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09-069 Memorial Park & Library Fields Irrigation RenovationProject No. 2009-02 DOCUMENT 00520 COI\-TRACT THIS CONTRACT, dated this ~~day of . J U.~'~kJ , 2009 , by and between B & B Landscape Contractors, Inc. whose place of business is located at 450 Phelan Avenue, San Jose, CA. 95112-2504 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of Califonia ("City") acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the 16"' day of June, 2009 awarded to Contractor the following Project: PROJECT NUMBER 2009-02 MEMORIAL PARK SOFTBALL FIELD & LIBRARY FIELD IRRIGATION RENOVATION NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Worlc 1.1 Contractor shall complete all Work specified in the Contract Documents, uz accorduice with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Roger Lee, Assistant Director of Public Works 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 Doctunents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific fimctions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative fimctions, 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 indemiities. 2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10555 Mary 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 the date indicated in flee 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 wlich the Contract Time commences to run. Contractor shall achieve Final Completion of the er,.tire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) by September 11, 2009. City of Cupertino 0020 - 1 Contract Memorial Park Softball Field & Librvy Field Irrigation Renovation Project No. 2009-02 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 flee form of contract administration expenses (such as project management and const~ltznt expenses), if all or any part of the Work is not completed within the times specified above, plus any ea~tensions thereof allowed in accordance with the Contract Documents. Consistent with Doctunent 00700 (General Conditions), Contractor and City agree that because of the natl~re of the Project, it would be impractical or extremely difficult to fix the amotmt of actual damages incmTed 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 $1,00 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 danlages shall apply cumtilatively 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, hZrassing 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 from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-plrties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Stun for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exlibit "A" attached Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: ~.1 Contractor has visited the Site and has eYVnined thoroughly and tmderstood 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 zshich relate to any aspect of the means, methods, techniques, sequences or procedures of constriction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has exanined 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 Undergrotmd Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or whch may appear in the Drawings. Contractor accepts the deternination set forth ul these Documents and Document 00700 (General Conditions) of the limited elrtent of the information contained in such materials upon wlch Contractor may be entitled to rely. Contractor agrees that except for the ulforniation so ident~ed, Contractor does not and shall not rely on viy 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 tlis Document City of Cupertino 0020 - 2 Contract Memorial Park Softball Field & Library Field Irrigation Renovation Project No. 2009-02 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or fi~rnishing of Work, as Contractor considers necessary for file performance or fiumishing of Work at the Contract Sum, within the Contract Time and in accorci~nce with the other teens and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, shidies or similar information or data are or will be regtured by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, eY~uninations, investigations, explorations, tests, reports and studies with the teems and conditions of the Contract Documents. 5.5 Contractor has giver. Cay~ prcmpt written notice of all conflicts, errors, ambigiuties, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and ach~al conditions and the written resolution thereof through Addenda issued by Cit:,~ is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in gocd standing under applicable state law, and is duly giiZlified to conduct business in the State of California. 5.7 Contractor has dul3~ authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herevi. 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 pivsuant 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 Forn 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 Forns Document 00550 Notice to Proceed Document 00610 Constniction Performa~ice Bond Document 00620 Constriction Labor anc( Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Clauns Document 00660 Substihrtion Request Form Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Doctunent 00800 Special Conditions Document 00821 Insuuance Document 00822 Apprenticeship Program Document 00850 Technical Specification Adde„c1a(s) DrawingslPlans City of Cupertino 07520 - 3 Contract Memorial Park Softball Field c~ LibrZry Field Irrigation Renovation Project No. 2009-02 6.2 There are no Contract Documents other thin those listed in this Document 0020, Article 6. Document 00320 (Geoteclurical 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 04700 (General Conditions). Article 7. Miscellaneous 7.1 Terns 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 §=1100 et seq. 7.4 The Contract Sum ~?cl?_~des a]1 allowances (if any). 7.~ In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. Tlris assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem 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.htnil 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 drat 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 reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and die Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law Hiles). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both pvrties hereby waive their rights »nder California Code of Civil Procedure Section 394 to file a motion to transfer any action City of Cupertino 0020 - 4 Contract Memorial Park Softball Field & LibrZry Field Irrigation Renovation Project No. 2009-02 or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. 7.9 Contractor and all subcontractors shall comply with the Uniform Administrative Regturements for State and Local Governments set forth in the Code of Ff;deral Regulations (CFR), Title 49, Part 18. In addition, the Contractor agrees to comply with the cost prirr~iples and procedures set forth in Office of Management and Budget Circular A-87. The Contractor agrees that a reference to either Office of Management and Budget (OMB) Circular A-87of the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is applicable, and the Code of Federal Regulations, Title 49, =?ari 18, vrill be included in any subcontracts entered into as a result of this contract. City of Cupertino 00520 - 5 Contract Memorial Park Softball Field & Library Field Irrigation Renovation Project No. 2009-02 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. MEMORIAL PARK SOFTBALL FIELD & LIBRARY FIELD IRRIGATION RENOVATION CITY: CONTRACTOR: CITY OF CUPERTINO, a 1~Iurticipal Corporation of tl3e B & B Landscape Contractors, Inc. State of California By: ~Gl ~/L-zwy-~- [Signature Attest: City Clerk: Kimberly Smith proved as t~ form by City Attorney: 1 J ff' E t r ~' t T */J f ,. „ \ . ,.~ City Attorney: I hereby certify, under penalty of perjury, that David W. Knapp, City Manager of the City of Cupertino was duly authorized to execute this dociunent on behalf of the City of Cupertino by a majority vote of the City Council on: Dated: [~ • ~ ~ • © i David W. Knapp, City M ager of the City of Cupertino, a Municipal Corporation of the State of California Designated Representative: Name: Roger S. Lee Title: Assistant Director of Public Works Address: 10555 Mary Ave., Cupertino, CA 95014 Phone: 408-777-3269 GeorQe~om~c Brunn [Please print name here] Title: President [If Corporation: Chairman ,President, or Vice President] By: ~.rf~i~l ~ ,e/~T~i [Signature] Reinhold Brunn [Please print name here] Title: Sec . /Treas . [If Corporation: Secretary, Assistant Secretary, Cluef Financial Officer, or Assistant Treasurer] 352633, C-27, A State Contractor's License No. Classification 1/31/10 Expiration Date Taxpayer ID No. 9 4- 2 41 8 51 3 -Name: George Brunn Title: President Address: 450 Phelan Ave. , San Jose 95112 Phone: 408/573-9430 Facsimile: 408-777-33 99 Facsimile: 408 / 573-834 3 NOTARY ACKNOWLEDGEMENT IS REQUIRED. IF A AMOUNT: $234,031.00 CORPORATION, CORPORATE SEAL AND CORPORATE ACCOUNT NUMBERS:580-9121-9100&580-9123-9100 NOTARY ACKNOWLEDGEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL FII..E NO.: SECURITY NO. IS REQUIRED END OF DOCUMENT City of Cupertino 00520 - 6 Contract Memorial Park Softball Field & Library Field Irrigation Renovation CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On 6/19/09 before me, Joyce McKE~nzie, Notary Public , Date Here Insert Name and Title of the Officer personally appeared George Brunn Name(s) of Signer(s) JOYCE MC KENIJE ..... Commlaaion # 1598692 -r' Notary Public - Callfomfa Santa Clara County My Comm. Expires Aug 29, 2009 who proved to me on the basis of satisfactory evidence to be tl~le person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized cap~~city(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of tree State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. Signature Place Notary Seal Above Signa re of Notary Public l OPTIONAL Though the information below is not required by law, it may Errove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Contract Top of thumb here Number of Pages: Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing Top of thumb here ®2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA f 1313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-676827 CALIFORNIA ALL-PURPOSE ACKNONNLEDGMENT State of California County of Santa Clara On 6/19/09 before me, Joyce IKcKenzie, Notary Public , Date Here Insert Name and TRIe of the Officer personally appeared Reinhold Brunn Name(s) of Signer(s) JOYCE MC KENZI~ Commission # 1598692 m Notary Public -California ' Y, ~ . Santa Clora County My Comm. Expires Aug 29, 2009 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/slie/they executed the same in his/her/their authorized capa.city(ies), and that by his/her/their signature(s) on the instrument the person(s), or .the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITIVESS m~ hand and official seal. Sign~~ture ~` ~ ~`~ .~~L-`-~--~~- Place Notary Seal Above Signature of N tary Public OPTION~~L Though the information below is not required by law, it may p. ove 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: Contract Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here Number of Pages: :signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: :gner Is Representing: Top of thumb here ®2007 National Notary Assodation • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1.800-876827 ExECUted In Triplicate Bond Number: 0700{37030 Premium: $3,370.00 Pxoject No. 2009-02 DOCUMFI~]'T 00G1~ CONSfiRUCTION Pl~~'Ox2MANCE BOND T1IlS CONSTRUCTION P;ERFORMANCIJ BOND (")3oztd") is dated June 2 3 , 2 0 0 9 is in the penal suzn o:~ Two Hundred Thirty-Four Thousand ~Chirty-One Do errs and 00/100------ --------------------------------- -----[which isos~.eJawtdxcd,pexceatoFtheCantractFnicel, azzd is etrtered inter by and between the parties listed below to ens+.tre the faitlxfiil pez~otznatzce of the Construction Contract listed Ueloiv. xhis Bond consists of this page art~3 the Bond Terms and 'Conditions, paragraphs 1 tlaxoitgh 12, attached to this page. Aztp Singular reference to B & B Landscape Contractors, Inc. ("Co:ntractor"), Liberty Mutual Insurance Com any {"Suret•r'}, the City o£ Cupertino, a Municipal Coxpoxation of the State of California {"City") or other patty snail be considered pltitz2X where applicable. CONT..RACTOR~ B & 73 ~ndsoapc ContrtcSyrs~ Inc. _ _ Name X50 Phelan Avezztte Address Sau Jyee CA 95112-250 City/St<~tte/Tip SUETY; Li erty Mutual Insurance Company 1r75e Berkeley Street Principal Place o#'BttSizzess Boston MA 02117 CitylState/Zip CONSTRUCTION CONTRACT: lYdEMOR~L PARK 80F'['1BA. LL I'TEI..D Sc LlliRe~I2Y >±'YEY,D IRRIIGATTON RENOVATION FROJTCT NUi1~IIiER 2009-02 at Cupeztitev, Cali forma. DATED , 20 0 9 in the Atnottnt of S 2 3 4 , 0 31.0 0 (the "penal S»") CONTRACTOR AS PRINCIPAL Company: {Co/rp~Seal) ,-~j ~ Signature ~//tJL%/~~ ~ t~~~/~'Z ~'i.~~1~-. T Nnnrce nd Titlc: ~~E~~~ ~ ~ ' u %(% 5UR11TY Cozrzpany: (orp, Seal) Signat~ue: ~ . Na~ncand.litlc:Danijela L. Mosunic Attorney-In-Fact __ BOND TERMS APHID COND~ONS 1. Contractor and Surety, ,joizitly and severally, bind themselves, their hairs, e.~ecutvzs, adutinistrators, snccessozs and assigns to C#t3' far the complete azzd ~rz~~er pcrformancc o~F the Construction Contract, tivbictz is iacozporated hezein by reference. 2. T:f Contractor complEtely and pzoperly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation tinder this Bond. 3. If there is no City Default, Surety's obligation tmclcr this Bond sl~zll arise after: 3.1 City has declared a ConL7aeter Default uzzder the Construction Contract ptiu'styant to the terms of the Coztstniction Contract; earl 3.2 City teas agreed tp pay the Aalassce a.€ the Car..tract Susn: 3.2.1 To Surety in. aceordancc ~,vitlt the terms of this 73ond and the Cotl.stnoctFOZI Contract; or City of Cupertino Manorial Park Softbal I Fielcl c~i J,il7rary la'ielcl Consiniction Pcrfouttance Bonn] lrrigetivn Renovation OOt~10 ~ 1 P.rojcct No. 2()(19-02 4. 3.2.2 T'a a coatrrrctnt selcetcd to perform the Cvnstn.~ction Contract iii accordanec tivi#h the teens of this Bond and tl]e Construction Contract. When City has satiaiied tt7e conditions of paragtaplt~ 3, Surety shall pxornptiy ('4vitltitt 30 days) and at Surety's e:cpcnse elect to take one of the following actions: 4,1 Arrange for Contractor, with cansettt of t,ity, to perform and complete tote Construction Contract (bttt .City array withhold consent, in tivhich case the Surely must elect azt option described in paragraphs 4.2, 4.3 ox d.~, below); or d.2 Undertake to perfazsrt, and complete the Constrtictiort Contract itself, through its agents or through ittdependextt contriictvrs; provided, that Bluely may not. select Contractorr as its agent or independent contractor without City's conscrtt; or 4.3 'Undertake #a perform and complete the Constntction Contract by obtaining bids from qualified contzactors acceptable to City for a contract .fez performance and corttpletzon of the Construction. Contract, and, upon detcrtuirtation by City of tl2e lowest respozt5t`ble bidder, arrange fox a contract to be prepared for execLtiion by City and the contractor selected with City's concttrtencc, to be seettrcd with performance and payment bonds exectrtec[ by a clua.lifted surety eeluivaIent to the bonds isSUed on tha Construction Contract; and, i:f Surety's abligtttions det'ined in. paragraph 6, below, exceed the Balance of the Contract 5nm, then Surety shall pay to City the ~notutt of such excess; or 4.;1 Naive its right to perform and complete, arraatge for completion, or obtain a nets contractor axtd tivitlx reasonable promptness under the cixeum:,tartces, . attd, after investigation artd consultatitort '4vitlr City, determine in good Taith its rt~onctary obli€;ation to City nn.dt'x p.'tragraph 5, below, fog the performance and completion of the Constntctiom Contraact arrd, ?S soon as practicable after the amount is dctennined, tender payment therefor to City with .full explanation of, the payment's calculation. If Gity aecep#s Surety's tender under rlris paragraph 4.~; City may still hold 5ttrety liable for Iuture d3ma$es then unknown or tttrliquidated resulting from the Contractor Aefaulk XF City disputes the amount of Surety's tender under this paragraph ~.~, City may °_xercise all remedies avttil.able to it a# lacy to enforce Snxery's liability tutder paragraph 6, beto~v_ 5. If Surety doe,5 not pxocectl as provided in patagrcrplt ~, above, tltcat Surety shall be deemed to be in d~attlt an this Boztd ten days after .receipt of an additional wxittext notice liom City to Surety dcmartding that Surety perfarrtt its obli,gatians under this Bond At all t,mes City shall be eptitlcd to enforce any remedy awtilablc to City a# lativ or trader t};c Construction Cozttracr including, tiviihout limitation, and by way of cxttutple only, rights to per£ortn worlt, protect 'work, rzzitiga#e clamn2ges, advance critical work to mitigate sehcdttle delay, ar coordinate work with other consultants or coattract:ors. 6. Sttxety's monetary obligation under this Bond is lirttited by the tlutount of this bond identified herein as the Penal Sum. This tnonet-uy obligariou shall augment the F3a1<~nec of the Contract Suzn. Sttbject to thesE limits, Surety's obligations tinder this Bond are commcnsttaate with the obligations of Caztbractor tutder the Construction Contract. Surety's obligations shall include, but are mot liuxited to: 6.1 'i'lte resgonsfbilitiea of Contractor under Ute Corastrttction Contract for completion of the Constntctiom Contract and correction of defective work; 6.2 The responsibilities of Contractor ttrtdcr ttre Construction Contract to pay Ligttzdated damages, and For damages for which no ligtticlated d<~unages are specil~ed in the Construction Contract, actua]. damages caused by non-performance of tUe Con,~-oetion Contract including, bttt not limited to, all valid and properbackcltvrgea, offsets, pflynlents, it2dFaunitie,5, or other damages; City of Cupertino .;.,.,,,._ Memorill Park 5tsftbaltle7d &~Libt~ Field °• Irrigation RenovstYion OOb:lt) - 2 Constnietion Performance Bond Project No. 2009-02 S.3 Additionitl 1ega1, design ptvf:nssioztal~nd d'e.lay costs resulting from Contractor Dal'ault or resuleing from the actions er failure~to ac't of the Surety under paragraph. 4, above (but e;ccluding attoraey's fees ittcztrred to enforce this Bond). i. No rigltt of acfioxt s1taJ.l accrue on this ,Bond to azz}~ person or entity other than City or its successors or assigns. 8. Surety hereby waives notice of azty change, 1J.tetation ox addition to fife Construction Contract ar to related subcontracts, pttrchssa oidars and other vbllQatioaxs, inelttding changes of time. Surety consents to aD terms of the Construction Contract, including provisiotas on clkvages to the Colttra,ct. Na extension of time, change, alteration, modification, deletion ox addition to ffte Cotltrtct Doctnncnts, ox of the work required thereunder, shall zelease oz e':conerate Sua~ety on this Bond or in any way affect the. obligations of Sazety ozt this Hoed. ~. Any prncccding, legal or Equitable, under this Bond shall tte instiCUted in any court of competent jurisdiction where a pxoceedixtg is pending bettvicen City an,i Cozttracwx .regattiittg the Construction Contract, or izt the courts ol'the County of Santa Clara, or iu a court of competent jelrisdiction in the location in which the work is located. Communications from, City to Surely tinder .paragraph 3.1 of this Bond shall be deenxed to include the neceaslry cozatracts tinder paragraph 3.2 of this Bond iutlcsg expressly stated otherwise, 10. All notices to Surety or Contractor slt~dl be mailed or delivered (at file address set forth on the signaritrc page of this Bond), and all .notices to City Shail be mailed or. delivered as provided in Document 00520 (Contract). Actual receipt of notice by Sttreiy, City or Contractor, however accomplished, shall be s~.~f~ieient eoxapltance as of the date receit;~d ~t the foregoing addresses. 11. Arty provision in this Bond eoi'dlietiug with. any :3attztory ar regulatory ret(uirement shall be deemed deleted 11erefrortt astd provisions conforming to such siafittery requirement shall be deemed incorporated lacrcin. J 2, Defi.nitzons. 12.:1 .Balance of fife Contract SuEn_ The toml amor:nt payabJ.e by City to Contractor parsuattt to the terms of the Construction Contract alter all .proper adjustments lk~ve been made under the Construction Contract, far e,zample, deductions for progress payments tnadc, and .increases/decreases foz approved modi$cations to the Consttvcti.~n Contract. I2.2 Cotistrucbion Contract: the contract bettis+cen City and Contractor idezxtified on the signattuc page of this Bond, .inC.Jazding all Contract Documents and changes tltereto. 12.3 Contractor Default; Material failure of Corittactoz, w.ltich has neither been remedied nor wflived, to pex.Form or otherwise to comply with the terms of the Construction Contract including, but not limited to, "default''' or any other condition aliawing ~ tezzzxixtation for cattle as provided in bocument 00700 (Gestezal Conditions). 12.4 City I?el~ault: Material faihtre of City, tvlvctJ. has neither been remedied n.vr tivazved, to pay Contractor .progress payanezzts due txttder fife Constntction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Dcs'ault and .is su:f,G.cien,t to ,justify Corttrtetar termination of the Consmiedon Contract. END Or DC CU1~lEN'I,' Cityo:F~tipeitino ~ . ?!ten~toriat Park Softball I'ickl ceL Lzbrary Field Constrttciion Perfonttat~.ce :~aat.d TIrrig~tion Renovation 006:10 - 3 CALfFORN1A ALL-PURPOSE ACKNOIINLEDGMENT ~~.c~.~~=~~-'~-~~rvr:~-~+.cr~~.cr.~;r~rcc =~cr,.cz~~=r.'-~r.,~:~~,Grz~-~.c~^~r~~.~r~ e.~c~m:.~c~.~.,~~:~c~.,~<..~e State of California County of Santa Clara On June 23, 2009 Date before me, Sarah M. Lorincz, Notary Public Here Insert Name and Tfve of the Officer personally appeared Danij ela L . Mosunic Name(s) of Signer(s) ~r nln~ _ _ ~ SARAH M. LORItJCZ Commission # 1805285 a =.-~ ~ Notary Public -California Z '~"~~ Santa Clara County Z `?~,. My Comm. Expires Jul 1, 2012 who proved to me on the basis of satisfactory evidence to be the persons whose name() ism subscribed to the within instrument and acknowledged to me that J~~st~eY~~executed the same in~"i lherIKauthorized capacity('~~, and that by her~t'~signature~ on the instrument the person(, or the entity upon behalf of which the personi~ acted, executed the instrument. I cer~:ify under PENALTY OF PERJURY under the laws of thE; State of California that the foregoing paragraph is true and correct. WITI'dESS my and and official seal. Signature Place Notary Seal Above Signature of Notary Puhlic OPTION~I L Though the information below is not required by law, it may pave valuable to persons retying on the document and could prevent fraudulent removal and reattachr,~enf of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Abave: Capaclty(les) Claimed by Signer(s) Signer's Name: ^ individual ^ ^ Corporate Officer -Title(s): _ Partner - ^ Limited ^ General Attorney in Fact Trustee Guardian or Conservator Other. Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: CI Individual CI Corporate Officer -Title(s):.` CI Partner - ^ Limited ^ General CI Attorney in Fact CI Trustee Ci Guardian or Conservator C' Other: Signer !s Representing: Top of thumb here 02007 National Notary Association •9350 De Soto Ave., P.O. Box 2402 •ChatsworlFs, CA 91313-2402• www.NationalNOtaryorg Item x5907 Reorcler. Cal€Toll-Free 1,800-876.6827 Bond Number: 070007030 Executed In Triplicate Premium Included In Performance Bond Projcat No. 2009-02 DOCiIM1ENT' 00620 CONSTI2iTC~ON L,ABO.~t AN;D z1%IATTIt,IA.L PA,XN~NT BOND TH.ZS CONSTRUCTION LA130R AND MATERIAL PAYMENT BOi~fD ("II~ad") is dated June 2 3 , 2 0 0 9 is in ~g pen~lsuznTwo Hundred Thirty-Four Thousand Thirt -One Do ors an 00/100 [one hundred percettf of the Contract Prlcc7> an8 is entered itzto by and betw~n the pubes listed below is ensure the paytneztt of claimants under the Construction Contract liste~3 bela~v. ~'ltxs Band consists of tlzia page and the Bond Terms anal Conditiens paragraphs 1 through 1~, atta~;hed to this page. Any sizzgular reference to B & B Landscape Contractors, Inc. ("Co>U~zactor"); Liberty Mutual Insurance Company ("Surety"), Oae Cxiy of Cupertino, a lvlutucipa] Corporation of the Stag v:C CaJiforzua ("City") or other party shall be considered pluril whexe applicable. CONT'RAC'TOR F3 ~ $ .Ltttzdsca»e Contractors. Iinc. Name 450 PI`zelFZn Avenue _ _ -- Address Sett Jose. CA, 9~11z-2504 _ City/5tateJZip St~TX: Li erty Mutual Insurance Company Name 175 Berkeley Street Principal Place of'Bttsiness Boston, MA 02117 City/State/Zap CONSTRi7CT [ON CONTRACT: IV.i.7a'lV)CORTAt<.PRRK SOl~`7'SA~.I~ i?~T,A cei LY1~R-A.~,X +~LD .>~i~tIGA~TION ~IYOVA,'PION J'ltLO:TIs'.C"I l`IfJIV)~Tt,)<t 2009-02 at Cupertino, Califorukz. DATED , 20 0 9 iuz the Azrzount oi` S 2 3 4 , 0 31.0 0 (the "Penal >5nin") CONTRACTOR AS PRINCIPAL company: (carp, Se~~) Signature: ~~G~lz~/~/ t-/r/<~Z ~~~`Z~" Name an ztle: ~~ ~! !-^ ,~%ZG(ltl/I!' SURETY Company; (Corp. Seal) Signature: ~ NanzcandTztle: Danijela L. Mosunic Attorne -In-Fact BOND ')r't~~1VIS AtJD COl~il).ITIONB 1. Contractor and Surety, jointly and severally, bind faoczzselves, their heirs, executors, adnni.Ufstrators, succESSOrs and assigns to City attd to C]aimanrs, to pay for lobar, materia]s and egiupment furnished for use in the perfornranco of the Conctrnction Contract, which is incorporated herein try re.#'erence. 2. Wiflt respect to City, this obligation shall be null and void if Contractor; 2, l Promptly males payrrzerzt, directly or indirccely, for all soots due Clairnant,5; and 2.2 .Defends, inclerruvfies and holds harmless City from all cltims; demaztds, liens or suits by auy person or entity tivlto ftzrnisZzed labor, materials or cgiupmer~t for use in the performance of the COnsir~xCtion Contact, provided City leas promptly notified Contractor and Surety (at the address set forth on the signaf7,rc page of this Bond) o:E any c]alrrts, detirtu,ds, Bens or suits and rtcndered defense o:f s~.~ch claims, demands, ]ions or scuts to Contractor and Sti~retY, azxd provided there is no City I~efa~.ilt. City of Cupertino ivlGtnorial Park Softball Field cPi .Library Ficid OOb20 - 1 Conslructiozz T aboz~ and iUlatezzal Irrigation Renav~ttion Payment Boncl Project No. 2009-02 W?tb. respect to Claimants, this obligation sba31 bps msll and void if Contractor promptly makes payment, directly ar indirectly through its Subcontxactars, for all sums due Clafanaztts. Tf Contractor or' xts SubcDntractors, however, fail to pay any of the persons natrted :in Section 3181 of the California Civil Code, or arztouzzts dire under the Unetztployinent Itasutnnce Code with respect to Woxk or labor petfonned under the Contract, or :for any amounts regtuixxed to be deducted, withheld, and paid over to the Employment ;Development Department froth the wages of employees of Coxttracior or Sttbcoutractors pursuant to Section 13020 of the UnerzrploymenL Instrz~ztce Code, tivith xespcct.to such WoxlC and~labor, tltcn Surety sIta11 pay fortl1e same, and also, in case suit is brattght upon this Bond, a r~soz~.able attorney's fee, to be fixed by the corut 4. Consistent with the California Mecbattic's Lien L,aw, Civil Code §3082, et seq., Surety shall have no oblligation to Clvmants under. ~t3t7s Bond tmlcss the Gtaimant has satisfied all applicable notice requirements, 5. Surety's total obligation sh<,tll not exceed lire arco+.mt of this Bond, and -tile amount of this Bond shall be credited :Fox any paymen#s made in good faith by Surety under this Bond. 6. Amounts due Contxaciar ender the Constntction. ContMCt sl~-rll be applied ftrst to satisfy claims, if airy, trader any Construction Perforaxaarlee Bond and second, to satisfy oUligations of Contractor and Surety under this )3otzd. 7. City sha11 not be liable for payzrtexat of any costs, ~s:Gpenses, ox attorney's fees of any Claimant unde,C this Sond, and shall have larder tttia Bond no obligatioUS to make payments to, give notices on beltaif at; or otherwise have obligatiozts to Claanants trttdez Phis >3ond_ S. Sttrcty hereby, tivaives notice of any chaztge; including channes of tune, to the Construction Contract or to related strbcoz~txacts, purcv3se orders and outer obligatioaas. Surety fiuther hereby st~pttlates and agrees tha# no change, extension of time, altcratFan or addition to. tare terms of the Construction Contract, or to ilte Work to be performed thereunder, or ruatetials or cgtripment to be fvznished thereunder or the Specifications accotnpat~ying the same, slutll ire, any stay af€ect its obligatiatta under this Bond, and it does hereby tivaive any regiurement aF. native or atty such chauge, e~ttetision of time, alteration or addition to the terms of the Consfxuetaon Contract or to the Work or to the Specrfieations or any other cli<~rnges. 9. Suit against Surety on this Eond may be brought by arry Claimant, or its assigns, at azcy time after the Claimant ltas .furnished the last of the labor ox materials, or hoth, hula per Civil Code §3249, .must be commenced before lire expiration. of six months after the period in which stop notices may be filed as provided in Civil Code y~3184. 10. All notices io Surety or Contractor shall be mailed or delivered (at the address set forth on the si2nahrre page of taus Bond), and all natYCes to City shall be bnails:d or delivered as provided irl Docuruent 00520 (Contract). Actual .receipt of notice by Siu'Ety, Ciry or Contractor, .however ttccomplislted, shall be srtfiicient compliance as o:F the date received at the foregoing addresses. l l , This Bond has lsecn ftunzs]xed to cozttply with the California Mechaztic's Lien Law including, but .not ltrttited 10, Civil Code §§3247, 3248, 2t serf. Any provision i?~. this Bond conflicting with said ,statutory requirements shall be deemed deleted herefrorrr and provisions canfonuing to such stahitory ar other legal regttiremerrt5 shall be deemed incoxpor,•rted lrereirr. Tine intent is drat this Bond shall be construed as a s~ttutoty bond and not as a com~znon l.aw bond, 22. Upon reclttest by any person or entity appearing to be a ,potential bencbciary o:F this l;ond, Contractor shall prorn~ptly:fitrnish a copy o:ftlvs Bond or shall permit a copy to be made. 13, Contactor Shall pay to persons perfortnittg lobar in and about Work provided foi in the Contract Doecunents au amorrrtt ettuat to ©r .rztore tlturz the genertl prevuilin8 rnte o.F per diem wages 1'ox (I) work of a similar character in the locality in tivluch tl:te Work is perfarn2ed and (2) .legal holiday arzd overtime wont in said locttlitq. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a scltedtrle that has bee•o. City of Cupertino Metnefisl Park SoRball Field ~4c Libr'try Field 00520 - 2 Irrigiiiion. Renovation Constntction Labor and Mateaial Payrrrezu Bond Pxoject No. 2009-02 ascertained and iletcrnuned by dzc Director of [Ize State Department of industrial Relations and City to be life general prevailing xate of per diem wages i'or each craft or type of warl~n-an or mechanic needed to execute this Contract Contractor shall nlso c<~use a copy of this detezzt'iit7ation. of the pzevlilirtg rate ofpet diem wages to be pasted at each Site. 14. Definitions. 14. ). CIaimazit:. An individual ox entit,~ having; a dixect contract with Conbrtctor yr with ~ Subcontractor of Corllxactor to fzuxiish labor, materials o:r equipment for use ia~ the petForariaricc of the Contract, as :Ctnther deixzted in California Civil Code §3181. 'Fhe intent of this Band shall be to include without lxzzridarion in the terms "ialsox, materials oz etltiipmen~' that part of wales, gas, power, light, heat, ail, gasoline, telephone service or recital equipment used in the ConstrtFCt~on Contract, architectural trnd engineering services required for peiforn~lnce of the Woxl~ of Contactor and Contractor's Subcontractors, and all other items for which a Stop notice might he asserted, ~'he term Claimant shall also include the Uxiemployincnt Developraetat Department as referred to iao. Civil Code §3248(b). 14.2 Construction Contract: The contract bat6~ean City and Coattractoz identahed on ttie signature page of this Bond, including a>a Cozitract Documents and changes thereto, 1.4,3 City Deii~~,tlt: Ma#eriai f~uiture of City, tivhich has neither been rcunedicd nor waived, to pay the Contaactor as retlvixExl b~+ tl}c Construction Contract, provided thatfailuxe is the cause of the failure of Contaactor to pay the Claimants and is su'iCeient to justify ternvnation of the Construction Contzact. END OF DOCLT~LENT City of Cnpenino ..: Men~.orial park Soitblll Field & Library Field .00620 - 3 Construction Labor and Material trri~aEion T2enov~ttion Payment Band CALi~fORNiA ALL-PURPOSE ACKNOWLEDGMEN'~ ~~;n-~.c~~'~r~`~~..~r!-r.~.~~~.c^z{r~r~w~rTr-,=~->r~~ru-~~~c~^w~C.~.c~~~ r.G~:~~~.~r~~r~+N~r State of California County of Santa Clara On June 23, 2009 before me, Sarah M. Lorincz, Notary Public Date Here Insert Name and Tltle of the Officer personally appeared Danijela L. Mosunic Name(s) of Signer(s) _~~ SARAH M. LORINCZ ' Commission # 1805285 ~-~- ~, Notary Public -California = Z Santa Clara County My Comm. Expires JuI 1, 2012 Place Notary Seal Almve who proved to me on the basis of sa#isfactory evidence to be the persons whose name( is7 subscribed to the within instrument and acknowledged to me that ]~$QsheY~~executed the same in}~"i lher(Kauthorized capa.city{~~, and that by herl~~signature(~ on the instrument the person(, or the entity upon behalf of which the person(~j acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of tha State of California that the foregoing paragraph is true and correct. WITLESS m and an`d~offijcial seal. Signature „ Signature at Notary Pu6fic OPTION~1 L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer{s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ^ lndividual ^ Corporate Officer -Title{s): - ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer is Representing: Top of thumb here Number of Pages: Signer's Name: Ci individual CI Corporate Officer -Title(s): _ Cl Partner - ^ Limited ^ General CI Attorney in Fact CI Trustee D Guardian or Conservator C Other: Signer is Representing Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 24D2 •Chatsworth, CA 31 3 1 3-2402• www.NationalNOtary.org Item X5907 Reorder: Cal€Toll-Free 1.800-876.6927 2414708 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON FLED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint FRANCIS E. COOK, CHARLES M. GRISWOLD, RONALD G. SPENO, DANIJELA L. MOSUNIC, ALL OF THE CITY OF SAN JOSE, STATE OF CALIFORNIA .................................................................................................................................. each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other suretyry obliggations in the penal sum not exceeding FIFTY MILLION AND 00/100******************** _ DOLLARS ($ 50,000,Q00.00***** )each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the foilo~ving By-law and Authorization: ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretar)~. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances anti other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 16th day of September 2008 ' LIBERTY MUTUAL INSURANCE COMPANY Byt~ .~ i,/_ ~~~ Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 16th day of September 2008 ,before me, a Notary Public, personally came Gamet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed thec~orporate seal of Liberty Mutual Insurance G~mpany thereto with the authority and at the direction of said corporation. IN TESTIMONY WHERE~~f~ rle,f~e unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ~tv~ c~r~~a~iraw~a~.°rri ~~ ~en~r~; .v~~v ~ Try t ~~ gy /Q'.cZ~~.~(-oC~ ~, ,~ , ~cxs Ter sa Pastella, Notary Public r CERTIFICATE `"^~ f.~~mbi€r, t ~nnsyf.~anEx 9s~sociaidan at ~a arses - a . I, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company, Rio hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the cf~airman or the president to appoint attorneys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimil~a or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, ~~~ hereunto subscribed my name and affixed the corporate seal of the said company, this 23rd day of une r._._ By r Davi M. Carey, Ass' 't Secretary ProjcctNo. 2009-02 INSURANCE ACREE71'XEl\T'~' i A. Conrtractor is aware of the provisions oi' Section 3700 of the Labor Cade, 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 coznmencina the performance of the work: of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the .protection. of its erzsployees during the pros~ress of the works The insurer shall waive its rights of subrogation against the City, the City's of£cers, agents anal eznployces and sb.al] issue an '~ endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, comnrxercial general liability innsurance, autbrnobi;le liability insurance and builder's all risk irsurance. All insurance coverage ~ shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a i form prescribed by tlae City and shall be u.ndezwritten 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. S:iid insurance coverage obtained by the Contractor, e~ccptirzg worker,'s compensation coverage, shall name the City, ita estgin.eer, and each of its director. s, officers, agents and empl.oyeES, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of Ca1tfornia. 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 Cntide Rating or that is otherwise .xccepta.ble to the City. D. Before Contractor performs any worlc cot, ar prepares or deliver$ materials to, the sitE of construction, Contractor shall furnish cartificatk~s of zasuzance evidez~.cirxb the foregoing insurance coverages and such cert~cates 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 znodifzed without flatly (30) days written notice to tkze City. Contractor shall .maintain all of the foregoing insuvance coverages in. force until the work under tlv.s Contract is fully completed. '1:'hE retluirement for carrying the foregoing insurance shall not derogate from the provisions for indemnifscation of the City by Contractor under tlus Contract and for. the dust%on of the warranty period. Notwithstandi.~ag nor d.tminisltsng tb.e obligations of Contractor tivith respect to the foregoing, Contractor shall maintain in fill force and effect during the life of this Contract, the following insurance in amounts zlot less than the a.maunts specified and having a Best's Guide Rating of A, Class VII or better or that is otheruvise acceptable to the City. City of Cnpexlino Memorial Park Softball. yield ~i LiUruv Field ltxigation Renovation 04530 - 2 Insurance Forms LI~~~s Project No,~2009-02 Worker's Compensatioxr In accordance with the Worker's Compensation &~ Employers' Liability Act of the State of Calii'orraia - Worker's comp "statutory" per CA Law; Employers' .Lrabillity $1,000,000 per occurrence. Clexzexal .Liability -commercial general liability; Cowbined single limit of $2,0 zaaillron per including provisions for contractual 1rability, occtu-rence; $4.0 million in the aggregate personal injury, independent contractors and products - coxnpleted operations l~zaxaXd. lli~tomobile Liabillity - corriprehensive covering Combined single limit of 51..0 million per owned, norz~owned and hired. automobiles; occurrence. B & B Landscape Contractors, Ino. 450 Phelan Avenue San Jose, CA 95112 Phone (408) 573-9430 Fax (408) 573-8343 (Contractor's Narnc) ~_ ~ l3atec; ; ~ - _ 2,5 ~ ~~ 20 City a:E Cupertino Men,otial Park Softball Field & T ibrary Field irrigation RenwatiAn 00530 - 3 tnsw~,tice Farms Pz~oject No. 2009-02 CEI~t,';'Zk'TCATT!; OF TIYSUR~S.NCL 'x'O TI;I,E CZ~.'Y OI+' CU)Q'~2'Z`A~TO This certiftes to the City of Cupertino that the following described policies have been. issued to the. ix-surcd named below anal are in force at this time. Insured: B &~ na dsca~e Sontractor Inc. Address: 450 Phel n Aven a ___ San Jose, CA_ 951 2 Description of operations/1.oeations/products insured (show contract name and/or number, if any): Memorial Park Softball field & Library_FjPld Project #2009-02 Irrigation Renovation WORKER'S COMPENSATION * Statutory:l\Qin. * :Employer's Insurance Co of the West Liability (name of insurer) $1„000~_C~_ $ _1,Q00,000 $ 1,000,000 Insurance Compa.tiy's State Z ;cease No. 27847 Check Policy Type: .Each, Occurrence $ 1.000, 000 f.X7 Premises/Operations [ X] Otivners ~ Contractors Protective [ ~ Contractual far SpeciiYc Contract ,$ [X~ Products Liability [ X~ XCU Hazards Xl Broad I^ orzx~. P,D. [ X] Severability of Interest Cl~iuse General A~Qregate x_2,000 000 (if applicable) AggrE:gate _ products $_2.000.000 & Completed Operations Persona] Injury $1,000,000 Tire Damage (any one fire) $100.0.00 ~ ( 1 Personal Injury with Mecli<;al T'xpense $Fxrli,rled Etnplvyee Exclusion Removed (any cme person) or ~'~""~dDeductible COM1.111;ERCIAL GFNE1zAL LIABILITY ~ S 5.000 Scottsdale Ins Co _ , (name of insu.rcr} Policy No. BCS0018160 Expiration Date 04/01/10 Ciry of Ct~~eTiino Mctzlorial Paxlc ~5ottball Field & Library Fie]d Irai,~ation T.tencyvation 00530 , ~ Insttranco Forn~s Project No. 2009-02 A.U'I'OMbTIVE/VET~C.LE LIABILITY Commercial For~rri Liability Coverage ColdPn F~ql Ins oro (name of insurer) Each Accident BODILY' INNRY Each Person I'ROPLRTY DAMAGE Each /~.GGldetlt or Combined. Single Limit ~ 1.000,000 Policy No. BA8639439 Expiration .Date 04/01 /10 -~..~.~ _~~_-_____..._..^-~m~-- - - ---~-~----- BUILDER' S i•ZISK "A.T..L RISK" This i.s to certify that the following policy has bcexr issued by the below-stated company in conformance with the requiretn.ents of the project ciocwnents and is in force at this time. ~I/A (Name of insurer) Policy No. __ ____ . _ Expiration Date _______ _ Litzrits of Liability; .beductible: (agent's initial) A copy of all Endorsements to the paIicy(i.es) which irr any way limit tho above-l.istecl types of coverage are attached to this Certificate of Insura~~ce. This Certificate of .T.nsurancc is not an insurance policy and does pat amend, extend or alto the coverage afforded by the policies .listed hereir.~. Notwithstanding any requirement, term, or condition oi:' any contract or any other docuzz3.eot with respect to which this Certificate of Insurance' may be i.S,rued or may pertain, the insurance afforded by the policies d.escribcd herein is subject•to all the terms, exclusions and cerkditio.us of such policies. IT IS HEREAY CERTiF~Gi7 tb.at the above policy(ies) provide liability insurance as required by tlae ~greeme~t between t pity and the insured, / f _ By: l~l~'~c~ ' ?~r`~L~'2=- Dated: CG' ~" ~~~ 20C II Attach Certificate of insurance and Additional T.nsured Endorsement on company 'forms, City of Cupertax-o Ivteinoria] .P<1rk. Softball Field &. Li"lsrary Field Irrigation Renovation 00530 - S insc~rznce Focros I'~'ojcct No. 2009-02 A,DDI~'TONAL l.1wTSUI2]GD ENDORSENT„~NT and ENDOI[~S1v~ENT '()F Pla7fIYI.A.ItY fNNSURA,NClE and NOTICU+ O:F >PO><,,XCX CANCIC~,A~TION ENDORSE1VdENT Project Title and Number: Memorial Park Softball Field & Library Field Project #2009-02 Tn cottsi.deratipn of the policy premium, and notwithstanding any inconsistent statezrtent i~a the policy to which this Endorsement is attached or ariy otk~cr Endorsement attached thereto, h is agreed as follows: The City of Cupertino ("City") and its clire.etors, officers, engineers, agents and employees, and all public agencies from whom permits will bE: obtained and their d'ir'ectors, offrcers, engineers, agents and ezxzployees, and the State of Califarzua, and its officers, agents and employees, are hereby declared to be additional insureds under thf: terms of this policy, but only with respect to tl3e operatiozts of the Cotttraetor at or upon any of the premises of the City in connection with the Contract with the City, or acts or orza.issioz~.s of the additional insureds in connection 'with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, atad no additional insurance held or owned by the designated additional insureds) stzall be called upon to.cover a loss under said additional policy, CancellRtl<o.rt lolotice. The insurance afforded by this policy shall not be suspetzded, voided, cartcelcd, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior. written notice by certii:iecl mail, returx- receipt requested, has been given to the City oi` Cupertino ("City"}. Such notice shall be addressed to the Cit:~ as indicated below. POLT.CY T1~'O~2IVLATION 1,. Insurance Company: Scottsdale Ins ~o Z. Insurance Policy Nuztaber: BCS0018160 3. Effective Date of this Endorsement; 06-19 200 4. Insured: B & B Landscape_Contractors. Inc. AJ.1 notices herein provided to be given by the hnsuxaa.ce Corzapany to the Clty ib connection with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre ,~vez~ue; Guperl:ino, California 95014, l:, L~,~lra Freeman (print/type name) City ck Cirpe;i:ln~ Ivle#ztb,ritil. Park Soitbail Fiaid c~ Library Field Irrigation Kenrn+ation 00530 ~ l Ir~suronce T'orms Prof ect A1'o. 2009-02 ~x-arrant drat Y have authority to bind the below listed Ynsurance Company and by my signature ~' hereon do so bind this Company. ~J ( ,j ~ Sigxrature of Authorized I.tepresentative:~~'~~ ~ /~-~~ ~'~ `~ ~'~ (Original sigi~atilre required o~. all EndorsennEnts ~uriZlshed to the 37istz~ct) Names of Arthur J. Gallagher & Co. Agent/Agency: Insurance Brokers of CA, Inc. Title:Senior Account Manager (Address: One Almaden Blvd.,_Suite 960 San Jose, CA 95113 ("iiy of ~uperi3no Memarlal PBrlc SoftbSli FieJ.d & Libr.~.r;y Pietd Irrigation Re~n.ov~tion 00530 - 7 Telephone: 408-973-9500 Facsimile: 408-257-2985 Insurance Forans Project No. 2009-02 CON,I~PREHENS][V~ G~1~RA.~. )L)iA,BILITY CON~IVl[PRCJAL GEI~TERAL LL4BZL~`Y ENAORSEI.VLENT OF AGGREGATE LIl1~TI'S of ><NSURA.NCE l~'~~ PROJECT Project Title at~.d Number: Memorial Park Softball_ Field & Library Field Project #2009-02 In cozasideration of the policy premiuxzt aid notwithstanding r~ny incozJ.5istent statement irn the policy to which. tiuis Endorsement' is attached yr any other Endorsement attached thexeto, it is as :follows: Tlus Endorseznerzt modifies the irasura~n.ce provided under the General liability Coverage past of the below-rEferenced policy of. insurance. The general aggregate limit wader :L;LI.VATS 0:4 INSURANCE applies separately to the. pzoject described as Memorial Park So ball Field & Library Field Protect #2009-02 :l'OL.T,G`X 1NFOIdMA..'I'IOi'd 1. ItZSUrance Cozxipany: 2. insurance Policy Number: BCS0018160 ~,~ 3. L~I'fective Data of this Endorsement: 06-19 Zp~T 4. insured: B & B Landscape Contractors. Inc. 5. Additional znsured: City of Cupertinq its directors, officers, agents and exriployees. A!1 notices herein provided to be giveri~ by tb.~ Insuxanee Company to the City itt connection with this policy and this Endorsement, sha11 be mailed to ox delivered to the City at 10300 Torre Avenue; Cupertino, Cali:Coxnia 95014. >~ Laura Freeman (printltype name) ',warrant that I have autl~.vrity to bind the below ]fisted ;[nsurexxce Compauy amd by my signature hereon do ~ so bind this Connpany. "' ~~ !Signature of Atttliorixed iZepresentative: ~ ~ ~-G!~ ~ ~'~~!>~~.~-t'-~.~ (Original signature required on all Endorsements fiunished to the District) Names o:f Arthur J. Gallagher & Co. 'AgentlAgency: Insurance Brokers of CA Inc. ~ Titlo:Senior Account Manager 'Fl.ddress:_ One Almaden Blvd., Suite 960 _ Telephone: 408-973-9500 „-~~ San Jose~_CA ~.5'~13 _ racsimile: 40~g5 city o~ Cupertino Metnoriat Par1C St~iiball Field & J~ibrary'~iclrl Irrigation Renovation 00530 - $ Tns~.trance Fozms Project No, 2009-02 WA.1[VFit OF SUBROC,A,TI<ON ENDORSI~NT ~VO~{F:R'S COMPENSATJON TNSUR~S;NCF Project Tine and btttmbex: Me orialpa_r~~ftball Field & Libre Field Project #2009-02 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this EndorsezxzEnt is attached ox atiy other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, t?xo insurance Coznpauy waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, ,consultants and ernployees by reason of any payirzent made on accoiuit of, injury, including deash 'i resulting tkzexefxorn, sustained by any employee of the insured, arising out of the performancE of the above-referenced Contract. P+OIG~CX TJVx+'ORMA,T>;ON ,l. Insurance Coxnpauy: Ins~ran o of th -West I~ 2. Insttrarzce Policy Number; WPL174320104 3. effective Date of this Endorsement: OED 1 g 20 09 4, insured: B & B La2dscape Contractors, Inc. All notices herein proirided to be given by the lnsurartce Company to the City in connection with l' fibis policy and this Endorseme>L1t, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, Califarn:ia 95014, j I, Laura Freeman (print/type name) wan-ant that I have authority to bind. the below listed Insurance Compazay and by nny signature bcreon do so bind this Corrzpany. Signature of. Authorized Representative: i `C ~~'~C'~ ~~Y~~'L.~?--c~~d~~Z7-z-- (Original signature required ozt all; EndorsemetYts furnished to the Aistri.ct} blames of Arthur J. Gallagher & Co. Agent/Agency: I~r durance Brokers of GA, Inc. _._.,. Title _Senior AcGOUnt Manager Address; One Almaden_Blvd.. Suite 960 ,_ San Jose, CA 95113 - G~ty df Cupcxt.in0 Memorial Park Softball :Meld & Library Field Irrigation I2enov~tion 00530 - 9 Telephone: 408-973-9500 Facsimile: 408-257-2985 Insuracce Forms ACORD CERTIFICATE OF LIABILITY INSURANCE 9) ,M 06/25/0 PRODUCER LIC #0726293 1-408-973-9500 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers of California, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR one Almaden Boulevard , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite #960 San Jose, CA 95113 I~JSURERS AFFORDING COVERAGE NAIC # INSURED 8 & B Landscape Contractors Inc INSURERA:SCOTTSDALE INS CO 41297 , . INSURER B: GOLDEN SAGLS INS CORP 10836 450 Phelan Ave. INSURERC:INSIIRANCS CO OF THS WEST 27847 San Jose, CA 95112 INSURER D: INSURER E: ~.uvrrcwi~ra THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIIJ IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR POLICY NUMBER POLI(:Y EFFECTIVE DATI? MM D POLICY EXPIRATION D TE M D LIMITS A X GENERAL LIABILITY BCS0018160 10/01/08 04/01/10 EACHOCCURRENCE $1,000,000 g COMMERCIAL GENERAL LIABILITY DAMA ETORENTED PREMISES Ea occurence 100,000 $ CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ EXCLIIDED PERSONAL&ADV INJURY $ 1, 000, 000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PR~ LOC B AUT OMOBILE LIABILITY BA8639439 04/01/09 04/01/10 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X Scheduled Autos Ded: AMAGE O $ X $1X Comp / $1KCo11 (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: qGG $ A EXCESSIUMBRELLALIABILITY XLS0054659 10/O1/OB 04/01/10 EACHOCCURRENCE $5,000,000 X OCCUR ~ CLAIMS MADE AGGREGATE $ 5, 000, 000 DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND WPL174320104 04/01/09 04/01/10 X WC STATU- OTH- ' T RY T EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? If ib d d E.L. DISEASE-EA EMPLOYEE $1,000,000 yes, escr e un er SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS (LOCATIONS /VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPI?CIAL PROVISIONS RE: Project #2009-02 Memorial Park Softball Field & Library Fi=_ld - Irrigation Renovation. Additional Insured (General Liab) and Waiver of Subrogation (W~~rkers Comp): The City of Cupertino ("City") and its directors, officers, engineers, agents and em;~loyees and all public agencies from whom permits will be obtained and their directors, officers, engine~ars, agents and employees, and the State of California, and its officers, agents and empoyees. *AMENDMSNT OF THE CANCELLATION CLAIISE ON THS CERTIFICATE DOSS 1IOT APPLY TO WORRSRS COMPENSATION POLICY CERTIFICATE HOLDER CE~NCELLATION *lo Days Notice for Non-Payment of Premium Pr'OjeCt 2009-02 McIDOrial Park SIIOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORETHEEXPIRATION City of Cupertino DATE THEREOF, THE ISSUING INSURER WILL L~~rMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~ix~~~I~Xt~X 10555 Mary Avenue ~~~~ ~Yi11R~K{~~~$KiC9~8i{X Cupertino, CA 95014 ACORD 25 (2001/08) janlori 12347844 TIVE IISA I /7 //// /1~. ~(.!tifri7'N: r,G,r_ J ©ACORD CORPORATION 1988 IMPORT"ANT If the certificate holder is an ADDITIONAL INSUREC~, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or F~roducer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. HI.VKV L, (LVVI/U8~ Policy #BCS 0 01 S 16 0 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - AUTONIATIC STATUS WHEN REQUIRED IN CONSTRUCTIOiV AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY OVERAGE PART A Section II -Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with re- spect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the. performance of your ongoing operations for the additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. CG 20330704 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. 'Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, an the project (other than ser- vice, maintenance or repairs} to be per- formed by or on behalf of the additions! in- sureds) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any parson or organization other than another contractor or subcon- tractor engaged in performing operations for a principal as a part of the same project. ©ISO Properties lnc., 2004 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: Page 1 of 1 ^ fgenCs Co{~y POLICY NUMBER BCS0018160 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POlJCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIAI3ILITY COVERAGE PART SCHEDUf~E Name Of Additional Insured Person(s) Or Or aniza6on s : location And Descri tion Of Com feted O rations ANY PERSON OR ORGANIZATION ALL LOCATIONS WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY Information r wired to com lete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who is An insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but onty with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by 'your work" at the location designated and described in the schedule of this endorsement performed for tha# additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page i of ~ t'~ FyenCS Cr. py 1~ SCOTTSDALE INSURANCE COD~IPANY° Attached to and forming a part of Policy No. BCS0018160 Named Insured B&B LANDSC __ _ ENDORSEMENT NO. Endorsement Effective Date 10-01-08 12:01 A.M., Standard Time No. THIS ENDORSEMENT CHANGES THE POI_lCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, !_ESSEES OR CONTRACTORS SPECIAL COIV DITION For coverage provided in the following endorsements as indicated by an "x" in the box below: Additional Insured-0wners, Lessees Or Contractors~cheduled Person Cyr Organization (CG 2416). Additional Insured-Owners, Lessees Or Con7actwsrAutomaGc Status When Required to Construction Agreement With You (CG 20 33). Additional Insured-Owners, Lessees Or Contractors-Completed Operations (CG 20 37). The insurance provided is amended to 6e (indicated by an "x" in one box f>elaw): Primary and noncontributory. Primary. Noncontributory. AUTHOFZJZED REPF2ESENTATtVE PATE GLS-294s (4-08) Page 1 ~>f 1 Pr3enis Gpy POLICY NUMBER: BCS0018160 COMMERCIAL GENERAL LIABILITY CG ZS 03 03 97 THiS ENDORSEMENT CHANGES THE POLIC'tr. PLEASE READ TT CAREFULLY. DESIGNATED CON5TRUCITON PROJECTS) GENERAL AGGREGATE LINIIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEA UL6; Designated Construction Projects: ALL PROJECTS (Ifno entry appears above, informationrequired to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For alI sums which the insured becomes legally obligated to pay as damages caused by "oceur- rences" under COVERAGE A {SECTION I), and for all medical expenses caused by accidents under COVERAGE C {SECTION I), which can be att- ributed only to ongoing operations at a single des- ignated construction project shown in the Schedule above: I. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated wnstruction protect, and that linut is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Lunn is the most we will pay for the sum of all damages under COVERAGE A, ex cept damages because of 'bodily injury" or 'property damage" included in the "produets- completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of. a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing '~SUits". Any paymentsmade under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Suchpay- ments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Pro- ject General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construc- tion Project General Aggregate Lieut. B. For ail sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Sched- ule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available un- der the General Aggregate Limit or the Prod- ucts-Completed Operations Aggregate Limi#, whichever is applicable; and Z. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. G When coverage for liability arising out of the 'products-completed operations hazard" is provided, any payments for damages because of 'bodily in- jury" or 'property damage" included in the 'pro- ducts-completed operations hazard" wilt reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Proiect General Ag- gregate Limit. CG 25 03 03 97 Copyright, Insurance Services Office, Inc, 199b Page 1 of 2 D P,ganCS Copy D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 oft Copyright,Insurance Services ~~ffice,Inc., 1996 CG 25 03 03 97 ^ P~enrs Copy WC 99 06 34 WORKERS COMPENSATION AND EMPLOYERS LIABILITY' INSURANCE POLICY (Ed. 8-00} WAIVER OF OUR RIGHT TO RECOVER FROIV! OTHERS ENDORSEMENT -BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We wil[ not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shat! be otherwise due. Person or organization ANY PERSON / ORG WHEN REQIIIRED BY WRITTEN CONTRACT 3 % of the total California Workers' Compensation premium Sched ale Job Description ALL CA OPERATIONS This endorsement changes the policy to which i# is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsc:rent is issued subsequent to prepara#ion of the policy.) Endorsement Effective 04-01-09 Policy No.WPL174320104 Endorsement No. Insured B & B LANDSCAPE CONTRACTORS Premium $INCL. Insurance Company INSURANCE COMPANY OF THF~ WEST t~ountersigned By __ WC 99 06 34 (Ed. &00) ~xooucst SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 06/25/09 NAME OF INSURED: 8 & B Landscape Contractors, inc. Additional Description of Operations/Remarks from Page 1: Additiona I I nformation: Includes: General Liability Form(s): Additional Insured per Attached CG20330704 and CG20370704. Primary Wording per Attached GLS-294s(4-OS). General Aggregate Limit per Attached CG25030397. Workers' Compensation Form(s): Waiver of Subrogation per Attached WC990634(8d.8-00). aurr (ua~u4) Project No. 2009-02 DOCUMENT 006 30 GU.~RANTY TO THE CITY OF CUPERTINO, a Mtuicipal Corporation of the State of California ("City"), for constniction of MEMORIAL PARK SOFTBALL FIELD & LIBRARY FIELD IRRIGATION RENOVATION CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment uicorporated therein. Contractor hereby grants to City for a period of one yeas following the date of Final Acceptance, or such longer period specified in the Contract Documents, its tmconditional warranty of the quality and adequacy of all of the Work including, without limii<ztion, 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 constihrte 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, airy 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 flee work of others resulting therefrom. If Contractor fails to promptly comply tivith the terms of such instrnctions, 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 outsidf; the correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of an} of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided tinder the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own elpe;nse, replace or repair any such equipment, material, or Work found to be defective or other~z~ise not to comply ~ti~ith the requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of teens used in tlis Agreement 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 tinder 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 ternls of this Guaranty and arty warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. B & B Landscape Contractors, Inc. Contractor's Name 450 Phelan Avenue Address San Jose, CA 95112 June 19, 2009 City/State/Zip Date City of Cupertuio 00630 - 1 Guaranty Memorial Park Softball Field 8c Librzry Field hrigation Renovation Project No. 2009-02 DOCUlv1ENT 00630 GU.~RANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of MEMORIAL PARK SOFTBALL FIELD & LIBRARY FIELD IRRIGATION RENOVATION CIJPERTINO, 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 yea3~ following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither 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 relie~~e Contractor of liability in respect to any e~cpress 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, a~iy 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 reje~~ted 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 bylaw. Inspection of the Work shall not relieve Contractor of an~~ 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 othenitse not to comply tivitlt tl~e requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents, including, without means of limitation, Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other wan•anties of Contractor contained in the Contract Documents, and not in lieu of, any and all other Liability imposed on Coniiactor 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 sh;rll be resolved in favor of the higher level of obligation of the Contractor. B & B Landscape Contractors, Inc. Contractor's Name 450 Phelan Avenue Address San Jose, CA 95112 June 19, 2009 City/State/Zip Date City of Cupertino 00630 - 1 Guaranty Memorial Park Softball Field & Library Field Irrigation Renovation OFFICE OF THE CITY CLEFIK CITY HALL CUPERTINO July 1, 2009 B&B Landscape Contractors 450 Phelan Avenue San Jose, CA 95112-2504 To Whom It May Concern: 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupertino.or~ Enclosed for your records is a fully executed copy oi' 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 RECORDING REQUESTED BY DOCUMENT: 20644647 Pages : 3 City of Cupertino Fees ... No Fees 10 11 111 1111 11 1111 11 11 11 Taxes WHEN RECORDED MAIL TO Copies . . AMT PAID City Clerk's Office REGINA ALCOMENDRAS RDE # 011 City of Cupertino SANTA CLARA COUNTY RECORDER 3/17/2010 10300 Torre Avenue Recorded at the request of 3 : 24 PM Cupertino, CA 95014 -3255 City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION MEMORIAL PARK SOFTBALL FIELD & LIBRARY FIELD IRRIGATION RENOVATION PROJECT 2009 -02 X Original 0 For Fast Endorsement �\ City Hall ® 10300 Torre Avenue Cupertino, CA 95014 -3255 k, �,. 1 9 S (408) 777 -3354 CUPERTINO PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION Memorial Park. Softball Field & Library Field Irrigation Renovation, Project 2009 -02 NOTICE IS HEREBY GIVEN THAT 1, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements hereinafter described in the contract which was entered into, by, and between the City of Cupertino and B & B Landscape Contractors, Inc., on June 30, 2009, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered on February 2, 2010. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. c1 u_a_c_,C Director of Public Works and City Engineer of the City of Cupertino Date: March 8, 2010 "NO FEE" VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, t:he information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 16 day of March 2010 at Cupertino, California. Julie Hej City Clerk's Office City of Cupertino