotary.orga1-800-USNOTARY(1-800-876-6827) ltern#5907
POWER OF ATI'ORNEY
D/reef InquirieslClaims k>:
THE HARTFORD
BOND, T-11
One Hartfom Plaza
Hartford, ConnecUcut 06166
Bond.Claims@ihehartford.com
call: 888-286-3488 orfax: 860-767-8836
KNOW ALL PERSON8 BY THE8E PRE8ENTS THAT:Agency Name: WOODRUFF SAWYER & COMPANY
AgencyCode: 57-554795
JHartfomFirelnsuranceCompany,acorporationdulyorganizedunderthelawsoftheStateofConnecticut
OXHartford Casualty Insurance Company, a corporation duly organizedunder the laws of the State of hidiana
JHartfordAccidentandlndemnityCompany,acorporationdulyorganizedunderthelawsoftheStateofConnecticut
OHartford Underwriters Insurance Company, a corporation duly organizedunderthe laws of die State of Connecticut
gTmnCityFirelnsuranceCompany,acorporationdulyorgmiizedunderthelawsoftheStateofIndimia
OHartfomlnsuranceCompanyoflllinois,acoprationdulyorganizedunderthelawsoftheStateofIllinois
OHartfordlnsuranceCompanyoftheMlidweslaoo@orationdulyorganizedunderthelawsoftheStateofIndimia
OHartfomlnsuranceCompanyoftheSoutheaalacorporationdulyorganizedunderthelawsoftheStateofFlorida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
uptoheamountof Unlimited :
Nerissa S. Bartolome, Christina Burton, Alicia Dass, Joan DeLuca, Roger C.
Dickinson, Patrick R Diebel, Valerie Garcia, Kelly Holtemann, Thomas E. Hughes,
Stanley D. Loar, Mark M. Munekawa, Sara Ridge, Yvonne Roncagliolo, Charles R.
Shoemaker of SAN FRANCISCO, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by g, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behaff of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies
have caused these presents to be signed by its Assistant Vice President and its oorporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power ofAttorney.
jlldA
t=)-
Shelby Wiggins, Assistant Secretary
SS. Lake Mary
cousryopstuim.ott J
!abiaa;.:/
Joelle L. LaPiem,, Assistant Vice President
On this 13th day of February, 2020, before me personatly came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say:
that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which
executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals;
that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority.
Expires Jiuie 20, 2021
1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY thaAtuthgeuasbtovela2n,d \oeqooing is a true and correctcopy of the Power of Attorney executed by said Companies, which is still in ful! force effective as of
Signed and sealed in Lake Mary, Florida.
:?:%lttS,
X ' a"a'r,
..;,(, 611 Pg I!01,;
l*ffi7 i
','JAmRiC%]"
4,,,:,,,k,,;
1117
Keith D. Dozois, Assistant Vice President
Executed in four (/I) ('ni ii Irilol: *il L Bond No. 57BCS114619
Premium: Included in Performance Bond
Payment Bond
The City of Cupertino ("City") and Rodan Builders, Inc. ("DBE") have entered into a design-build
contract, dated August 18 , 20 20 ("Contract") for design-build delivery of the
Cupertino Libraiy Expansion Project ("Project"). The Contract is incorporated by reference into
this Payment Bond ("Bond").
1, General. Under this Bond, DBE as principal and Hartford Fire Insurance Company its
surety ("Surety"), are bound to City as obligee in an amount not less than $5,831,168,
based on 'l 00% of the Construction Services price as specified in Section 3 of the Contract
(and as defined in Article 1 of the Contract General Conditions), under California Civil Code
§ 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the
respective successors, assigns, owners, heirs, or executors of Surety and DBE.
2. Surety's Obligation. If DBE or any of its contractors or subcontractors fails to pay any
person authorized in California Civil Code § 9100 to assert a claim against a payment
bond, any amounts due under the Unemployment Insurance Code with respect to work or
labor peformed under the Contract, or any amounts required to be deducted, withheld, and
paid over to the Employment Development Department from the wages of employees of
DBE and its contractors or subcontractors, under California Unemployment Insurance Code
§ 13020, with respect to the work and labor, then Surety will pay the obligation.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California
Civif Code § 9100, so as to give a right of action to those persons or their assigns in any
suit brought upon this Bond. DBE must promptly provide a copy of this Bond upon request
by any person with (egal rights under this Bond
4. Duration. If DBE 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 Contract and as required by
California law, Surety's obligations under this Bond will be null and void. Otherwise,
Surety's obligations will remain in ful) force and effect.
5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or
extensions of time for performance of the Work under the Contract. Surety waives the
provisions of Civi) Code §§ 2819 and 2845. City waives the requirement of a new bond for
any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in
the manner specified in the Contract and delivered or transmitted to Surety as follows:
Attn: Andrew Holloway
AddreSS: 101 Montgomery st., Suite 2700
City/State/Zip: SanFrancisco.CA94104
p§0Q8: (415) 836-4837
Fax: (866)780-9956
Email:andrevv.liulluvvayQkl!bhalffOl'€l f'0111
6, Law and Venue. This Bond will be governed by California law, and venue for any dispute
pursuant to this Bond wilf be in the Santa Clara County Superior Court, and no other place.
Surety will be responsible for City's attorneys' fees and costs in any action to enforce the
provisions of this Bond.
Cupertino Library Expansion Project
Project 2020-03
PAYMENT BOND
Page 6
Bond No. 57BCS1146'l9
7. Effective Date; Execution. This Bond is entered into and is effective on Au ust 12 ,
2020.
SURETY: HartfordFirelnsuranceCompany
Business Name
s/
Valerie Garcia, Attorney-in-Fact
Name/Title
Date: August 12, 2020
(Attach Acknowledgment with Surety's Notary Seal and Power of Attorney.)
DBE: Rodan Buiiders, Inc.
usiness Name
Dan Oliver, Secretary C.F.O.
Name/Title
Date:
s/
Name/Title
END OF PAYMENT BOND
Cupertino Library Expansion Project
Project 2020-03
PAYMENT BOND
Page 7
CALlrORNfflA 6 € 1. r'unP@9 € A €:KNOWLIOaaffltNT CML CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and notthe truthfulness, accuracy, or validity ofthat document.
before me. Alicia Dass, Notary Public
Here Insert Name and Title of the Officer
State of California
0(H34§ @j San FranC!sco
On 8/it /zozo
Date
personally appeared Valerie Garcia
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)- whose name(s) is/ax
subscribed to the within instrument and acknowledged to me that -m/she/-ky executed the same in
-tmherAtmr-authorized capacity, and that by m/her/tm*signature(4on the instrumentthe persor@,
or the entity upon behaff of which the person(s}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 7al.
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: - Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Valerie Garcia
€ Corporate Officer - Title(s):
€ Partner - € Limited € General
€ Individual [x Attorney in Fact
€ Trustee € Guardian or Conservator
€ Other:
Signer Is Representing:
€ Partner - i i II]
€ Individual € in Fact
€ Trustee Conservator
€ Other:
S resenting:
WO14NationalNotaryAssociationawww.NationalNotary.orgal-800-USNOTARY(1-800-876-6827) ltem#5907
POWER OF ATTORNEY
Direct InquirieslClaims to:
THE HARTFORD
BOND, T-11
One HartFord Plea
Hartford, Connecticut 06166
Bond.Cl*im*?thehartford.com
call: 8#-266-3488 orfax: 860-757-6836
KNOW ALL PER80N8 BY THE8E PRE8ENT8 THAT:Agency Nante:
Agency Code:
WOODRUFF SAWYER & COMPANY
57-554795
JHartfomFirelnsumnceCompany,acorporationdulyorganizedunderthelawsoftheStateofConnecticut
JHartfordCasualtylnsuranceCompany,acorporationdulyorganizedunderthelawsoftheStateofhidimia
[Hartfom Accident and Indemnity Company, a corporation duly organizedunder the laws of the State of Connecticut
gHartfordUnderwriterslnsuranceCompany,aoorporationdulyorganizedunderthelawsoftheStateofConnecticut
gTmnCityFirelnsuranceCompany,acorporationdulyorganizedunderthelawsoftheStateofIndiana
gHartfordlnsuranceCompanyoflllinois,acorporationdulyorganizedunderthelawsoftheStateofIllinois
gHartfom Insurance Company of the Mi dwest, a corporation duly organized under the laws ofthe State of Indiana
gHartfomlnsuranceCompanyoftheSoutheaat,acorporationdulyorganizedunderthelawsoftheStateofFlorida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, mnstitute and appoint,
uptotheamountof Unlimited :
Nerissa S. Bartolome, Christina Burton, Alicia Dass, Joan DeLuca, Roger C.
Dickinson, Patrick R Diebel, Valerie Garcia, Kelly Holtemann, Thomas E. Hughes,
Stanley D. I.ioar, Mark M. Munekawa, Sara Ridge, Yvonne Roncagliolo, Charles R.
Shoemaker of BAN FRANCISCO, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by 7, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power ofAttorney.
@'
!Jffl7
lla7
'%Jdk
Shelby Wiggins, Assistant Secretary
STATE OF ptogioh ]
COUNTY OF SENIINOLE
Joelle L. LaPierre, Assistant Vice President
On this 13th day of February, 2020, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say:
that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which
executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals;
that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by !ike authority.
*T,":>Fj'ds MyCommission#FFO29702
Exnires June 20. 202]
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY th\uthgeuasbtovela2n,d f2oi,e9oing is a true and correctcopy of the Power of Attorney executed by said Companies, which is still in fuli force effective as of
Signed and sealed in Lake Mary, Florida.
:?E tfil?
#'nl)gij'
,2;==;'4
Keith D. Dozois, Assistant Vice President
Executed in four (4) Counterparts
Bond No. 57BCSll4619
Premium: $53,108.00
Performance Bond
The City of Cupertino ("City") and Rodan Builders, Inc. ("DBE") have entered into a design-build
contract, dated August 18, 2020 ("Contract") for design-build delivery of the Cupertino Library
Expansion Project ("Project"). The Contract is incorporated by reference into this Performance
Bond ("Bond").
1. General Underthis Bond, DBE as Principal and Hartford Fire Insurance Company,its
surety ("Surety"), are bound to City as obligee for an amount not less than $5,83'l;168,
based on 100% the Construction Services price as specified in Section 3 of the Contract
(and as defined in Articfe I of the Contract General Conditions), to ensure DBE's faithful
performance of its obJigations under the Contract. By executing this Bond, DBE and Surety
bind themselves and their respective heirs, executors, administrators, successors, and
assigns, jointiy and severally, to the provisions of this Bond.
2. Surety's Obligations. Surety's obligations are co-extensive with DBE's obligations under
the Contract. If DBE 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. Otherwise Surety's obligation will remain in full force and effect.
3. Waiver. 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
Documents, including changes to the scope of the Construction Services or extensions of
time for performance of the Construction Services under the Contract. Surety waives the
provisions of Civil Code §§ 2819 and 2845.
4, Apptication of Contract Baiance. Upon making a demand on this Bond, City will make
the Contract Balance available to Surety for completion of the Construction Services under
the Contract. For purposes of this provision, the Contract Baance is defined as the total
amount payable by City to DBE as the Construction Services price minus amounts already
paid to DBE for the Construction Services, and minus any liquidated damages, credits, or
back charges to which City is entitled under the terms of the Contract.
5. DBE Default. Upon written notification from City of DBE's termination for default under
Article "13 of the Contract General Conditions, time being of the essence, Surety must act
within the time specified in Article 13 to remedy the default through one of the following
courses of action:
5,1 Arrange for completion of the Construction Services under the Contract by DBE,
with City's consent, but only if DBE is in default solefy due to its financial inabiiity to
complete the Construction Services;
5.2 Arrange for completion of the Construction Services under the Contract by a
qualified contractor acceptable to City, and secured by performance and payment bonds
issued by an admitted surety as required by the Contract Documents, at Surety's expense;
or
5.3 Waive its right to complete the Construction Services under the Contract and
reimburse City the amount of City's costs to have the remaining Construction Services
completed.
6, 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.
Cupertino Libraiy Expansion Project
Project 2020-03
PERFORMANCE BOND
Page 8
Bond No. 57BCS114619
7. Notice. Any notice to Surety may be given in the manner specified in the Contract and
sent to Surety as follows:
Attn: Andrew Holloway
Address: IO'l Montgomery st., Suite 2700
(,jiy/8iBiB/zjp; San Francisco, CA 94104
p§0Q0: (41 5) 836-4837
Fax: (see) 780-9956
5BBjl; andrew.holloway@thehartford.com
8. Law and Venue. This Bond wilI be governed by California law, and venue for any dispute
pursuant to this Bond will be in the Santa Cfara County Superior Court, and no other place.
Surety will be responsible for City's attorneys' fees and costs in any action to enforce the
provisions of this Bond-
9. Effective Date; Execution. This Bond is entered into and effective on
August 'l 2 , 20 20
SURETY: Hartford Fire Insurance Company
Business Name
Valerie Garcia, Attorney-in-Fact
Name/Title
(Acknowledgment with Notary Seal for Surety and Surety's Power of Attorney must be attached.)
DBE: Rodan Builders, Inc.
Business Name
Dan Oliver, Secretary C.F.O.
Name/TitIe
s/
Name/Titie
Date:
END OF PERFORMANCE BOND
Cupertino Library Expansion Project
Project 2020-03
PERFORMANCE BOND
Page 9
CAIIPORNIA ALL runf'f"W ,!!keKMOWl PQeMIPNT CML €:ODE§11W
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 ofthat document.
State of California
County of San FranctscO
On G/qz[zozo
Date
before me. Altcia Dash, NuLai y r' ubfiC
Here Insert Name and Title of the Officer
personally appeared Valer!e Garcia
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person@ whose nam$) is/ax
subscribed to the within instrument and acknowledged to me that -m/she/t- executed the same in
-me/herauthorized capacity(, and that by m!her/#mcsignature(4on the instrument the persor@,
or the entity upon behalf of which the persor@acted, executed the instrument.
ALtCIA DASS
Notary Public - California
San Francisco County
Ccimmissiori # 2i75629
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 of Notary Public
Place Notary Seat Above
Uj"IR)NAi
Though this section is optional, completing this information can deter alteration of the document or
fmudulent reattachment of this fom to an unintended document.
Description of Attached Document
Title or Type of Document: Document Datea.
Number of Pages: Signer(s) Other Than Named Above: ,,,,
Capacity(ies) Claimed by Signer(s)
Signer's Name: Valerie Garcia
€ Corporate Officer - Title(s):
€ Partner - € Limited € General
€ Individual [x Attorney in Fact
€ Trustee € Guardian or Conservator
[1] Other:
Signer Is Representing:
€ pfficer - Title(s)
€ Partner - i €
II] Individual € in Fact
[I]Trustee Conservator
€ Other:
@2014NatinalNotaryAssociationawww.NationalNotary.orgal-800-USNOTARY(1-800-876-6827) ltem#5907
POWER OF AT'i'ORNEY
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-11
One Hartfom Plaza
Hartford, Connecticut 06156
Bond.qlaimshehartford.com
call: 888-286-3488 orfax: 860-767-6836
KNOW ALL PER80NS BY THESE PRE8ENT8 THAT:Agency Name:
Agency Code:
WOODRUFF SAWYER & COMPANY
57-554795
OxHartfom Fire Insurance Company, a oorporation duly organized under the laws of the State of Connecticut
JHartfomCasualtylnsuranceCompany,acorporationdulyorganizedunderthelawsoftheStateofhidiana
JHartfomAccidentandlndemnityCompany,aco@orationdulyorganizedunderthelawsoftheStateofConnecticut
gHartfordUnderwriteralnsuranceCompany,acorporationdulyorganizedunderthelawsoftheStateofConnecticut
gTmn City Fire Insurance Company, a corporation duly organized underthe laws of the State of Indiana
gHartfomlnsuranceCompanyoflllinois,acorporationdulyorganizedunderdielawsoftheStateoflllinois
gHarffordlnsuranceCompanyoftheMidwest,acoprationdulyorganizedunderthelawsoftheStateofIndimia
gHartfomlnsuranceCompanyoftheSoutheast,acorporationdulyorganizedunderthelawsoftheStateofFlorida
having their home office in Hartford, Connecticut, (hereinafter collectively referned to as the "Companies") do hereby make, mnstitute and appoint,
uphheamountof Unlimited :
Nerissa S. Bartolome, Christina Burton, Alicia Dass, Joan DeLuca, Roger C.
Dickinson, Patrick R Diebel, Valerie Garcia, Kelly Holtemarm, Thomas E. Hughes,
Stanley D. Loar, Mark M. Munekawa, Sara Ridge, Yvonne Roncagliolo, Charles R.
Shoemaker of SAN FRANCISCO, California
their true and lawful Attomey(s)-in-Fad, each in their separate capacity ff more than one is named abow, to sign its name as surety(ies) only as
delineated above by §, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the peformance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies
have caused these presents to be signed by its As8istant Vice President and its corporate seals to be hereto affixed, duly attested by its ASsistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power ofAttomey.
i 1 * ffl '7
Shelby Wiggins, Assistant Secretary
SS. Lake Mary
courysvovseutmotc J
lii'sas' O
n-,X
Joelle L. LaPierre, Assistant Vice President
On this 13th day of February, 2020, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say:
that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which
executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals;
that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority.
a,,,yz,,..%%, V JessicaNoelleCiccone=,..5pyc,., MyCommissson#FFO29702
Expires .hme 20, 2021
1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY thXuthgeuas\ivela2nld f2oroe!o0ing is a true and correctcopy of the Power of Attorney executed by said Companies, which is sti(l in futl force effective as of
Signed and sealed in Lake Mary, Florida.
illl!!i
4907
'*kBda
Keith D. Dozois, Assistant Vice President
Executed in four (4) Counterparts Bond No. 57BCS1146'l9
Premium: Included in Performance Bond
Payment Bond
The City of Cupertino ("City") and Rodan Buiders, Inc. ("DBE") have entered into a design-build
contract, dated Auqust 18 , 20 20 ("Contract") for design-build delivery of the
Cupertino Libraiy Expansion Project ("Project"). The Contract is incorporated by reference into
this Payment Bond ("Bond").
4. General. Under this Bond, DBE as principal and Hartford Fire Insurance Company its
surety ("Surety"), are bound to City as obligee in an amount not fess than $5,831,168,
based on 1 00% of the Construction Services price as specified in Section 3 of the Contract
(and as defined in Article 1 of the Contract General Conditions), under California Civil Code
§ 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the
respective successors, assigns, owners, heirs, or executors of Surety and DBE.
2. Surety's Obligation. If DBE or any of its contractors or subcontractors fails to pay any
person authorized in Califomia Civil Code § 9't00 to assert a claim against a payment
bond, any amounts due under the lJnemployment Insurance Code with respect to work or
labor performed under the Contract, or any amounts required to be deducted, withheld, and
paid over to the Empfoyment Development Department from the wages of employees of
DBE and its contractors or subcontractors, under Cafifornia Unemployment Insurance Code
§ 13020, with respect to the work and labor, then Surety will pay the obligation.
3, Beneficiaries. This Bond inures to the benefit of any of the persons named in California
Civil Code § 9100, so as to give a right of action to those persons or their assigns in any
suit brought upon this Bond. DBE must promptly provide a copy of this Bond upon request
by any person with legal rights under this Bond.
4. Duration. If DBE promptly makes payment of al) sums for all labor, materiais, 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 Contract and as required by
California Jaw, Surety's obligations under this Bond will be null and void. Otherwise,
Surety's obligations will remain in fuli force and effect.
5, Waivers. Surety waives any requirement to be notified of alterations to the Contract or
extensions of time for performance of the Work under the Contract. Surety waives the
provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for
any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in
the manner specified in the Contract and delivered or transmitted to Surety as Follows:
Attn: Andrew Holloway
AddreSS: 10'l Montgomery st., Suite 2700
City/State/Zip: SanFrancisco,CA94104
Phone: (415) 836-4837
Fax: (866)780-9956
Email:andrew.liulluwciy(u,Llivliai lrui J.bom
6. Law and Venue. This Bond will be governed by Caiifornia law, and venue for any dispute
pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place.
Surety will be responsible for City's attorneys' fees and costs in any action to enforce the
provisions of this Bond.
Cupertino Library Expansion Project
Project 2020-03
PAYMENT BOND
Page 6
Bond No. 57BCS114619
7. Effective Date; Execution. Thip Bond is entered into and is effective on August 12
2020.
SURETY: HartfordFirelnsuranceCompany
Business Name
s/
Valerie Garcia, Attorney-in-Fact
Name/Title
Date: August * 2, 2020
(Attach Acknowledgment with Surety's Notary Seal and Power of Attorney.)
DBE: Rodat'yBuilders, )nc.
s
Dan Oliver, Secretary C.F.O.
Name/Title
s/
Name/Title
END OF PAYMENT BOND
Cupertino Library Expansion Project
Project 2020-03
PAYMENT BOND
Page 7
OALIPORNIA ALL runpr>w At'araiQWI PnaaapNT (!VllOODE§11W
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
documentto which this certificate is attached, and notthe truthfulness, accuracy, or validity ofthat document.
State of California
County of San Francisco
Date
befor
pBB@4Blly appeared Valer!e Garcia
before me, /(licia D3!'9, klotqry Public
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)- whose name(s) is/ax
subscribed to the within instrument and acknowledged to me that -m/she/t- executed the same in
-me/herAmpauthorized capacit4es), and that by her/signature@on the instrumentthe persor@,
or the entity upon behalf of which the person(e}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
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Datea.
Number of Pages: . Signer(s) Other Than Named Above:
Capacity(ies} Claimed by Signer(s)
Signer's Name: Valerie Garcia
€ Corporate Officer - Title(s):
€ Partner - € Limited € General
[1] Individual [x Attorney in Fact
€ Trustee € Guardian or Conservator
[1] Other:
Signer Is Representing:
r] pfficer - Title(s)
[1] Partner - i €
€ Individual € in Fact
[I]Trustee Conservator
€ Other:
S resenting:
@014NationalNotaryAssociatkxiawww.NationalNotary.orgal-800-USNOTARY(1-800-876-6827) ltern#5907
POWER OF ATTORNEY
DirectlnquirieslClaims to;
THE HARTFORD
BOND, T-11
One Hartford Plaza
HartFord, Connecticut 06166
Bond.Claim@@theh@rtjord.com
cafl: 888-268-3488 orfax: 860-757-6836
KNOW ALL PERSON8 BY 'n4E8E PRE8ENT8 THAT:AgencyName: WOODRUFF SAWYER & COMPANY
AgencyCode: 57-554795
[HartfomFirelnsuranceCompany,acorporationdulyorganizedunderthelawsoftheStateofConnecticut
JHarffordCasualtylnsuranceCompany,acorporationdulyorganizedunderthelawsoftheStateofhidimia
JHartford Accident and Indemnity Company, a oorporation duly orgmiizedunder the laws of the State of Connecticut
[22]HartfomUndenmiterslnsuranceCompany,acorporationdulyorganizedunderthelawsoftheStateofConnecticut
[2JTwinCityFirelnsuranceCompany,acorpmationdulyorgmiizedunderthelawsoftheStateofIndiana
OHartfomlnsuranceCompanyoflllinom,acorporationdulyorgmiizedunderthelawsoftheStateofIllinois
OHartfordlnsuranceCompanyoftheMidwest,acorporationdulyorganizedunderthelawsoftheStateofIndiana
OHartfordlnsuranceCompanyofthe8outheast,acorporationdulyorganizedunderthelawsoftheStaieofFlorida
having their home office in Hartford, Connecticut, (hereinafter collectively referned to as the "Companies") do hereby make, constitute and appoint,
uphtheamountof Unlimited :
Nerissa S. Bartolome, Christina Burton, Alicia Dass, Joan DeLuca, Roger C.
Dickinson, Patrick R Diebel, Valerie Garcia, Kelly Holtemann, Thotnas E. Hughes,
Stanley D, Loar, Mark M. Munekawa, Sara Ridge, Yvonne Roncagliolo, Charles R.
Shoemaker of SAN FRANCISCO, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by 7, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Wttness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary, Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attomey.
61ttSr.
i I * a '7 i
I*aldik
1=)-,=5;==-
Shelby Wiggins, Assistant Secretary
STATE OF FLORIDA
COUN'TY OF SEMINOLE
X9"l*
n,
gdli-
Joelle L. LaPierre. Assistant Vice President
On this 13th day of February, 2020, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say:
that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which
executed the above instrument; that (s)he knows the seals of the said corporations; that the sea!s affixed to the said instrument are such corporate seals;
that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority.
'J Jessica Noelle Ciccone
Expires Jt'ine 20, 2021
1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERT!FY thaAtuthgeuasbtovela2n,d f2oro!Sing is a true and correctcopy of the Power of Attorney executed by said Companies, which is still in full force effective as of
Signed and sealed in Lake Mary, Florida.
i )Jffl7 i
%";'9
Keith D. Dozois, Assistant Vice President
DATE (MM/00/YYYY)
8/1 2/2020
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
REPRESENT ATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: It 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 rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Arthur J. Gallagher & Co.
Insurance Brokers of CA, Inc. LIC #0726293
160 West Santa Clara Street, Suite 300
San Jose CA 95113
CONT ACT
NAME, Samantha Stollman
;8.NSo. Extl: 408-878-3822 i 76q, No): 408-257-2985
E-MAIL- =
ADDRESS: samantha stollman@iajg.com
INSURER(Sl AFFOFIDING COVERAGE NAIC #
INSURER A : Hartford Fire Insurance Company 19682
INSUFIED RODABUI-01
Rodan Builders, Inc.
3486 Investment Blvd. Suite B
Hayward CA 94545
INSURER B : Trumbull Insurance Company 27120
INSURER C : Pacific Insurance Company, Limited 10046
INSURER o : Hamord Insurance Company of MidWest 37478
ihsunes E : Harlford Casualty Insurance Company 29424
insuaen r- : American Fire and Casualty Company 24066
COVERAGES CERTIFICATE NUMBER: 1999175106 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 CONTRA(,T 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 FIEDUC,ED BY PAID CLAIMS.
INSFI
LTR TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD POLICY NUMBER
POLICY EFF
(MM/00/YYYY)
POLICY EXP
(MM/00/YYYY)LIMITS
A x COMMERC}AL GENERAL LIABILITY
ICLAIMS-MADE [" OCCUR
Y Y 57UEAZM8825 9/30/2019 9/30/2020 EACH OCCURRENCE $ i ,000,000
DAMAGE TO RENTED
PREMISES (Ea occurrence}$ 300,000
MED EXP (Any one person)$ '10,000
PERSONAL & A[)V INJURY $1 ,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
7opoTHciEc;:[E],y=€ ioc
GENERAL AGGREGATE $ 2,000,000
PRODuCTS-COMP/OP AGG $ 2,000,000
$
B
I
AUTOMOBILE LIABILITY
% ANY AUTO
SCHEDULED_ AUTOS ONLY LJ AUTOS
X HIRED NON-OWNED_ AUTOS ONLY 1 AUTOS ONLY
l OWNED
Y Y 57UEAQ10439 9/30/2019 9/30/2020 COMBINED SINGLE LIMIT
(Ea accident)$1 ,000,000
BODILY INJURY (Per person)$
BODILY INJLIRY (Per accident)$
PROPERTY DAM AGE
(Per accident)$
$
E
F
x UMBRELLA LIAB
EXCESS LIAB
x OCCUR
CLAIMS-MADE
57 RHA FP6259
ECA(20)60093623
9/30/2019
9/30/2019
9/30/2020
9/30/2020
EACH OCCURRENCE $ 25,000,000
AGGREGATE $ 25,000,000
DED X I RETENT.ON $ kill $
D WORKERSCOMPENSATION ""
AND EMPLOYERS' LIABILITY Y , N
85;:';%S;',".o,rA";:'cL'%'HU8EcUTlvE @
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
Y 57WEAQ10440 9/30/2019 9/30/2020 x PER
STATUTE I OTH-
, EFI
E.L. EACH ACCIDENT $1 ,000,000
, E.L. DISEASE - EA EMPLOYEE $ I ,000,000
1E.L. DISEASE - POLICY LIMIT $1 ,000,000
c Professional Liability
Pollution Liability
57CP1ZM7682 9/30/2019 9/30/2020 Per Occ/Aggregate
Per Occ/Aggregate
$4M/$4M
$5M/$5M
DESCRIPTION OF OPERATIONS / LOCATION53/VEHICl_ES (A.CORD 101, Additional Remarks Sctiedule, may bs attactied if mors space is requir-;d)
RE: Project 2020-03 l Cupertino Library Expansion Project, 10800 Torre Avenue, Cupertino, CA 95014.
Additional Insured(Where required by written contract per attached forms): The City of Cupertino, its City Council, officers, officials, employees, agents, servants
and volunteers.
CERTIFICATE HOLDER CANCELLATION
City of Cupertino
Attn: Director of Public Works
10300 Torre Avenue
Cupertino CA 95014
I
SHOULD ANY OF THE ABOVE DESCFIIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PFIOVISIONS.
AUTHORIZED REPRESENT ATIVE
A,=!,= g.;e7
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (201 6/03)The ACORD name and logo are registered marks of ACORD
A+, XV
A+, XV
NR
A+ , XV
A+, XV
A, XV
Ill CI I I I OIJ II IS u I Ou. I ltJLICI I I IJ LI I lu Of.), II I t+.
Policy Number: 57UEAZM8825
Effective Date: 09/30/2019
The insurance afforded herein for any
subsidiary not named in this Coverage Part
as a named insured does not apply to injury
or damage with respect to which such insured
is also a named insured under another policy
or would be a named insured under such
policy but for its termination or the exhaustion
of its limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or limited
liability company, and over which you maintain
financial interest of more than 50% oT the voting
stock, will qualify as a Named Insured if there is
no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded only
until the 180th day after you acquire or form
the organization or the end of the policy
period, whichever is earlier;
b. Coverage A does not apply to "bodily injury"
or "property damage" that occurred berore
you acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
4. Nonowned Watercraft
With respect to watercraft you do not own that is
less than 51 feet long and is not being used to
carry persons for a charge, any person is an
insured while operating such watercraft with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the watercraft, and
only if no other insurance or any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by you
or the employer of any person who is an
insured under this provision.
5. Additional Insureds When Required By
Written Contrad, Written Agreement Or
Pertnit
The following person(s) or organization(s) are an
additional insured when you have agreed, in a
written contract, written agreement or because oT
a permit issued by a state or political subdivision,
that such person or organization be added as an
additional insured on your policy, provided the
injury or damage occurs subsequent to the
execution of the contract or agreement.
A person or organization is an additional insured
under this provision only for that period oT time
required by the contract or agreement.
However, no such person or organization is an
insured under this provision if such person or
organization is included as an insured by an
endorsement issued by us and made a part of
this Coverage Part.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded the vendor is
subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodi(y injury" or "property damage" for
which the vendor is obligated to pay
damages by reason of the assumption
of liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the vendor
would have in the absence of the
contract or agreement;
(b)Any express warranty unauthorized by
70LI;
(c) Any physical or chemical change in the
product made intentionally by the
vendor;
(d)Repackaging, except when unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under instructions
from the manufacturer, and then
repackaged in the original container;
(e) Any failure to make such inspections,
adjustments, tests or servicing as the
vendor has agreed to make or normally
undertakes to make in the usual
course of business, in connection with
the distribution or sale of the products;
(f) Demonstration, installation, servicing
or repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
(g) Products which, after distribution or
sale by you, have been labeled or
relabeled or used as a container, part
or ingredient of any other thing or
substance by or for the vendor; or
Page 12 of 21 HG DO 01 0916
ryamea insures: hoaan tjLlllClerSi InC.
Policy Number: 57UEAZM8825
Effective Date: 09/30/2019
(h)"Bodily injury" or "property damage"
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i)The exceptions contained in Sub-
paragraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products.
(2) This insurance does not apply to any
insured person or organization, from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or containing
such products.
b. Lessors Of Equipment
(1) Any person(s) or organization(s) from
whom you lease equipment; but only with
respect to their liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in
part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
(2) With respect to the insurance afforded to
these additional insureds this insurance
does not apply to any "occurrence" which
takes place affer the equipment lease
expires.
c. Lessors Of Land Or Premises
Any person or organization from whom you
lease land or premises, but only with respect
to liability arising out of the ownership,
maintenance or use of that part of the land or
premises leased to you.
With respect to the insurance afforded these
additional insureds the following additional
exclusions apply:
This insurance does not apply to:
1. Any "occurrence" which takes place after
you cease to lease that land; or
2. Structural alterations, new construction or
demolition operations performed by or on
behalf of such person or organization.
d. Architects, Engineers Or Surveyors
Any architect, engineer, or surveyor, but only
with respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in part,
by your acts or omissions or the acts or
omissions of those acting on your behalf:
(1) In connection with your premises; or
(2) In the performance of your ongoing
operations performed by you or on your
behalr.
With respect to the insurance afforded these
additional insureds, the following additional
exclusion applies:
This insurance does not apply to "bodily
injury", "property damage" or "personal and
advertising injury" arising out of the rendering
of or the failure to render any professional
services by or for you, 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; or
2. Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage", or the offense which caused the
"personal and advertising injury", involved the
rendering of or the failure to render any
professional services by or for you.
e. Permits Issued By State Or Political
Subdivisions
Any state or political subdivision, but only with
respect to operations performed by you or on
your behalf for which the state or political
subdivision has issued a permit.
With respect to the insurance afforded these
additional insureds, this insurance does not
apply to:
(1) "Bodily injury", "property damage" or
"personal and advertising injury" arising
out of operations performed for the state
or municipality; or
(2) "Bodily injury" or "property damage"
included within the "products-completed
operations hazard".
f. Any Other Party
Any other person or organization who is not
an additional insured under Paragraphs a.
through e. above, but only with respect to
liability for "bodily injury", "property damage"
or "personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions or those acting on your
behalf:
(1) In the performance of your ongoing
operations;
HG 00 01 0916 Page '13 of 21
Policy Number: 57UEAZM8825
Effective Date: 09/30/2019
(2) In connection with your premises owned
by or rented to you; or
(3) In connection with "your work" and
included within the "products-completed
operations hazard", but only if
(a)The written contract or agreement
requires you to provide such coverage
to such additional insured; and
(b) This Coverage Part provides coverage
for "bodily injury" or "property damage"
included within the "products-
completed operations hazard".
However:
(1) The insurance afforded to such additional
insured only applies to the extent
permitted by law; and
(2) If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide ror such
additional insured.
With respect to the insurance afforded to
these additional insureds, this insurance does
not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury" arising out of
the rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
("l) The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage", or the offense which caused the
"personal and advertising injury", involved the
rendering oT or the failure to render any
proressional services by or For you.
The limits of insurance that apply to additional
insureds is described in Section Ill - Limits Of
Insurance.
How this insurance applies when other insurance
is available to the additional insured is described
in the Other Insurance Condition in Section IV
Commercial General Liability Conditions.
No person or organization is an insured with respect
to the conduct of any current or past partnership,
joint venture or limited liability company that is not
shown as a Named Insured in the Declarations.
SECTION Iff - LIMITS OF if\JSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Decfarations and the ru(es betow fix the most we
will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. General Aggregate Limit
The General Aggregate Limit is the most we will
pay for the sum of:
a. Medica( expenses under Coverage C;
b. Damages under Coverage A, except
damages because of "bodily injury" or
"property damage" included in the 'lproducts-
completed operations hazard"; and
c. Damages under Coverage B.
3. Products-Completed Operations Aggregate
Limit
The Products-Completed Operations Aggregate
Limit is the most we will pay under Coverage A
for damages because of "bodily injury" and
"property damage" included in the "products-
completed operations hazard".
4. Personal And Advertising Injury Limit
Subject to 2. above, the Personal and
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages
because of all "personal and advertising injury"
sustained by any one person or organization.
5. Each Occurrence Limit
Subject to 2. or 3. above, whichever applies, the
Each Occurrence Limit is the most we will pay for
the sum or:
a. Damages under Coverage A; and
h. Medical expenses under Coverage C
because of all "bodily injury" and "property
damage" arising out of any one "occurrence".
6. Damage To Premises Rented To You Limit
Siibject to 5. above, the Damage To Premises
Rented To You Limit is the most we will pay
under Coverage A for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
Page '74 of 21 HG 00 0109 16
tyamea insurea: Koaan tjulK)erS, Inc.
Policy Number: 57UEAZM8825
Effective Date: 09/30/2019
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
7. Medical Expense Limit
Subject to 5. above, the Medical Expense Limit is
the most we will pay under Coverage C for all
medical expenses because of "bodily injury"
sustained by any one person.
8. How Limits Apply To Additional Insureds
If you have agreed in a written contract or written
agreement that another person or organization
be added as an additional insured on your policy,
the most we will pay on behalf of such additional
insured is the lesser or:
a. The limits of insurance specified in the written
contract or written agreement; or
b. The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to Limits of Insurance shown in the
Declarations and described in this Section.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months,
starting with the beginning of the policy period
shown in the Declarations, unless the policy period
is extended affer issuance for an additional period of
less than 12 months. In that case, the additional
period will be deemed part of the last preceding
period for purposes of determining the Limits of
nsurance.
SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to it
that we are notified as soon as practicable of
an "occurrence" or an offense which may
result in a claim. To the extent possible,
notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. Notice Of Claim
If a claim is made or "suit" is brought against
any insured, you or any additional insured
must:
(1) Immediately record the specifics or the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
You or any additional insured must see to it
that we receive written notice of the claim or
"suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) ASSiSt us, upon our request, in the
enforcement of any right against any person
or organization which may be liable to the
insured because of injury or damage to
which this insurance may also apply.
d. Obligations At The Insureds Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered by
other insurance available to an additional
insured, such additional insured must submit
such claim or "suit" to the other insurer for
defense and indemnity.
However, this provision does not apply to the
extent that you have agreed in a written
contract or written agreement that this
insurance is primary and non-contributory
with the additional insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to any
additional insured only when such
"occurrence", offense, claim or "suit" is known
to :
(1) You or any additional insured that is an
individ ual;
(2) Any partner, if you or the additional
insured is a partnership;
HG 00 01 0916 Page 15 of 21
Policy Number: 57UEAZM8825
Effective Date: 09/30/2019
(3) Any manager, if you or the additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or the additional insured is
a corporation;
(5) Any trustee, if you or the additional
insured is a trust; or
(6) Any elected or appointed official, if you or
the additional insured is a politicai
subdivision or public entity.
This duty applies separately to you and any
additional insured.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b, To sue us on this Coverage Part unless all of
its terms have been fully complied with,
A person or organization may sue us to recover
on an agreed settlement or on a final jiidgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.
4. Other Insurance
If other valid and collectible insurance is
available to the insured 'for a loss we cover under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below,
b. Excess Insurance
This insurance is excess over any of the other
insurance, whether primary, excess,
contingent or on any other basis:
(1) YourWork
That is Fire, Extended Coverage, Builder's
Risk, Installation Risk or similar coverage
for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you or
temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented to
you or temporarily occupied by you with
permission of the owner;
(4) Aircraft, Auto OrWatercraft
If the loss arises out or the maintenance or
use o( aircraft, "autos" or watercraft to the
extent not subject to Exclusion g. of
Section I - Coverage A - Bodily Injury And
Property Damage Liability;
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property damage"
to borrowed equipment or the use or
elevators to the extent not subject to
Exclusion j. of Section I - Coverage A -
Bodily Injury And Property Damage
Liability;
(6) When You Are Added As An Additional
Insured To Other Insurance
Any other insurance availabfe to you
covering liability for damages arising out
of the premises or operations, or products
and completed operations, for which yoii
have been added as an additional insured
by that insurance; or
(7) When You Add Others As An
Additional Insured To This Insurance
Any other insurance available to an
additional insured.
However, the following provisions apply to
other insurance available to any person or
organization who is an additional insured
underthis coverage part.
(a) Primary Insurance When Required
By Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that
other insurance by the method
described in c. below.
Contract
If you have agreed in a written
contract, written agreement, or permit
that this insurance is primary and non-
contributory with the additional
insured's own insurance, this insurance
is primary and we will not seek
contribution Trom that other insurance.
Page 16 of 21 HG 00 01 0916
INdlllt.u ill:)ultA). rttJudll Dullutjlb, IIIL.
Policy Number: 57UEAZM8825
Effective Date: @g /30 /201 g
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an additional
insured.
When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any "suit" if any other
insurer has a duty to defend the insured
against that "suit". If no other insurer defends,
we will undertake to do so, but we will be
entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if an , that exceeds the
sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence ofthis insurance; and
(2) The total of all deductible and selT-insured
amounts under all that other insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the Declarations
oT this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach each
insurer contributes equal amounts until it has
paid its applicable limit of insurance or none
of the loss remains, whichever comes first.
If any or the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
5. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.
At the close of each audit period we will
compute the earned premium for that period
and send notice to the first Named Insured.
The due date for audit and retrospective
premiums is the date shown as the due date
on the bill. If the sum of the advance and
audit premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named Insured.
c. The First Named Insured must keep records of
the information we need for premium
computation, and send us copies at such
times as we may request.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations are
accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose Hazards
If unintentionally you should bil to disclose all
hazards relating to the conduct of Bpur
business that exist at the inception date of
this Coverage Part, we shall not deny
coverage under this Coverage Part because
of such failure.
7. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned in
this Coverage Part to the first Named Insured,
this insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
claim is made or "suit" is brought.
$8. Transfer Of Rights Of Recovery AgainstOthers To Us
a. Transfer Of Rights Of Recovery
IF the insured has rights to recover all or part
of any payment, including Supplementary
Payments, we have made under this
Coverage Part, those rights are transferred to
us. The insured must do nothing after loss to
impair them. At our request, the insured will
bring "suit" or transfer those rights to us and
help us enforce them.
b. Waiver Of Rights Of Recovery (Waiver Of
Subrogation)
If the insured has waived any rights of
recovery against any person or organization
for all or part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, we also waive that
right, provided the insured waived their rights
of recovery against such person or
organization in a contract, agreement or
permit that was executed prior to the injury or
damage.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice or the
HG 00 01 0916 Page 17 of 21
Named Insured: Rodan Builders, Inc.
Policy Nuniber: 57UEAQ!0439
Effective Date:09/30/2019
COMMERCIAL AUTOMOBILE
HA99160312
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the foliowing:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other
provisions of the Coverage Form, the provisions of this endorsement apply.
t BROAD FORM INSURED
A. Substdiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.
Hovvever, the Named Insured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustion of its Limit of )nsurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a pamership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its
acquisition or formation by you,
unless you tiave given us notice of
the acquisition or formation.
Coverage does not apply to "bodily
injury" or "property damage" that results
frgm an "accident" that occurred before
you formed or acquired the organization.
B. Employees as lnsureds
Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
d. Any "employee" of yours while using a
wvered "auto" you dori't own, hire or
borrovt in your business or your
personal affairs.
C. Lessors as Insureds
Paragraph 4.1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add:
e. The lessor of a covereA "auto" while the
"auto" is )eased to you under a vvritten
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor and
(2) The "auto"is leased without a driver.
Such a leased "auto" will be considered a
D. Additaoraal Insured tf Required by Contrad
(1 ) Paragraph A.L - WHO IS AN INSURED
- of Section II - Liability Coverage is
amended to add:
f. When you have agreed, in a written
oontract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such person or
organization is an "insured", but only
to the extent such person or
organization is liable for "bodily
injury" or "property damage" caused
by the conduct of an "insured" under
paragraphs a. or b. of Who Is An
Insured with regard to the
ownership, maintenance or use of a
oovered "auto,"
Form HA 9916 0312
@201 1, The Hartford (Includes copyrighted material
oflSO Properties, Inc., with its permission.)Page 1 of 5
Policy Number: 571JEAQ10439
Effective Date:09/30/2019
The insurance afforded to any sucn E,
additional insured applies only if the
'bodily injury" or "prope% damage
occurs:
(1 ) During the policy period, and
(2) Subsequent to the execution of such
written contract, and
(3) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
ff you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the writien contract or written
agreement; or
(b) The Limits of Insurance shown in
the Declarations.
Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3) Additiona) Insureds Other Insurance
If we cover a claim or "suit" urider this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.
However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non-
oontributory with the additional insured's
own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
tf you have agreed in a written contract
or written agreement that another
person or organization be added as an
additiona) insured on your policy, the
additional insured shall be required to
oomply with the provisions in LOSS
CONDITIONS 2. - DUTIES IN THE
EVENT OF ACCIDENT, CLAIM , SUIT
OR LOSS - OF SECTION IV -
BUSINESS AUTO CONDITIONS, in the
same manner as the Named insured.
Primary and Non-Contributory if
Required by Contract
Only with respect to insurance provided to
an additional insured in 1.D. - Additional
msured If Required by Coritract, the
following provisions apply:
(3) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that other
insurance by the method described in
Other Insurance 5.d.
(4) Primary And Non-Contributory To Other
Insurance VVhen Required By Contract
If you t'iave agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek contribution from that other
insurance.
Paragraphs (3) and (4) do not apply to other
insurance to which the additional insured
has been added as an additional insured.
When this insurance is excess, we will have no
duty to defend the insured against any "suit" if
any other insurer has a duty to defend the
insured against that "suif'. If no other insurer
defends, we will undertake to do so, but vve wili
be entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of:
(1) The total amount that all such other
insurance would pay for the loss iri the
absence of this insurance; and
(2) The total of a!1 deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss, if any, by the
method described in Other Insurance 5.d.
2. AUTOS RENTED BY EMPLOYEES
Ariy "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire.
The OTHER INSURANCE Condition is amended
by adding the following:
Form HA 9916 0312
@201 1, The Hartford (Includes copyrighted material
oflSO Prooerties. Inc.. with its oermission.'i Paoe 2 of 5
Policy Number: 57UEAQ10439
Effective Date09/30/2019
ff an "employee's" personal insurance also 5.
applies on an excess basis to a covered "auto"
hired or rented by your "employee" on your
behalf and at your direction, this insurance wil!
be primary to the "employee's" personal
insurance.
3. AMENDED FElLOVV EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in-force covering all of your
"employees".
Coverage is excess over any other collectible
insurance.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE
tf hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
"auto" you own, then the Physica! Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the followang limit.
Ttqe most we will pay fr:>r 'loss" to any hired
"auto" is:
(1) $100,000:
(2) The actual cash value of the damaged or
stolen property at the time of the "ioss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that
ooverage. No deductible applies to '!oss" caused
by fire or lightning. Hired Auto Physical Damage
ooverage is excess over ariy other collectible
insurance. Subject to the above )imit, deductible
and excess provisions, we wil! provide coverage
equal to the broadest coverage applicable to any
wvered "auto" you own.
We will also coyer loss of use of the hired "auto"
if it results from an "accident': you are legally
liable and the lessor incurs an actual financial
toss, subject to a maximum of $IOOO per
"accident".
This extension of coverage does not app!y to
any "auto" you hire or borrow from any of your
'femployees': partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.
PHYSICAL DAMAGE - ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a. of SECTION Ill - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.
6. LOAN/LEASE GAP COVERAGE
Under SECTION Ill - PH\SICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
oovered "auto", vie will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of !he loan/lease.
"Outstanding balance" means the amount you
owe on the !oan/!ease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; secur-ity deposits not
returried by the lessor; costs for extended
warranties, credit life Insurance, health, accident
or disability irisurance purchased with the loan or
lease; and carry-over balances from previous
loans or leases.
7. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of
SECTION Ill - PHYSICAL DAMAGE
COVERAGE, the following is added:
The exclusiori relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
8, ELECTRONIC EQUIPMENT BROADENED
COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION Ill - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c, and 4.d. do not apply to
equipment designed to be operated solely
by use of the power from the "auto's"
e!ectrica) system tt"iat, at the time of '!oss",
IS:
(1 ) Permanently installed in or upon
the covered "auto";
(2) Removable from a housing unit
which is permanently instal!ed in
or upon the covered "auto";
(3) An integral part of the same unit
housing any electronic
equipment described in
F%ragraphs (1 )and (2) above; or
Form HA 9916 0312
@201 1, The Hartford (Includes copyrighted material
oflSO Properties, Inc., with its permission.)Page 3 of 5
Policy Number: 57UEAQ10439
Effective Date: 0 9 / 3 0 / 2 019
(4) Necessary for the normai
operation of the covered "auto" or
the monitoring of the covered
"auto's" operating system.
b.Section Ill - Version CA 00 01 03 10 of the
Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C.2 and Version CA 00 01 '10 04 of
the Business Auto Coverage Form, Physica!
Damage Coverage, Limit of Insurance,
Paragraph C are each amended to add the
following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that reproduces, receives or transmits
audio, visual or data signals which, at the
time of "loss", is:
(l)Permanently installed in or upon
the covered "auto" in a housing,
opening or other )ocation that is not
normally used by the "auto"
manufacturer for the installation of
such equipment;
(2) Removable from a permanently
installed housing unit as described
in Paragraph 2.a. above or is an
integral part of that equipment; or
(3) An integra) part of such equipment.
c. For each covered "auto", should loss be limited
to electronic equipment only, our obligation to
pay for, repair, return or replace damaged or
stolen electronic equipment will be reduced by
the applicable deductible shown in the
Declarations, or $250, whichever deductible is
less.
9. EXTRA EXPENSE
COVERAGE
BROADENED
tender Paragraph A. - COVERAGE - of SECTION
Ill - PHYSICAL DAMAGE COVERAGE, v,re will
pay for the expense of returning a stolen covered
"auto" to you.
in, GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTION
Ill - PHYSICAL DAMAGE COVERAGE, the
following is added:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
11. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTION
Ill - PHYSICAL DAMAGE COVERAGE, the
Following is added:
IT another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident", the following applies:
(1) If the deductible under this Business AutoIf the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it wil! be reduced by
the amount of the smaller (or smallest)
dedudible.
12. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -
DUTIES IN THE EVENT OF ACCIDENT,CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of
ari "accidenf' applies only when the "accident" is
known to:
(1 ) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
oompany; or
(4) An executive officeror insurance manager, if
you are a corporatiori.
13. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, vve
wil! not deny coverage under this Coverage
Form because of such failure.
14. HIRED AUTO - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7.
POLICY PERIOD, COVERAGE TERRITORY -
of SECTION IV - BUSINESS AUTO
CONDITIONS is replaced by the following:
e. For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the v=iorld provided that if the
'rinsured's" responsibility to pay damages for
'bodily injury" or "properFy damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the lerritories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.'!A
15. WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:
Form HA 9916 03 'l 2
@201 1, The Hartford (Includes copyrighted material
oflSO Properties, Inc., with its permission.)Page 4 of 5
Policy Number: 57UEAQ10439
Effective Date: 0 9 / 3 0 / 2 019
We waive any right of recovery we may have c.Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.
i6. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V-
DEFINITIONS is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, inc!uding
mental anguish or death resulting from any of
these.
1?. EXTENDED CANCELLATION COND]TION
Pragraph 2. of the COMMON
CONDITIONS - CANCELLATION
except as follows:
POLICY
applies
tt' we cancel for any reason other than
nonpayment of premium, we wil! mail or deliver
to the first Named Insured v=iritten notice of
mnce)lation at !east 60 days before the effective
date of cancellation.
18. HYBRID, EIECTRIC, OR NATURAL GAS
VEHICLE PAYMENT COVERAGE
In the event of a tota) loss to a "non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
tt"iis Coverage Form, then such Physical
Damage Coverages are amended as follows:
a.lf the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or natural
gas, we will pay an additional 10%, to a
maximum of $2,500, of the "non-hybrid" auto's
actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
For the purposes of the coverage provision,
a.A "non-hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not indude autos
powered solely by electricity or natura! gas.
b.A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the interna!
oombustion engine and one or more electric
motors to move the auto, or the internal
oombustion engine to charge one or more
electric motors, which move the auto.
'€9. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:
In additiori to the actual cash value of the "auto"
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one 'loss" is $5,000. For purposes of this
ooverage provision, signs or other graphics
painted or magnetical)y affixed to the vehicle are
not considered vehicle wraps.
Form HA 9916 0312
@201 1, The Hartford (Includes copyrighted material
oflSO Properties, Inc., with its permission.)Page 5 of 5
Named Insured: Rodan Builders, Inc-
Policy Number:57WEAQIO440
Effective Date :0 9 / 3 0 / 2 019
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
We have the right to recover our payments from anyone liable Tar an injury covered by this policy. We will n.ot
enforce our right against the person or organization named in the Schedule. (This agreement appiies 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 vtork 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 Descrtptiori
WHERE REQUIRED BY WRITTEN CONTRACT.
Countersigned by
Authorized Representative
Fortn WC 04 03 06
Process Date:
(1) Printed in U.S.A.
Policy Expiration Date:09/30/2020
Rodan Builders, Inc. l Policy No. 57 CPI ZM7682
'I. If all of the other insurance permits contribution by equal shares, we will follow this method also.
Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of
insurance or none of the loss remains, whichever comes first.
2. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits.
Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the'
total applicable limits of insurance of all insurers.
d. An "insured" must submit all "claims", "professional incidents", "protective incidents", "pollution incidents"
and "pollution injuries" for defense and indemnity to any other applicable or potentially applicable
insurance. When any other insurance has a duty to defend a "claim", we will have no duty to pay "claim
expense". If no such other insurance defends the "claim" and we have an obligation to pay "claim
expense" under this insurance, we will have the right to control the defense or an "insured" with counsel
of our mutual agreement as set forth in SECTION V - CONDITIONS, Paragraph 3. Defense of Claim.
This Policy extends coverage to "additional insureds"
POLLUTION, COVERAGE F - CONSTRUCTION
COVERAGE G - NON-OWNED DISPOSAL SITE
under COVERAGE D - CONSTRUCTION JOB SITE
RELATED TRANSPORTATION POLLUTfON, and
POLLUTION. Coverage for "additional insureds" is
extended:
a. Only when a Limit of Insurance For such Coverage Part is shown in the Declarations; and
b. With respect to the "additional insured's" liability resulting solely from "covered operations" or "completed
operations" at a "construction jobsite", "transportation" to or from a "construction jobsite", or disposal of
waste or materials generated at a "construction jobsite" performed by an "insured" or by those acting on
behalf of an "insured" other than the "additional insured"; and
c. Only for the period of time required by the written contract or written agreement, or written permit or
written license, between the "insured" and "additional insured".
Coverage for "additional insureds" shall not exceed the lesser of the applicable Limit of Insurance available
under this Policy or the Limit of Insurance required by written contract or written agreement, or written permit
or written license, between the "insured" and the "additional insured."
If coverage under this Policy is extended to an "additional insured" under this SECTION V - CONDITIONS,
Paragraph 19., subject to all limitations set forth herein, the "additional insured" will be deemed an "insured"
under this Policy.
SECTION Vl - EXTENDED REPORTING PERIODS (CLAIMS MADE AND REPORTED COVERAGES)
This Section applies to any Coverage Part or endorsement to this Policy issued on a Claims Made and Reported
basis.
1. Basic Extended Reporting Period
We will provide a basic "extended reporting period", as described below, if:
a. This Policy is canceled or not renewed by us for any reason other than nonpayment of premium, fraud or
misrepresentation; or
b. We renew or replace this Policy with insurance that does not apply to "claims", "protective indemnity
claims", "professional incidents", "pollution incidents" or "pollution injury" that would be covered under this
Policy.
c. Subject to SECTION Vl - EXTENDED REPORTING PERIODS, Paragraphs la. and lb. above, a basic
"extended reporting period" is automatically provided without additional charge. This period starts with
the end of the "policy period" and lasts for 90 days.
The basic "extended reporting period" does not apply to "claims", "protective indemnity claims", "professional
incidents", or "pollution incidents" that are covered under any subsequent insurance providing coverage to an
"insured", or that would be covered by the subsequent insurance, except for exhaustion of limits.
2. Supplemental Extended Reporting Period
We will provide a supplemental "extended reporting period" at the written request of the first Named Insured
made no later than 60 days after the end of the "policy period." The supplemental "extended reporting
period" will be provided by endorsement to this Policy for an additional premium charge. The endorsement
shall set forth all terms and conditions applicable to the supplemental "extended reporting period".
Page 18 of 24 Form CL 00 05 4 015
POLICYNUMBER: 57 CPI ZM7682 J
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF SUBROGATION
This endorsement modifies insurance provided underthe following:
CONTRACTORS PROFESSIONAL AND PROTECTIVE INDEMNITY PLUS (CPPI+)
SECTION V - CONDITIONS, paragraph !t Stsbrogation is deleted and replaced with the following:
11. Subrogation
In the event of any payment under this Policy, an *'insured" wilI execute and deliver all requested instruments
and papers to us and take v=tiratever other actions are reasonably necessary and requested by us to exercise
our rights of subrogation. An "insured" will do nothing to waive or prejudice our rights of subrogation. We wi!i
have priority over an "irisured" in allocation of any recovery, and any amounts recovered in excess of our total
payment arid our cost of recovery will be paid to the "insured". The Policy Aggregate Limit of Insurance will be
reinstated by the amount recovered by us, less our cost of recovery,
We waive our rights of subrogation under this Policy only to the extent such a vraiver is reqciired by written
contract or written agreemerat executed by an "insured" prxor to a "ciaim" "protective indemnity claim':
"poliution incident", "professional incident', or "proleeAve incident',
Ail other terms and conditions remain unchanged.
Form CL 28 241015 Page I of 1
@ 2016, Ttqe Hartford
,,-a
DATE (MM/DD/YYYY)
8/12/2020
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
REPRESENT ATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER
Arthur J. Gallagher & Co. Insurance Brokers of CA.
160 West Santa Clara Street Suite 300
San Jose CA 95113
CONT ACT
NAME:
(,yc,o,x,p"o"=,408-973-9500 ireyc,No")x,408-257-2985
i-MAIL
ADDRESS:
CUST(\gER ID: RODABU'O1
INSURER(S) AFFOFIDING COVERAGE NAIC #
INSURED
Rodan Builders, Inc.
3486 Investment Blvd. Suite B
Hayward CA 94545
INSURER @, Hanover Insurance Company 22292
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES
LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED. NOTWITHST ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT AIN, 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
LTR TYPE OF INSURANCE POLICY NIJMBER POIICY EFFECTIVE
DATE (MM/00/YYYY)
POLICY EXPIRATION
DATE (MM/00/YYYY)COVERED PROPERTY LIMITS
_PROPERTY
CAUSES OF LOSS DEDUCTIBLES
BUILDING
PERSONAL PROPERTY
BUSINESS INCOME
EXTRA EXPENSE
RENT AL VALUE
BLANKET BUILDING
BLANKET PERS PROP
BLANKET BLDG & PP
$
$
BASIC BUILDING
$
BROAD $CONTENTS
SPECIAL $
EARTHQU AKE $
WIND $
FLOOD $
$
$
A
X INLAND MARINE
CAUSES OF LOSS
NAMED PEFIILS
TYPE OF POLICY
Builder's Risk
9/30/2019 9/30/2020
x
-X
X
-X
Policy Limit
Transit
Offsite Storage
Deductible
$ 50,000,000
$1 ,000,000
POLICY NUMBER
1HFD70827501
$ i ,000,000
$ 5.000
JCRIME
TYPE OF POLICY
$
$
$
J:oOuLiEpRuE_&N':AE3CFIHEA"KERoYow/ N $
$
$
$
SPECIAL CONDITIONS /OTHER COVERAGES (tiCORD '101, Additional Remarks Sctiedule, may be attached if more space is required)
Wood Frame Sublimit: $10,000,000
Joisted Masonry Sublimit: $20,000,000
Flood Limit: $1,000,000, Deductible: $50,000
Earthquake Limit: $1,000,000, Deductible: 5%, $100,000
See Attached...
CERTIFICATE HOLDER
CERTIFICATE NUMBER: 595104221 REVISION NUMBER:
CANCELLATION
City of Cupertino
Attn: Director of Public Works
10300 Torre Avenue
Cupertino CA 95014
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH
THE POLICY PROVISIONS.
AUTHORIZED FIEPFIESENT ATIVE
4bg-_
@1995-2015ACORDCORPORATION. Allrightsreserved.
ACORD 24 (2016/03)The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: RODABUI-01
AC0RD
AGENCY
Arthur J. Gallagher & Co. Insurance Brokers of CA.
NAMED INSURED
Rodan Builders, Inc.
3486 Investment Blvd. Suite B
Hayward CA 94545POLICY NUMBER
CARRIER NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 24 FORM TITL E, CERTIFICATE OF PROPERTY INSURANCE
SPECIAL CONDITIONS:
Project 2020-03
RE: Cupertino Library Expansion Project, 10800 Torre Avenue, Cupertino, CA 950'l4.
ACORD 101 (2008/01)
LOC #:
ADDITiONAL REMARKS SCHEDULE Page I of I
@ 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Library Expansion Project Design and
Construction Contract
Final Audit Report 2020-08-31
Created:2020-08-29
By:Araceli Alejandre (aracelia@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAATNZF4blEM5HyghGG4yreNdrg-_uFr667
"Library Expansion Project Design and Construction Contract" H
istory
Document created by Araceli Alejandre (aracelia@cupertino.org)
2020-08-29 - 0:12:44 AM GMT- IP address: 64.165.34.3
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Signed document emailed to Rory Morgan (rmorgan@rodanbuilders.com), Roger Lee (rogerl@cupertino.org),
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