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04-098 Blue Pheasant Re-RoofingRECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO '~IIIIIIIIIII IlilllllU911111'~II III Pages 3 Fees.... ~ No Fees Taxes... Copies.. AMT PAID BRENDA DAM S SANTA CLARA COUNTY RECORDER Recorded at the request of County Agency City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 RDE # 012/10; 12/01/2004 137 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE INACCORDANCE WITH GOV. CODE 6103 CERTIFICATE O.F COMPLETION ~~ ~~~ ArfD NOTICE OF ACCEPTAPICE OF COMPLETION BLUE PHEASANT RE-ROOFING PROJECT 1`10.2004-04 Original O For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION ANI~ NOTICE OF ACCEPTANCE OF COMPLETION BLUE PHEASANT' RE-ROOFING PROJECT N0.2004-04 NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, Cz~lifornia, 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 Best Roofing and Waterproofing, Inc. on September 2, 2004, in accordance with the plans and specifications :For said work, have been completed to my satisfaction and acceptance of completion was ordered on November 18, 2004. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all pis more particularly described in the plans and specifications for said project. ~. u u Director of Public Works and City Engineer of the City of Cupertino Date: November 18, 2004 Printed on Rec~~cled Paper 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 thf; laws of the State of California, that the foregoing is true and correct. Executed on the 23rd day of November, 2001 at Cupertino, California. Administrative Clerk City of Cupertino Project No.2004-04 DOCUMEI; T 00520 AGREEMENT nd THIS AGREEMENT, dated this ? day of ' , 2004, b~~ and between Best Roofing and Waterproofing Inc. whose place of business is located at 29300 Pacific Street, Hayward, ACA 94544 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City")acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City on the 24 th day of August, 2004 awarded to Contractor the following Project: PROJECT NUMBER 2004 - 04 BLUE PHEASANT RESTAUI~ANT RE-ROOF PROJECT follows: NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Terry W. Greene AIA, 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) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any tune with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor oblil;ations to City, including without limitation, all releases and indemnities. 2.2 City has designated Terry W. Greene AIA, City Architect, to act as Construction Manager. City may assign all or part of the City Representative's rights, responsibilitie:~ and duties to Construction Manager. City may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.3 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 1030 Torre Avenue, Cupertino, California 95014 or to ;;uch other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. Contractor shall commence Work on the date establishe~3 in the Notice to Proceed. City reserves the right to modify or alter the Commencement Date of the Work. Contractor shall achieve Final Completion by October 12, 2004 (including unit price items) as provided in Document 00700 (General Conditions). City of Cupertino Blue Pheasant Restaurant Re-Roof Project 00520 - 1 Agreement Project No.2004-04 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence in this Agreement and that City will suffer fmancial loss in the form of Contract administration expenses (such as Project management and consultant expenses), if all or 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 Article 15 of Document 00700 (General Condifions), 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 cornpl~tion 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 $2,000 for each Day that expires after the time specified herein for Contractor to achieve Final Completion on October 12, 2004 of the entire Work, until achieved. 3.2.2 Twenty Five Thousand ($25,000) for each Keay Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. 3.2.3 Forty Five Thousand ($45,000) for Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor fails to demonstrate to City's satisfaction is beyond ~~ontractor's control. These measures of liquidated damages for shall apply cumulatively and except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum of Seventy Four Thousand Five Hundred Dollars and No Cents ($74,500.00) for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: BASE BID $ 74,500.00 Article 5. Contractor's Representations In order to induce City to enter into this Agreement, 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, tt;chniques, 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 rep~~rts, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these City of Cupertino Blue Pheasant Restaurant Re-Roof Project 00520 - 2 Agreement Project No.2004-04 Documents and Document 00700 (General Conditions 1 of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, Underground Facilities and all other physical conditions at or contiguous to the Site or otherwise that may affect: the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); rind no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms an~i conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of a]1 conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents an~i as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is aa;eptable to Contractor. 5.6 Contractor is duly organized, existing and in good st;rnding under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Agreement, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, agreement, order or decree binding on Contractor. 5.8 Contractor has listed the following Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq.: See attachment marked "EXHIBIT A" Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00510 Notice of Award Document 00520 Agreement Document 00530 Insurance 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 Ariy and All Claims Document 00660 Substitution Request Form Document 00670 Escrow Bid Documents Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Specifications City of Cupertino Division 1 General Requirements dated 4/07/04 sections 01100, 01200, 01250, 01315, 01320, 01330, 01350, 01410, 01411, 01420, 01455, 01500, 01540, 10600, 01770, 01780 Technical Provisions Asbestos Reports - No. 1 &2 Diagrams - No. 1 thru 8 City of Cupertino Blue Pheasant Restaurant Re-Roof Project 00520.3 Agreement Project No.2004-04 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Article 7. Miscellaneous 7.1 Terms used in this Agreement are defined in Document 00700 (General Conditions) and Section 01420 (References and Definitions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wag~;s 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, and shall be made available to any interested party on request. Pursuant to Section 1861 of'the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Agreement o:r any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declarf;d invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and ;hall 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 Agreement and the Contract: Documents may be deemed valid and binding agreements, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provi~;ion is deemed included in that portion). 7.8 This Agreement 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, established under the California Government Code, Title 1, Division 3.6, Part 3, and Chapter 5. City of Cupertino Blue Pheasant Restaurant Re-Roof Project 00520 - 4 Agreement Project No.2004-04 BLUE PRHEASANT RESTAURANT RE-ROOR PROJECT -PROJECT NO.2004-04 IN WITNESS WHEREOF the parties have executed this Agreement in triplicate the day and year first above written. CITY OF CUPERTINO CONTRACTOR: Best Roofing and Waterproofing Inc. CITY OF CUPERTINO, a Municipal Corporation of the State of California Attest: ted: ~ • Z ~ ~ D '~ David W. Knapp, City Manager the ity of Cupertino, a Municipal Corporation of the State of California Contract s name B y, -~ _~:~ 4, [Signature] rry~j i taha Taha_z_a_r3eh [Please print name here] Tit [If By S~-T~., ~ao~, [Please print name here] Title: CEO [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] 4 State Contractor s L~icens~ o. lassification M~ 31, 2004 ~~ 37g1as~ Expiration Date Taxpayer ID No. Designated Representative: Name: Terry Greene, AIA Name: /~UN~}/`-f/~/i~ ~ ~~~/~~ Title: Senior Architect Title: Address: 10300 Torre Avenue, Cupertino, CA 95014 Address: ay~~ ~~~~~~` ~. Phone: 408-777-3354 Phone: ~/S/L~) ~~'~' ' j~, (1 Facsimile: 408-777-3333 Facsimile: / `5~~~> ~~~D ~-~'L~- PROJECT NAME: BLUE PHEASANT RESTAURANT RE-ROOF PROJECT NOTARY ACKNOLEDGMENT IS REQUIRED. IF A PROJECT NO. 2004-04 CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDGEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQU[RED CONTRACT AMOUNT:$ 74,500.00 ACCOUNT NUMBER: 420-9227-9300 END OF DOCUMENT City of Cupertino Blue Pheasant Restaurant Re-Roof Project 00520 - 5 Agreement I hereby certify under penalty of perjury that David W. Knapp of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles ~ ~ .~~~, before me Monica Handsome, Notary Public On Date Name and Title oT Officer (e.g., 'Jane Doe, Notary Public") personally appeared Mo j itaba Tabazadeh , Name(s) of Signer(s) ,personally known to me ^ proved to me on the basis of satisfactory t:vidence . ~ 1:o be the person whose name(p is/'~ fv1vNICA HAND~UME SUbSCr'Ibed t0 the within instrument and "' Commission # 1470203 ;acknowledged to me that he%YrWNS~ executed a ~ Notary Public -California ~ ,the same in hisfi~ authorized ~ ' r` ~ ; n Los Angeles County ,~a acit and that b hist~le~i~r ' o My Comm. Expires Mar 11, Zoos ,signature n the instrument he person>,( or 'the entity upon behalf of which the person(' .acted, executed the instrument. WITNESS my han nd o I seal. Place Notary Seal Above ~ Signature oT Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator Capacity(ies) Claimed by'Signer Signer's Name: ^ Individual ^ Corporate Officer - Tdle(s): ^ Other: Signer Is Representing: Number of Pages: Top of thumb here ®1999 Natiorwl Notary Assodafwn • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-1402 • www.natlornlnotary.org Prod. No. 5907 Reorder. Call Tdl-Free 1-900.976-6827 Project No. 2004-04 DOCUMENT 00400 - A BID FORM CITY OF CUPERT'INO EXHIBIT A BLUE PHEASANT RESTAURANT' RE-ROOF PROTECT PROJECT No. 2004-04 Office of the City Clerk City of Cupertino, City Hall 10300 Torre Avenue, Cupertino, CA 95014 To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders), paragraph 1. TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUP'ERTINO THIS BID IS SUBMITTED BY: ~~ST ~ob~~-~6 ~1.11~ U~~T~R~'~-ob~~lt~~ (NG. (Firm/Company Name) Re: PROJECT NUMBER 2004-04, BLUE PHEASANT REESTAURANT RE-ROOF PROJECT The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Agreement), to perform and furnish 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 as non-responsive. 2. Bidder accepts all of the terms and conditions of the 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. In submitting this Bid, Bidder represents: (a) Bidder has examined all of the Contract Documents rind the following Addenda (receipt of all of which is hereby acknowledged). Addendum No. Addendum Date tore of Bidder ..............__ ~...__...._........_.._..~.....__._$_.a.'~.._~..v~_.._..._.__~.._............._...__..._................_.... ..._ .............._.......__.............._.._...s...._._._...._..__.__._____...._...........__...>..._......_....__....._..._........._ 2 ~ ~°I7 ~© ......................................................d................. .............. ...... ~................6....«........................................................... ..... ................-........ ..__........3.........._...._ ..............._....._.~'.....~ ~'......_y.c~......._............................._............_.. __ ......_...................__ ~- ~ - i~ _4-,~, .f ...... City of Cupertino 00400A - 1 Bid Form Blue Pheasant Restaurant Re-Roof Project Project No. 2004-04 (EXHIBIT A (b) Bidder has visited the Site and performed all task:,, research, investigation, reviews, examinations, and analysis and given notices, regarding the Project and the Site, as set forth in Document 00520 (Agreement), Article 5. (c) Bidder has received and examined copies of the following technical specifications on City-provided, Contractor-installed equipment. (N/A) (d) Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 4. Based on the foregoing, Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the following stuns of money listed in the following Schedule of Bid Prices: SCHEDULE OF BID PRICES All Bid items, including lump sums and unit prices, must be fi;~led in completely. Bid items are described in Section 01100 (Summary of Work). Quote in figures only, unless words are specifically requested. Est.Qty. Item Unit 1. 1 L.S 1. S.F. 2. EACH 3. EACH Item BASE BID Remove and Install new Roof as Specified Per L.S. UNIT COST: Deck Replacement Where Required by City Per S.F. Leader Replacement Where Required by City Per EACH Install Walk Pads 3' x 5' x 1/2" Where Required by City Per EACH Unit Price Total '~ ~ v~~ $ ~~. ~~~' /S.F. $ o°o~R cO /EACH Low Bidder will be determined base on the BASE BID on]'.y. No additional time will be permitted for work on the iJNIT COST items. City of Cupertino Blue Pheasant Restaurant Re-Roof Project 00400A - 2 Bid Form Project No. 2004-04 ~~ 5. Subcontractors for work included in all Bid items aze listed on the attached Document 00430 (Subcontractors 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 reff;rred to as Notice of Awazd, is mailed or delivered to the undersigned Bidder within the time described in pazagrsiph 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 sF~ecified therein. These documents include, but are not limited to, Document 00520 (Agreement), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond). 8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below. 9. 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 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 items 1 through 15 and made payable to the "City ~~f Cupertino". 10. 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 (Agreement). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further 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 required to cooperate with such other work in accordance with the requirements of the Contract Documents. 11. The undersigned Bidder agrees that, in accordance with Docwnent 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the tine specified in Docwnent 00520 (Agreement) shall be as set forth in Document 00520 (Agreement). 12. Bidder Agrees that if awarded the job will complete the proposed work within the following time frames from the commencement date as outlined more specifically in Docume~it 00520(Agreement): Contractor shall achieve Final Completion of all work on site by no later than October 12, 2004. The anticipated Notice to Proceed issuance date is September 13, 2004. City of Cupertino Blue Pheasant Restaurant Re-Roof Project 00400A - 3 Bid Form • Project No. 2004-04 EXHIBITA 13. The names of all persons interested in the foregoing Bid as principals are: (IMPORTANT NOTICE: If Bidder or other interested person is a corporation, give the legal name of corporation, state where incorporated, and names of president and secretary thereof; if a partnership, give name of the fum and names of all individual co-partners composing the firm; if Bidder or other interested person is an individual, give first and last names in full). NAME OF BIDDER: PAST ~~~1NI~ "~ ~`~T~Rp~'~~ 1`k' ~NG- licensed in accordance with an act for the registration of Contractors, and with license number. ~ Expiration: ~I1oNA 3 ~ . 2 bd~ G,Q Where incorporated, if applicable • VldhAml~vlq Principals I certify (or declare) under penalty of perjury under the laws of the State of correct. ,~ ~ R~-g~ r Gam. M~ that the foregoing is true and NOTE: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If F4idder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. Business Address: Officers authorized to sign contracts: 29~oc a~, 'L S}. ~..~ar G 5 ~~r~~~~.gJA~.~',t~ Telephone Number(s): Fax Number(s): Date of Bid: ~lb ' ~ S 6 '1Z~b Sl o _ S Slo - 7 3 22 ~1uq. ~ ~' 12bo~ -~ ATTENDANCE OF MANDATORY PRE-BID CONFERENCE: ~ YES OR END OF DOCUME[JT City of Cupertino Blue Pheasant Restaurant Re-Roof Project 00400A - 4 NO Bid Form • Project No.2004-04 DOCUMENT 0041 ~ A ~JCHIBIT A SUBCONTRACTORS LIST Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract. Full Name of Subcontractor Description of Subcontractor's Work Subcontractor's Licen:~e Number Subcontractor's Mailing Address Subcontractor's Phone Number .Sc~' ~~'S-~ ~~-~-~ ~N ~1 ~S~s~as ~~a ~ 515 G 5 co r ~2~ IrJ~-„~ ~ . sue, '.~J~a s ~~ 510 - 3S2 -S (Bidder to attach additional sheets if necessary) END OF DOCUME]T City Of Cupertino Blue Pheasant Restaurant Re-Roof Project 00410 A- 1 Subcontractors List Project No. 2004-04 DOCUMENT 00420 A ~XHIBlT A NON-COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE §7106 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ss. COUNTY OF ) ~0 A ,/I/~ h~• / being first duly worn, deposy~ an.~s s he or she is [Office of Affiant] of ~~~~~~~q.(~i ~~i~/~'~'~a~ [Name of Bidder], the arty making the foreg mg Bid, that the Bid is not 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 agreement, 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 depository, or to any member or agent thereof to effectuate a collusive or sham Bid. Executed under penalty of perjury under the laws of the St~a+te of California: ~~,, (Name of Bidder) (Signature of Subscribed and sworn before me ,L~-ems- ~ ~ N-~ ~ 4~ t.~cc~~ This 2_3 day of ,q-ttA-(,w ,{- , 20 ®~'1 SATISH J. PATEL Commission # 1480675 Notary Public of the State of ~~~, ~ 1V - ~ ~ , -i Notary PubBc - Califomla In and for the County of ,4 t_ A-~ C-~~ ~ Abmedo County My Commission expires A-P 21 t_- t mss- Zp,:o ~ (Seal) tVlyComm. ExplresApr 18, 2008 (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 partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice President and b~~ the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.) (If Bidder's affidavit on this form is made outside the State o F California, the official position of the person taking such affidavit shall be certified according to law.) END OF DOCUMENT' City of Cupertino Blue Pheasant Restaurant Re-Roof Project 00420 A-1 Non-Collusion Affidavit Project No.2004-04 DOCUMENT 0044G A `~' INDEMNITY AND RELEASE AGREEMENT Dated - 2 2~D POTENTIAL BIDDER: S T ~~~ ~ ~ b ~ RTE=~ P R~ ~` ~ ~ 1 N G , CITY: THE CITY OF CUPERTINO SITE: 22100 Stevens Creek Blvd., CUPERTII~~O, CA 95014 PROJECT: BLUE PHEASANT RESTAURANT RI ROOF PROJECT In consideration of the above-referenced City's permitting the undersigned potential bidder ("Bidder") to have access to, and to conduct investigations, tests and/or inspections on„ the Site, Bidder hereby agrees as follows: To the greatest extent permitted by law, Bidder .hereby releases, and shall defend, indemnify and hold harmless City; and its officers, emplo}~ees, consultants (including without limitation Consulting Engineer), representatives, and agent`., and all other parties having any other interest in the Site, against any claim or liability, including; attorney's fees, arising from or relating to any Site-related access, investigation, test, inspection and/or other activity conducted by Bidder or any of Bidder's officers, employees, consultants, representatives, and/or agents, regardless of whether claim or liability is caused in part by the negligence of City or by any released and indemnified P~Y~ 2. Bidder hereby waives the provisions of California Civil Code Section 1542 which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of f~xecuting the release, which if known by him, must have materially affected his settlement with the debtor. Bidder shall repair any damage to the Site or adj~icent property resulting from activities authorized hereunder, and comply with and be subject to all other requirements and obligations described or referenced in Document 00320 (Geotechnical Data and Existing Conditions). Attached hereto (or to be delivered comprehensive general liability ,i (General Conditions). r Although this Indemnity and 00520 [Agreement]), it shall b Bid for the subject Project, is ~ I~ST ~2a~1a6'& bf;fore Bidder's visit to satisfying the requiren Site) is a certificate for of Document 00700 eemc:nt is not a ctive acid binding re a contract for the Proj~ gy, anaw,vrp _ i 9~ By: Signature , ~ Its: ~°--vt. ~'n Y' Its: Title (If Corporation. C airman, President or Vice President) City of Cupertino 00440 A Blue Pheasant Restaurant Re-Roof Project Document (see Document f whether Bidder submits a Title (If Corporation: Secretary, Assistant Secretary, Chief Financial Officer or Assistant Treasurer) Indemnity and Release Agreement Project No. 2004-04 DOCUMEI\fT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS -SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contr~~ctor. 2. Certificate of Insurance to the City of Cupe;rtino -must be completed by the insurance agent or must provide a certificate on the contpany's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signed by the insurance agent for general liability anal automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the insurance agent for worker's compensation only. City of Cupertino 00530 - 1 Insurance Forms Blue Pheasant Restaurant Re-Roof Project Project No. 2004-04 ~,~ . CIP GF CUPEI~TINO INSURANCE AGREIi:MENT A. Contractor is aware of the provisions of S~;ction 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of th;it Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officer~~, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a, certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by thc; Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds oIi said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is acceptable to the City of Cupertino. D. Before Contractor performs any work at, cr prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the ~~rovisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract., the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is acceptable to the City of Cupertino. Worker's Compensation & Employers' Liability LIMITS In accordance with the Worker's Compensation Act of the State of California -Worker's comp - "statutory" per CA Law; Employers' Liability - $1,000,~000 per occurrence. City of Cupertino 00530 - 2 Insurance Forms Blue Pheasant Restaurant Re-Roof Project Project No. 2004-04 General Liability -commercial general liability; Combined single limit of $1.0 million per including provisions for contractual liability, occurrence; $2.0 million in the aggregate. personal injury, independent contractors and products -completed operations hazard. Automobile Liability -comprehensive covering Combined single limit of $1.0 million per owned, non-owned and hired automobiles. occurrence. Best Roofing & Waterproofing, Inc. (Contractor's Name) B i~~~-~ ''`~- Y _s.~ Mojitaba Tabazad es. Dated:~~uqust 27, 2004 City of Cupertino 00530 - 3 Insurance Forms Blue Pheasant Restaurant Re-Roof Project ACORDTM CERTIFICATE OF LIABILITY INSURANCE 12/ot/ZOO4 08/30/2004) PRODUCER Lockton Insurance Brokers, Inc. 725 S. Figueroa Street, 35th FI. CA License #0714705 TIiIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I T R V E P IC W. Los Angeles CA 90017 (213) 689-0065 INSURERS AFFORDING COVERAGE INSURED Best Roofin and Water roofin Inc INSJRERA: COntlneRtal CaSU2I Com an g p g, . 1026952 19027 S. Hamilton Ave INSURER e : National Union Fire Ins. Co. of PA Gardena CA 90248 IN RER :American Casual Co. of PA CovERAGES BESRO01 N3 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000 000 A X COMMERCIAL GENERAL LIABILITY GL249220505 12/01 /2003 12/01/2004 FIRE DAMAGE An one fire $ 1 000 000 CLAIMS MADE a OCCUR MED EXP An one arson $ Excluded X contractual PERSONAL 8 ADV INJURY $ 1 000 000 X Property Damage GENERAL AGGREGATE $ 2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 000 000 POLICY X JECOT LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO BUA2049220486 12/01/2003 12/01/2004 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ XXXXXXX SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ XXXXXXX X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ XXXXXXX (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE EA ACC OTHER THAN $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 B X OCCUR ~ CLAIMS MADE BE2195600 12/01/2003 12/01/2004 AGGREGATE $ 5 000 000 UMBRELLA $ XXXXXXX a DEDUCTIBLE FORK }~}{}(}{}{}~}{. RETENTION $ $ }{}{,Y~{}(}{}{ C WORKERS COMPENSATION AND WC249220763 12/01/2003 (2/0]/2004 ~{ WC STATU- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1 000 000 E.L. DISEASE - EA EMPLOYEE $ 1 000 000 E.L. DISEASE -POLICY LIMIT $ 1 000 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPE(:IAL PROVISIONS ' 10 day notice of cancellation for non-payment of premium. RE: Blue Pheasant Restaurant Re-roofing; Project k2004-04. The City of Cupertino and its directors, officers, engineers, agents and employees and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees are included as Additional Insureds under the General Liability, but solely as respects operations of the Named Insured. Per project aggregate limit applies. Waiver of Subrogation as respects Workers Compensation applies. 2097697 SH~~ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cupertino DAiE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 10300 Torre Avenue Cupertino CA 95014 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 RE.°RESEN7ATIVES. AUTHORIZED REPRESENTATIVE ~~~ ACORD 25-S (7/97) For quastiona npardia0 this prtificatl, eondet th• number liabd in tM'Protluear' taotion above and spwify the pliant toda'BES 001'. ®A"C:ORD CORPORATION 19RR D8-27-'©4.1:19 FROM-BEST ROOFING & ~1ATER c310-328-9176 f.;.; T-730 P004f009 U-080 Project No. 2004-04 CUPEI~TINO CERTIFICATE OF INSURANCE TO TIY~E CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies. have been issued to the insured named below and are in force at this time. Insured: Best Roofing & Waterproof; r~~~ Tnc. Address: -.;19.Q 2 7 S .Hamilton Ave . ~- - -; 4% ;; _ WORKER'S COMPENSATION * Statutory Min. i~~, . ~ . .. * Employer':; A[a~r:ican` Casualty Co. of P~-;ability (name of insurer) $1,000,000 $1,000,000 $1,000,000 ~i. Insurance Company's State License No. Check Polcyfiype: COM~RE]FTENSIVE GENERAL I.IA~)1LITY __.,. [ x],' Premises/Operations _ .':~,. [ ~]~_,q.~uners & Contractors Protective [ ] ` ,Contractual for Specific Contiact r x] 1roducts Liability .- [ X]', XC~U Hazards [ ] ~:Broad.Eom P.D. [ X] „~Severability of Interest Clause . ~ :. . Each Occurrence $L, 000, 000 .:_ r iiK ~ .i General Aggregate (if applicable) Aggregate Personal Injury -$2, 000, 000 -_» ~: $1 000,000 Fire ]damage (any one fue) -:;$1 , 0 0 0 , 0 0 0 [ ],°~Personal Injury with Medical Expense Employee Exclusion Removed (any one person) r or Self-[assured COMIV~E)(tCIAL,GENERAI, LIABILITY Retention f . ` (name o insurer) ';, $Excl. $. policy No: '_ ° GL 2 4 9 2 2 0 5 0 5 Expiration Date 1 2/ 01 / 2 0 0 4 City of Cupertino . 00530 - 4 Tnsuran.e Forms Blue Pheasant RC$taUtanL Re-Roof Project , .'~;>, Description ofoperations/locations/products insurt;d (show contract name and/or number, if any): Q8-2 7 -: ©4 •:10', '19 FF0~9'-BEST. FOOFIhaG & ~I~TEI~ ;. ~t ~ t ~: S: 31~-328-9176 , ~~'T-730 P005?'009 U-08© .~ Project No. ?004-Q4 AUTOlVIQTIVE/VEHICLE LIABILITY Commeicial~ Form Liability Coverage S '~;~ ~, Conbirter~al~ Casulaty ~,.. (name :of insurer) .. ; ~~; , s_:-,. PohcyNo~'~' BUA2Q.49220486 B~~DILY INJURY Each Person $ XXXXXXXX PROPERTY DAMAGE Each.Accident $ ~~ ~ xxxxxxx Each Accident . ; _., $ or Y t,~, Combined Single Limit $ `" $1 , 0 0 0 , 0 0 0 Expiration D ate 1~ %~ 01 / 2 0 0 4. A copy of all Endorsements to the.policy(ies) which iri any way ' '(agent',s initial) limit the above-listed types of coverage are attached to this ~: Certificate of Insurance. i { 1 X77+' ' x r This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage`~afforded by the policies listed herein.. Notwithstanding any requirernent, term, or condition' of any contract or any other document with respect to which this Certificate of Insurance ma~;;:be issued or may pertain, the insurance afforded by the policies described herein is subject to ail.the terms, exclusions and conditions of such po ieies. TT LS HEREBY' CERTIFIED that the above policy(ies) provide liability,msurance as required by the;`Agieement between the City and the insured. ;,. By ' ~~ '~iY~.`~wr~v~-?~o~-.~~ Dated: ~ U 20 ~~ •,~~ _ - Attach Certificate of Insurance and Additional Insured Endorsement on company forms. w,.. ... ~ +.. City of Cupertino ~ 00530 - 5 Insurance Forms 131uc Pheasant Restaurant Rc-Roof Projzu ©8-27-..'.04 10,20 :,; ~. CUPEi~TINO FROM-BEST EOOFING & U~ATEB 31©-328-9176 T-730 P006/009 U-080 Project No. 2004-04 ADDITIONAL INSURED ENDORSEMENT. and ENDORSEMENT OF PRIMARY' INSURANCE. and NOTICE OF POLICY CANCEI,I.ATION ENDORSEMENT .Project Title and Number: gw~ ~-+E.+~s..-1'T ~s'rr.~a+~..r~~; 'PRO~'r~ ~-o~~-°~-1 :.:~: .;. In cgnskderation of the policy premium and notwithstanding any inconsistent: statement in the policy to w~luch;~.this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follow"s~ `J~~:: v,:. ;, The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be ~abtained and their directors, officers, engineers, agents •and employees are hereby declared to be additional insureds undeL the terms of this policy, but. only with respect to the operations of the Contr;3ctor 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. ~~,...;The~insurance afforded by this policy is primary insurance, and no additional insurance held or owned.by the designated additional insureds) shall be called upon to;cover a loss under said additional policyv, ;,, „y ;1;~~~~Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled,' reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been givenr,to the City of Cupertino ("City") ,Such notice shall be addressed to the City as indicated below' z,~'.;.; ,; ~~ . POLI~Y'• INFORMATION 1 ,,Insurance Company: Continental Casualty Company 2. :Insurance, PolicyNumber: GL2 4 9 2 2 0 5 0 ~~ ~~ ~ ~_. 3 , E,~fective Date of this Endorsement: December 01 203_ s~ ~,t. , 4 Insured;; :. Best Roofing and Waterproofing, Inc . ,~ ;,~, <.t . All notices; herein provided to be given by the Insurance Company; to; the City in connection with this policy and these Endorsements, shall be mailed to or delivered to, he City at 10300 Torre Avenue; Cupertino, !California 95014. ';• , ', I `~s~. ~«+ ~ *~o - E~,p.ado (prindtype name) City of Cupertino ~• 00530 - 6 :Insurance Forrr>s Blue Pheasant RestauranE Rc-Roof Project ti~ ! ~.4 ci`.`, , 88 2 7 -~30~, .10 ~,20:. FROM-BEST F300FING ~ UTATEF~ 310-328-9176 T-73~ P007f 009 U-080 -,~ . Project No. 2004-04 warrant, that;~I have authority to bind the below listed Insurance Company and by my signature hereon do sb bind this Company, y,,, ~Q r~.t ~.. ~t,,' ~ .~ ~/~/. Guru Signature of Authorized Representative: ,(original signature required on all Endorsements furnished to the District) Names of h Agent/Agency: 4. oucTC~- ~ ~~' . ~ ~+~ ~s , ~ -~ c . Title: ~cT ~ ~~~~~'r ~ •~~ ;~ Address: ~a5 s • F ~tS.lEQO.o. .sr. ~ 3~i~ F~ . Telephone: a is 689 - a3o 0 V os f.a6E~E6 , Cam. 9~or 7 Facsimile: ~a)'s~ 689 -u5a~} ....,,. i r,: u }:za a L-" ,~ eit~~~ . .w j _. ,1 City~of Cupertino $lue Pheasant Restaurant Re-Roof Project OOS30 - 7 ~_,...: FSOM-BEST 1~00FING & UTATEB 310-328-9176 ,; -i~ T-730 P8©8f0D9 U-080 1?rojzct No. 2004-04 COMPREHENSIVE GIENERAL LIABILITY' "' ,~..~-~ , , COMMERCIAL GEPIERAL LIABILITY • ENDORSEMENT OF AGGREGATE LIMITS OF" ~ INSURANCE PER PROJECT ,~ ~,n, x ;;.; Project Title and Number: .81..JE P+-~~~- €~~TAUa~T~ Ps~c~: ~-,~--o~{- In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto; it is as follows: ~~ ; ~, ~, ThrsYEridorsement'modifies the insurance provid~:rd under the General Liability Coverage part of the belov'~° r°eferenced policy of insurance. f.`~:~ ~. The general' aggregate limit under LIMITS Oly INSURANCE applies;, separately to the project described as ~~~ir POLICY INFORMATION `r :'~~ 1 ~InSUrarice C~~mpany: Continental Casualty Com any ~~~Y 2. Insurance Policy Dumber: GL 2 4 9 2 2 0 5 0 5 ,:,{ I. " :. 3 Effective Date of'this Endorsement: December 01 20Q~_ ~•~~, 4 InSured_~r' ' Best Roofinq and Waterproofing. '~rrc. .r.~ ~,- ,;r . 5. ' • Additional.Insured: Ciry of Cupertino, its directors, officers, agents and employees. All notice§`herein provided to be given by the insurance Company to the;.City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City,at 10300 Torre Avenue; Cupertino; California 95014. ~;: A. aN ~+.norro - E~-AQOO (print/type name) warrant that I have authority to bind the below listed Insurance Company and,by my signature hereon do so bind thlsGompan~!:' Signature of Authonzed Representative: ~~ ~~~~ .(Original signature required on all Endorsements furnished to the District)' +. Names of '~ AgeritfAgency:= t_o~~ero•-~ ~•~•~s. f3cto~c~¢.s , ~~~c • Title: .a.c~T'>~ ~c~~'r~~E- Address:` °' lab s• ~~~SVEQOA ~cT, 3Frr~~± F+..a • Telephone: a~~- 6es~ - ago 0 -' ~- ~ ~ ~ ~ ,,,,,-t ~,E `ES , e e. 900_ ~ --~ Facsimile: ~'i 3 - 6 89 - pSa ~ y~ Y 1 Cit , of Cu ertino 00530 - 8 Insurance Por-ns Rl er'phcas~stif.Restaurant Rc-Roof Project ~ •~' 08-2~; '04'10,'=28 FB0~1-BEST HOOFING & 4~ATEFi 310-328-91?6 ~ T-730 P8D9/889 U-080 `~ ~ Projrct No. 2004-04 CUPE,I~TINO ~, ~,1.: WAIVER OF SY7BROGrATION ENDORSEMENT! TM ~ k '~~~ WORKER'S COMPENSATION INSURANCE ': } z;~~ ,.~ T~roject. Title and Number: fay ~ ~ pt-+£r~sr•~•-.t-r R-~'r~.~ar.r,.t~T ;,. ' f~'R-o.~ ~#a«~~+-o ~ - 5 • f,In,,consideration:of the policy premium and notwithstanding any inconsistent statement in the policy'to'which-this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows i{~M Its agreed that with respect to such insurance as is afforded by the. policy, the Insurance Company waives anyright of subrogation against the City of Cupertino, and each of its directors, officersagents, consultants and employees by reason of any payment made on account of injury, includirg~ death resulting therefrom, sustained by any employee of the uisured, arising out of the performance of the above-referenced Contract. ~<<I'~,' POL)<.E'Y YNFORMATION ~, :: 'k ~: 1 '-lzisurance-Company: American Casualty Co, of PA ,: , 2., ,~; Insuraz}ce Policy Number: WC 2 4 9 2 2 0 7 6 3 ,r 3. Effective Date of this Endorsement: December 01 20~_ ''`` ~ ~ ~~ Best Roofin and Water roofin Inc ~;.. 4. Insured. g P.~ ~ 4 t t-r n~;~ ;~. ~1~11;ngtices herein provided to be given by the Insurance Company to }the City in connection wthf thin Qolicy and this Endorsement, shall be mailed to or delivered to ..,the City at 10300 Torre Avenue;~Cupertino, California 95014. ; , ;' I, .: t;~S~. ~'t-1,~.~'i-! +-.~to-ro - ~-~,~,a-t]~O (print/type name) warrant ~that'Y have<<'authority to bind the below listed Insurance Company and by my signature hereon. do so;bind this Company. Signature. of Authorized Representative: !~'~-~~ ' " (O.riginal ssignature required on all Endorsements fiunished to the Distnct.) ,,,..~; ~' ,'j_: Names of Agent%Agency: ~nc.K-rope -~S. F.~Qotr.~.iaS, +~1~ Title: •~~r ~ ~~E>cEC • 4 ~ f° Address , ~ 735 s' • F~ 4~~w~. f~ rk+ ~~ • Telephone: ~ tg- h89- ado a. ~~ ~..~~t~Es , ~+. 900+ ;! Facsimile: ~ R;3 ~ 689 - o5~~-I. :. ~~ i~~,~_' ~~,~ 't`"~'r City of'Cupcrtirio 00530 - 9 Cnsurance Forms Bluc PHeasant:Restaurant Ro-Roof Project Executed in Three Counterparts DOCUMENT 00610 CONSTRUCTIOl~T p)~l2)FORMANCE BOND Project No. 2004-04 Bond No.: 0386343 Premium $522.00 Final Premium Based on Final Contract Amount THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated August 27, 2004, is in the penal stun of Seventy Four Thousand Five Hundred and No/100 Dollars _ [which is one hundred percent of tha Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms a;ad Conditions, paragraphs 1 through 12, attached to this page. Any singular reference to Best Roofing & Waterproofing, Inc. ("Contractor"), International Fidelity Insurance Company ("Surety"), the Ciry of Cupertino, a Municipal Corporation of the State of California (``City") or other party shall be considered plural where applicable. CONTRACTOR: Best oofing & Waternrnnfing~ Tnr_ Name 29300 Pacific Street Address Hayward. CA 94544 City/Statc/Zip SURETY: International Fidelity Insurance Company Name 1575 Treat Boulevard, Suite 208 Principal Place of Business Walnut Creek. CA 94596 City/StatelGip CONSTRUCTION CONTRACT: BY.,C)~ pI~ASANT RESTA'L:n2ANT RE-ROOF PROECT PROJECT NYJPvIBER 2004-04 At Cupertino, California. bATI?D August 25 , 20 04 in the Amount of $ 74 , 500.00 (the "Penal Sum' Best Roofing & Waterproofing, Inc. International Fidelity Insurance Company CONTRACTOR RINCTPAY. ,SURETY Company: (Co .Seal) Corripany: (Corp. Se Signature• ;iignatttre: Name and Title: Nb~italia T ' Pt~s :Name and Title: ark E . Shrecken as t Attorne in-Fact BOND TERMS Arab CONDITIONS 1. Contractor and Surcry, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Ciry for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Canstruction Conoract, Surety and Contractor shall have no obligation under this Bond. 3. If there is no City DefaWt, Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default undf;r the Construction Contract pursuant to the trans of the Construction Contract; and 32 Ciry has agreed to pay the Balance of the Contr;~ct Sum: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or City of Cupertino Blue Pheasant Restaurant Re-Roof Project 0061 ~l - 1 Construction Performance Bond Project No. 2004-04 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract_ 4. When Ciry bas 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 Ciry, to perform and complete the Construction Contract (but City may withhold consent, in which case the Swet}~ 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, through its agents or through independent contractors; provided, that Swety may not select Contractor as its agent or independent contractor without City's coasent; or 4.3 Undertake to perform and complete the Conshuction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrcnet, to be secured with performance and payment bonds executed by s qualified swety equivalent to thy; bonds issued on the Construction Contract; and, if Surety's obligations defined in paragraph 6, below, exceed the Balance of the Contract Sum, then Surety shall pay to City the amount of such excess; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances,. and, after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full axplsnation of the paymetri:'s calculation. If Ciry accepts Surety's tender under this paragraph 4.4, Ciry may still hold Surety liable for future damages then utilwown or unliquidatcd resulting from the Contractor Default. If Ciry disputes 'the amount of Surety's tender under this paragraph 4.4, City may exercise all remtdies available to it at law to enforce Surety's liability twder paragraph 6, below. Tf Surety does not proceed as provided in paragraph Q'•, above, then Surety shall be dtcmtd to be in default on this Bond ten days after receipt of an additional written n.otict from City to swety demanding that Swoty perform its obligations under this Bond. At all times City shaTf lie entitled to enforce any remedy available to City at law or under the Construction Contract including, withaut limitation, and by way of example only, rights to perform work, protect work, mitigate damages, advance critical work [o tnirigate schedule delay, or coordinate work with other consultants or contractors. Surtry's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with tl>c obligations of Contractor under the Construction Contract. Surety's obligarions shall include, but arc not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Co:ntrset including, but not limited to, all valid and proper backcharges, offsets, payments, indemnities, or ater damages; 6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's fees incurred to enforce this Bond). No right of action shall accrue on this Bond to any pcr:;on or entity other than Ciry or its successors or assigns, City of Cupertino Blue Pheasant Restawant Re-Roof Project 00610 - 2 Construction Performance Bond Project No. 2004-04 Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alterarion, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall releaso or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Communications from City to Surety under paragraphy 3.1 of this Bond shall be deemed to include the necessary agreements under paragraph 3.2 of this Bond unless expressly stated otherwise. 10. All notices to Surety or Contractor shall be mailed or cielivcred (at the address set forth on the signature page of this Bond), and all notices to Ciry shall be mailed or delivered as provided in Document 00520 (Agreement). 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 stahttory or regulatory requirement shall be deemed deleted hcrefrom and provisions conforming to such statutory ~~equiretnent shall be deemed incorporated herein. 12. Definitions. 12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Constnrction Contract after all proper adjusmtents have been made under the Construction Contract, for example, deductions for progress payments made, and inereases/decreases for approved modifications to the Construction Contract. 12.2 Construction Contract. The agreement between., Ciry and Contractor identified on the signature page of this Bond, including all Contract Documents and eh~u~es 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 Ciry, which 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 the eauF,e of the asserted Contractor Default and is suflZCient to justify Contractor termination of the Construction Contract. END OF DOCUMENT City of Cupertino Blue Pheasant Restaurant Re-Roof Project 0061() - 3 Construction Performance Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On Au>;ust 27, 2004 ,before me, Laura L. Hanna, Notary Public, personally appeared Mark E. Shreckengast LAURA L HAAINA ~`~ COMM. # 1452703 m ~.- _ ~ ~,_z~;~ ~.?~~;. NOTAflY PUBl1C, CALIFORNIA ; "' ` ~'~• a LAS ANGELES tbUN"fY '~ My Comm. Expires Nor. 23, 2007 _ +~ Personally known t~~ me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entit~~ upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. of Notary Public Place Notary Seal Above Optional Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of 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 Signer's Name: Individual Corporate Officer - Title(s): Partner- Limited General X Attorney-in-Fact Trustee Guardian Other: Number of Pages Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWVLEDGMENT State of California } ss. County of Los Angeles ) before me, On f~ ~~ C11 Monica Handsome, Notary Public , " to ) Name and 71tle of OKicer (e.g-. "Jane Doe, Notary PubNc personally appeared Mojitaba Tabazadeh , Name(s) of Sign=er(s) ~~personally known to me proved to me on the basis of satisfactory evidence to be the person whose named is/'~ a=,...~.- subscribed to the within instrument and _ M tJ~c.;A NANL~SOPIIE ~~cknowledged to me that hehi~~iYis~ executed `"°'~ Commission # 1470203 Z California "~ •• q~ lic - the same in hisil~- authorized ., Notary Pub Q ~~ ,~:, les County c;apacity~, and that by hisfA~~r p z : ~'~ Los Ange ~`~ es Mar t t , 2o~s 7r' T signature~on the instrument the persons or y r Ex '~~r•- Mycomm. p the entity upon behalf of which the person( acted, executed the ins#rument. tNITNESS my hand an official deal. r /// / '~ - -- -~ Place Notary Seal Above of ubGc OPTN~NAL Though the information below is not required by law, it may prove valuable to persons retying 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by"Signer Signer's Name: " ^ Individual Top of thlxnb tlele ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ® 1999 Natia>al Notary Assodation •9350 De sob Ave., P.O. Box 2402 • Chalsxrorlh, CA 913132.1112 • vnvw.natiorelrafary.ag Prod. No. 5907 Reader. Cad Tog-Free 1-800-976.6627 Executed in Three Counterparts DOCUMENT 00620 CONSTRUCTION LABOR AND MATERYAL PAYMENT BOND Project No_ 2004-04 Bond No.: 0386343 Premium Included on Performance Bond THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond") is dated August 27, 2004 is in the penal surn of Seventy Four Thousand Five Hundred and No/100 Dollars [oue hundred percent of the Contract Price], and is entered into by and between the parties listed below to Ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 14, attached to this page. Any singulaz reference to Best Roofing & Waterproofing, Inc. ("t:ontrF~ctor"), International Fidelity Insurance Company ("Surety"), the City of gYpertino, a Municipal Corporation of the State of Califomia ("City") or other parry shall be considered plural where applicable. CONTRACTOR: Best Roofing & Waterproofing. Inc. Name 29300 Pacific Street Address Hayward= CA 94544 City/State/Zip SURETY: International Fidelity Insurance Company Name 1575 Treat Boulevard, Suite 208 Principal Place of Business Walnut Creek, CA 94596 City/State/zip CONSTRUCTION CONTRACT: )sY.UE PI]~ASANT 12ESTAU]gANT R)g-ROO)F PROJECT PR0.IECT NUA~IBER 2004-04 at Gtrpartino, California. DATED August 25 ~ 2004 in the Amount of :6 74 , 500.00 (the "Penal Sum") Best Roofing & Waterppr~~oofing, Inc. ]:nternational Fidelity Insurance Company CONTRACTOR AS RINCIPAL :3URBTY Company: Corp. Seal) /} t:ompany: (Corp. 1)~ Signature: '' ~,.._~J/' Signature: Name and Title: Nb~itaf~ T 4 ' _ ~' 1+tame and Tale: Mark Shreckengas t BOND TERMS Ai`(b CONriIT;tONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to t3ry and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, ~vhieh is inwrporated hereuz by reference. 2. With respect to City, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indireetl.y, for alt sums due Clairants; and 2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set forth an the signaturo page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety, and provided there is no Ciry Default. City of Cupertino 0062() - 1 Construction Labor and Material Payment Bond Blue Pheasant Restaurant Re-Roof Project Project No. 2004-04 3. With respect to Claimants, this obligation shall bt null and void if Contractor promptly makes psyment, directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to Worb: or labor performed under the Contract. or for any amounts required to be deducted, withheld, and paid ova to tl~e Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor, then Surety shall pay for the same, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the court. 4. Consistent with the California Mechanic's Lien Law, Civil Code §3082, et seq., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfted all applicable notice rtquirtmtnts. S. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments trade in good faith by Surety 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 of Contractor and Surety under this Bond_ 7. City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant 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 limo, to the Construction Contract or to related subcontracts, purchase ordtrs and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the Ctrrrls of the Construction Contract, or to the Work [o be performed thereunder, or materials or equipment to be furnished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, noel it dots hereby waive any requirement of notice or any such change, extension of time, alteration or addition to th~~ terms of the Construction Contract or to the Work or to the Specifications or any other changes. 9_ Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the Labor or materials, or both, but, per Civil Code §3249, must bt commenced before the expiration of six months after the period in which stop notices may bt 51cd as provided in Civil Code §3184. 10. All notices to Surety ox Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and atl notices to City shall be mailed or delivered as provided in Document 00520 (Agreement). Actual receipt of notice 6y Surety, City or Contractor, howovu accomplished, shall be sufficient compliance as of the date rtceived at the foregoing addresses. 11. This Bond has been furnished to comply with the C~alifomia Mechanic's Lien Law including, but not limited to, Civil Code §§3247, 3248, et seg. 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 ba deemed incorporated herein. The intent is that this Bond sha:il be constroed as a statutory bond and not as a common law bond. 12. 'Upon request by any person or entity appearing to be ~~ potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to bps 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 par diem wages for (1) work of a similar character in the locality in which the Work is performed and (?) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the sti;~ulated rates contained in a schedule that has been ascertained City of Cupertino 00620 - 2 ConstrucCion Labor and Material Payment Bond Blue pheasant Restaurant Re-Roof Project Project No. 2004-04 14. and determined by the Director of the State Dcparrmen,t of Industrial Relations and City to be the general prevailing rate of per diem wages for each craft or type of workman. or mechanic needed to execute this Contract- Contractor shall also cause a copy of this determination of the prc~~ailing rate of per diem wages to be posted at each Site. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §3181. They intent of this Bond shall be to include without lunitetion in the terms "labor, materials or equipment" that. part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Worlc of Crnntraetor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The terra Claimant shall also include the Unemployment Development Dcpartrnent as referred to in Civil Code §3248(b). 14.2 Construction Contract: The agreement between City and Contractor identified oa We signature page of this Bond, including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, prcwided that failure is the cause of the failure of Contractor to pay the Ctairnants and is sufficient to justify termination of the Construction Contract. END OF DC~C1U'MBNT City of Cupertino 00620 - 3 Construction Labor and Material Payment Bond Blue Pheasant Restaurant RaRoof Project CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 27, 2004 ,before me, Laura L. Hanna, Notary Public, personally appeared Mark E. Shreckengast t„s.,~,a,no,,,w~,~ LAURA L, HANNA COMM. # 1452703 ¢ ~-~.-`-- ~~r; NOTAAY PUBLlG, CAllFORNIA ~ j ~~S' *~~ LOS ANGELES COUNTY "~ •~ °~ ~~" My Comm. Expires Nor, 23, 2007 Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entit`~ upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of N Place Notary Seal Above Optional Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of 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 Signer's Name: Individual Corporate Officer - Title(s):_ _Partner- Limited General X Attorney-in-Fact Trustee Guardian Other: Number of Pages Signer is Representing: i~el ~973> 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELIITY INSURANCE COMPANY, a corporation organized and existing laws of the State'of New Iersey, and having its principal office in the City' of Newark, New Jersey, does hereby constitute and appoint MARK E. SHRSCK]isNGAST, JULIE M.« ORMONDROYD .,vs ruigeies. +~+. ~ its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety,, any and all bonds and undertakings, contracts of indemnity and other writings obligatory. m the nature. thereof,. which are or may be allowed, required of permitted by law, statute, rule, re ulation, contract or otherwise, and the execution of such instrument(s) in ,pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all tntents and purposes, as tf the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. "The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is si ned and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day ofgApril, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company. may be affixed to any such power of attorney or, any certificate relating thereto by facsimile, and any such power of attorney or cetificate bearing such facsuntle stgnature:s or facsimile seal shall be valid and btndmg upon the Company and any such power so executed and certified by facsimile signatures and facstmile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. ~E~.ITY /Nf IN TESTIMONY WHEREOF, INTERNATIONAL ]iIDELITY INSURANCE COMPANY has caused this instrument to be ~~ ~/ signed and its corporate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998. OAP ~~l ~~ INTERNATIONAL FIDELITY INSURANCE CO NY c ~' SEAL ``~ ~ r y ~ gpq ~ STATE OF NEW JERSEY ~d' ~,ERS~y ~p County of Essex '~lj~I/ ~ ~~~ Vice-Pr ident On this 31st day of August 1998, before me came the individual who executed th~° preceding instrument, to me ppeersonally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. ~p1R(~G IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, ~ Q.• ~~ at the City of Newark,'New Jersey the day and year first above written. NOTARY ~.,, _ O PU$LLC ~ ~ ~. ~"'~ 'k' y~',tERS~ A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commissiort Expires Nov. 21, 2005 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY'do hereby certify that I have'compared the foregoing-copy of the Power pf Attorneyand affidavit, and the copy of the Section of the By-Laws of said Cc mpany as set forth in saidPower of Attorney, with the.ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the; said originals, and that the said Power of Attorney hasnotbeen revoked and is nowitt futlforce and effect IN TESTIMONY ~~VI-IEREOF, I have hereunto set my hand this 27th day cf AuguSt , 2004 . ~~ Assistant Secretary ce~~FORNIA ALL-PURPOSE ACKNOWyLEDGMENT State of California } ss. County of Los Anoeles ) On ~~ , l ~~ ~ ,before me, Monica Handsome, Notary Public , to Name and Title of Officer (e.g., Jane Dce, Notary Pudic personally appeared Mojitaba Tabazadeh , Name(s) of Sigrtet(s) ,personally known to me C~ proved to me on the basis of satisfactory f:vidence to be the person whose named is/' , ,,,~.~ :subscribed to the within instrument and NAt~D~ME ~jcknowledged to me that hehWlYw~ executed MoeateA # 140203 ~ 1.he same in hisN~fi authorized mission Cotitomia :,` ~ Corn PUbt.1C . rapacity and that by hi it ~4i ~ NOtatY n ales County ooa signature~on the instrument the persons or Q ~~ ~"° 1.osA 9 at 11,2 z ,~~~~~ MYCOtnm EXpiresM l:he entity upon behalf of which the person( ;acted, executed the ins#rument. 'JIIITNESS my hand anc), offi al seal. -, Place Notary Seal Above a Public '-' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on ffie 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by "Signer Signer's Name: ^ Individual Tod of tht,rttb Here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General O Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ®1999 National Notary Association • 9350 t)e Soto Ave., P.O. Box 2402 • Chalawordt, CA 91373.5402 • viwxr.natiafalnolary.org Prod. No. 5907 Reorder. Gall Tog-Free t-eoo-e7e-5rr[~ Project No. 2004-04 DOCUMENT 00630 GUARANTY AND WARRANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of th~~ State of California ("City"), for construction of CITY OF CUPERTINO P ROJECT N0.2004-04 BLUE PHEASANT RESTAUR:ANT RE-ROOF PROJECT 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 five years following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warrant}~ 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 final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contr~ictor 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, ~~r longer if specified, from the date of Final Acceptance. If within five years 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 the 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. Manufacturer hereby grants to City for a period of ten years following the date of Final Acceptance, or such longer period specified in the Contract Documents, its manufacturer Roofir-g System Quality Assurance Plus Warranty and Service Agreement. Manufacturer will, during the second and seventh y<;ar of the warranty service agreement provide the following: 1. Inspection by Manufacturer Technical Service Representative and delivery of a written inspection report documenting roof condition. 2. Preventive maintenance and necessary repairs, including, splits, tears, or breaks in the roof membrane system and flashings that could inhibit sound roof performance and are not exempt due to neglect, negligence, vandalism, or some other exclusion. 3. General housekeeping and cleanup, subject to limits, but generally including removal of debris from the roof membrane, roof drains, gutters and scuppers. City of Cupertino Blue Pheasant Restaurant Re-Roof Project 00630 ~~ 1 Guaranty and Warranty Project No. 2004-04 All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents, including, without means of limitation, Section 0142~J (References and Definitions). 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 inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. Best Roofing & Waterproofing,. Inc. _ - - Contractor's Name Nlpj :Ltaba Tabazad , Pr . 19027 S amiltnn Ave Address Gardena, CA 90248 Au~~ust 27~ 2004 City/State/Zip Date END OF DOCUMENT City of Cupertino Blue Pheasant Restaurant Re-Roof Project 00630 - 2 Guaranty and Warranty