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09-013 Sports Center UpgradeRECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 ~Nl~~~~'~~N'~'~~~~N~~ Pages 3 Fees.... ~ No Fees Taxes... Copies.. _._ AMT PAID REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Reccrded at the request of City RDE # 006 8/11/2009 1 142 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 CERTIFICATE OIL COMPLETION AN:D NOTICE OF ACCEPTAi~ CE OF COMPLETION SPORTS CENTER UPGRADES TENNIS COURT LIGHTING AND SPORTS COURT Original O 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 ACCEPTAI\~CE OF COMPLETION SPORTS CENTER UPGRADES TENNIS COURT LIGHTING AND SPORTS COURT NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, C;~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 Cupertino Electric, Inc., on January 27, 2009, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered on August 4, 2009. 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. '",~,~ .~I'...~ Director of Public Works and City Engineer of the City of Cupertino Date: August 6, 2009 "NO FEE" VERIFIC±ATION 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 6`h day of August, 2009 at Cupertino, California. Julia Kinst City Clerk's Office City of Cupertino Project No. 2008-9112 DOCUIVd;NT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS THIS AGREEMEN~~ND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and entered into this /O y of S e nT t . , 2009, by and between the City of Cupertino ("City"), and FERMA Corporation ("Contractor"), w ose place of business is at 1265 Montecito Avenue, Suite 200, Mountain View, CA 94043. REC'TTALS A. City and Contractor entered into Contract P.O. Nc. 032760 (the "Contract"). B. The Work under the Contract has been completed. Now, therefore, it is mutually agreed between Cit!~ and Contractor as follows: AGRIEMENT Contractor will not be assessed liquidated damages except as detailed below: N/A Original Contract Sum $ 2,265,457.70 Modified Contract Sum $ 2,397,957.55 Payment to Date $ 2,278,059.611 Liquidated Damages $ 0 ~ O f 20 ~ O q Payment Due Contractor $ 119 9 ~ ~ (q 1 ~ R `] , ~q 2. Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of $ One Hundred Nineteen Thousand Nine Hundred Eighty Seven Dollars and Eighty Nine Cents ($ 119,987.89) under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with City as of the date of such payment Contractor aclGnowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against City arising from the Contract, except for the claims described in paragraph 4 of this Document 00650. It is the intention of the parties in executing this t~greement and-Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against City, and all if its agents, employees, consultants (including without limitation Consulting Cupertino), inspectors, representatives, assignees and transferees except for the Disputed Claims set forth in paragraph 4 of this Document 00650. Nothing in this Agreement and Release shall limit or modify Contractor's continuing obligations described in paragraph 6 of this Document 00650. City of Cupertino Agreement and Release of Any and All Claims SCCP Phase lA 00650 - 1 Project No. 2008-9112 4. The following claims are disputed (hereinafter, the "Disputed Claims") and are specifically excluded from the operation of this Agreement and Release: Claim No. Date Submitted Description of Claim Amount of Claim NONE Consistent with California Public Contract Code Suction 7100, Contractor hereby agrees that, in consideration of the payment set forth in paragraph 2 of this :Document 00650, Contractor hereby releases and forever discharges City, and all of its agents, employees, co~LSUltants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract 6. Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Documents. 7. Contractor shall immediately defend, indemnify anti hold harmless the City of Cupertino, Santa Clara County, its Architect, any of their Representatives, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims set forth in paragraph 4 of this Document 00650. 8. Contractor hereby waives the provisions of California Civil Code Section 1542, which provides as follows: A general release does not extend to alaiuns that the creditor does not know or suspect to east in his favor at the time of ezecutiag the release, which if known by him, most have materially affected his, settlement with the debtor. 9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time bald invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the exte~ permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable. 10. Contractor represents and warrants that it is the true: and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release. 11. All rights of City shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release. City of Cupertino Agreement and Release of Any and All Claims SCCP Phase lA 00650 - 2 Project No. 2008-9112 * * * CAUTION: THIS IS A RELEASE -READ BEFORE EXECUTING THE CITY OF CUPERTINO, a Municipal Corporation of the State of California By: Its: ATTEST: City Clerk [Ca By: Nan Its: ~~(IS.I"~. By: Name: Its: WED AS TO FORM: ~C~~ City Attorney `~~ 2 ` .2o U~ END OF :DOCUMENT City of Cupertino Agreement and Release of Any and All Claims SCCP Phase lA (10650 - 3 CITY OF DOCUMENT 00520 C O P E RT I N O CO)`ITRACT Project No. 2008-06 THIS CONTRACT, dated this 27t~ay of Jariiary 2009 , by and between Cupertino Electric whose place of business is located at 1132 N. 7n' Street, San Jose, CA 95112 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") ~ICting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the 20th day of January, 2009 awarded to Contractor the following Project: PROJECT NUMBER 2008-06 SPORTS CENTER UPGRADI~S: TENNIS COURT LIGHTING & SPORTS COURT - RE-BID 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 the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of ~:he 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) 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 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 95014 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 thy: 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 Time 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 150 Calendar Days from the date when the Contract Time commences to run as provided in Document 00700 (General Conditions) City of Cupertino 00520 - 1 Contract Sports Center Upgrades - Re-Bid Project No. 2008-06 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial 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 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. Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become Familiar with and adhere to wildlife and endangered species protection requirements. 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 frorri 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 for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached Article 5. Contractor'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 Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents 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 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 City of Cupertino 00520 - 2 Contract Sports Center Upgrades - Re-Bid Project No. 2008-06 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. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice ~f all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Document: and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 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. 5.7 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. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 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 Program Technical Specification Addenda(s) Drawings/Plans City of Cupertino 00520 - 3 Contract Sports Center Upgrades - Re-Bid Project No. 2008-06 6.2 There are no Contract Documents other than those 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). 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 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 Subcontrac:or 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 shell 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 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 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 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; 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 referenee(or, if such provision is required to be included in any particular portion of the t~ontract 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 r~:spects 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 City of Cupertino 00520 - 4 Contract Sports Center Upgrades - Re-Bid Project No. 2008-06 Procedure in Document 00700, Article l2, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. City of Cupertino 00520 - 5 Contract Sports Center Upgrades - Re-Bid Project No. 2008-06 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. SPORTS CENTER UPGRADES: TE1\fNIS COURT LIGHTING & SPORTS COURT CITY: CITY OF CUPERTINO, a Municipal Corporation of tl:~e State of California Attest: City Clerk: Kimberly Smi Approved as~`fo/ City Attorney: L' / Ciryorn~y .~ I hereby certify, under penalty of perjury, that David W. Knapp,~'ity 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: ted: ~ ~ ~ ~ d~ avid W. Knapp, City Manager f t e City of Cupertino, ~~ Municipal Corporation of the State of California Designated Representative: Name: Terry W. Greene, AIA Title: City Architect Address: 10300 Tone Ave., Cupertino, CA 95014 Phone:408-777-3354 Facsimile: 408-777-3333 AMOUNT: $ 254,000.00 ACCOUNT NUMBER:420-9231-9300 FILE N0.:92,053.05 CONTRACTOR: Title: PRESIDENT/COO [If Corporation: Chairman ,President, or Vice President] By: \ [Sign to ~.~rfariP A. ~SS [Pleas rint name here] Title: r~/Cr~ [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] 174637 B, C10, C46 State Contractor's License No. Classification AUGUST 31, 2010 Expiration Date Taxpayer ID No. 94-1403967 Name: HENRY LEEDEMAN Title: PROJECT MANAGER 1132 NORTH SEVENTH ST. Address: SAN JOSE, CA 95112 Phone: (408) 808-8000 Facsimile: (408) 275-8575 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 00520 - 6 Contract Sports Center Upgrades - Re-Bid [Please print name here] STATE OF CALIFORNIA COUNTY OF SANTA CLARA On, 1/30/09 ,before me, Josephine Nocon, a notary public, personally appeared John Boncher who proved to me on the basis of satisfactory evidence to be the person{} ,whose name is/~-subscribed to the within instrument and acknowledged to me that he/~e/tl~ executed the sarrle in his~~ authorized capacity(~e~} and that by hisA~er~ke}1= signature(} on the instrument the person{}, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. • Josephine Nocon comm. # ~s~2722 o WITNESS my nand and official seal. ~ : ~ •• NOTARY PUBLIC- CALIFORNIAy ~ . Santa Clara Cou ~ MY Comm. Expires Nov. 1,2009 `y7'A - - ! ~' M' 1/~ NATURE OF 1JOTARY (OPTIONAL) Though the data below aze not required by law, they may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER: President & COO SIGNER IS REPRESENTING: Cupertino Electric Inc. DESCRIPTION OF ATTACHED DOCUI~iENT: Contract TITLE OR TYPE OF DOCUMENT S1x (6) NUMBER OF PAGES January 27, 2009 DATE OF DOCUMENT STATE OF CALIFORNIA COUNTY OF SANTA CLARA On, 1/30/09 ,before me, Josephil~e Nocon, a notary public, personally appeared Mariorie A. Goss who proved to me on the basis of satisfactory evidence to be the person(-~} v~~hose name is>~~subscribed to the within instrument and acknowledged to me that l~shel~y executed the same in Iris/her/I= authorized capacity(~e~} and that by l~hel°%ke~ signature(-s~ on the instrument the person(, or the entity upon behalf of which the personFs} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of Californi~l that the foregoing paragraph is true and correct. Josephine Nocon WITNESS my haled and official seal. • ~ Comm. # 1612722 '~ ~ = ~ .• NOTARY PUBLIC- CALIfORNIA~ ~ f Santa Clara County My Comm. Expires Nov. 1,2009 ~~ s ~ rtt,t~~-~ SI ATURE OF NOTARY (OPTIOI\ AL) Though the data below are not required by law, they may proms valuable; to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER: Chi~;f Financial Officer SIGNER IS REPRESENTING: Cux~ertino Electric, Inc. DESCRIPTION OF ATTACHED DOCUMENT: Contract TITLE OR TYPE OF DOCUMENT S1X (6~ NUMBER OF PAGES January 27, 2009 DATE OF DOCUMENT EXHIBIT A Project No. 2008-06 DOCUMENT 00400 BID ]?ORM To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders). TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THIS BID IS SUBMITTED BY: Cupertino Electric, Inc. (Firm/Company Name) Re: PROJECT NUMBER 2008-06 SPORTS CENTER UPGRADES: TENNIS COl'JRT LIGHTING & SPORTS COURT - RE-BID 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 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 asnon-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. 3. Bidder has visited the Site and performed all tasks., research, investigation, reviews, examinations, and analysis and given notices, regarding the Project and the Sit.:, as set forth in Document 00520 (Contract), Article 5. 4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents rind 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 (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 referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 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 E~ond). 8. Notice of Award 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, << 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 Sports Center Upgrades - Re-Bid 00400 - 1 Project No. 2008-06 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 fiirther 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. 12. The undersigned Bidder agrees that, in accordance 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 Sports Center Upgrades - Re-Bid 00400 - 2 EXHIBIT A SCHEDULE CIF BID PRICES Project No. 2008-06 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. Please Note that time extensions will NOT be aermitted with the acceptance of any or all of the Alternative Bid Items listed below. Specialty Items are identified on the Bid Form in the description. ITEM DESCRIPTION UNIT QN TOTAL 1 Sport Center Upgrades: Tennis Court Lighting Only LS 1 a ~~ .~ ALLOWANCE:i 2 Paint Existing Poles LS 1 $25,000.00 TOTAL BIID PRICE ~,~r}, ~ ,©(? Total Bid Price: SCHEDULE OF ALTERNATES ADD/ ALTERNATES (~' ITEM DESCRIPTION UNIT QTY TOTAL Pool Demo and Sports Court & Restrooms 1 Construction LS 1 TOTAL ALTI=RNATE Total Add/Alternate: ~~: ,~ ,,- (-~ ~, of i ~ ec~ Se v' a vt,~- ti ~1 z' y-P ~ ~cy~.t~ Hd ~~ Llt' «~ vkl~ (Words) `~c~ i (ci rs Unit Legend LS =Lump Sum EA =Each LF =Linear Feet TON =Ton or 2,000 Pounds CY =Cubic Yards LB =Pounds AL =Allowance SF =Square Feet City of Cupertino Bid Form Sports Center Upgrades - Re-Bid 00400 - 3 ~HIBIT A Project No. 2008-06 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDIJMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date 1 11/3/08 2 11/25/08 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: Cupertino Electr:_c licensed in accordance with an act for the registration of Co~ltractors, and with license number: 17 4 6 3 7 Expiration Date: 8 / 31 / 10 re-incorporated in Delaware _ James S. Ryley Where incorporated, if applicable John Boucher Pr' cipals I certify (or declare) under penalty of perjury under the laws oft t i is that oregoing is true and correct. ature of Bidder NOTE: If Bidder is a corporation, set forth the legal name of the core atio ,state where incorporated, together with the signature of the officer or officers authorized to sign contracts on behalf o e corporation. If Bidder 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: 1132 N. 7th Street San Jose, Ca. 95112 Officers authorized to sign contracts: James S. Ryley John Boncher Typed Full Name: Telephone Number(s): 4 0 8- 8 0 8- 8 0 0 0 Fax Number(s): 4 0 8- 2 7 5- 8 5 7 5 E-Mail Address: mark luedtke@cei. com END OF DOCUMENT City of Cupertino Bid Form Sports Center Upgrades - Re-Bid 00400 - 4 EXHIBIT A Project No. 2008-06 DOCUMENT 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 :suppliers specified below. By so indicating, bidder warrants that the equipment and materials manufacturer and/or supplied 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 :manufacturer or supplier listed in the following schedule may render the Bid non-responsive and may be the basis for reje~~tion of the Bid. Item 1. Tennis Court Light Fixtures Manufacturer or Supplier Courtsider Bidder: Cupertino Electric SIGNATURE December 4, 2008 DATE END OF DOCUMENT City of Cupertino SCHEDULE OF MAJOR Sports Center Upgrades - Re-Bid EQUIPMENT AND MATERIAL SUPPLIERS 00460 - 1 EXHIBIT A Project No. 2008-06 DOCUMENT 00430 SUBCONTR,~CTORS LIST Bidder submits the following information as to the subcontractors Bidder intends to employ if awazded the Contract. Full Name of Subcontractor and Address Description of Work: Reference To Bid Items Subcontractor's License No. Swenson & Associates Civil & P..rchitectual 493666 Reliance Construction Asbestos Abatement 790283 (Bidder to attach additional sheets if necessary) END OF DOCUMENT City of Cupertino 00430 - I Subcontractors List Sports Center Upgrades - Re-Bid EX'.'.'BIT A DOCUMENT 00481 NON-COLLUS]:ON AFFIDAVIT PUBLIC CONTRACT CODE §7106 Project No. 2008-06 NON-COLLUSION AFFIDAVIT TO BE EXECU'['ED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA ) JOHN BONCHER being first duly sworn, deposes and says that he er--fie is PRESIDENT & C00 [Office of Affiant] of CUPERTINO ELECTRIC, INC. [Name of Bidder], the party making the foregoing 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 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 co~itract; 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 depo:;itory, 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: State of Cali ~~ County ot.~n ~^ Ci~P;FNO ~I Subscribed and n to {o~1atl) before (N Ot t me on is day of ode-ms•er proved to rrte an q» batK d~ ignal. of satisfactory evidsrtCS to bs MN pMSOn(s) who appeared before rtw. .. ~_ This Notary Public of the State of In and for the County of My Commission expires- Josephine Nocon • Comm. # 1612722 0 ~ ~ ~ • NOTARY PUBLIC- CALIFORNU-y Smh Clara CouMv ,,,,.« MY Comm. Expires Nov. 1, 2009 (Seal) (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 ~~artnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vicc: 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 l;~w.) END OF DOCUMENT City of Cupertino 00481 - 1 Non-Collusion Affidavit Sports Center Upgrades - Re-Bid 2008 Project No. 2008-06 DOCUMENT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PRC)VIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THF;SE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS -SUBMIT IN TRIPLICATE 1. Insurance Agreement -Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary ]assurance and Notice of Cancellation -must be signed by the insurance agent for general liability anti 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 Sports Center Upgrades - Re-Bid 00530 - 1 Insurance Forms CITY OF Project No. 2008-06 CUPERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 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 that Code, and will comply with such provisions before commencing the performance of the work oi~ 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 officers, 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 and build.er's all risk 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 the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its ,directors, officers, agents and employees, as deterrruned by the City, as additional insureds on 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 otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates o:P 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 provisions 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 respe~:t 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 otherwise acceptable to the City. City of Cupertino Sports Center Upgrades - Re-Bid 00530 - 2 Insurance Forms Lnv>~~rs Project No. 2008-06 Worker's Compensation In accordance with the Worker's Compensation & Employers' Liability Act of the State of California -Worker's comp "statutory" per CA Law; Employers' Liability $1,000,000 per occurrence. General Liability -commercial general liability; Combined single limit of $2.0 million per including provisions for contractual liability, occurrence; $4.0 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. CUPERTINO ELECTRIC, INC. (Contractor's Name) City of Cupertino Sports Center Upgrades - Re-Bid 00530 - 3 Insurance Forms ACORD,M CERTIFICATE OF LIABILITY INSURANCE 12/31/2009 DArI/27/2009 ) PRODUCER Lockton Insurance Brokers, LLC CA License#OF15767 Two Embarcadero, Suite 1700 San Francisco 94111 'THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ~DNLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ,ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (415) 568-4000 (INSURERS AFFORDING COVERAGE NAIC # INSURED Cu ertino Electric, Inc. INSURER A Zurich American Insurance Company 16535 1313778 1132 North Seventh Street CA 95112 S J IPISURER B an ose INSURER C IPISURER D IPISURER E COVERAGES CUPELO 1 D4 THlti CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN RER A TH RIZED EPR ENTATIVE R P D C RAND THE C R FICAT LD R. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURIED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCIIMENT 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 ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) DATE (MMIDD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ $2 OOO OOO A X COMMERCIAL GENERAL LIABILITY 61,03436888-07 1.'_/31/2008 12/31/2009 DAMAGE TO RENTED PREMISES Ea occurence $ $2 OOO OOO CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ $1 O OOO X COnIraClUal Llab. PERSONAL 8 ADV INJURY $ $2 OOO OOO X X, C, U GENERAL AGGREGATE $ $4 OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER'. PRODUCTS -COMP/OP AGG $ $4 OOO OOO PRO- POLICY X JECT X LOC A AUT OMOBILE LIABILITY BAP3436889-07 I ?/31 /2008 12/31/2009 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ XXXXXXX X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ XXXXXXX X Comp. Ded. $5,000 PROPERTY DAMAGE X Coll. Ded. $5,000 (Per accident) $ XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX AUTO ONLY. AGG $ XXXXXXX EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX OCCUR ~ CLAIMS MADE AGGREGATE $ XXXXXXX NOT APPLICABLE XXXXXXX UMBRELLA $ DEDUCTIBLE FORM $ XXXXXXX RETENTION $ $ XXXXXXX A WORKERS COMPENSATION AND WC3436890-07 I Z/31 /2008 12/31 /2009 X ORY LIM TS OER EMPLOYERS' LIABILITY 1 000 000 ANV PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT , , $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ ~ ~ If yes. describe under No SPECIAL PROVISIONS below I V E.L. DISEASE -POLICY LIMIT $ 1 ~000~000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTI:~PECIAL PROVISIONS Re: CEI Job #9-0304, Cupertino Sports Center Lighting Upgrades- Re-Bid at 21 11 Stevens Creek Blvd., Cupertino, CA. The City of Cupertinos ("City") and its directors, officers, engineers, agents, and employees, and all public agencies are included as additional insured on a primary and non-contributory basis under general liability where requued by contract. Where requlred by contract and permitted by law, waiver of subrogation applies for worker's compensation. City of Cupertino 10300 Torre Avenue Cupertino CA 95014 ACORD 25 (2001/081 I V I Y J I V/ V SI~OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 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 REPRES NTATIVE ~~ ~~ For questions regartling this certificate, contact the number listed in the 'Producer' section above and specify the client cotle'CUPELO7 '. ©AOORD CORPORATION ~ 988 ~~R~~H~: Other Insurance Amendment - :Primary And Non-Contributory Policy No. I:xp. llare of Yol. I?ff. late of I?nd. agency No. addl. Prcm. Retum Prcm. GL03436888 THIS ENDORSEMENT CHANGES THE PI~LICY. PLEASE READ IT CAREFULLY. Named Insured: Per Policy Dec Address (including ZIP Code): This endorsement modifies insurance provided und~.r the: Commercial General Liability Coverage Part SECTION IV. COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, is amended per the following: I. The following paragraph is added under ;~. Primary Insurance: This insurance is primary insurance as respects our coverage to an additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added under t~. Excess Insurance: This insurance is excess over: Any of the other insurance, whether primz.ry, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. Any provisions in this Coverage Part not changed t>y the terms and conditions of this endorsement continue to apply as written. t'ci.-t337 ~ C~K'(3/2nn'~ i~T~,2 i ~,F i Miscellaneous Attachment : M451876 ~'~r~j~pate ID :10425096 No.-~rr~:aarr~~av ~r~a~rr~oN~ CITY OP CUPERTINO CI?,RTIFICAI'E OF INSURANCE TO THE CITY OF CUPERTINO This cel~•tifies to the City of Cupeatiuo that the following desrribed policies have been issued to the insured named below and are in farce at this time. Tnsured: Cupertino Electric, Inc. Address: 1132 North 7th Street San Jose, CA 95112 Description of operations/locations/products insured (show contract name and/or number, if any): 'Cupertino Sports Center Lighting Upgrades - Re-Bid (CEI# 9-0304) WO.RKE.R'S COMPENSATION '~` Statutory Min. '~ Employer's Zurich American Ins . Co . Liability (name of instuer) $ l,ooo,ooo $ l,ooo,ooo ~ l,ooo,ooo Insurance Company's State License No. 4 5 81- 5 Check Policy Type: Each 0 ccurrence $ 2, 0 0 0, 0 0 0 COMPREHENSIVE GENERAL LIAIILITY [ X] Premises/Operat.ions General Aggregate $ 4, 0 0 0, 0 0 0 (if applicable) [ ] Owners & Contractors Protective [ X] Contractual for Specific Contract $ Blanket [X] Products Liability [ X] XCU Hazards [X] Broad Form P.D. [g) Severability of Interest Clause Aggregate Personal Injury 4,000,000 $ 2,000,000 Fire Damage (any one, fire) $ 2, 0 0 0, 0 0 0 10,000 [X] Personal Injury with Medical Expense Employee Exclusion Removed (any one person) or Self Insured COMMERCIAL GENERAL LIABILITY :Retention Zurich American Insurance Company (name of insurer) {'olicyNo. GLO 3436888-07 Fxpirat.ion Date 12/31/2009 City of Cupertino Sports Center Upgrades - Re;Bid 00530 - ~ Insurance Forms Project. Nu. 2008-06 AUTOMOTIVE/VEI~ICLE LtAB1LITY Conunercial Farm. 'Liability Coverage Zurich American Ins. Co. (name of instarer) Policy No. BAP 3436889-07 BODILY INJURY Each Person PROPERTY DAMAGE Each Accident $_ Each Accident $_ Combined Single Limit or 2,000,000 Expiration Date 12/31/2009 BUILDER'S RISK "AL,L .RISK" T17_is is to certify that the following policy has been issued by the below-stated company in conformance with the requirements of the project documents and is in force ai this time. N/A (]Name of insurer) Policy No. Expiration Date Limits of Liability: Deductible: A copy of all Endorsements to the policy(ies) which in any way (agent's initial) Limit the above-listed types of coverage are attached to this Certificate of Insurance. ~1 his Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or. condition of any contract or any other document with respect. to which this Certificate of Insurance nay be issued or may pertain, the insurance afforded by the policies described herein is subject to ill. the terms, exclusions and conditions of such policies. [T IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as reyuired by he Agreement between the City and the insured. ~' 3y: Q Dated: J~.l uAA-`7! 01~ 200_ attach Certificate of Insurance ~u~d Additional Insured Endorsement on company forms. City of Cupertino 5poris Center Upgrades - t2e-I3id OO530 - ~ Insurance Forms c-Tr a~ I~I~~ ADDITIONAL INSURED ENDORSEML+'NT u and CUPERTIfVO ENDORSEMENT OF PRIMARI' INSLIRANCE and NOTICE O1E' POLICY CANCELLATION ENDORSEMENT Project No. Zt70$-t)G Project Title and Number: Cupertino Sports Center Lighting Upgrades - Re- (CEI #9-0304) In consideration of t11e policy premium and notwithstanding any inconsistent staten7ent in the policy to which this EndorSetnent is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and it.s directors, officers, engineers, agents and employees, ,and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and em.ployces, and the State of California, and its officers, agents and employees, are hereby declared to be additional insureds under the terms of this policy, 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 asks or omissions of the additional insureds in cotu~ection 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 policy. Canceliatian Notice. The insurance afforded by this policy shall not he 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 given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. POLICY INrORMATION 1. Insurance Company: Zurich American Insurance Company 2. Insurance Policy Number: GLO 3436888-07 & BAP 3436889-07 3. Effective Date of this Endorsement: December 31 20 08 4. Insured: Cupertino Electric, Inc. All ^otices 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 the City at 10300 Torre Avenue; Cupertino, California 95014. I~ Tony Page (printltype name) uairant that I have authority to bind the below listed Insurance Company and by niy signature iereon do so bind this Company. id City of Cupertino Sports Center Upgrades - Re-Bid 00530 - 6 Insurance Forms I'roj4ct ,~o. 200R-OC ~~ Signat>_u-e of Authorized Representative: {priginal signature required on all Endorse e t.:~ f rnished to the District) .Names of AgentlAgency: Lockton Insurance Brokers Title: Add1'ess; Two Embarcadero Center, Suite :L700 Telephone: 415 568 4000 San Francisco, CA 94111 Facsi~.nile; 415 992 4000 City of Cupertino Sports Center Upgrades - Re-iiid !)!3530 - 7 lnsuranre Forms CITY OF Project No. ?008-06 COMpR.EHENSIVE GENERAL LIAIILITY COMMIJRCIAI, GIrNERAL LIABILITY ENDOIrSEMENT OF AGGRI+;GATE I,IMI'1'S OF CUPERT[NO INSURANCE 1'ER 1'1tOJI1,CT Project Title and Number: Cupertino Sports Center Lighting Upgrades - Re-] (CEI #9-0304) In consideration of the policy prt;mium and norivithstanding any inconsistent statement in the policy to which this Indorsement is attached or any other )/ndorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below-referenced policy of insurance. The general aggl•egate limit under LIMITS OF :INSURANCE applies separately to the project described as Cupertino Sports Center Lighting Upgrades POLICY INFORMATION I. Insurance Company: Zurich American Insurance Company 2. Insurance Policy Number: GLO 3436888-07 3. Effective Date of this Endorsement: December 31 ~p 08 4. Insured: Cupertino Electric, Inc. 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices 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 10~i00 Torre Avenue; CLlpel't1110, California 95014. I Tony Page (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representati~ (Original signature required on all iihed to the District) Names of Agent/Agency: Lockton Insurance Brokers Title: !~ddi•ess: Two Embarcadero Center, Suite 1700 Telephone: 415 568 4000 San Francisco,CA 94111 Facsimile: 415 992 4000 City of Cupertino Sports Center Upgrades - Rc-Bid pU>30 - S Insurance Forms lid CITY QF WADER OF SUBROGATION ENDOI2SF,M.EN'1' WORKER'S COMPENSP-TION INSURANCE GUPERTiNO Project ;\4~. 2008-06 Project'I'itle and Number: Cupertino Sports Center Lighting Upgrades - Re- (CEI #9-0304) In consideration of the policy premium. and norivichstanding any incartsistent statement in the policy to which this Endorsement is attached or any other En~;iorsemea7t attached thereto, it is agreed as follows: It is agreed that with resl.~ect to such insurance as is afforded by the policy, the insurance Company waives any right of subrogation against the City oi' Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payrrn~nt made on account of injury, including death resulting therefrom, sustained by any employee of fire insured, <arising out of the performance of the above-referenced Con[r•act. POL.iCY INTOR.MATION 1. hlSllrallCe CC)Illpany: Zurich American Insurance Company 2. Insurance Policy Number: WC 3 4 3 6 8 9 0- 0 7 3. Effective Date of ibis Endorsement: December 31 08 4. Insured:_ Cupertino Electric, Inc. All notices herein provided to be given by the Izisurance Company to the City in connection with this policy and this Endorserrrent, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 9501. I, Tony Page (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. ~~ Signature of Authorized Representative: '~d~ (Original signature :required on all Endorse. n s fits fished to the District) Names of Agent/Agency: Lockton Insurance Brokers Address: Two Embarcadero Center, Suite 1700 San Francisco, CA 94111 City of Cuiaertino Sports Ct:nter [.Tpgrades - Re-Bid OO:i30 - 9 Title: Telephone: 415 568 4000 racsimile: 415 992 4000 Insurance Forms did Executed in Triplicate Project No. 2008-06 Bond No. 6584481 DOCUME1vT Oo610 Premium: °S3, 505 CONSTRUCTION PEItFORIViANCE BOND THIS CONSTRUCTION PERFORMANCE BOND "Bond" is dated 1 /27/09 ( , is in the penal sum of Two Hundred Fifty Four Thousand and a~~100ths ~2~4~_000 nn {which is one hundred percent of the 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 and Conditions, paragraphs 1 through 12, attached to this page. Any singular reference to C'u1~~xtino Electric, Inc. ("Contractor"}, ("surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: Cupertino Electric, Inc. Name X132 North Seventh Street Address San Jose, CA 95112 City/State/Zip SURETY: Safeco Insurance Company of America Name 33~r0 Npa.]_pBrand Blvd. ~leriCtale,ce QI B~~~e~S, City/State/Zip CONSTRUCTION CONTRACT: SPORTS CENTER UPGRADES: TENNIS COURT LIGHTING & SPORTS COURT - RE-BID PROJECT NUMBER 2008-06 at Cupertino, California. DATED January 27 , 20 09 in the Amount of $ 254. , 000.00 (the "Penal Sum") CONTRAC OR AS PRINCIPAL /~fCTRETY Company: ( .Seal) ~ Company: (Corp. Seal) Signature: Signature. Name and itl : JOHN BONCHER Name and Title: Je / revOSt, Attorney-in-fact PRESIDENT! BOND TERiVIS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind thernselves, their heirs, executors, administrators, successors and assigns to City 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 Construction Contract, Surety and Contractor shall have no obligation under this Bond. If there is no City Default, Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and 3.2 City 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 City of Cupertino Construction Performance Bond Sports Center Upgrades - Re-Bid OOb 10 - I Project No. 2008-06 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 City has satisfied the conditions of paragrap:7 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, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City's consent; or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from quali led contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon deternunation by City oi` the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the conhactor 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 City the amount of such excess; or 4.4 Waive its right to perform and complete, an•ange 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 obligacon 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 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 the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise 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 he in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform 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 way of example only, rights to perforni work, protect work, mitigate damage, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractor,;. Surety's monetary obligation under this Bond is lir;rited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augmen~: 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 nat 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 a~'e specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to, al] valid and proper backcharges, offsets, payments, indemnities, or other 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), City of Cupertino Sports Center Upgrades - Re-Bid 00610 - 2 Construction Performance Bond Project No. 2008-06 7. No right of action shall accrue on this $ond to any Ferson 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 or, 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 in ~~ny way affect the obligations of Surety on this Bond. 9. 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 paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. I0. A11 notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed 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 statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement 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 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 between ~~ity and Contractor identified on the signature page of this Band, 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, 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 cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT City of Cupertino Construction Performance Bond Sports Center Upgrades - Re-Bid 00610 - 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Francisco On 1 /27/09 before me, Suman K. Toor, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeff Prevost Name(s) of Signer(s) ~ SUMAN K.TOOR ,,~:~;- ~ ~ !'i! ~ . - COMM. 1813619 NOTARY PUBLIC • CALIFORNIA SAN FRANCISCO COUNTY Ah amrirfon apra SpMmar 16, 2012 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), an~J that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ached, executed the instrument. I aartify under PENALTY OF PERJURY under the laws of thE1 State of California that the foregoing paragraph is true and correct. Witness my han and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it rrlay 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 Performance Bond Document Date: 1 /27/09 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 Top of thumb here ^ Other: Signer Is Representing: Safeco Insurance Company of America 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, CA 91313-2402 • www.NationalNOtary.org Item N5907 Reorder: Call Toll-Free 1-800-876-6827 STATE OF CALIFORNIA COUNTY OF SANTA CLARA On, 1/30/09 ,before me, Josephine Nocon, a notary public, personally appeared John Boncher who proved to me on the basis of satisfactory evidence to be the person} v~-hose name is{~-subscribed to the within instrument and acl{nowledged to me that he><she>~ey executed the same in hiss°;r authorized capacity(~e~} and that by his,43el;~tl}e~i~ signature(-s} on the instrument the personFs}, or the entity upon behalf of which the person{-~} acted, executed th~~ instrument. I certify under PE]vALTY OF PERJURY under the laws of State of California. that the foregoing paragraph is true and correct. Josephine Nocon WITNESS m hand and official seal. Comm. # 1612722 ~ y ~ '' ~ ~ ~ ~ NOTARY PUBLIC- CALIFORNIAN ~ Santa Clara County My Comm. Expires Nov. 1,2009 SI ATURE OF NOTARY (OPTIONAL) Though the data below are not required by law, they may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER: President & COO SIGNER IS REPRESENTING: Cupertino Electric, Inc. DESCRIPTION OF ATTACHED DOCUMENT: Construction Performance Bond TITLE OR TYPE OF DOCUMENT Three (3) NUMBER OF PAGES January 27, 2009 DATE OF DOCUMENT Executed in Triplicate Project No. 2008-06 DOCUMENT 00620 Bond No. 6584481 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYA~NT BOND ("Bond") is dated 1 /27/09 , is in the penal sum Twn Hundred Fi ft~ Fc~i~r Thnu~and and M/1 Mth~ (~254~ 000 00) [one hundred percent of the Contract Pnce], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. 'T`his Bond consists of this page and the Bond Terms and Conditions, pazagraphs 1 through 14, attached to this page. Any singular reference to Cupertino Electric, Inc . ("Contr,~ctor"), Safeco Insurance Company of _America ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: Cupertino Electric, Inc. Name 1132 North Seventh Street Address San Jose CA 95112 City/State/Zip CONSTRUCTION CONTRACT: SURETY: Safeco Insurance Company of America Name 330 N. Brand Blvd. Principal Place of Business Glendale, CA 91203 City/State/Zip SPORT CENTER UPGRADES: TENNIS COURT LIGHTWG & SPORTS COURT - RE-BID PROJECT NUPQBER 2008-06 at Cupertino, California. DATED ~Tanuarv 27 , 20 09 in the Amount of $ 254, 000.00 (the "Penal Sum") CONTRACTO RINC AL Company: (orp. 1 Signature• Name an ' 1 JOHN BONCHER eRFS~IT~rr~o ~~~~~~~~~~~_ Company: (Corp. 5ea1} ~~'~~ Signature• Name and Title: vost, Attorney-in-fact BOND TERMS AND CONDITIONS Contractor and Surety, jointly and severally, bind tl•~emselves, their heirs, executors, administrators, successors and assigns to Ciry 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 indire~;,tly, for all sums due Claimants; and 2.2 Defends, indemnifies and holds harmless C:iry from ail 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 on the signature page of this Bond} of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contracto,- and Surety, and provided there is no City Default. With respect to Claimants, this obligation shall be n~;~ll and void if Contractor promptly makes payment, directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, City of Cupertino Construction Labor and Material Sports Center Upgrades - Re-Bid 00620 - 1 Payment Bond Project No. 2008-06 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 Work or labor performed under the Contract, or for any amounts required to be deducted, withheld, acid paid over to the Employment Development Deparhnent 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 five, 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 satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in goad 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 Iiable for payment of any costs, expenses, or attorney's fees of any Claunant 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 the terms of the Construction Contract, or to the Work to 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, 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 tune after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code §3249, 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 mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed 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. This Bond has been furnished to comply with the California Mechanic's Lien Law including, but not limited to, Civil Code §§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 construed 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 famish a copy of this Bond or shall permit a copy to be made. 13. Contractor shall pay to persons performing labor in ~md about Work provided for in the Contract Documents an amount equal to or more than the. general prevailing rate of per 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 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 general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this City of Cupertino Sports Center Upgrades - Re-Bid 00620 - 2 Construction Labor and Material Payment Bond Project No. 2008-06 Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to he posted at each Site. 14. 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 X3181. 'The intent of this Bond shall be to include without limitation 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 Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code §3248(b). 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documena 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, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. END OF DOCUMENT City of Cupertino Construction Labor and Material Sports Center Upgrades - Re-Bid 006.?0 - 3 Payment Bond STATE OF CALIFORNIA COUNTY OF SANTA CLARA On, 1/30/09 ,before me, Josephine Nocon, a notary public, personally appeared John Boncher who proved to me on the basis of satisfactory evidence to be the person(} v~~hose name is{~e-subscribed to the within instrument and acknowledged to me that hey,''° executed the same in his'"'"°ir authorized capacity(~es-} and that by hisA~ei~ke~>~ signature(s}- on the instrument the person(}, or the entity upon behalf of which the person{} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of Californi~l that the foregoing paragraph is true and correct. Josephine Nocon WITNESS my haled and official seal. ~• Comm. # 1612722 v ~ ~ ~ NOTARY PUBLIC- CALIFORNIA '' Santa Clara County My Comm. Expires Nov. 1, 2009 ~ ~~ SIG AT RE OF NOTARY (OPTIOr"AL) Though the data below are not required by law, they may prove valuably: to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER: Pre;;ident & COO SIGNER IS REPRESENTING: CuX-ertino Electric, Inc. DESCRIPTION OF ATTACHED DOCUMENT: Construction Labor & Material I'ayment Bond TITLE OR TYPE OF DOCUMENT Three (3) NUMBER OF PAGES January 27, 2009 DATE OF DOCUMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Francisco On 1 /27/09 before me, Suman K. Tool-. Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeff Prevost ,- ~""".~StJ~ p K.TOO~ ~l COMNt• 1813619 yyy~~f ~::'~' , «~y .,~ NOTARY PUguC • CALIFORNIA ~ F~13C0 COUNN ~~ ~~, s,p~e,r,ie. au~s bh wh~~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), anti 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 cElrtify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true anti correct. Witness my ha and official se Signature B~ Place Notary Seal Above Signature o Notary Pu is OPTIONAL Though the information below is not required by law, it m,ay prove valuable to persons relying on the document and could prevent fraudulent removal and reat!achment of this form to another document. Description of Attached Document Title or Type of Document: Labor and Material Bond Document Date: 1 /27/pg Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer - Title(s):_ ^ Partner - ^ Limited ^ General C~ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Safeco Insurance Company of America Top of thumb here Signer's Name: ^ Individual ^ Corporate Officer-Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ~ ^ Guardian or Conservator Top of thumb here ^ Other: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876.6827 - ~ POWER '~ OF ATTORNEY KNOW ALL BY THESE PRESENTS: No 13406 Safeco Insurance Company of America General Insurance Company of America 1001 4th Avenue Suke 1700 Seattle, WA 98154 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **************************JEFF PREVOST; SUMAN K. TOOF.; San Francisco, CA********************************** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21st January 2009 clay of Dexter R. Lega, Secretary Timothy A. Mikolafewski, Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Artice V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any ~ce President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of suret•/ operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the ccwrse of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of Si~FECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 2a, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By-Laws, arni (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are tnie and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 27th - day of __JanLar-~ 2ona ~,CE ~W~, ~~E COMp cA~iPO~rE ¢` SJa. '~~, o 5EAL y SEAL T ~~1' ~, y X ',~ ~' ~ 1953 ~-. a ts2~ '~'~` IVASM~ '~~aw~a~~~ Dexter R. Legg, Secretary Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 1/09 WEB PDF CITY OF Project No. 2008-06 DOCUMENT 00630 C O P E RT I N O GUARANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of SPORTS CENTER UPGRADES: TENNIS COURT LIGHTING & SPORTS COURT - RE-BID 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 fi~llowing 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 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 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 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. All abbreviations and definitions of terms used in this Aj;reement shall have the meanings set forth in the Contract Documents, including, without means of limitation, Section 00700 (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 inconsistency or conflict shall ~e resolved in favor of the higher level of obligation of the Contractor. CUPERTINO ELECTRIC, INC. `~ cam. Contractor's Name ( ~~/~~ 1132 NORTH SEVENTH ST. ~~`,`~r r. L-c~c~cinc,.~ Address SAN JOSE, CA 95112 City/State/Zip City of Cupertino Sports Center Upgrades - Re-Bid JANUARY 27, 2009 Date END OF DOCUMENT 00630 - 1 Guaranty CUPERTINO February 18, 2009 Cupertino Electric 1132 N. 7`h Street San Jose, CA 95112 To Whom It May Concern: OFFICE OF THE CITY CLERIC CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-322c~ • FAX: (408) 777-3366 WEBSITE: www.cupertino.org copy 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 Project No. 2008-06 DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and entered into this 26th day of OCtObOr 2009, by and between the City of Cupertino ("City"), and Cupertino Electric, lnc. ("Contractor"), whose place of business is at 1 132 North Seventh Street, San Jose, CA 951 12. REC;:TALS -- - A. City and Contractor entered into Contract P.OINo. 032822 (the>Contract"). B. The Work under the Contract has been completed. Now, therefore, it is mutually agreed between City and Contractor as follows: AGREEMENT Contractor will not be assessed liquidated damage<_ except as detailed below: N/A Original Contract Sum $ 254,000.00 Modified Contract Sum $ 247,946.00 Payment to Date $ 223,115.40 Liquidated Damages $ O Payment Due Contractor $ 24,794.60 2. Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of $ Twenty Four Thousand Seven Hundred Ninety Four Dollars and Sixty Cents ($ 24,794.60) under the Contract, less any amounts withheld under the Contract or r~spresented by any Notice to Withhold Funds on file with City as of the date of such payment. 3. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against City arising from the Contract, except for the claims described in paragraph 4 of this Document 00650. It is the intention of the parties in executing this f~greement and Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against City, and all if its agents, employees, consultants (including without limitation Consulting Cupertino), inspectors, representatives, assignees and transferees except for the Disputed Claims set forth in paragraph 4 of this Document 00650. Nothing in this Agreement and Release shall limit or modify Contractor's continuing obligations described in pazagraph 6 of this Document 00650. City of Cupertino Agreement and Release of Any and All Claims Cupertino Sports Center 00650 - 1 Tennis Court Lighting Upgrade Project No. 2008-91 12 4. The following claims are disputed (hereinafter, this "Disputed Claims") and are specifically excluded from the operation of this Agreement and Release: Claim No. Date Submitted Description of Claim Amount of Claim NONE 5. Consistent with California Public Contract Code f:ection 7100, Contractor hereby agrees that, in consideration of the payment set forth in paragraph 2 of this Document 00650, Contractor hereby releases and forever discharges City, and all of its agents, employees, consultants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract 6. Guazantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Docurrients. 7. Contractor shall immediately defend, indemnify and hold harmless the City of Cupertino, Santa Clara County, its Architect, any of their Representatives, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performanc;e of the Contract, except for the Disputed Claims set forth in paragraph 4 ofthis Document 00650. 8. Contractor 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 executing the release, which if known by him, must have materially affected his settlement with the debtor. 9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, stags, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable. 10. Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release. 11. All rights of City shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release. City of Cupertino Agreement and Release of Any and All Claims SCCP Phase lA 00650 - 2 Project No. 2008-06 * * * CAUTION: THIS IS A RELEASE -READ BEFORE EXECUTING THE CITY OF CUPERTINO, BMunic~o^rIa\ti)on of the State, o/f California Its: ~ D/`~'-'~-T~Y~ ATTEST: ~~~~~~~ City Clerk I fop, „'j~ ~CONT '"Off C rtino Electr' Y= ame: JOHN BONCHER pRESI Its: By: Name: Its: VI W AS T~OnFOR~ ~..~`' City Attorney / ~ ~(' END OF DOCUMENT City of Cupertino Agreement and Release of Any and All Claims Cupertino Sports Center 00650 - 3 Tennis Court Lighting Upgrade