Loading...
09-007 Pacific Water ArtC17Y OF CUPERTINO Date: October 9, 2009 Contractor: Pacific Water Art, Inc. 1244 Birchwood Drive Sunnyvale, CA 94089 CUPERTINO CIVIC CENTER FOUNTAIN PROJECT NU1dBER: 2008-9421 CONTRACT' CHANGE ORDER NO. 7 The following changes are hereby approved, notv~ithstanding language in any attachment to the contrary. Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost or schedule impact such as delay, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. No. ~ Field Order No.__~ Description ~ $ ~ Final cost of Field Auth. 1 for YC,C $3,858.00 reprograming. Total of Change Ordler No. 7 $3,858.00 r u.~~ Total Project: Original Contract $190,000.00 Change Order No. 1 $825,00 Change Order No. 2 $0.{i0 Change Order No. 3 ($3,81:1.00) Change Order No. 4 $1,713.00 Change Order No. 5 $20,385.00 Change Order No. 6 $0.(-0 Ch~Order No. 7 $3,858.00 Revised Contract $212,959.00 Schedule Impact: none Project Final Completion Date: October Z6, 2009 P.O. No.: 032821 Account No.: 420-9241-9300 Page 1 of 2 Civic Center Fountain Protect No. 2006-9421 Change Order No. 7 REVIEWED BY: ___._, ity of Cupertino Terry W. Greene, AIA City Architect Date l~ ~~2_~ Golkaz Consulting Darius Golkaz Principal Date APPROVED BY: City of Cupertino ~`oR-- Ralph A, Qualls, Jr, Director of Public Works Date (0~ q•0 Pacific Water Art, Inc. Dirk Rohloff President Date ~ Civic Center Fountain Project No. 2008-8421 Change Order No. 7 Page 2 of 2 PaC~~~C -~ - 6 llo, ii623675 " 3 - ^ ater 1244 Blrchvrood Dr(ve Art Inc. Sunnyvale, CA 94089 {650) 968.2733 F{ll((650) 958.163$ 7p; City of Cupertino Attn: Drew Golkar 10300 Torre Ave Cupertino CA 95014 We {908) 777-3271 7/15/09 PROPOSAL REVISION City of Cupertino U,V, Upgrade City City Hall Fountain J08NU1ABER _-- - +_-- dORPNONF.~ tiaroby svhmll speciHcal(ons and esllmalas tor: T _.-- ---~^--•~~- - _---~' ~__~___ ~"° --~-'- Per your request, here is our estimate to provicie and install a new PLC eo the jets can be programmed as dictated by the City of Cupertino, 1) Provide programming for the fountain jet noz::lea previously sent on 7/15/09 which inoludea: 1) Travel from Loa Angeles 2) Inata].lation of~a new PLC for programming of jets 3) Programming and testing set up per customer, 4) Overnight stay {1 day only), Total for the above ..............................................$2,100.00 2} if the initial programming is not completed or accepted by the City and additional changes are required, cost o£ additional time and hotel coats required for a second night stay to complete work will be a$ follows; 1) Additional time for programming and testing set up per customer. 2) Additional hotel poet for second night stay, Total for the above,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,$1,758.00 WE PkOpOSC hereby to turnlsh maferlal and lobor-- compfofe In accordance µ~ith the above spedflcatlons, for iho sum ot; Three Thousand Eight Hundred Fifty Eight and 00/10 Dollars dollars{$ Payment to be made as iollotrs: Net upon completion as invoiced, Net 30 day;3. All rt+aleAel Is guaranteed to bn es 5pedfied. All vrork to be canp!elod Inn WolECs;aral manner accorci'~ng b atendord predtces. My at;aaUon or dorllsstion from at+ws drew Gone ~ ~ Authorized ehvt0 axtre costs nf9 be exowled Doty upon trutlen orders, and tril txrcano an bztra Signature ~ __ _ _ _ charge o•.w and aba•e the oswnatu. AA ogreemestls cvnt'rgenl upon stokes, ecckiems or D~rk Rohloff6 - President delays be~bnd wr conlyd. O,•rner to Carry Gro, tornado, and other nowssary Inwrnnco. Wr Note: 7h s proposal mpy e ~•rorkers ere hity corored b/ Wakels Componsntbn Inwrorxa tvilhdre.arn by us If not accepted tvilhln 30 Acceptance Ql 1- CO()OSa~ - Tho above prices, specilcatfons end conditions ar9 salislactory end are hereby accepted. Yov are autlrodzod to do the e;ork Slgnah.ro ___ _ _ es spedtiod, Paymonl wIR De made as out~ned aGaro. i (~ (~ ,(~ ~~`~~\~.1~~5 y.~ 1519 3,858.00 Slpnaluro Date of Aaaptanca; __ __.___. .._____-_ C{TY OF GUPERTINO CIVIC CENTER FOUI`jTAIN UPGRADE PROJECT NUMBI::R: 2008-9421 FIELD AUTHC~RIZATICIN Field Authorization No.: 1 Date: July 27, 2009 Contractor: Pacific Water Ari [nc. 1244 Birchwood Drive Sunnyvale, Ca 94089 This form is to be used to communicate urgent instructions to a contractor where the time required for preparation and execution of a formal Change Order might result in delay or stoppage of the work. A duly authorized Change Order shall incorporate this Field Order as soon as possible and shall bear appropriate ref~:rence to this Field Authorization. General Subject: Contractor to provide additional wore es required for the system operations. Work includes but is not limited to providing programming of the fountain ,jet nozzles. Reason for Change: Work became necessary for the operation of the fountain. You are hereby authorized and instructed to effect the fallowing modifications in your contract for the above project: Provide additional work as required for the system operations and programming of the fountain jet nozzles. All work shall be performed on a: Time And Material Basis Contractor shall provide invoices to verify costs. Not To Exceed Cost: $ 5,000.00 REVIEWED 13Y: y of Cupertino Terry W. Greene, AJA City Architect Date: Golkar Management Consulting Darius Golkar Principal Date: ~ ZT ~ Civic Center Fountain Upgrade Projxt No. 2008-9431 Field Authoriradon No. 1 Pagclcfl APPROVED SY; `-7Z ~ C~ C~ City of Cupertino Ralph A. Qualls, Jr. Director of Public Works Date: ~ ~~ t Pacific Water Art Inc. Dirk Rohloff Project Manager Date: _ 't' " ~. ~ (~ q P~a~~l ~C Ltc, N623675 WAater 1244 ©irchwood Drive ®~ ~1~t ~~C. Sunnyvale, CA 94089 (650) 96II-2733 FAX (650) 968-1633 TO: City of Cupertino Attn; Drew Golkar 10300 Torre Ave Cupertino CA 95014 We hereby submit sp©ci(icafions and estimates for: {408) 777-3271 17/15/2009 JOB IJAF.dE / LOCA71017-----~------ --~------ City of Cupertino U, V. Upgrade City City Hall Fountain JOB IJUF.hBER JOB f't~ONF Provide programming for th fountain jet nozzles. Includes: 1) Travel from Los Angeles 2) Installation of a new P1C for programming of jets 3) Programming and testing set up per customer. 4) Overnight stay. Note: _ Deduct $460.00, if new PLC is not needed. ~~~~~s~a~. ~~:.,o Total ...............$2100.00 We Propose hereby to furnish material a+~d labor •-~ complete In accordance v:ith (ho above speclllcations, for the sum ol: Two Thousand One Hundred and 00/100 Dollars dollars (y 2,100.00 Payment to be made as (ollovds: Net upon completion as invoiced. Net 30 clays. All material Is guaranteed to be as specified. All work to bo completed In a professional r manner according In standard practices. Any alteration or davialion from obovo specilica• Au horize bons involving oxUa costs v:ill ba eaewled only upon written orders, ancf ~4iil become an ezlra SlcrlatUfe _ _ _ __ charge over and above Iho estimate. All agreements contingent upon =uike:>, accidents or Dir~C Ro toff - President -- delays beyond our con!rol. O,vner to carry fire, tornado, and other necessary Insurance. Our Note: This proposal may be workers ar© fuHycovered by tVorkets Compensatlen insurance. wit adrav'm by us ii not accepted within 3 0 da , y" ~CCe~)l"~111CE UI P1'O~~OSiII --- The above prices, spocllicatlons and conditions are salislac!ay and are hereby aeceptc,d. You ar© authorized to do Iho work Slc~nalure as specified. Payment will ba made as outlined abo:~o. Date of Acceptance: Sicdiature .....---- ............. PROO:~Cf 11114 fOlO AI (.)10111(Off/IH:OY 7/1 UU 0-I~JE IV'1l10'r'L. fh141f.0IY U.6A l1 Project No. 2008-9421 DOCUMIiNT 00520 CON'T`RACT THIS CONTRACT, dated this ~~day of~. , 2008 , by and between Pacific Water Art, Inc. whose place of business is located at 1244 Birchwood Drive, Sunnyvale, CA 94089 ("Contractor"), and the CITY OF CUPERTlNO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the 16th day of December, 2008 awarded to Contractor the following Project: PROJECT NUIIRBER 2008-9421 CIVIC CENTER Fa~UNTAIN UPGRADE NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in thy; Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of they Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Terry Greene, City Architect, to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) ac~dng as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue, Cupertino, California 9501'. or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Tirne commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) within 120 Calendar Days from the date when the Contract Time commences to run as provided in Document 0070() (General Conditions) 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer fmancial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or City of Cupertino 00520 - 1 Contract Civic Center Fountain Upgrade Project No. 2008-9421 any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from ciefective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See I?xhibit "A" attached Article 5. Contract:or's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing C'onditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Do~~uments and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has widerstood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. City of Cupertino (10520 - 2 Contract Civic Center Fountain Upgrade Project No. 2008-9421 5.4 5.5 5.6 5.7 5.8 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the ternis and conditions of the Contract Documents. Contractor has given City prompt written notice o:f all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. Contractor is duly organized, existing and in good. standing under applicable state law, and is duly qualified to conduct business in the State of California. Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seg. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00400 Bid Form Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00460 Schedule of Major Equipment and Materials Suppliers Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00505 Notice of Intent to Award Document 00510 Notice of Award Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notice to Proceed Document 00610 Construction Performance Bond Document 00620 Construction Labor and. Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release: of Any and All Claims Document 00660 Substitution Request Form Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00821 Insurance Document 00822 Apprenticeship Prograrn Technical Specification Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than tho.~e listed in this Document 00520, Article 6. Document 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). City of Cupertino (10520 - 3 Contract Civic Center Fountain Upgrade Project No. 2008-9421 Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the I~ontract Documents, and may subcontract portions of the Contract Documents only in compliance with thf; Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subs:ontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing; with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders fmal payment to Contractor, without further acknowledl;ment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northern.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor CoCle which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force ,and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance ~Nith their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed inchided herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, establi:;hed under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. City of Cupertino 00520 - 4 Contract Civic Center Fountain Upgrade . Project No. 2008-9421 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. CIVIC CENTER FOUNTAIN UPGRADE PROJECT CITY: CONTRACTOR: CITY OF CUPERTINO, a Municipal Corporation of the Pacific Water Art, Inc. State of California [Signature] Attest: City Clerk: Kimberly S ' Dirk Rohloff [Please print name here] Approved ~ .t~,fni by City Attorney: I here certify, under penalty of perjury, that David W. Knapp, City Manager of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino by a majority vote of the City Council on: D ~, 2g . David W. Knapp, City Manager o City of Cupertino, a Municipal Corporation of the State of California Designated Representative: Name: Terry W. Greene, AIA Title: City Architect Address: 10300 Torre Ave., Cupertino, CA 95014 Phone:408-777-3354 Facsimile: 408-777-3333 AMOUNT: $ 190,000.00 ACCOUNT NUMBER:420-9421-9300 FILE NO.: 51,203.07Y Title: President [If Corporation: Chairman ,President, or Vice President] B• ignature] Dirk Rohloff [Please print name here] Title: Chief Financial Officer [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] ~~623675 C-27 State Contractor's License No. Classification 7/31/09 Expiration Date Taxpayer ID No. 94-2747390 Name: Dirk Rohloff Title: President Address: 1244 Birchwood Drive Sunnyvale, CA 94089 Phone: (650) 968-2733 Facsimile: (650) 968-1633 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT City of Cupertino Civic Center Fountain Upgrade 00520 - 5 Contract CALIFORNIA ALL-PURPOSE ACKNOWILEDGMENT ~~-C..s-C~~c~'~cY'%4~~.c~~ ~-r~-rat-~r~r.~~-t~.cr~~t'~r~c~'.c-~5,c~"~'~=~~.e:c'erg'-crc-.~A.rcr1=-~C~~':cY-~'~'•e~ State of California County of 5,~, x I ~ ~' ~t~ r` At J~ On `JAh ~~, 2~~i`~ before me, .c;ti {: '!~r/b~ til~al<y Ft1,~~iG nar 1 - Here Insert Name and Tiile of the Offi er personally appeared 1~ ~ r~ ~~ !"~ who proved to me on the basis of satisfactory evidence to be the person~'f whose name(, are subscribed to the thin instrument and acknowledged to me that ~ie)she/they executed the same i is er/their authorized capacity(i~; and that by hi /her/their signature(s~ on the r RON K. IKEBE ; instrument the person(), or the entity upon behalf of (~ COMM. # 18o74so which the person(' acted, executed the instrument. - NOTARY PUBLIC -CALIFORNIA ~ ~ SANTA CLARA COUNTY 0 COMM. Ef(PIRES JULY 26 2012'' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNI.SS my hand and officials I. .~` , Signature ~"~ ~~- - ~~ ~ ~ ~`~- Place Notary Seal Above Signature of Notary Public OPTIONAL! Though the information below is not required by law, it may prole valuable to persons relying on the document and could prevent fraudulent removal and reattachmr~nt of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): _ ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ^ Individual ^ Corporate Officer -Title(s): _ ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here = - - _~ = - - - - = = = - = - = -te=e: -_--~ -~__ -s;,-~-._`-.'~,~,- _ _ `~e._.;~;-~_= ='~-<;_~_ _~~,_ ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 913'.3-2402 • www.NationalNotaryorg Item k5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKN0I,IVLEDGMENT State of California County of f~ h~ ~~~ ~~~ On ~' ' ~~~- before me, ' ate ~ _ Here Insert Name and Title of the Office personally appeared r RON K. IKEBE ; Q COMM. ~ 1807480 ~ .~ NOTARY PUBLIC • CALIFORNIA ~ ~ SANTA CLARA COUNTY [7 COMM. EXPIRES JULY 26 2012 j Place Notary Seal Above ~~ whe proved to me on the basis of satisfactory evidence to be the person(. whose name(>e~is~are subscribed to the ithin instrument and acknowl dged to me that hei~.he/they executed the s me in~~i /her/their authorized aci ies ,and that by i\\ er/their slgnature(~} on the P tY( ) ~~ inst~•ument the person}, or the entity upon behalf of whi~~h the person(9~ acted, executed the instrument. I cE~rtify under PENALTY OF PERJURY under the flaws of tl~e State of California that the foregoing paragraph is truE~ and correct. WI-fNESS my hand and officials al Signature ~`ff`'`- ~ ~`~~/~-~ Signature of Notary Public OPT10111AL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): _ ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top o1 thumb here Number of Pages: Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, C4 91313-2402 • www.NationalNotary.org Item p5907 Reorder: Call Toll-Free 1-800-876-6827 ~~I~IT A Project No. 2008-9421 DOCUMENT 00400 BID FORM To be submitted as part of Envelope "A" by the time and d~cte specified in Document 00200 (Instructions to Bidders). TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THIS BID IS SUBMITTED BY: PACIFIC WATER ART, INC. (Firm/Corapany Name) Re: PROJECT NUMBER 2008-9421 CIVIC CENTER FOUNTAIN UPGRADE 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), to perform and famish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected asnon-responsive. 2. Bidder accepts all of the terms and conditions of she Contract Documents, Document 00100 (Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening. 3. Bidder has visited the Site and performed all tasks, reseazch, investigation, reviews, examinations, and analysis and given notices, regazding the Project and the Site, as set forth in Document 00520 (Contract), Article 5. 4. Bidder has given City prompt written notice of all conflicts, en ors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430 (Suba~ntractors List). 6. The undersigned Bidder understands that City reserves the right to reject this Bid. 7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Awazd, is mailed or delivered to the undersigned Bidder within the time descrit~ed in pazagraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not limited to, Document 00520 (Contract), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond). 8. Notice of Awazd or request for additional information may be addressed to the undersigned Bidder at the address set forth below on the signature page. 10. The undersigned Bidder herewith encloses cash., a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in City of Cupertino Bid Form Civic Center Fountain Upgrade 00400 - 1 Pacific Water Art, Inc Project No. 2008-9421 the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent (10%) of the total of Bid and made payable; to the "City of Cupertino". 11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520 (Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder farther acknowledges City has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be requireei to cooperate with such other work in accordance with the requirements of the Contract Documents. 12. The undersigned Bidder agrees that, in accorda~ice with Document 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00520 (Contract) shall be as set forth in Document 00520 (Contract). City of Cupertino Bid Form Civic Center Fountain Upgrade 00400 - 2 Pacific Water Art, Inc Project No. 2008-9421 SCHEDULE OF BID PRICES All Bid items, including lump sums and unit prices, must be filled in completely. Allowances and Alternative Bid items are described in Document 00800 (Special Conditions). Quote in figures only, unless words are specifically requested. Specialty Items are identified on the Bid Form in the description. ITEM DESCRIPTION UNIT QN TOTAL 1 Install Civic Center Fountain Upgrade LS 1 $190, 000.00 TOTAL BID PRICE $190,000.00 Total Bid Price: One Hundred Ninety Thousand and No/100 Dollars (Words) Unit Legend LS =Lump Sum AL =Allowance EA =Each SF =Square Feet LF =Linear Feet TON =Ton or 2,000 Pounds CY =Cubic Yards LB =Pounds City of Cupertino Bid Form Civic Center Fountain Upgrade 00400 - 3 Pacific Water Art, Inc ACKNOWLEDGEMENT OF RECEII'']' OF ADDENDUMS Bidder herby acknowledges receipt and examination of all (:ontract Documents and the following Addenda: Addendum No. Addendum Date ~~1 10/29/08 Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form. NAME OF BIDDER: Pacific Water Art, Iiic licensed in accordance with an act for the registration of Contractors, and with license number: Expiration Date: 7 / 31 / 0 9 ' 10/29/79 Where incorporated, if applicable Principals I certify (or declare) under penalty of perjury under the laws o gf lifornia th t the oregoing is true and correct. C/~K~~~ ` Signature of Bi der NOTE: If Bidder is a corporation, set forth the legal name of the corporation, state where incorporated, together with the signature of the officer or officers authorized to sign contras;ts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of thc; partner or partners authorized to sign contracts on behalf of the partnership. Business Address: 1244 Birchwood Drive Sunnyvale, CA 94089 Officers authorized to sign contracts: Project No. 2008-9421 4623675 Dirk Rohloff - President Dirk Rohloff -President Typed Full Name: Telephone Number(s): (650) 968-2733 Fax Number(s): (650) 968-1633 E-Mail Address: dirk@pacif icwaterart . com END OF DOCUMENT City of Cupertino Bid Form Civic Center Fountain Upgrade 00400 - 4 Pacific Water Art, Inc Project No. 2008-9421 DOCUMEII'T 00460 SCHEDULE OF MAJOR EQUIPMENT AND MATERIAL SUPPLIERS The undersigned Bidder represents that, if awarded the Contract, the items of major equipment and materials specified below will be supplied by the manufacturers or su~~pliers specified below. By so indicating, bidder warrants that the equipment and materials manufacturer and/or supplif;d by the named manufacturer~or supplier will be provided on the Project unless review of submittal information or performance under tests reveals that the equipment or material does not meet Contract requirements. Failure to indicate a m~mufacturer or supplier listed in the following schedule may render the Bid non-responsive and may be the basis for rejection ofthe Bid. Item 1. Ultraviolet Sterilizer Manufacturer or Supplier Trojan Technologies 2. Water Treatment Controller w/PH System Bidder: Pacific Water Art, Inc Strantrol SIGNATURE ~- DATE END OF DO(:UMENT City of Cupertino SCHEDULE OF MAJOR Civic Center Fountain Upgrade EQUIPMENT AND MATERIAL SUPPLIERS 00460 - 1 Pacific Water Art, Inc DOCUMEI~IT' 00481 NON-COLLUSION AFFIDAVTT PUBLIC CONTRACT CODE §7106 Project No. 2008-9421 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ss. COUNTY OF Santa Clara ) Dirk Rohloff being first duly sworn, deposes and says that he or she is President [Office of Affiant] of Pacific Water Art, Inc [Name of Bidder], the party making the foregoing Bid, that the Bid is riot made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding, and that the Bidder has not in any manner, directly or indirectly, sought by contract, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any advantage against the City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid deposi~:ory, or to any member or agent thereof to effectuate a collusive or sham Bid. Executed under penalty of perjury under the laws of the State of California: Pacific Water Art, Inc Subscribed and sworn before me Kon K Ikebe, Notary Public This ~ GI 7 ^day of I~~' ~~ 7' ~ a I~ , 2008 T RQN K. IKEBE ~ Notary Public of the State of ~ A ~~ 0 COMM. # 1807480 n NOTARY PUBLIC - CAIIfORNIA Q In and for the County of h ~ ~ ~ SANTA CLARA COUNTY 0 My Commission expires ~,,~ (~(~ _~~~ (Seal) COMM. EMPIRES JUIY 26 2012 , (If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partnership or venture.) (If Bidder [including any parhier or venturer of a p~utnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice :President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.) (If Bidder's affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to la`s.) END OF DOCTJMENT City of Cupertino 00481 - 1 Non-Collusion Affidavit Civic Center Fountain Upgrade Project \'o. 2008-9421 DUPLICATE ORIGINAL DOCU1~fE1.'T 00610 CONSTRUCTION PERFO1L~Ll~\CE BO\D l~ 1 0 0 0 7 8 U 1 3 3 THIS CONSTRUCTOOI; PERFORMANCE BOND ("Bond") is dated 1 Z / 2 2 / U 8 is in the penal sum oI Qne Hundred Nir.er~~ Thn tcanrl and Ol)/I)) (19t).Ut~U.U_U_1 (which is one hundred percent of the Contact PriceJ, and is entered into by and behveen the parties listed bdow to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page grid the Bond Terms and Conditions, paragraphs 1 t}trouglr 12, ,Iac~ed 1 ~ e y s ~tggut~l r reference to ~C T F T C L; A T F R ART T -7 f Contractor' , Cp~~LT~ I~St.~RANCE (~ ) ~a ~ S ~ ~ ~ ("Surety"), the City of Cupertino, a Municipal Corporation of the State of~a~i ornia ("City") or other party shall be considered plural where applicable. CONTRACTOR: NPACIFIC KATER ART, INC. 1~'~4 Birchwood Drive S L'RETY: U.S. SPECIALTY INSURANCE CO*!PAN1 ~~I Airport Blvd., Ste. 9UU Address Principal Place of Business Sunnyvale, CA 94089 Lis Aneeles, CA 90045 City/StatdZip City/StatclZip CONSTRUCTION CONTRACT: CI`'IC CE\TER FOIJNTAI\ UPGRADE PROJECT NL!;11BER 2003-9421 at Qrpcrtino, California. DATED D e c e r1 h e r ] 5 .20~ in the Amount of S19 u ~ tl 1] ll _ ~) U (the "Penal Sum") CONTRACTOR AS PRINCIPAL SURETY Company: (<~K~~~ Company: (Corp. Sc Signature: Signature: ~ 'L~ ~ i ~..t~ °z-~ '-_ Name and Title: Dirk Rohloff l;amc and Title: r , .-n 1 ~ ~ ,-,,,., President n, ,.~rnp„_; ., _ f a r r BOND TER~11S .AND CO\-DITI0~1S Contractor and Surety, jointly and severally, bind themselves, their ltci.~, executors, administrators, successors acrd assigns to City for the complete and proper performance of Qte Construction Contract, which is incorporated herein by reference. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contactor shall have no obligation under this; Bond. If them is no City Default, Surety's obligation under this Dond shall arise after: 3.1 Ciry has declared a Contractor Default under the Const;vc;ion Contract pursuant to the tams oC the Construction Contract; and 3.2 Ciry has agreed to pay the Balance of the Contract Sum: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or Cit}' of Cupertino Construction Performance Bond Civic Center Fountain Upgrade 00610 - I Project No. 2008-9421 3.2.2 To a contractor selected to perform tie Construction Contract in accordance with the terms of this Bond end the Construction Contract. lvhcn City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4, below); or 4.2 Undertake to perform and complete the Construction Contract itself, tlirouglr its agents or through independent contractors; provided, that Surety may trot select Contractor as its agent or independent contractor without City's consent; or 4.3 Undertake to perform and complete the Constnution Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon deternruration by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the cocttraclor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety's obligations defined in paragraph 6, below, exceed the Balance of the Contract Sum, then Surety shall pay to (:ity the antouttt of such excess; or 4.4 \Vaive its right to perform acrd complete, arrange for completion, or obtain a ne~v contractor and with reasonable promptness under the circumstalrces, and, after utvestigation and consultation with City, detennine in good faith its monetary obligation to City under paragraph G, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. If City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from thy; Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may c;xcrcise all remedies available to it at law to enforce Surety's liability under paragraph 6, below. 5. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default ort this Boud ten days after receipt of an additional written notice from City to Surety demanding that Surety perfornt its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation, and by ~vay of example only, rights to perform work, protect work, mitigate damages, advance critical work to Litigate schedule delay, or coordinate work with other consultants or contractors. 6. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sunt. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall include, but are not limited to: 6.1 The responsibilities of Contractor under tl~e Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under tl~e Construction Contact to pay liquidated damages, and for damages for which no liquidated damages are specified in the Constnrction Contract, actual damages caused by non-performance of the Consh~uctioa Contract including, but not limited to, all valid and proper backcharges, offsets, payments, indc:mnitics, or other damages; 6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting fiom the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's fees incurred to enforce this Bond). City of Cupertino Civic Center Fountain Upgrade (-0610 - 2 Construction Performance Bond Project No. 2008-9421 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions ~~n changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or u~ any ~vay affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under t}iis B~~i~d shall be instituted in any court of competent jurisdiction ~vhcrc a proceeding is pending bct`veen City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated othern~ise. 10. All troticcs to Surety or Contractor shall be mailcci or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be maned or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any stahtory or regulatory requirement shall be deerncd deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. 12.1 Balance of the Contract Sunt: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract. 12.2 Construction Contract: The contract behveen City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract including, but not limited to, "default" or any other condition allowing a termination for cause as provided in Document 00700 (General Conditions). 12.4 City Default: Material failure of City, ~vh.ich has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is t}ie cause of the asserted Contractor Default and is sufficient to justify Contrector termination of the Construction Contract. EA1D OF DOCUMENT City of Cupertino Construction Performance Bond Civic Center Fountain Upgrade 006] 0 - 3 Project No. 2005-9.321 DOCUMENT 00620 CO\STRUCTIO\ L:~BOR A\D MATERIAL F'A1'ME\T BO\D ~` l U U U 7 8 U 1 3 3 TH-S CONSTRUCTION LABOR AND MATERIAL PA1.'MENT BOND ("Bond") is dated 1 2 / 2 2 / U 8 , is in the penal sum One Hundred Ninet}• Thousand and UU/ lUU (19 [one hundred percent of the Contract PriceJ, and is entered into by and between the parties listed belo~~ to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to PACIFIC i,'ATER ART. INC. ("Contractor').U.S. SPECIALTY INSURANCE COMPANY ("Surety"), the City of Cupcnino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: PACIFIC k'ATER ART, INC. Name 1244 Birchwood Drive Address Sunnyvale, CA 94089 City~~State/Zip CONSTRUCTION CONTRACT: at Cupertino, Califomia. SURETY: ~yU.S. SPECIALTY INSURANCE COMPANY p9~`t~'~+lLAirport Blvd., Ste. 9UU L~osp`tAnlge~fess~ncsLsA 90045 City/State/Zip CIVIC CENTER FOUNTAIN UPGRADE PROJECT NUMBER 2008-9421 DATED D e e e mb e r 1 6 , 20 U 8 in the Amount of S 1 9 U, 0 0 0. U U (the "Penal Sum") CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) c Signatu Name and Title: Dirk Rohlof f President SURETY Company: (Corp. S ~1) 7 Signature: ~~ ~~ /c ~ '. .et --< t- `---- Name and Title: Caro 1 S t r u m Attorney- n- act BO\D TERMS A1D CO\DITIOVS Contractor and Surety, jointly and severally, bin~j themselves, their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to City, this obligation shall be null and void if Contractor. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and 2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity ~vho furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suiu and tendered defense of such claims, demands, liens or suits to Contractor and Surety, and provided there is no City Default. City of Cupertino Conswction Labor and Material Civic Center Fountain Upgrade 00620 - 1 Pa}'ment Bond Project No. 2008-9321 \\'ith respect to Claimants, this obligation shall be null and void if Contractor promptly makes pa}•ment, directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, ho+vever, fail to pay any of the persons named in Section 31S1 of the California Civil Codc, or amounts due under the Unemployment Insurance Codc with respect to \Vork or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Uncmplo}•mcnt Insurance Codc, with respect to such \Vork and labor, then Surety shall pay for the same, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the court. 4. Consistent ++•ith the California Mechanic's Licn 1_a+v, Civil Codc X3082, e1 scy., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice rcyuiremcnts. ~. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for an}• payments made in good faith by Suret}' under this Bond. 6. .Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second, to satisfy obligations oC Contractor and Surety under this Bond. 7. City shall not be liable for payment of any costs, expenses, or attomey's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to th. terms of the Construction Contract, or to the \Vork to be performed thereunder, or materials or equipment to be fumished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes. Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has fumished the last of the labor or materials, or both, but, per Civil Code X3249, must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184. 10. All notices to Surety or Contractor shall be mail~:d or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be m2.iled or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 1 1. This Bond has been fumished to comply with the Califomia Mechanic's Licn Law including, but not limited to, Civil Codc §3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be conswed as a statutory bond and not as a common law bond. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 13. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (I) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or mon_ than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the City of Cupertino Civic Center Fountain Upgrade 00620 - 2 Conswction Labor and Material Payment Bond Project No. 200E-9421 general prevailing rate of per diem wages for each craft or t}•pe of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this deterniination of the prevailing rate of per diem wages to be posted at each Sitc. 1.3. Definitions. 14.1 Claimant:.An individual or entity having a direct contract ti•ith Contractor or ~s•ith a Subcontractor of Contractor to furnish labor, materials or cquipmcnt for use in the performance of the Contract, as further defined in California Civil Codc X3151. The intent of this Bond shall be to include without limitation in the terms "labor, materials or cquipmcnt" that part of water, gas, power, light, heat, oil, gasoline, telephone scn•icc or rental cquipmcnt used in the Construction Contract, architectural and engineering scn•iccs rcquircd for pcrfom~ancc of the ~~'ork of Contractor and Contractor's Subcontractors, and all other items for ~~hich a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Codc `3245(b). 14? Construction Contract: The contract betµ•een City and Contractor identified on the signature page of this Bond, including all Contract Documents and chances thereto. 1.3.3 City Default: Material failure of City, ~-•hich has neither been remedied nor waived, to pay the Contractor as rcquircd by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is s~ fficient to justify termination of the Construction Contract. END OF DOCUMENT City of Cupertino Construction Labor and Material Civic Center Fountain Upgrade 00620 - 3 Payment Bond ACKNOWLEDGMENT State of California Countyof_ Ventura On December 22, 2UU8 before me,_John Strum, Notary Public (insert name and title of the officer) personally appeared Caro 1 Strum who proved to me on the basis of satisfactory evidence to be the person(,8'f whose name(~j is/afe- subscribed to the within instrument and acknowledged to m e that #~/she/tJ~ey executed the same in ibis/her/tJ~eir authorized capacity(iesj, and that by k-+g/her/t~iei~ signature(, on the instrument the person, or the entity upon behalf of which the per son(g) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of Cali fornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ° Signature ~ JOHN STRl1M (~ M ` ~ N07CRYyPUdLIC--CAL ORNIA ~~ VENTURA COUNTY ~ COMM. `XP. APRIL 13, 2009'x' (Seal) POWER OF ~~TTORNEY (To be used with bonds issued on behalf of U.'~S. SPECIALTY INSURANCE COMPANY) %now Al! Men by These Presents That, U.S. SPECIALTY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Carol Strum of Thousand Oaks, California its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providingg the bond penalty does not exceed *** Three Million *** Dollars (S ***3,000,000.00*** )and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that ths said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the U. S. Specialty Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and ~~n behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents cancelin3 or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Compan}' heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted by unanimous written consent in lieu of meeting on July 7, 2003.) In Witness Whereof, U. S. SPECIALTY INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporate seal to be hereto affixed this 2nd day of January, 21)08. Corporate Seal Qe ~9~~~ J'y T ~ y '~ b + ~ State of California dW ~ County of Los Angeles ss: U.S. SPECIALTY INSURANCE COMPANY By Adam S. Pessin, Vice President On this 2nd day of January, 2008, before me, Deborah Reese, a notary public, personally appeared Adam S. Pessin, Vice President of U.S. Specialty Insurance Company, who proved to me on the basis of satisfactory evidence to be the person(s) who?e 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 Stag; of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. pE60RA4i REESE~ ~ / Gommtsston ~ 1724211 Si ature - „~11rJ1 ~j` ~/1 ~ r~..r-~-' Seal ~Ory ~'s''~ - C~~~ gn ( ) ~ u» Ar~pt~p CouMY t~hyCertm 6~isnMCr 18,2011 I, Jeannie Kim, Assistant Secretary of U. S. SPECIALTY INSURA[CE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; furthermore, the resolutions of the Board of Directors, set out in the Power of Attome:y are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Los Angeles, California this2 2nd day of December ,2008, Corporate Seal peck r J T ~Z y = L~ 7 b. `~, C' ~~?~ Bond No. 1000780133 Jeannie Kim, Corporate Secretary Agency No. 2295 POAl11A01/08 r~ iLliche%ffi ~ Associates Insurance Services • Risk Mana~3ement • Employee Benefits To Whom It May Concern: The current policy for Pacific Water Art, Inc. does not include a Per Project Aggregate. We have tried diligently to obtain this endorsement, but it is not available. Because of this, a Commercial Umbrella policy was put into place with a $5,000,000 in coverage, should such a sizable occurrence take place. Please accept the current certificate of insurance as stated, based on this information. Should you have any questions regarding this matter, please do not hesitate to call our office at anytime. We will gladly review the current policy coverage's and limits to ensure you that all possible steps have been taken to indemnify your company adequately. Sincerely, Micheletti & Associates ~~~ James LeDeau Account Manager 408-516-2925 Direct 408-297-4949 Fax 99 Almaden Boulevard Suite 800 San Jose, California 95113 (408) 292-4900 FAX (408) 297-4949 www.Michelettilns.com Lic#.0269629 PACIWAT-01 PACY ACORDTM CERTIFICATE OF LIABILII"Y INSURANCE D 12/15/2008Y) PRODUCER (408) 292-4900 Micheletti & Associates 99 Almaden Boulevard, Suite 800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Jose, CA 95113 INSURERS AFFORDING COVERAGE NAIC # INSURED Pacific Water Art, Inc. INSURER A: Travelers Property Casualty Insurance C 1244 Birchwood Drive IIJSURER B: Redwood Fire & Casualty Insurance Com Sunnyvale, CA 94089-2205 IIJSURER C: IIJSURER D: IIJSURER E: R(1VFRA(;FR 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREI V IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIPAS. INSR LTR DD'L N RD TYPE FIN RANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/ POLICY EXPIRATION DATE MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 ~~~~~~~~ A X X COMMERCIAL GENERAL LIABILITY 680-755Y3181-TIL-08 41112008 411/2009 PREMISES Eaoccurence $ 300~~~~ CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 5~00~ X Wrap-Up Exclusion PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,~00,00~ X POLICY PE ~ LOC A AUT X OMOBILE LIABILITY ANY AUTO BA-690Y8202-08 1/1/2008 4/112009 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X X HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ $5,~~~,000 A X OCCUR ~ CLAIMS MADE CUP-4007W98A 4/1/2008 4/112009 AGGREGATE $ $5~000,~00 DEDUCTIBLE $ X RETENTION $ $10,000 $ WORKERS COMPENSATION AND X ORY LIMITS OER B EMPLOYERS' LIABILITY 4404006279-081 4/1/2008 4/1/2009 E.L. EACH ACCIDENT $ 1+00~~0~~ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED9 E.L. DISEASE - EA EMPLOYE 1 0~0 000 $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT 1,000,UUU $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS See attached page. GtK I Ii IGA I t F1ULUtK City of Cupertino 10300 Torre Avenue Cupertino, CA 95014- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE _ _ ~---__~__ ACORD 25 (2001108) PACIWAT-01 PACY IMPOR"CANT If the certificate holder is an ADDITIONAL INSURED, tf'ie policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificatE~ holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this `orm does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) PACIWAT-01 PACY PAGE 1 OF 1 DESCRIPTION OF OPERATIONS - Pacific Water Art, Inc. 1244 Birchwood Drive Sunnyvale, CA 94089-2205 ~~ity of Cupertino 10300 Torre Avenue ~~upertino, CA 95014- n day notice of cancellation for non-payment of premium. ~rker's Compensation: 10 day notice to Insured of cancellation for non-payment of premium/non-reporting of payroll. RE: Civic Center Fountain Upgrade The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and its' public agencies from whom permits will be obtained and their directors, officers, engineers, a~~ents and employees, and the State of California, and its officers, agents and employees, are hereby named additional insured per form CG D2 48 08 O5, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. Such insurance shall be primary and non-contributory to any other insurance. Waiver of Subrogation applies per form WC 99 03 06. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the 1`ollowing: COMMERCIAL GENERAL LIABILITY COVERAG'c PART 1. WHO IS AN INSURED - (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as.an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard". a) Only with respect to liability for 'bodily injury , ' 3. The insurance provided to the additional insured injury"; and "property damage" or "personal by this endorsement is excess over any valid and and only to the extent that, the injury or b) If collectible "other insurance", whether primary, , damage is caused by acts or omissions of excess, contingent or on any other basis, that is you or your subcontractor in the performance available to the additional insured for a loss we „ of your work" to which the written contract cover under this endorsement. However, if the ' " requiring insurance" applies. The person or specifically written contract requiring insurance organization does not qualify as an additional requires that this insurance apply on a primary insured with respect to the independent acts basis or a primary and non-contributory basis, " " or omissions of such person or organization. other insurance this insurance is primary to available to the additional insured which covers 2. The insurance provided to the additional insured that person or organization as a named insured by this endorsement is limited as follows: for such loss, and we will not share with that a) In the event that the Limits of Insurance of "other insurance". But the insurance provided to this Coverage Part shown in the Declarations the additional insured by this endorsement still is " ,~= exceed the limits of liability required by the other in- excess over any valid and collectible "written contract requiring insurance", the in- surance ,whether primary, excess, contingent or _ surance provided to the additional insured ^ on an other basis, that is available to the addi- Y _ m shall be limited to the limits of liability re- tional insured when that person or organization is °- quired by that "written contract requiring in- an additional insured under such "other insur- °- surance". This endorsement shall not in- ante . °= crease the limits of insurance described in 4. As a condition of coverage provided to the ~- Section III -Limits Of Insurance. additional insured by this endorsement: a° b) The insurance provided to the additional in- a) The additional insured must give us written ~•= sured does not apply to "bodily injury", "prop- notice as soon as practicable of an "occur- o~ erty damage" or "personal injury" arising out rence" or an offense which may result in a „r=- of the rendering of, or failure to render, any claim. To the extent possible, such notice °~ professional architectural, engineering or sur- should include: n= veying services, including: i. How, when and where the "occurrence" °= i. The preparing, approving, or failing to or offense took place; °_ prepare or approve, maps, shop draw- ii. The names and addresses of any injured ings, opinions, reports, surveys, field or- ~ persons and witnesses; and - ders or change orders, or the preparing, m= approving, or failing to prepare or ap- iii. The nature and location of any injury or prove, drawings and specifications; and - damage arising out of the "occurrence" or _ ii. Supervisory, inspection, architectural or offense. engineering activities. ooB,6, CG D2 48 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional .insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. -DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D2 48 08 OS Project No. 2008-9421 DOCUMENT 00630 GUAF:ANTY TO THE CITY OF CUPERTINO; a Municipal Corporation of the State of California ("City"), for construction of CIVIC CENTER FOUNTAIN UPGRADE CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither fmal payment nor use or occupancy of the Work pe:rfonned by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and. replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside tL.e correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense:, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Ag-eement shall have the meanings set forth in the Contract Documents, including, without means of limitation, Section Ci0700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsist ncy or conflict shall b~ resolved in favor of the higher level of obligation of the ctor`. n ontractor'sName Dirk Roh o -President Pacific Water Art, Inc 1244 Birchwood Drive Address Sunnyvale, CA 94089 City/State/Zip Date END OF DOCUMENT City of Cupertino OOE30 - 1 Guaranty Sports Center Fountain Upgrade OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • C:UPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 CUPERTINO January 27, 2009 Pacific Water Art, Inc. 1244 Birchwood Drive Sunnyvale, CA 94086 To Whom It May Concern: WEBSITE: www.cupertino.org Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino. If you have any questions or need additional information, please contact the Public Works department at (408) 777-3354. Sincerely, CITY CLERK' S OFFICE Enclosure CUPERTINO January 27, 2009 Pacific Water Art, Inc 1244 Birchwood Drive Sunnyvale, CA 94089 BID AWARD -Civic Center Fountain Upgra~Ie PROJECT N0.2008-9421 City Ha11 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK This letter confirms that at the regular Cupertino City Council meeting of December 16t1i, 2008, your company's bid for the above-stated project ~~vas accepted. If you have any questions or need additional information, please contact the Public Works Department at (408) 777-3354. Your bid bond and financial statements are enclosed. Sincerely, ~~u ~' Ju is Kinst City Clerk's Office DOCU14ENT: 20726115 Pages: 3 Fees.... No Fees RECORDING REQUESTED BY Taxes. . . Copies.. City of Cupertino _ AMT PAID WHEN RECORDED MAIL TO PEG INA ALCOMENDRAS RDE # 007 SANTA CLARA COUNTY RECORDER 5/28/2010 Recorded at the request of 11 05 AM City Clerk's Office City City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 -3255 (iPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE INACCORDANCE WITH GOY. CODE 27383 CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION CIVIC CENTER FOUNTAIN UPGRADE PROJECT NO. 2008-9421 Original 0 For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014 -3255 (408) 777 -3354 CUPERTINO PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION Civic Center Fountain Upgrade Project No., 2008 -9421 NOTICE IS HEREBY GIVEN THAT 1, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements in hereinafter described in the contract which was entered into, by, and between the City of Cupertino and Pacific Water Art, Inc., December 23, 2009, in accordance with the plans and specifications for said work, have been completed to the City's satisfaction and acceptance of completion was ordered on May 18, 2010. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. ` - -2�, C Director of Public Works and City Engineer of the City of Cupertino Date: May 20, 2010 "NO FEE" VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 27 day of May 2010 at Cupertino, California. Julie City Cl NA, City 0 Cu �1