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Sharp Park PDA Project Award Staff Report Attachment 1 JJR Agreement

Pacifica City Council
January 13, 2025

Document
Sharp Park PDA Project Award Staff Report Attachment 1 JJR Agreement
Meeting
January 13, 2025
Body
Pacifica City Council
Pages
16
Original file
2.1 MB
Text extracted from the city's file for reading and search. Open the original on pacificacityca.iqm2.com. That file is the official record.

CITY OF PACIFICA
170 Santa Maria Ave, Pacifica, CA 94044

CONSTRUCTION SERVICES AGREEMENT
Sharp Park PDA Pedestrian Improvement Project
DATE: 1/13/2025

1. IDENTIFICATION OF CONTRACTOR:

CONTRACTOR: JJR Construction, Inc
CALIFORNIA LICENSE NO: 665645 CLASS: A, C-8

2. SCOPE OF THE WORK
See Scope of Work attached as Appendix A.

COMPENSATION FOR WORK. Contractor's total compensation for the Work performed under this Agreement (Contract Sum) is $1,639.478.21 to be paid as (check one): (1) O lump sum; (2) * lump sum with progress payments; (3) • per attached schedule of rates and charges, up to a guaranteed not-to-exceed amount of $ . All payments (check one): shall • shall not be subject to a five percent (5%) retention.

3. SCHEDULE OF PERFORMANCE FOR THE WORK. Contractor shall commence and complete the Work by the following dates:

Commencement Date shall be on the date established in the Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date of the Work.

Final Completion Date: Within 100 working days of Commencement Date.

3.01 Liquidated Damage Amounts.

As liquidated damages for delay Contractor shall pay Owner Five Hundred dollars ($500.00) for every 60 minute time period (or portion of) beyond the hours of work allowable shall be withheld from moneys due to the Contractor.

As liquidated damages for delay Contractor shall pay Owner One Thousand. Five Hundred dollars ($1,500.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

3.02 Scope of Liquidated Damages
A. Contractor and Owner agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by Owner because of a delay in completion of all or any part of the Work. Contractor and Owner agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by Owner, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages.

Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by Owner as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from Defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from Owner (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Owner may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then-accrued liquidated damages.

4. TERMS AND CONDITIONS.

4.01 Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, Contract Documents):

Appendix A - Scope of Work
Appendix B - General Conditions
Appendix C- Insurance
Appendix D - Construction Labor and Materials Payment Bond Appendix E - Construction Performance Bond
Appendix F - Supplemental Conditions

4.02 The Contract Documents are the sole and exclusive provisions that govern the Work. Any provision contained in any Owner purchase order issued in connection with this Agreement or any Work shall be null and void and shall have no force or effect.

4.03 Agreement number must appear on all invoices and correspondence. Send invoices in duplicate immediately upon performance of Work ordered hereon or as otherwise provided in the Contract Documents to:

City of Pacifica, Department of Public Works,
170 Santa Maria Ave, Pacifica, CA 94044
CONTRACTOR: JJR Cosntruction OWNER: CITY OF PACIFICA
Carlos Raposa
Signature Signature
Carlos RApOSO-Presidut Kevin Woodhouse. City Manager
Print Name & Title
1/6/25
Date Date
APPROVED AS TO FORM: ATTEST:

Michelle Marchetta Kenyon, City Attorney Sarah Coffey, City Clerk SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 2 Addresses for Notices: Addresses for Notices:

JJR Contruction, Inc City of Pacifica
1120 Ninth Avenue 170 Santa Maria Ave
San Mateo, CA 94402 Pacifica, CA 94044
SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JUR Construction - Page 3 Appendix A to Construction Services Agreement

SCOPE OF WORK
Sharp Park PDA Pedestrian Improvement Project CML 5350(026) consists of: This OBAG 2 oroject will install ADA sidewalk, curb ramps, driveways, and will resurface 6 blocks in the West Sharp Park Neighborhood. The Project limits include Paloma Ave, Carmel Ave, and Santa Maria Ave between Beach Blvd to Palmetto Ave, and between Palmetto Ave to Francisco Blvd.

SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 4 Appendix B to Construction Services Agreement

GENERAL CONDITIONS
ARTICLE 1 TERMS OF PERFORMANCE
Construction Services Agreement (Agreement) Force and Effect. The provisions of the Agreement and other Contract Documents constitute the entire agreement between the Contractor and Owner regarding the Work described herein. No representation, term or covenant not expressly specified in the Contract Documents shall be a part of the parties' agreement. The Agreement and other Contract Documents shall govern the Work (whenever performed), and shall supersede all othe urchase orders and agreements between Contractor and Owner, and any proposal, with respect t the Work.

Construction Performance Bond; Construction Labor and Materials Payment Bond; Securities in Lieu of Retention Escrow Account.

If Contract Sum under the Agreement exceeds (or is expected to exceed) $25,000, Contractor shall provide (i) a construction labor and material payment bond, in accordance with Civil Code Section 9550 and in form attached hereto Appendix D - Construction Labor and Materials Payment Bond, and (ii) a construction performance bond in form attached hereto as Appendix E - Construction Performance Bond. Contractor may not substitute cash in lieu of the required bond(s).

If the Agreement specifies performance retention, Contractor may elect to substitute securities or direct payment to an escrow account, pursuant to Public Contract Code Section 22300 (incorporated herein by this reference).

Records and Payment Requests. Contractor shall submit all billings with all necessary invoices or other appropriate evidence of proper performance, after which Owner shall make payment within 30 days. Upon Owner's written request, Contractor shall make available to Owner, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the Work or the expenditures and disbursement charged to Owner, and all correspondence, internal memoranda, calculations, books and accounts, records documenting its Work under the Contract Documents, and invoices, payrolls, timecards, records and all other data related to matters covered by the Contract Documents.

Contractor shall furnish to Owner, its authorized agents, officers, or employees, such other evidence or information as Owner may require with regard to the Work or any such expenditure or disbursement charged by Contractor. Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least five years following completion of the Work, except that all such items pertaining to hazardous materials shall be maintained for at least 30 years. Contractor shall permit Owner to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of the Contract Documents shall have the same rights conferred to Owner by this section. Such rights shall be specifically enforceable.

Use of Contract Documents and Other Information. Drawings, Specifications, and other Contract Documents are made available to Contractor solely for Contractor's use under the Contract Documents. Further, all tangible and intangible property developed, produced and/or provided by Contractor under the Contract Documents, and all such items (other than Contract Documents) provided by Owner to Contractor in connection with the Contract Documents including, without limitation, drawings, specifications, sketches, models, samples, tools, computer programs, technical information, confidential business information, scripts, customer or personnel information and data, whether written, oral or otherwise (all hereinafter referred to as Information) shall be Owner's sole property. Contractor may not use Contract Documents or Information for SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 5 any purpose unrelated to Contract Documents without Owner's prior written consent. All copies of Information in written, graphic or other tangible form shall be delivered to Owner upon completion of Work, or earlier if otherwise provided in Contract Documents.

Performance of Work/No Assignment. Time is of the essence in the performance of the Work.

Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by Owner, and with applicable laws, codes, and all applicable industry standards.

Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any property unless specifically part of the scope of the Contract Documents. Contractor shall not contract any portion of the Work or otherwise assign the Contract Documents without prior written approval of Owner. (Contractor shall remain responsible for compliance with all terms of the Contract Documents, regardless of the terms of any such assignment.) Contractor shall permit Owner (or its designees) access to the work area, Contractor's shop, or any other facility, to permit inspection of the Work at all times during construction and/or manufacture and fabrication. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any Owner representative, or certification by any governmental entity, shall in no way limit or relieve Contractor from its obligations under the Contract Documents. Either party's waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of the Contract Documents, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party's right thereafter to enforce or compel strict compliance with every provision hereof. Owner shall have, at all times, set-off rights with respect to any payment and Contractor's failure to perform the terms of the Contract Documents.

Defective Work; Warranties. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices, all Contract Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to Owner for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions, correct, remove and replace the Defective Work with conforming Work, and correct, remove and replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so within five days of Owner's written notice (or other time period specified in the notice), Contractor shall pay all of the Owner's resulting claims, costs, losses and damages. Where Contractor fails to timely correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.

Earthwork and Underground Facilities. If the Work involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall notify Owner in writing of any material that Contractor believes may be hazardous waste that is required to be removed in accordance law, subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids, or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, pursuant to Public Contract Code Section 7104. For any Work involving trench shoring that costs in excess of $25,000, Contractor shall submit and Owner or a SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 6 registered civil or structural engineer employed by Owner) must accept, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Consistent with Government Code Section 4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding.

LEGAL
Compliance with Laws; Conflict of Interests. Contractor shall comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti-kick-back, collusion, prevailing wages, labor compliance, and the provisions of the Americans with Disability Act. Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by the Contract Documents to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained, or will be employed or retained, to solicit or obtain any contract with Owner, upon an agreement or understanding for a contingent fee, except a bona fide employee or agency.

Licenses, Patents, Permits. Before commencing Work, Contractor shall apply for, obtain and maintain in current status, at its own expense, any license, permit or approval required from any agency for the performance of Work. To the greatest extent permitted by law, Contractor shall not be entitled to any compensation for any Work performed while not properly licensed, etc.

Employee Wages; Records; Apprentices. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by regulation. Contractor shall pay prevailing wages to its employees on any Order in excess of $1,000.00. Copies of the prevailing rate of per diem wages are on file at Owner's principal office. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. 2015 or continues on or after January 1, 2016) to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If Contract Sum exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.

Mandatory Contractor and Subcontractor Registration. Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.

Indemnity/Liability. Contractor shall defend, indemnify, and save harmless, to the fullest extent permitted by law, the Owner and each of its officers, directors, representatives, agents and employees, against all claims, suits, actions, loss, cost, damage, expense, and liability arising from or related to bodily injury to or death of any person or damage to any property, or resulting from any breach and/or Contractor's negligence in performing the Work pursuant to the Contract Documents.

Notwithstanding any provision of the Contract Documents, Owner shall not be liable to Contractor SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 7 or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. Owner's rights and remedies, whether under the Contract Documents or other applicable law, shall be cumulative and not subject to limitation.

Worker's Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work.

MISCELLANEOUS
No Modification or Waiver; Severability. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Owner and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents. Should any part of the Contract Documents be declared invalid, void or unenforceable, all remaining parts, terms and provisions of the Contract Documents shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby.

Independent Contractor. Contractor is an independent Contractor and does not act as Owner's agent in any capacity, whatsoever. Contractor is not entitled to any benefits that Owner provides to Owner employees including, without limitation, insurance, worker's compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor's provision of Work not the means, methods, or scheduling of the Contractor's Work. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other taxes not specifically identified in the Contract Documents as Owner's responsibility.

Termination; Suspension; Disputes. Owner may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in whole or in part, for such periods of time as Owner may determine in its sole discretion. Owner will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor's fault. Owner will compensate Contractor for extra costs resulting from such directives only to the extent that Owner issues such directives for its convenience and not due to Contractor's fault (but Owner shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for Owner's convenience.) Contractor shall continue its Work throughout the course of any dispute, and Contractor's failure to continue Work during a dispute shall be a material breach of the Contract Documents. All claims by Contractor against Owner shall be submitted in writing to Owner, and shall be governed by Public Contract Code Sections 20104 - 20104.6, after which time the one year time period in Government Code Section 911.2 shall be, pursuant to Government Code Section 930.2, reduced to 90 days. Should Contractor be terminated for default, and such termination is subsequently determined to be wrongful, such termination will be converted to a termination for convenience as provided herein.

Notices. All notices between the parties hereto shall be in writing and may be served by commercial express/overnight courier service or by depositing the same in the United States mail, postage prepaid and certified receipt requested, and addressed as indicated beneath each party's signature in the Master Agreement, or as either party may otherwise provide to the other.

SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction -- Page 8 Dispute Resolution. All Contractor claims not otherwise subject to Public Contract Code Sections 20104 et seq shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be confidential, non-binding, pursuant to the construction mediation procedures of JAMS in San Francisco, California, and utilize the services of a mediator mutually acceptable to the parties. If the parties are unable to agree, the mediator will be selected by JAMS from its panel of approved construction industry mediators, having a minimum of 10 years' experience in the construction industry. The cost of mediation shall be equally shared by all parties to the mediation. The parties hall, prior to the commencement of a mediation pursuant to this Paragraph, upon notice of the ther party, exchange relevant, non-privileged project documents in compliance with Code of Civi Procedure Sections 2031.010 et seq. Additionally, the parties may agree mutually to engage in additional discovery prior to mediation. Should the parties proceed with additional discovery, they shall, unless mutually agreed otherwise, comply with Code of Civil Procedure Sections 2019, et. seq. The Mediator will undertake to resolve any discovery disputes relating to the Mediation.

Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in San Mateo County, California. Enforcement of the Contract Documents shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in the Contract Documents, nothing in the Contract Documents shall operate to confer rights or benefits on persons or entities other than Owner and Contractor. As between the parties to the Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of Owner's issuance of the final Certificate for Payment, or termination of the Contract Documents, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause.

SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 9 Appendix C to Construction Services Agreement

INSURANCE

1. Commercial General Liability Insurance, written on an "occurrence" basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, liability for slander, false arrest and invasion of privacy, blanket contractual liability, broad form endorsement, and completed operations, personal and advertising liability, with limits of not less than [$1,000,000] general aggregate and [$1,000,000] each occurrence, subject to a deductible of not more than ($1,000] payable by Contractor.

2. Business Automobile Liability Insurance with limits not less than [$1,000,000] each occurrence including coverage for owned, non-owned and hired vehicles, subject to a deductible of not more than [$1,000] payable by Contractor.

3. Workers' Compensation Employers' Liability limits not less than |$1,000,000] each accident, [$1,000,000] per disease and [$1,000,000] aggregate. Contractor's Workers' Compensation Insurance policy shall contain a Waiver of Subrogation against the City of Pacifica, its officers, directors, officials, agents, employees and volunteers. In the event Contractor is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of Self- Insurance, State of California.

4. IIf applicable/ Builder's Risk Insurance including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, aircraft, riot, vehicle damage, explosion, smoke, falling objects, vandalism, malicious mischief, collapse, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of all construction constituting any part of the Work, excluding the cost of excavations, of grading and filling of the land. [Alternatively, if applicable] An Installation Floater including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, vandalism, malicious mischief,-and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of the Work. [If either Builder's Risk or an Installation Floater is required, continue/ Such insurance may be subject to deductible clauses not to exceed [$10,000] for any one loss. Such insurance will not cover loss or damage to Contractor's equipment, scaffolding or other materials not to be consumed in the performance of the Work. The insurer shall waive all rights of subrogation against Owner.

5. Insurance policies in Appendix C shall contain an endorsement containing the following terms:

City of Pacifica, its officers, directors, officials, agents, employees, and volunteers, shall be named as additional insureds, but only with respect to liability arising out of the activities of the named insured, and there shall be a waiver of subrogation as to each named and additional insured

5.02 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability.

5.03 Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to Owner thirty (30) days in advance of the effective date thereof.

5.04 Insurance shall be primary insurance and no other insurance or self-insured retention carried or held by any named or additional insureds other than Contractor shall be called upon to contribute to a loss covered by insurance for the named insured.

SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 10

6. Certificates of Insurance and Endorsements shall have clearly typed thereon the Project Name, shall clearly describe the coverage and shall contain a provision requiring the mailing of written notices of cancellation described in clause 5.03 above.

7. All policies of insurance shall be placed with insurers acceptable to Owner. The insurance underwriters) must be duly licensed to do business in the State of California and (other than for workers' compensation) must have an A. M. Best Company rating of [A-, VII] or better. Required minimum amounts of insurance may be increased should conditions of Work, in the opinion of Owner, warrant such increase. Contractor shall increase required insurance amounts upon direction by Owner.

SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 11 JURCONS-01 JARGUELLO
• ACORD DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 12/30/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 endorsements)- PRODUCER License # 0757776
HUB International Insurance Services Inc. (Co, Ext: (925) 609-6500 [AC, No): (925) 609-6550 3000 Executive Parkway
Suite 300 ADDRESS:

San Ramon, CA 94583 INSURERS AFFORDING COVERAGE NAIC #
INSURER A : Travelers Property Casualty Company of America 25674 INSURED INSURER B: The Travelers Indemnity Company of Connecticut 25682 JJR Construction, Inc. INSURER C:
1120 9th Avenue INSURER D:

San Mateo, CA 94402
INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO NDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

A X COMMERCIAL GENERAL LIABILITY 1,000,000

EACH OCCURRENCE
1/1/2026 DAMAGE TO RENTED 300,000
CLAIMS-MADE X OCCUR DT22-CO-4P699303-TCT-25 1/1/2025 PREMISES (Ea occurrence $ X PD Ded: 5,000 MED EXP (Any one person) 5,000
PERSONAL & ADV INJURY 1,000,000
GENERAL AGGREGATE 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY X BEET LOC PRODUCTS - COMP/OP AGG 2,000,000
OTHER:

COMBINED SINGLE LIMIT 1,000,000
AUTOMOBILE LIABILITY (Ea accident)
X ANY AUTO 810-4P595329-25-26-G 1/1/2025 1/1/2026 BODILY INJURY (Per person)

AUTOS ONLY

X FIRES ONLY X NONSENER

UMBRELLA LIAB OCCUR EACH OCCURRENCE

EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTION$

A X SEATUTE
Y/ N x UB-4P710490-25-26-G 1/1/2025 1/1/2026 E.L. EACH ACCIDENT 1,000,000 N/ A 1,000,000
E.L. DISEASE - EA EMPLOYEE S
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 RE Sharp Park PDA Pedestrian improvemen roo 101, Aditonal Remarks schedule, may be atached if more pace is required)

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN City of Pacifica ACCORDANCE WITH THE POLICY PROVISIONS. 170 Santa Maria Ave
Pacifica, CA 94044

AUTHORIZED REPRESENTATIVE
Senselerse
ACORD 25(2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: JJRCONS-01 JARGUELLO
LOC#: 1
ACORD®
ADDITIONAL REMARKS SCHEDULE Page 1 of 1
AGENCY
HUB International Insurance Services Inc.

POLICY NUMBER
SEE PAGE 1

CARRIER NAIC CODE
SEE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles:
except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date.

ACORD 101(2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: DT22-CO-4P699303-TCT-25 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
(Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
PROVISIONS (1) Any "bodily injury", "property damage" or The following is added to SECTION II - WHO IS AN
INSURED:
surveying
Any person or organization that you agree in a
written contract or agreement to include as an
additional insured on this Coverage Part is an (a) The preparing, approving, or failing to insured, but only: prepare or approve, maps, shop
a. With respect to liability for "bodily injury" or drawings, opinions, reports, surveys, "property damage" that occurs, or for "personal field orders or change orders, or the injury" caused by an offense that is committed, preparing, approving, or failing to subsequent to the signing of that contract or prepare or approve, drawings and agreement and while that part of the contract or specifications; and agreement is in effect; and
(b) Supervisory, inspection, architectural or
b. If, and only to the extent that, such injury or engineering activities. damage is caused by acts or omissions of you or
your subcontractor in the performance of "your (2) Any "bodily injury" or "property damage" work" to which the written contract or agreement caused by "your work" and included in the applies. Such person or organization does not "products-completed operations hazard" qualify as an additional insured with respect to unless the written contract or agreement the independent acts or omissions of such specifically requires you to provide such person or organization. coverage for that additional insured during The insurance provided to such additional insured is the policy period. subject to the following provisions: c. The additional insured must comply with the a. If the Limits of Insurance of this Coverage Part following duties:
shown in the Declarations exceed the minimum
(1) Give us written notice as soon as practicable
limits required by the written contract or of an "occurrence" or an offense which may agreement, the insurance provided to the result in a claim. To the extent possible, such additional insured will be limited to such notice should include:
minimum required limits. For the purposes of
determining whether this limitation applies, the (a) How, when and where the "occurrence" minimum limits required by the written contract or or offense took place; agreement will be considered to include the
minimum limits of any Umbrella or Excess (b) The names and addresses of any injured liability coverage required for the additional persons and witnesses; and insured by that written contract or agreement. (c) The nature and location of any injury or This provision will not increase the limits of damage arising out of the "occurrence" insurance described in Section III - Limits Of or offense.

Insurance.
b. The insurance provided to such additional (2) If a claim is made or "suit" is brought against the additional insured:
insured does not apply to:

CG D2 46 04 19 © 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of 2

COMMERCIAL GENERAL LIABILITY
(a) Immediately record the specifics of the (4) Tender the defense and indemnity of any claim or "suit" and the date received; and claim or "suit" to any provider of other insurance which would cover such additional
(b) Notify us as soon as practicable and see
to it that we receive written notice of the insured for a loss we cover. However, this condition does not affect whether the
claim or "suit" as soon as practicable.
insurance provided to such additional
(3) Immediately send us copies of all legal insured is primary to other insurance papers received in connection with the claim available to such additional insured which or "suit", cooperate with us in the covers that person or organization as a investigation or settlement of the claim named insured as described in Paragraph 4., defense against the "suit", and otherwise Other Insurance, of Section IV - Commercial comply with all policy conditions. General Liability Conditions.

Page 2 of 2 ends

POLICY NUMBER: DT22-CO-4P699303-TCT-25

COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations.

Required By Written Contract 7. Separation Of Insureds
If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies:
contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured
Named Insured; and
which covers such insured as a named insured,
and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or "suit" is brought.
(1) The "bodily injury" or "property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us
(2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, those rights are transferred to us. The insured must
offense that is committed;
do nothing after loss to impair them. At our request,
subsequent to the signing of that contract or the insured will bring "suit" or transfer those rights agreement by you. to us and help us enforce them.

5. Premium Audit 9. When We Do Not Renew
a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date
for audit and retrospective premiums is the date SECTION V - DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition:
c. The first Named Insured must keep records of a. Notices that are published include material the information need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website

6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement.

Page 16 of 21 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

POLICY NUMBER: 810-4P595329-25-26-G COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED - PRIMARY AND

NON-CONTRIBUTORY WITH OTHER INSURANCE -

CONTRACTORS
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
PROVISIONS 2. The following is added to Paragraph B.5., Other

1. The following is added to Paragraph c. in A.1., CINDIONS SECTION IV - BUSINESS AUTO Who Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE: egardless of the provisions of paragraph a. ar aragraph d. of this part 5. Other Insurance, th
This includes any person or organization who you
insurance is primary to and non-contributory with
are required under a written contract applicable other insurance under which agreement, that is signed by you before the additional insured person or organization is a "bodily injury" or "property damage" occurs and named insured when a written contract or that is in effect during the policy period, to name agreement with you, that is signed by you before as an additional insured for Covered Autos
the "bodily injury" or "property damage" occurs
Liability Coverage, but only for damages to which and that is in effect during the policy period, this insurance applies and only to the extent of requires this insurance to be primary and non- that person's or organization's liability for the
contributory.
conduct of another "insured".

CA T4 99 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, inc. with its permission.

WORKERS COMPENSATION

TRAVELERSJ AND

ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY
HARTFORD CT 06183
ENDORSEMENT WC 99 03 76 ( A) - 001
POLICY NUMBER: UB-4P710490-25-26-G

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
Ne have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

The additional premium for this endorsement shall be 2.00 % of the California workers' compensation pre- mium.

Schedule
Person or Organization Job Description

ANY PERSON OR ORGANIZATION FOR

WHICH THE INSURED HAS AGREED

BY WRITTEN CONTRACT EXECUTED

PRIOR TO LOSS TO FURNISH THIS
WAIVER.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise (The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective Policy No. Endorsement No.

Insured Premium
Insurance Company Countersigned by
DATE OF ISSUE: 12-27-2024 ST ASSIGN: Page 1 of 1
Bond Number: 5847553
Premium: Included in Performance Bond
Appendix D to Construction Services Agreement

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, the City of Pacifica, a general law city and municipal corporation of the State of California (Owner) has awarded to JJR Construction, Ine as Principal a Construction Service 4 greement, dated the 13* day of January, 2025 (Agreement), titled Sharp Park Pedestriar Improvement Project located at the City of Pacifica in the amount of $1,639,478.21 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:

Sharp Park PDA Pedestrian Improvement Project CML 5350(026) consists of: This OBAG 2 project will install ADA sidewalk, curb ramps, driveways, and will resurface 6 blocks in the West Sharp Park Neighborhood. The Project limits include Paloma Ave, Carmel Ave, and Santa Maria Ave between Beach Blvd to Palmetto Ave, and between Palmetto Ave to Francisco Blvd.

2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law; Great American

3. NOW, THEREFORE, we, the undersigned Principal and Insurance Company as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($1,639,478.21) for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys' fees, otherwise the above obligation shall become and be null and void.

5. This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic's Lien Law.

6. Surety, for value received, hereby expressly agrees that no extension of time, change, modification, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder.

7. Surety's obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Agreement; SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 12 and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner's rights against the other.

8. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this 3rd day of January , 2025:

CONTRACTOR AS PRINCIPAL SURETY
J.J.R. Construction, Inc. Great American Insurance Company Company: (Corp. Seal) Company: "orp. Seal)
Calm Depose
Signature Signature
Carlos Raposo Laura L. Plaisant
Name Name
President Attorney-in-Fact
Title Title
1120 9th Ave 301 E. 4th Street
Street Address Street Address
San Mateo, CA 94402 Cincinnati, OH 45202
City, State, Zip Code City, State, Zip Code

END OF DOCUMENT
SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
883808 8000 8008:90808:80808:80898:8:8008 80908:8:808:83808:8098:80800888080508:30803:80808080809:808 8080808:808:3:08:808080805080808:808080 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
Contra Costa
County of
January 3, 2025 Shawndrae N. Johnston, Notary Public
On before me,
Date Here Insert Name and Title of the Officer
Laura L. Plaisant
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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
SHAWYDRAE N. JOHNSTON paragraph is true and correct.

Notary Public - California
San Francisco County
Commission # 2371205 WITNESS my hand and official seal.

My Comm. Expires Aug 17, 2025
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public

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: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:

Signer is Representing: Signer is Representing:
©2019 National Notary Association
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by
this power of attorney is not more than SIX
NEFF PREVOST Addres
MARK C. JOHNSON LL OI ALL
JAMES P. VAWTER LAURA L. PLAISANT SAN RAMON, CA $100,000,000 ROBERT J. SIMMONS, JR. CATHY D. GAGNON
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriat 13TH day of JULY 2023
officers and its corporate seal hereunto affixed this
Attest GREAT AMERICAN INSURANCE COMPANY
My L c. 3.

Assistant Secretary Divisional Senior Vice President
MARK VICARIO (877-377-2405)
STATE OF OHIO, COUNTY OF HAMILTON - SS: 2023 , before me personally appeared MARK VICARIO, to me known.

On this 13TH day of JULY
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great Americar Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority.

SUSAN A KOHORST
Notary Public
State of Ohio Susar A Hohous
My Comm. Expires
May 18, 2025
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008.

CERTIFICATION
the Resolutions of HEN rd OF DiA, i tane 5, 20th a ve retamerican sudance on ay do he any centity that the forgoing Power of Atormey and Signed and sealed this 3rd day of January 2025
Assistant Secretary
S1029AH (03/20)
Bond Number: 5847553
Premium: $19,019.00
Appendix E to Construction Services Agreement

CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, City of Pacifica, a general law city and municipal corporation of the State of California (Owner) has awarded to JJR Construction, Inc as Principal a Construction Services Agreement, dated the 13* day of January, 2025 (Agreement), titled Sharp Park PDA Pedestrian Improvement Project located at the City of Pacifica in the amount of $1,639.478.21 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:

Sharp Park PDA Pedestrian Improvement Project CML 5350(026) consists of: This OBAG 2 project will install ADA sidewalk, curb ramps, driveways, and will resurface 6 blocks in the West Sharp Park Neighborhood. The Project limits include Paloma Ave, Carmel Ave, and Santa Maria Ave between Beach Blvd to Palmetto Ave, and between Palmetto Ave to Francisco Bivd.

2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof;

3. NOW, THEREFORE, we, the undersigned Principal and Insurance Company as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the covenants, conditions, and agreements of the Agreement during the original term and any extensions thereof as may be granted by Owner, with or without notice to Surety, and during the period of any guarantees or warranties required under the Agreement, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Agreement made as therein provided, notice of which alterations to Surety being hereby waived, on Principal's part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.

5. No extension of time, change, alteration, modification, or addition to the Agreement, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition.

6. Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall promptly remedy the default, or shall promptly:

6.01 Undertake through its agents or independent contractors, reasonably acceptable to Owner, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or

6.02 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, reasonably acceptable to Owner, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 14 completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety's total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term "balance of the Contract Sum," as used in this paragraph, shall mean the total amount payable by Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal.

7. Surety's obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner's rights against the others. Surety may not use Contractor to complete the Agreement absent Owner's written consent.

B. No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns.

9. Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment.

10. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this 3rd day of January 2025.

CONTRACTOR AS PRINCIPAL SURETY
J.J.R. Construction, Inc. Great American Insurance Company Company: (Corp. Seal) Company: Corp. Sea
Carla Raposo
Signature Signature
Carlos Raposo Laura L. Plaisant
Name Name
President Attorney-in-Fact
Title Title
1120 9th Ave 301 E. 4th Street
Street Address Street Address
San Mateo, CA 94402 Cincinnati, OH 45202
City, State, Zip Code City, State, Zip Code

END OF DOCUMENT
SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 15 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
898:8088838080838N8080808:0080803080808008380808:8080829:3380803080808000E:80808080:8808380818:8080808080880808:80308080809:9088:80888808080880908080808 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
Contra Costa
County of
January 3, 2025 Shawndrae N. Johnston, Notary Public
On before me,
Date Here Insert Name and Title of the Officer
Laura L. Plaisant
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
SHAWNDRAE N. JOHNSTON laws of the State of California that the foregoing Notary Public - California paragraph is true and correct.

San Francisco County
Commission # 2371205 WITNESS my hand and official seal.

My Comm. Expires Aug 17, 2025
spare sounds he flute
Place Notary Seal and/or Stamp Above Signature of Notary Pliblic

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: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:

Signer is Representing: Signer is Representing:
©2019 National Notary Association
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by
this power of attorney is not more than SIX
No. 0 22216

POWER OF ATTORNEY
Name Addres. Limit of Power

JEFF PREVOST ALL OF ALL
MARK C. JOHNSON
JAMES P. VAWTER LAURA L. PLAISANT SAN RAMON, CA $100,000,000 ROBERT J. SIMMONS, JR. CATHY D. GAGNON
This Power of Attorney revokes all previous powers issued on behalf of the attorneys)-in-fact named above.

IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate 13TH day of JULY 2023
officers and its corporate seal hereunto affixed this
Attest GREAT AMERICAN INSURANCE COMPANY
A L c. B. wike Visio
Assistant Secretary Divisional Senior Vice President
MARK VICARIO (877-377-2405)
STATE OF OHIO, COUNTY OF HAMILTON - ss:

On this 13TH day of JULY 2023 , before me personally appeared MARK VICARIO, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority.

SUSAN A KOHORST
Notary Public
State of Ohio Susar A Honors
My Comm. Expires
May 18, 2025
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008.
the respective limits of their authority; and to revoke any such appointment at any time.

CERTIFICATION
the Resolutions of in boat of Directors of Sume 9, 2001 lave not beemersked audance on any o be any ceriy that the foregoing Power of Atomey and. 3rd day of January 2025
Signed and sealed this
Ah c. 3.

Assistant Secretary
S1029AH (03/20)
Appendix F to Construction Services Agreement

SUPPLEMENTAL CONDITIONS

1. Plans
See Plans and Specifications entitled: Sharp Park PDA Pedestrian Improvement Project Shop Drawings
Shop drawings will not be required on this project.

Dust Control and Cleanup
During the construction period, the dust level shall be kept at a minimum. The premises shall also be kept free from the accumulation of waste material or rubbish. Failure to meet this requirement may result in project shutdown.

The final cleaning shall leave the facilities ready for use with no additional cleanup. Use no cleaning materials which will contaminate the ocean. At the completion of the contract, the Contractor shall remove all remaining litter, debris, materials, temporary structures and equipment from the site.

The premises shall be left in a clean and orderly condition acceptable to the City Engineer.

In the event Contractor leaves the job overnight in an unclean condition, City may take action to provide necessary requirements and will deduct the cost of doing so from subsequent Contractor payments.

4. Public Safety
Contractor shall be responsible during all phases of work to provide for public safety and convenience. It shall be the Contractor's responsibility to provide adequate provisions to assure the safety of the general public throughout the duration of the project, including periods when no work is being performed. The site shall be thoroughly fenced-off when work is not actively in progress, and lighted barricades shall be placed around any obstructions not encompassed by this fence.

In the event Contractor leaves the job overnight in an unsafe condition, or fails to provide for public safety and convenience, City may take action to provide necessary requirements and will deduc he cost of doing so from subsequent Contractor payments All applicable safety regulations shall be complied with to protect the public and the Contractor's employees. Strict compliance with Cal/OSHA safety requirements in doing the work is required.

5. Prevailing Wage Rates
The Contractor shall post, in a location on the job site, the prevailing wage rate Determination which is applicable to this proiect.

6. Discrimination
SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 16 No discrimination shall be made in the employment of persons upon public works because of the race, sex, age, color, national origin, creed, sexual orientation or marital status of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Section 1735 of the California Labor Code.

7. Employment of Apprentices
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1967) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.

The Contractor and any subcontractor shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

8. Materials and Supplies
All materials and supplies called for by contractor's scope and proposal and shall be new unless otherwise specified.

9. Protection
The Contractor shall provide adequate protection for the site and surroundings throughout the work.

All damage done to existing property shall be neatly repaired or replaced at the Contractor's expense. Work shall be executed in a careful and orderly manner with the least possible disturbance to public and occupants of the area.

The Contractor shall conduct his operations in such a manner as to avoid damage to existing improvements and adjacent property. The Contractor shall, at its sole cost and expense, repair or replace any damage occurring from his operations to pursue completion of the contract. The repairs and replacement shall be to the satisfaction of the Engineer and according to City standards and practices. The minimum repair or replacement shall be equal to surrounding existing conditions or better, and the Engineer's decision as to acceptable repair or replacement shall be final. The burden of proof as to whether there was existing damage by the Contractor shall rest with the Contractor.

The site shall be maintained in a neat and orderly manner at all times. All existing facilities shall be protected and, if they are damaged or destroyed by the Contractor, shall be restored or replaced in kind at his expense, to their original conditions, or better, as approved by the City or other owner thereof. The site shall be secured at the conclusion of each work day.

10. Inspections
Inspectors, employed by the City, shall be authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work on the project and to the preparation, fabrication or manufacture of the materials to be used. An inspector is not authorized to revoke, alter or waive any requirements of the specifications. He is authorized to call the attention of the Contractor to any failure of the work or materials to conform to the specifications and SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 17 contract. He shall have the authority to reject materials or suspend the work until any question at issue can be referred to and decided by the Engineer.

An inspector will in no case act as foreman or perform other duties for the Contractor, nor interfere with the Contractor's management of the work.

In case the Contractor refuses to suspend operations on verbal order, the inspector giving such verbal order will then issue the order in writing. After placing the order in the hands of the person in charge of the work for the Contractor, the inspector will immediately leave the job. Work done during the absence of the inspector will not be accepted or compensated.

The Contractor shall prosecute work only in the presence of an authorized inspector or authorized representative of the Engineer, and any work done without such inspection shall be at the Contractor's risk and be subject to rejection.

The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work, as performed, is in accordance with the requirements and intent of the specifications and contract. The Contractor shall at all times and for any purpose permit the Engineer and any of his representatives and representatives of the City to have access to the work and the premises used by the Contractor.

11. Defective Materials
Any materials condemned or rejected by the Engineer as not meeting the requirements of these specifications may be branded or otherwise marked by the Engineer and shall, on demand, be at once removed by the Contractor to a satisfactory distance from the work.

If the Contractor does not remove such material within a reasonable time, fixed by written notice, the City may remove and store the materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal and storage within ten days thereafter, the City may, upon ten days' written notice, sell such materials at auction or at private sale. The City will account for the net proceeds thereof after deducting all the costs and expenses that should have been borne by the Contractor.

No partial payment, inspection, taking possession of, or other act made or done by the Engineer or the City with respect to the work prior to the final completion and acceptance thereof shall relieve Contractor from performing the Work in accordance with this contract, and shall not affect or prejudice the right of the Engineer or the City to reject any defective work or material or to require the Contractor complete fulfillment of all the provisions of the contract.

If the Engineer deems it expedient and not in the best interests of the City to correct work injured or done not in accordance with the contract, the defective work may be accepted subject to an equitable deduction from the contract price which may be made therefor by the City upon certificate from the Engineer.

12. Temporary Suspension of Work and Extension of Time for Performance When conditions at the site of the proposed work are unsatisfactory for the prosecution of a part or all of the work as adjudged by the Contractor and he is forced to suspend such work until reasonable conditions for its prosecution exist, he may request, in writing, that the Engineer authorize such suspension of work. Without the Engineer's approval, any suspensions violate this specification.

SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 18 Unsatisfactory conditions may include, but not limited to: inclement weather, excessively high surf and/or tides, strikes, excessive high or low ambient temperature and inability of delivery of materials by suppliers for good reason.

When, in the opinion of the Engineer, suspensions of work are beyond the control of both the Contractor and the City (including, without limitation, adverse weather, conditions, earthquakes, force majeure events), the time of performance as set forth in the Agreement will be extended by the Engineer, in writing, by a period of time equal to that lost due to the delay occasioned by the allowed suspension, all at no additional cost to the City and without waiver of remedies for nonproliferation of the work. Such allowed suspension of work shall not relieve the Contractor of his contractual responsibilities.

13. Laws and Reculations
The Contractor shall comply with all local, regional, State and Federal laws and regulations at all times. In addition, the Contractor shall meet the standards set by the Air Quality Act for Noise and Pollution. If there is any conflict between these specifications and provisions and any laws or regulations, the matter shall be brought to the attention of the Engineer immediately.

14. Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract.

Each internal combustion engine, used for any purposes on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

15. Air Pollution Control
The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract, involving any air pollution control rules, regulations, ordinances and statutes specified in Section 11017 of the Government Code.

16. Water Pollution
General:

Contractor shall take all measures necessary to prevent debris or contamination from entering the ocean. Best Management Practice (BMP) shall be enforced at all times.

Correction of Inadequate Pollution and Erosion Control Measures:

If the measures being taken by the Contractor are inadequate to control water pollution effectively, the City Engineer may direct the Contractor to revise operations. The directions will be in writing and will specify the items of work for which the Contractor's water pollution control measures are inadequate. No further work shall be performed on those items until the water pollution control measures are made adequate.

Abatement of Other Water Pollution:

SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 19 The cleanup of water pollution by chemicals, petroleum products, cement or by the escape of any other material that is harmful or potentially harmful, from the work site as a result of the Contractor's operations, into drainage systems or the ocean shall be the financial responsibility of the Contractor. The means of cleanup and the party or parties to be engaged to perform the cleanup work shall be determined by the Engineer in consultation with appropriate hazardous materials, pollution control, safety, health and wildlife authorities and officials. The Contractor shall immediately carry out cleanup orders issued to him through or by the Engineer and shall make the work site accessible to personnel and equipment from outside pollution control resources called in by the Engineer. The cost of cleanup action called for by the Engineer and performed by outside resources shall be deducted from any monies due or become due the Contractor.

Compensation:

Full compensation for conforming to the requirements of this section shall be considered as included in the Contract Sum paid for the various items of work and no additional compensation will be allowed therefor.

17. Environmental Protection Requirements
Source Reduction and Recycling
The California Integrated Waste Management Act of 1989 (AB 939) mandates that 25 percent of the waste stream in the City of Pacifica be diverted from landfill by 1995 and that this diversion increase to 50 percent by 2000. AB 939 also required the City of Pacifica to prepare and adopt a Source Reduction and Recycling Element (SRRE) outlining recommended programs to meet the above noted diversion goals. One of the approved SRRE programs is to require the utilization of recycled construction materials for City projects. All work performed under this contract and all contractors and their associates and/or employees shall utilize recycled materials and recycle construction materials where feasible. Construction/Demolition Recycling Resources Lists are available from the Pacifica Planning Department and the California Integrated Waste Management Board.

Contractor shall reuse or recycle any useful construction materials generated during the project.

Disposal
At the end of each working day, the Contractor shall collect all scrap, debris and waste material and dispose of such materials properly.

Hazardous Material/Waste Management
A. Storage
The Contractor shall label and store all hazardous materials, such as pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, such as waste oil and antifreeze; in accordance with the City of Pacifica Hazardous Materials Storage Ordinance and al applicable State and Federal regulations.

The Contractor shall store all hazardous materials and all hazardous wastes in accordance with secondary containment regulations, and it is recommended that these materials and SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 20 wastes be covered, as needed, to avoid potential management of collected rain water as a hazardous waste.

The Contractor shall keep an accurate, up-to-date inventory, including Material Safety Data Sheets (MSDSs), of hazardous materials and hazardous wastes stored on-site, to assist emergency response personnel in the event of a hazardous materials incident.

B. Disposal
The Contractor shall use secondary containment, such as a drip pan, to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed or poured.

The Contractor shall keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on site.

The Contractor shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste, as described in the section above.

The Contractor shall not wash any spilled material into streets, gutters, storm drains or creeks and shall not bury spilled hazardous materials.

The Contractor shall report any hazardous materials spill to the City of Pacifica Building Division at (650) 738-7344.

The Contractor shall inspect vehicles and equipment arriving on site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans shall be used to catch leaks until repairs are made.

C. Activity-Specific Requirements
The following requirements shall be met on all projects within the City of Pacifica that include the listed activities.

Concrete. Grout and Mortar Waste Management
Material Management:

The Contractor shall store concrete, grout, and mortar away from drainage areas and ensure that these materials do not enter the storm drain system or the ocean waters.

Concrete Truck/Equipment Wash Out:

The Contractor shall not wash out concrete trucks or equipment into streets or gutters.

The Contractor shall perform washout of concrete trucks or equipment off-site or in a designated area on-site where the water will flow onto dirt or into a temporary pit in a dirt area. The Contractor shall let the water percolate into the soil and SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 21 :
dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, then the Contractor shall collect the wash water and remove it off-site.

18. Layout of Work
Layout of work shall be done by the Contractor. Contractor shall mark the work area limits and facilities to be removed and replaced. All layout shall be approved by the City.

19. Substitutions
Substitutions in material or methods of construction, when necessary because of material shortages or in order to avoid serious delay may be made only after they are approved by the City Engineer in writing.

20. Traffic Control and Public Access
The Contractor shall be responsible for proper traffic control to assure public safety and convenience. Continuous safe public access shall be maintained to residential structures at all times.

21. Material and Workmanship
All materials and workmanship are to be the best of their respective kinds. The terms "or equal," "approved.," "selected" and so forth shall mean as approved, etc. by the City Engineer. All materials and equipment used should be in accordance with the manufacturer's printed directions.

Use adequate numbers of skilled workmen who are thoroughly trained and experienced in necessary crafts and who are completely familiar with the specified requirements and methods needed for proper performance of work specified. Use equipment adequate in terms of size, capacity and numbers to accomplish work in a timely manner.

22. Drug-Free Workplace
The Contractor is required to comply with the Drug-Free Workplace Act of 1988. The requirements of the Drug-Free Workplace Policy are described in City of Pacifica Administrative Policy Number

46. 23. Harassment and Discrimination
The Contractor is required to comply with City of Pacifica Administrative Policy Number 33, Harassment and Discrimination in the Workplace.

24. Payroll Records
Contractor and each Sub-Contractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him in connection with the public work. All payroll records shall be certified and maintained by the Contractor and be made available to auditors and managers from the City upon request.

SHARP PARK PDA PEDESTRIAN IMPROVEMENT PROJECT JJR Construction - Page 22

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