The URL can be used to link to this page

09-070 Monta Vista Roof ProjectProject No. 2009-01 DOCLrMENT 0020 ~ ~ , CONTRACT THIS CONTRACT, dated tIiis~ day of J l~.~l,~.~2009 , by and between Peterson-Dean Commercial, Inc. whose place of business is located at 7980 Enterprise Drive, Newark, CA 94560 ("Contractor"), and the CITY OF CUPERTINO, a Mmnicipal Corporation of the State of Califonua ("Citi3%") acting under and by virtue of the authority vested in the City by the la~~-s of the State of Califonua. ~~~HEREAS, City, on the 2nd day of June, 2009a«~arded to Contractor the following Project: PROJECT PdUMBER 2009-O1 MONTA VISTA ROOF PROJECT 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, u1 accordaince «~ith the Spec cations, Drawings, and all other teens and conditions of the 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 Cit~~'s duties and responsibilities and exercisiig City's rights and authorities in Contract Docwnents. City nnay change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific fiuictions to one or more specific City's Representatives, includtilg without limitation engineering, architectural, inspection and general adnninistrative fiuictioins, at any time t~~tln notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, izcludiig «~iQiout limitation, all releases and indemnities. 2.2 All notices or dennands 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 Tine. The Contract Time nn%ill continence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any tune ~vitlnin 30 Days after the Notice of A«%ard. Contractor shall not do any Work at the Site prior to the date on which the Contract r['ime commences to nm. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) by September 4, 2009. 3.2 Liquidated Damages. City and Contractor recognize that tine 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 airy part of the Work is not completed within tl~e times specified above, plus any extensions thereof allowed in City of Cupertino OOi20 - 1 Contract Monta Vista Roof Project Project No. 2009-01 accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it mould be impractical or extremely difficult to fix the amorurt of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accorduigly, 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 VG~ork as specified above. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resultuig from delay in completion of the Work. Contractor should be arvare that California Deparhnent of Fish and Game, and other State and Federal agencies, may also levy fines and penalties for the banning, harassing or killurg of protected wildlife and endangered species. Contractor hereby agrees to become familiar wiflr 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 «~ho then seek to recover their damages from Cit3~ (for example, delay claims of other contractors, subcontractors, tenants, or other flrird-parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor fire Contract Surn for completion of Work in accordance rr~ifli Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached Article 5. Contractor's Representations In order to uiduce City to enter into this Contract, Contractor makes fire following representations and warranties: 5.1 Contractor has visited the Site and has exanrured flrorouglrly 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 mariner may affect cost, progress, performance or furnishing of Work or `~,l~ich relate to any aspect of the melrrs, methods, tecluriques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor lras examined thoroughly and tmderstood all reports of exploration and tests of subsurface conditions, as-built drawings, drar~~ings, products specifications or reports, available for Bidding purposes, of physical conditions, includuig Underground Facilities, rr~lrich are identified in Document 00320 (Geoteclurical Data, Hazardous Materials Surveys and Existing Conditions), or ra~lrich Wray appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the urfornation contained in such materials upon which Contractor may be entitled to rely. Contractor agrees drat except for lire information so identified, Contractor does not and shall not rely on any other information contained i_n s>>clr reports and drawings. 5.3 Contractor has conducted or obtained and has mlderstood all such examinations, investigations, explorations, tests, reports and studies (iu addition to or to supplement those refereed to in Section 5.2 of this Docmuent 00520) that pertain to flee subsurface conditions, as-built conditions, miderground facilities, and all other physical conditions at or contiguous to the Site or otherwise that ma}J affect the cost, progress, performance or furnisltuig of Work, as Contractor considers necessary for the performance or fiu-nislring of Work at fire Contract Sum, r;~flrin the Contract Tinre and in accordance with the other terms and conditions of the Contract Docwnents, including specifically the provisions of Document 00700 (General Conditions); and no additional City of Cupertino 00520 - 2 Contract Monta Vista Roof Project Project No. 2009-01 exannilations, investigations, explorations, tests, reports, studies or similar infomlation or data are or will be required by Contractor for such ptuposes. 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. ~.~ Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built dran~~ilgs 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 Wnrls to be perforned herein. The Contract Documents do not violate or create a default under airy iistrument, contract, order or decree binduig on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contractiig Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Contract Documcrits 6.1 Contract Documents consist of the follon~~ing docmnents, including all changes, addenda, and modifications thereto: Document 00400 Bid Fonn 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 A~,~~ard Doctunent 00510 Notice of Award Docwnent 00520 Contract Document 00530 Insurance Fornls Docunnent 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 An_y and All Clains Document 00660 Substitution Request Form Docmnent 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Docmnent 00821 Insurance Document 00822 Apprenticeship Program Document 00850 Teclunical Specification with Attaclunent 1 Addenda(s) Dranzngs/Plans 6.2 There are no Contract Doctuents other than tlnase listed in this Document 00520, Article 6. Document 00320 (Geoteclunical Data, Hazardous Material Sure~eys and Existilg Conditions), and tine information supplied therein, are not Contract Docmnents. The Contract Documents may only be amended, modified or supplemented as pro~~ided in Docmnent 04700 (General Conditions). City of Cupertino 00520 - 3 Contract Monta Vista Roof Project Project No. 2009-01 Article 7. Miscellaneous 7.1 Ternis used in this Contract are defined in Document 00700 (General Conditions) and «%ill 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 finis Contract or any of the Contract Docurents, or upon any twarraury of autlnoriry, 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 la«~. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Docwnents only in compliance with ilie Subcontractor Listing La«~, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum yarludes all allowances (if airy). 7.5 In entering into a public works contract or a subcontract to supply goods, sernices or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awardiig body all rights, title and interest in and to all causes of action it may have under Section 4 of the Cla}ton Act (15 U.S.C. § 15) or under the Cartti~right Act (Chapter 2 (commencing twith Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arisiig from pnuclnases of goods, services or materials pursuant to the public works contract or the sub.;ontract. Tlus 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 prevailiig rates of per diem wages for each craft, classification, or type of worker needed to e~:ecute the Contract, as deternnined 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:/h~~ww.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 «~ith such provisions before conunencing the performance of the Work of the Contract Documents. 7.7 Should airy part, term or provision of this Contract or any of the Contract Documents, or airy docmnent required herein or therein to be executed or delivered, be declared invalid, boid or unenforceable, all remaining parts, terms and pro~risions shall remain in full force and effect and shall in no sway be invalidated, impaired or affected thereby. If the provisions of any la«~ causing such invalidity, illegality or unenforceabiliry may be waived, they are hereby ~,vaived to the end that ti~is Contract and the Contract Docwnents muy be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest e~~tent permitted by applicable law. In the event any provision not otherwise included in the Contract Docnunents is required to be included by any applicable law, that provision is deemed iicluded hereil by this reference(or, if such provision is required to be included ii any particular portion of the Contract Documents, that provision is deemed included ii float portion). 7.8 Tlnis Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation heremlder shall be iz 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 arisiig out of the Contract Doc~unents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established vender the California. Govenunent Code, Title 1, Division 3.6, Part 3, Chapter 5. 7.9 Contractor and all subcontractors shall comply ~witln the Uniform Adnninistrative Requirements for State and Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, Part 18. In addition, the Contractor agrees to comply with floe cost principles and procedures set forth it Office of Management and City of Cupertino 00520 - 4 Contract Monta Vista Roof Project Project No. 2009-01 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, wluchever is applicable, and the Code of Federal Regulations, Title 49, Part 18, ~~ill be included in any subcontracts entered into as a result of this contract. City of Cupertino 0020 - 5 Contract Monta Vista Roof Project Project No. 2009-01 IN WITNESS WHEREOF the parties have executed tlis Contract in quadruplicate the day and year first above ~~ritten. MONTA VISTA ROOF PROJECT CITY: CITY OF CUPERTINO, a 1VZunicipal Corporation of the State of C~tlifal-nia CONTRACTOR: Peterson-De ommercial, Inc. By: [Signature] Attest: City Clerk: Kimberly SI I Steve Crivelli [Please print name here] Approved as to form by City Attorney: .C ~' G~,~ 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 document on behalf of the City of Cupertino by a majority vote of the City Council on: Dated: David W. Knapp, City Marla er of the City of Cupertino, a Municipal Corporation of the State of California Designated Representative: Nanne: Roger S. Lee Title: Assistant Director of Public Works Address: 10555 Mary Ave., Cupertuio, CA 95014 Phone: 408-777-3269 Facsimile: 408-777-3 3 99 AMOUNT: $ 177,000. ACCOUNT NUh~ER:580-9246-9300 Title: Vice President Operations [If Corporation: Chairman ,President, or Vice President] [Signatm-e] By: [Please print name here] Title: [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treastuer] State ContracJJtor's License No. Classification ai~l~~~d Expiration Date Taxpayer ID No. Name: `) ~`If Z, (~~ 1~ ~ ~,~y1 Title: Ir/ ~ L'" Address: Phone: Facsimile: ( :/ 1 ~.~ ~~ ~') -• li~ NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARI' AChNO~'~'LEDEMENT AND FEDERAL TAx ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT City of Cupertino 00520 - 6 Contract Morita Vista Roof Project 1(7NANIlVdOUS WRdTTEN CONSENT OF TIDE ~OARID OF DYRECT®RS PETERSEN-DEAN C~DMIYYERCIAL, INC. . OCTOBER 2007 The undersigned, constituting the entire Board of Directors of PETERSEN- DEAN COMMERCIAL, INC., a California corporation, by unanimous written consent, without the formality of convening a meeting, do hereby severally and collectively consent to the following action of this corporation: WI~REAS, the Board of Directors o:E the Corporation has detern~ined that it is in the best interest of the Corporation to authori::e operation managers and estimators to take such action and execute those documents which are necessary for the Company to enter into contracts for the Company to provide labor, materials, services and equipment to customers in the regular course of the business of the Company; and WI~REAS, the Board of Directors of the Corporation has deterniined that such documents include but are not limited to propo;~als, bids, contracts and bonds; RESOLVED, that the Operation Managers identified on the Schedule of Managers and Estimators attached hereto and incorporated by this reference are authorized and directed to execute and deliver those bids, contracts and bonds as are necessary for the Company to enter into contracts for the ComFtany to provide labor, materials, services and equipment to customers in the regular course oi° the business of the Company; and RESOLVED FURTHER, that the Estimators identified on the Schedule of Managers and Estimators attached hereto and incorporated by this reference are authorized and directed to execute and deli•/er such proposals as are necessary for the Company to enter into contracts for the Comt~any to provide labor, materials, services and equipment to customers in the regular course oil the business of the Company; and RESOLVED FURTHER, that this authorization shall remain in place and effective until revoked in writing by the Company. RESOLVED FURTHER, that this Action by Unanimous Consent in Writing may be executed in one or more counterparts and when each Director has executed at least one counterpart, the foregoing resolutions shall be deemed adopted and in full force and effect as of the date hereof. RESOLVED FURTHER, that this consent shall be filed in the m~ k of the corporation and become a part of the records of t~ corporation. /~ Dated: /~ ~~~ ~~ Dated: ~~ ~~/ `"v~ Board consent to Signature Authority (Petersen-Dean SCI~DIJLE O~ 1VdANAGE~tS ~D ESTIlyIAT®R~ Name Yitte C~ivision Steve Crivelli Vice President Petersen-Dean Commercial, Northern Operations California Board consent to Signature Authority (Petersen-Dean Commercial, Inc.) Project No. 2009-01 DOCUI~~NT 00630 GUARANTY TO THE CITY OF CUPERTINO, a Muiucipal Corporation of the State of California ("City"), for construction of MONTA VIST.~ ROOF PROJECT CUPERTINO, CALIFORNIA The undersigned guarantees all constnuction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its tmconditional warranty of the quality and adequacy of all of the Work including, without limtation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Worlc. Neither final payment nor use or occupancy of the Worlc performed by the Contractor shall constitute aii acceptance of Work not done in accordance with this Guaranty or relie~~e Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy airy 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 Accepl~uice. If ~vitlun 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 Worlc is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's writlen 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 Worlc or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instnctions, or in an emergency where delay would cause serious risk of loss or dvnage, 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 Auld 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 Worlc shall not relieve Contractor of any of its obligations tinder the Contract Docuuments. Even though equipment, materials, or Worlc 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 Worlc found to be defective or ;,u.er~;~:se ~.ot 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 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 warrvlties of Contractor contained in the Contract Docmnents, 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 jury warranty or obligation of the Contractor tinder the Contract Documents or at law, such inconsiste^nc~y ,or conflict shall be resolved in favor of the higher level of obligation of the ntracto~,~i~~~--C~~l'~ ~~~~ I 1 '` ~ %f ~g,~~i~ GL~ .Con .act 's Name ~ ~ j Ad es~i ~s ~~~ ~~~1~, C.~ ~ ~~ Cite/State/Zip Date END OF DOCiJMENT City of Cupertino 00630 - 1 Guaranty Monta Vista Roof Project Liberty ~.U1~Lid~=~ PAYMENII' BOND Interchange Corporate Center 450 Plymouth Road, Sufte 400 Plymouth Meeting, PA. 1t3462-t 644 Ph. {6t 0} 832-8240 Bond Number: 022026155 KNOW At.l_ MEN BY THESE PRESENTS, that we Petersen-Dean Commercial, Inc as principal (the "Principal"), and Liberty Mutual Insurance Company, a Massachusetts suck insurance company, as surety {the "Surety'7, are held and firmly bound unto City of Cupertino, California as obligee {the "Obligee"}, in the penal sum of One Hundred Seventy-Seven Thousand and No/100*** Dollars {S 177,000.00*** ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, adminis#rators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Princpal has by written agreement dated the= day of , ~, entered into a contract (the "Contract") with the Obligee for_ ProleT2009-01 Monta Vista Roof Protect NOW. THEREFORE, THE CONDITION OF THIS OBI-IGATION IS SUCH, that 'rf the Principal shall promptly make payment to all Claimants, as hereina#ter defined, for all labor and ma#erial used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED AND SUt3JECT TO THE CONDITIONS PRECEDENT: 1. A "Claimant" is defined as one having a direct contract urith the Principal or with a subcontractor of the Principal for labor, material, or both, used ar reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipmen# directly applicable to the Contract. The Principal and the Surety hereby jointly and severally agree with the Obligee that every Claimant, who has not been paid in full before the expiration of a perod of ninety (90} days {or such lesser ar greater time period as otherwise permitted by relevant law} after the date on which the last of such Claimant's work or labor was done or performed, or materials were furnished by such Claimant, may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon. The Obligee shall not be liabie for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by an}~ Claimant (a) Unless Claimant, other than one having a direct contract with the Principal, shall have given written notice to the Principal and the Surety within ninety (90} days {or such lesser or greater time period as otherwise permitted by relevant law) after such Claimant did or performed the last of the work or labor, ar furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount. claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was Bane or performed. Such notice shall be seared by mailing the same by registered mail or certified mail, postage prepaid, in separate envelopes addressed to the Principal and Surety. The Principal may be served at any place where an office is regularly maintained for the transaction of business, ar in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. The Surety may be served to the attention of The Surety Law Deparkment at the above-listed address. (b} Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. LMIC-5200 Page t oft Rev. 03:04 {c) After the expiration of one (1) year (or such lesser car greater time period as otherwise permitted by relevant law) following the date on which the Principal proviried the Iasi labor and/or materials to the project. If the provisions of this paragraph are void or prohibiked by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4. Surety shall have no liability to any Claimant under this Bond for any amount unless it is due and owing to the Claimant by the Principal pursuant to the express terms of the contract between the Principal and Claimant or, if the Claimant does not. have a direct Contract with Principal, pursuant to the terms and conditions of the Contract between the Claimant and the Subcontractor to the Principal. The Bond incorporates all of the Principal's contractual de#enses, including but not limited to pay-if-paid provisions, whereby payment. to the Claimant is subject to the condition precedent of the Obligee's payment to the Principal, and other limitations an amounts due under the contract behveen Principal and ~~laimant. 5. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens, which may be filed of record against such improvement, whether or not a claim for the amount of such lien be presented under and against this band. DATED as of this 18th day of June 20 09 V~JITNESS /ATTEST Petersen-D ommercial Inc. ri ) By: {Seal) ~ ame: ~~~ ~v Title: v LIBERTY MUTUAL INSURANCE COMPANY (S etyj Bv: ~ {Seal) Donna K. Weinel Attorney-in- act LMIC-5200 Page 2 of 2 Rev. 03!04 2546963 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON ICED 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 herein~ifter set forth, does hereby name, constitute and appoint MARK F. SMITH, JOSEPH C. BLACKSHEAR, JR., BETTY ~~, BUSH, DONNA K. WEINEL, ALL OF THE CITY OF TEXAS CITY, STATE OF TEXAS ......................................................................................................................................... ............................................................................................................................................................................................... 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, reicognizances and other surety obligations in the penal sum not exceeding TWENTY MILLION AND 00/100********* ********** _ DOLLARS ($ 20,000,000.00***** )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 following 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 respecti~re 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 secretary. '~ _ ~ By the following instrument the chairman or the president has authorized the officer or other official named thereinto appoint attorneys-in-fact: d ~ c 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 and other surety obligations. L w ~ That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. ~ j 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 23rd day of April , N 3 2009 -a ~ •N C i LIBERTY MUTUAL INSURANCE COMP,,A,~N~Y e ~ , ~ Garnet W. Elliott, Assistant Secretary y""~,,, COMMONWEALTH OF PENNSYLVANIA ss ~--w ~ y COUNTY OF MONTGOMERY L ~ ~ On this 23rd day of April 2009 ,before me, a Notary Public, personally came Garnet 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 ~ N Power of Attorney and affixed the corporate seal of Liberty Mutual insurance Company thereto with the authority and at the direction of said corporation. O ep ~ ~ IN TESTIMONY WH R unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year v first above written. ~a» ~,c~hI~VV ~•' t0 C (~ ~*S {~ {`~ COMMONWEAiTHOrPENNSYE.VANIA ~* C? x Notar'.ai 5ea1 ~~A J w"'F' Q 3 ~~ T4~vsa PasNHie, NcMaty Putrlc Z ~ Plymoutlf Twp., Mantccrttery County By t,1y Corrtraissan cxtm!es tatarch 28, 2073 per., ~ _....._......._ ....................._................._.............._......._......... Ter sa Pastella, Notary Public ~~Y~~~ Memtrr: PerMSyranie ASSxatio:s of t+a~?ies CERTIFICATE b`` I, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company, do 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 chairman 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 facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company a1' 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 TESTJMONY WHEREOF, I,hax~hereunto subscribed my name and affixed the corporate seal of the said company, this 18th day of June LUU By , w ~:.~:" Davi M. Carey, Ass' nt Secretary CALIFORNIA ACKI~(OWLEDGEMENT State of Texas County of Galveston On June 18, 2009 before; me, Mark Smith personally appeared Donna K. Weinel ,Attorney-in-Fact, Liberty Mutual Insurance Company, personally known to me (or 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 th~it he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and tcial seal Si nature ~~~~~ g ~~~. ~tMrrug~, MARKSMfiH * NOTARY PUBLIC, STATE OF TE MY COMMISSION EXPIRES srq~~,~ p3-03.2012 ~.1~~ Mutual~~ PERFORMAIVCE BOND interchange Corporate Center 45fl Plymouth Road, Suite 400 Plymouth Meeting, PA. 19462-1644 Ph. {610} 832-8240 Bond Number: 022026155 KNOW ALL MEN BY THESE PRESENTS. that eve Petr;rsen-Dean Commercial, Inc. as principal {the "PrincipaC'), and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetks stock insurance company, as surety (the "Surety"), are held and firmly bound unto City of Cupertino, California as obligee (the "Obligee"), in the penal sum of One Hundred Seventy-Seven Thousand and No/100*** Dollars {S 177,000.00*** ), far the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement, dated the day of 20 entered into a contract {the "Contract") with the Obligee for Project No. 2009-01 Monta Vtsta Roof Protect NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly and #aithfully perform the Contract, then this obligation shall be null and void; o#herwise it shall remain in #ull force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. Whenever the Principal shall be, and declared by the Obligee to be in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1.1 Arrange for the Principal, with consent of the Obligee, to perform and complete the Contract; ar 1.2 Undertake to perform and complete the Contract itself; through its agents or through independent contractors; or 1.3 Obtain a bid or bids from alternative contractors to complete the Contract in accordance with its terms and conditions, and upon determination by the Surely of the lowest responsible bidder, or if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee, ~~nd make available as work progresses {even though there should be a default or a succession of defaults under the contract or contras#s of completion arranged under this paragraph) sufficient funds to pay the cos# of completion less the balance of the contract price; but not exceeding the amount set forth in the first paragraph of this bond. The teen "balance of the contract price," as used in this paragraph, shall rnean the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 1.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: a. After investigation, determine the amount for which it may be liable to the Obligee and, as soon as practicable after the amount is detenriined, tenter payment therefore to the Obligee; or b. Deny liability in whole or in part and notify the Obligee citing reasons therefore. LMIC-5100 Page t o`2 Rev. t)3?04 Notwithstanding any other provision of This bond or the Contract, or otherwise, the Surety is not responsible for and shall not be held liable to the Obligee for any ha.~ardous waste removal and the Surety shall not be held liable io, or in any ocher respect be responsible #o, the Obligee by way of indemnity, claims or otherwise, or to any public authority or to any other person, firm or corporation, for or on account of any fines or claims by any public authority or for bodily injuries or property damage to any person or thing, including, but not limited to, injury or damage due to the release or threat of release of hazardous substances of any kind or damage to real estate or to the environment or clean-up costs or other damages of whatever kind or nature arising out of any act of commission or omission by the Principal, the Principal's agents, servants, employees, subcontractors ar suppliers or any other person in connection with the performance of the Contract. This limitation applies regardless of when any such fine is assessed, claim ~s made, or injury, damage, release or threat of release occurs and without regard to any #erm or condition of the=Contract. 3. The Surety hereby waives notice of any alteration or extension of time made by the Obligee. 4. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which the Principal ceased to work on the Contract or such time period as otherwise permitted by relevant statute. If the provisions of this paragraph are void or prohibi#ed by law, the minimum period of limitation available to sure#ies as a defense in the jurisdiction of the suit shall be applicable. 5. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. 6. Any claims must be presented in writing to Liberty Mutual Insurance Company to the attention of the Surety Law Department at the above address. OATEO as of this 18th day of June 20 09 V'JITNESS 1 ATTEST Pet ersen-DearvCaommercial. Inc. (Pr' ~ I} ` BY z (Seal) Name: ~ Title: ~ L113ERTY UTUAL INSURANCE COMPANY (S ty} BY (Seaq Donna K. Weinel Attorney-in- act LMIC-5100 Page 2 n'` 2 Rev. 03104 2546967 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and the~~ 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 ~4TTORNEY 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 MARK F. SMITH, JOSEPH C. BLACKSHEAR, JR., BETTY ~~. BUSH, DONNA K. WEINEL, ALL OF THE CITY OF TEXAS CITY, STATE OF TEXAS ......................................................................................................................................... ............................................................................................................................................................................................... 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, nscognizances and other surety obligations in the penal sum not exceeding TWENTY MILLION AND 00/100********* ********** _ DOLLARS $ 20,000,000.00***** ( )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 following By-law and Authorization: ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds anti 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 attorrn;ys-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 N 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 Q. signature and execution of any such instruments and to attach therE~to the seal of the Company. When so executed such instruments shall be ~ as binding as if signed by the president and attested by the secretary. ~ y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: d ~ ~ 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 1:o 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. L w ~ That the By-law and the Authorization set forth above are true copies thereof etnd are now in full force and effect. ~ j 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 23rd day of April N ~ 2009 ..'C ~ ~N p d LIBERTY MUTUAL INSURANCE COMPANY . ~ d C ~ ~ ~ > `~ Garnet W. Elliott, Assistant Secretary y""~, COMMONWEALTH OF PENNSYLVANIA ss °- ~ d COUNTY OF MONTGOMERY L ~ = On this 23rd day of April 2009 ,before me, a Notary Public, personally came Garnet 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 ~ ti Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. .O c`o ~ ~ IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year ~. v first above written. ~. crfdt~~ ~ ~ $lj ~~' h K`q COt~AMONWi:ALTH Of PF..NNSYLVANIA} ~.+ i CJ '~ No.ar:a! Seal .•~ ' Q ~ ~ M~zsa Pastei!a, Nctary Pu6fic Z ~ Plyma:M Twp,; PAontr,,rm~'y Ccuniy By My Cenmussi~n Exerts r~nar~t, sa, zo,a ~ Ter sa Pastella, Notary Public ~~~~y® htemtw?: Penrtsyvenie ASSOCat:a a#t:otaries CERTIFICATE ~\ I, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company, do 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 chairman 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 facsimile 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 cf 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~EhSTIMONY WHEREOF, t,hau~hereunto subscribed my name and affixed the corporate seal of the said company, this 18th day of By , David M. Carey, Ass' fit Secretary CALIFORNIA ACKNOWLEDGEMENT State of Texas County of Galveston On June 18, 2009 before me, Mark Smith personally appeared Donna K. Weinel ,Attorney-in-Fact, Liberty Mutual Insurance Company, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon bet-~alf of which the person(s) acted, executed the instrument. WITNESS my hand and Signature ~,t~Y ~, MARK SMITH * * NOTARY PUBLIC, STATE OF TEXAS MY COMMISSK)N EXPIRES ``~9iF~~ 03-03-2012 ACORD ~ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) , 4/30/2010 5/28/2009 PRODUCER Lockton Insurance Brokers,LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CA Licence #OF15767 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 725 S. Figueroa Street, 35th fl. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles CA 90017 213-689-0065 INSURERS AFFORDING COVERAGE NAIC # INSURED petersen-Dean Commercial, Inc. wsuRER A: Arch Insurance Com an 1 1150 1305835 dba Petersen-Dean Roofing and Solar Systems INSURER B: Insurance Com an of the State of PA 19429 7980 Enterprise Road INSURER C: Newark CA 94560 INSURER D: INSURER E: COVERAGES PETDE02 Q2 INSURERISiIAUTHORIZEDUREPRESENTATNVETOR PRODUCER AND THE CERTI~ ATE HHOLIDERING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSl1RED 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 HERI.IN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CL41MS. INSR DD' POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER D~~TE MMIDD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE 1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence $ 100,000 A CLAIMS MADE ~ OCCUR 71PKG2251501 (COMMERCIAL) 4/30/2009 4/30/2010 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY X PRO X LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 A X ANY AUTO 71 PKG2251501 4/30/2009 4/30/2010 (Ea accident) , , ALL OWNED AUTOS BODILY INJURY (Per person) $ XXXXXXX SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ XXXXXXX NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ }(}{}(X}(}{}{ ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXX}{XX AUTO ONLY: AGG $ J{JCXXX7CJ{ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 5 000 000 B X OCCUR ~ CLAIMS MADE 754 1930 4/30/2009 4/30/2010 AGGREGATE $ 5 000 000 $ XXXXXXX UMBRELLA DEDUCTIBLE FORM $ XXXXXXX RETENTION $ $ XXXXXXX X WC STATU- OTH- A WORKERS COMPENSATION AND 71 WCI2251301 -Sales/Clerical 4/30/2009 4/30/2010 roRY uMITS ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? YES 71 WC12251401 -Field 4/30/2009 4/30/2010 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Certificate Holder is an Additional Insureds) [o the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Coverage provided is primary and non-contributory. Waiver of Subrogation applies per attached endorsement. Policy is subject to vaap exclusion. Copy of exclusion is attached. RE: Monte Vista Roof Project - Projec[ No. 2009-O1. Additional Insured: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the Stale of California. and its officers, agents and employees. 10553205 City of Cupertino 10300 Torre Avenue Cupertino CA 95014 Imww ioavl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 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. nrnon~cr~nn~rnst~ Eery„a.uo.,.,aeA.ahoml.~enlr~aea.eooraertnenumoenlsteahma•Proa~~erse~eid68novaanasoec[fvlneclleRFcoae•PETDeo~•. Ce~ACnRI]CARPnROTION198R POLICY NUMBER: 71PKG2251501 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULEDI PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): ALL PARTIES WHERE REQUIRED BY WRITTEN CONTRACT UNLESS SPECIFICALLY PROTECTED BY ANOTHER ADDITIONAL INSURED ENDORSEMENT ON THIS POLICY. COVERAGE AFFORDED TO THESE ADDITIONAL INSURED PARTIES WILL BE PRIMARY TO, AND NON-CONTRIBUTORY WITH, ANY OTHER INSURANCE AVAILABLE TO THAT PERSON OR ORGANIZATION IF REQUIRED IN THE WRITTEN CONTRACT. Location(s) Of Covered Operations: AS PER WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" 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 insureds) at the location of the the additional insureds) at the location(s) de:;ignated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injur)~" or "property damage" occurring after: 1. All work including materials parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 Miscellaneous Attachment : M447899 Master ID: 1305835 POLICY NUMBER: 71PKG2251501 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEIDULE Name Of Additional Insured Person(s) Or Location And Description Of Completed Organization(s): Operations: ALL PARTIES WHERE REQUIRED BY WRITTEN CONTRACT UNLESS SPECIFICALLY PROTECTED BY ANOTHER ADDITIONAL INSURED ENDORSEMENT ON THIS POLICY. COVERAGE AFFORDED TO THESE ADDITIONAL INSURED PARTIES WILL BE PRIMARY TO, AND NON-CONTRIBUTORY WITH, ANY OTHER INSURANCE AVAILABLE TO THAT PERSON OR ORGANIZATION IF REQUIRED IN THE WRITTEN CONTRACT. AS PER WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only 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 that additional insured and included in the "products- completed operations hazard. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Miscellaneous Attachment : M447898 Master ID: 1305835 POLICY NUMBER: 71 PKG2251501 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEIDULE Name of Person or Organization: Waiver of subrogation applies where required by writi:en agreement with our named insured as long as the request occurs prior to a loss. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAIfJST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition to the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or orgarization and included in the "products-completed operations hazard". This waiver applies only to the pE;rson or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 Miscellaneous Attachment : M447687 Master ID: 1305835 POLICY NUMBER:71PKG2251501 COMMERCIAL GENERAL LIABILITY CG 21 54 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION -DESIGNATED CIPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEIDULE Description and Location of Operation(s): ANY SITE OR LOCATIONS WHERE OPERATIONS ARE COVERED BY A WRAP-UP PROGRAM IN WHICH THE NAMED INSURED IS A PARTICIPANT. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following exclusion is added to paragraph 2., E~:clusions of COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I -Coverages): This insurance does not apply to "bodily injury" or "Ftroperty damage" arising out of either your ongoing operations or operations included within the "products-completed operations hazard" at the location described in the Schedule of this endorsement, as a ~~onsolidated (wrap-up) insurance program has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidate~j (wrap-up) insurance program: (1) Provides coverage identical to that provided by this Coverage Part; (2) Has limits adequate to cover all claims; or (3) Remains in effect. CG 21 54 01 96 Copyright, InsurancE~ Services Office, Inc., 1994 Page 1 of 1 Miscellaneous Attachment : M449021 Master ID: 1305835 POLICY NUMBER: 71PKG2251501 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DE;~IGNATED WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVEI~AGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Description of your work: FOR THE PURPOSES OF THIS POLICY "RESIDENTTIAL" MEANS ANY BUILDING CONSTRUCTED FOR THE PURPOSE OF HABITATION WHERE THERE IS AN OWNERSHIP INTEREST HELD BY THE TENANT. "RESIDENTIAL" ALSO INCLUDES THE FOLLOWING: 1. CONDOMINIUM AND TOWNHOMES -WITH OF2 WITHOUT A HOMEOWNERS ASSOCIATION. 2. SINGLE FAMILY HOMES 3. TIMESHARES 4. "MIXED USE" LOCATIONS WHERE "COMMERCIAL" EXPOSURES ARE COMBINED WITH ANY "RESIDENTIAL" OCCUPANCIES AS DEFINED ABOVE. THIS POLICY DOES NOT APPLY TO ANY CLAIM, SUIT, DEMAND OR LOSS THAT ALLEGES "BODILY INJURY", "PROPERTY DAMAGE" OR "PEf2SONAL AND ADVERTISING INJURY" THAT, IN ANY WAY, IN WHOLE OR IN PART, ARISES OUT OF, RELATES TO OR RESULTS FROM THE PRIOR, CURRENT OR FUTURE CONVERSION, IN 'JVHOLE OR IN PART, OF A BUILDING TO A NON- COMMERCIAL DWELLING OR RESIDENCE AT AN`~ TIME AFTER THE INCEPTION DATE OF THIS POLICY. NON-COMMERCIAL DWELLINGS OR RE~~IDENCES, INCLUDE BUT ARE NOT LIMITED TO, HOMES, COOPERATIVES, TOWN HOMES, LOFTS, TIMESHARES AND CONDOMINIUMS. HOWEVER, THIS EXCLUSION DOES NOT APPLY l"O THE DEVELOPMENT, CONSTRUCTION, REPAIR OR IMPROVEMENT OF APARTMENTS, HOTELS OR MOTELS. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) This insurance does not apply to "bodily injury" of "property damage" included in the "products-completed operations hazard" and arising out of "your work" shown in the Schedule. CG 21 34 01 87 Copyright, Insurance :services Office, Inc., 1986 Page 1 of 1 Miscellaneous Attachment : M449544 Master ID: 1305835 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement is effective on the inception date of the policy unless another date is indicated below. SECTION II -LIABILITY COVERAGE, 1. WF~O IS AN INSURED is amended to include as an "insured" the person(s) or organization(s) named in the Schedule below, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. You sire authorized to act for the additional insured named in the Schedule in all matters pertaining to this insurance. SCHEDULE Name and Address of Additional Insured: Any person or organization that you have agreed in a written contract, that such person or organization is an additional insured on this policy. All other terms and conditions of this Policy remain unchanged. Endorsement Number Policy Number: 71 PKG2251501 Endorsement Effective Date: 04/30/2009 loc~~l Standard Time at the First Named Insured's address. CA 00 70 00 09 06 Page 1 of 1 Miscellaneous Attachment : M447680 Master ID: 1305835 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF~ RIGHTS FOR RECOVERY AGAINST OTHERS TC) US ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident", provided that the "accident" arises out of operation contemplated by such contract. The waiver applies only to the person or organization designated in such contract. All other terms and conditions of this Policy remain unchanged. Policy Number: 71 PKG2251501 Endorsement Effective Date: 04/30/2009 00 CA0032 00 10 03 Page 1 of 1 Miscellaneous Attachment : M447689 Master ID: 1305835 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTIiERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered ny this policy. We will 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 writtE:n contract that requires you to obtain this agreement from us.) You may maintain payroll records accurately segregating the remuneration of you employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due on such remuneration. Schedule Person or Organization Any person or organization for whom you are performing operations when you are specifically required by a written contract or agreement. Notes: of the California workers' compensation Job Description 1. This endorsement may be used to waive the company's right of subrogation against named third parties who may be responsible for an injury. 2. The sentence in () is optional with the company. It limits the endorsement to apply only to specific jobs of the insured, and only to the extent that the insured is required to obtain this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this; endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 4/30/2009 Policy Number: 71 WC12251301 Insurance Company: Arch Insurance Company Countersigned By: (c)1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual (c) 2001. Miscellaneous Attachment : M449265 Master ID: 1305835 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY CALIFORNIA APPROVED FORM NO. 10 ENDORSEMENT AGREEMENT LIMITING AND RESTRICTING THIS INSURANCE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 4/30/2009 at 12:01A M. standard time, forms a part of Policy No. 71 WC12251301 Endorsement No. 007 of the Arch Insurance Company issued to Petersen-Dean, Inc. Premium (if any) $ Authorized Representative The insurance under this policy is limited as follows: It is AGREED that, anything in this policy to the contr~3ry notwithstanding, this policy DOES NOT INSURE: Employees and/or Operations and/or Locations Not Insured As respects injury (or death resulting therefrom) sust~lined by ANY EMPLOYEE ENGAGED IN THE FOLLOWING OPERATIONS: OPERATIONS AT ANY JOB SITE WHERE THE NAMED INSURED IS COVERED FOR WORKERS COMPENSATION INSURANCE UNDER A SEPARATE WRAP-UP INSURANCE PROGRAM. Nothing in this endorsement contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of this policy other than as above stated. Nothing elsewhere in this policy shall be held to vary, alter, waive or limit the terms, conditions, agreements or limitations of this endorsement. FAILURE TO SECURE THE PAYMENT OF FULL COMPENSATION BENEFITS FOR ALL EMPLOYEES AS REQUIRED BY LABOR CODE SECTION 3700 IS A VIOLATION OF LAW AND MAY SUBJECT THE EMPLOYER TO THE IMPOSITION OF A WORK STOP ORDER, LARGE FINES AND OTHER SUBSTANTIAL PENALTIES (Labor Code :iection 3710.1 et seq.). WC 7606k (8-99) UNIFORM INFORMATION SERVICES, INC. Page 1 of 1 Miscellaneous Attachment : M449269 Master ID: 1305835 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY CALIFORNIA APPROVED FORM NO. 10 ENDORSEMENT AGREEMENT LIMITING AND RESTRICTING THIS INSURANCE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 4/30/2009 at 12:01A.M. standard time, forms a part of Policy No. 71 WC12251401 Endorsement No. 007 of the Arch Insurance Company issued to Petersen-Dean, Inc. Premium (if any) $ Authorized Representative The insurance under this policy is limited as follows: It is AGREED that, anything in this policy to the contrary notwithstanding, this policy DOES NOT INSURE: Employees and/or Operations and/or Locations Not Insured As respects injury (or death resulting therefrom) sust;~ined by ANY EMPLOYEE ENGAGED IN THE FOLLOWING ~~PERATIONS: OPERATIONS AT ANY JOB SITE WHERE THE NAMED INSURED IS COVERED FOR'. WORKERS COMPENSATION INSURANCE UNDER A SEPARATE WRAP-UP INSURANCE PROGRAM. Nothing in this endorsement contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of this policy other than as above stated. Nothing elsewhere in this policy shall be held to vary, alter, waive or limit the terms, conditions, agreements or limitations of this endorsement. FAILURE TO SECURE THE PAYMENT OF FULL COMPENSATION BENEFITS FOR ALL EMPLOYEES AS REQUIRED BY LABOR CODE SIECTION 3700 IS A VIOLATION OF LAW AND MAY SUBJECT THE EMPLOYER TO THE IMPOSITION OF A WORK STOP ORDER, LARGE FINES AND OTHER SUBSTANTIAL PENALTIES (Labor Code ;section 3710.1 et seq.). WC 7606k (8-99) UNIFORM INFORMATION SERVICES, INC. Page 1 of 1 Miscellaneous Attachment : M447682 Master ID: 1305835 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTIiERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered ny this policy. We will 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 writtE~n contract that requires you to obtain this agreement from us.) You may maintain payroll records accurately segregating the remuneration of you employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due on such remuneration. Schedule Person or Organization Any person or organization for whom you are performing operations when you are specifically required by a written contract or agreement. Notes: of the California workers' compensation Job Description 1. This endorsement may be used to waive the comp~~ny's right of subrogation against named third parties who may be responsible for an injury. 2. The sentence in () is optional with the company. It limits the endorsement to apply only to specific jobs of the insured, and only to the extent that the insured is required to obtain this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 4/30/2009 Policy Number: 71 WC12251401 Insurance Company: Arch Insurance Company Countersigned By: (c)1998 by the Workers' Compensation Insurance Racing Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual (c) 2001. Miscellaneous Attachment : M447683 Master ID: 1305835 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • (~UPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 W EBSITE: www.cupertino.~xg CUPERTINO July 7, 2009 Peterson Dean Roofing Systems Commercial Division 7980 Enterprise Drive Newark, CA 94560 To Whom It May Concern: 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, I~lease contact the Public Works department at (408) 777-3354. Sincerely, CITY CLERK'S OFFICE Enclosure ~~~~~ R iJ' ~ ~ «~ 1 0 tY4 Commercial Division 7980 Enterprise Dr, Newark, CA 94560 LETTER OF TRANSMITTAL TO: FROM: City of Cupertino Michelle Bryan ADDRESS: DATE: June 23, 2009 PHONE NUMBER: SENT VIA: United States Mail RE: Monte Vista ^ URGENT D FOR REVIEW ^ PLEASE COMMENT ^ PLEASE REPLY ^ PLEASE RECYCLE NOTES/COMMENTS: Enclosed please find 3 copies of our contracts, bonds and insurance information, please return to us one fully executed contract for our records. If you should have any questions, please dive me a call at 510-494-2932 or email me at mbryan petersendean.com. Please let me know if you need anything else. Thanks, Michelle Phone :510-494-9982 7980 Enterprise Dr. Newarly CA 94560 Fax: 510-094-9926 RECORDING REQUESTED BY DOCUMENT: 20644648 Pages. 3 City of Cupertino W Fees.. No Fees HEN RECORDED MAIL TO Taxes .. . Copies City Clerk's O f f i c e _ AMT P A I D City of Cupertino 10300 Torre Avenue REGINA ALCOMENDRAS RDE # 011 SANTA CLARA COUNTY RECORDER 3/17/2010 Cupertino, CA 95014 - 3255 Recorded at the request of 3.24 PM 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 MONTA VISTA ROOF PROJECT PROJECT 2009 -01 Original 0 For Fast Endorsement \ // City Hall 10300 Torre Avenue Cupertino, CA 95014 -3255 1 9ss (408) 777 -3354 CUPERTINO PUBLIC WORKS DEPARTMENT CERTIFICATE CIF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION Monta Vista Roof Project Project 2009 -01 NOTICE IS HEREBY GIVEN THAT I, 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 Peterson -Dean Commercial, Inc., on June 23, 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. -. ci 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, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 16 day o arch 2010 at Cupertino, California. Julie Hejza City Clerk's Office City of Cupertino Project No.2009-01 DOCUMENT 00100 ADVERTISEMENT FOR BIDS NOTICE: THE.CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") hereby gives notice that it will accept Bids for construction of the following public work: CITY PROJECT NUMBER 2009-01 MONTA VISTA ROOF PROJECT 1. BID SUBMISSION: The City uses a two-part Bid process with Bids in Envelope "A" and Statements of Qualification and Financial information in Envelope"B". City will accept Envelope"A"and Envelope"B" no later than 2:00 p.m. on Thursday,May 21,2009 in the City Clerks Office. Bids will be publicly read at 2:15 p.m.in the City Community Hall at 10350 Torre Avenue(adjacent to City,Hall). City's representative will call out the designated time in the Office of the City Clerk, 10300 Torre Avenue, stating that the period for accepting Bids is closed. .,The Bid opening will be in accordance with procedures set forth in Document 00200 (Instructions to Bidders). 2. CONTACT INFORMATION: Roger S.Lee,Asst.Director of Public Works 408 777 3269 general 408 777 3399 fax rogerl@cupertino.org Service Center, 10555 Mary Avenue Cupertino,CA 95014 3. - STATEMENT OF QUALIFICATIONS: Each Bidder shall be required to submit a "Statement of Qualifications" in accordance with Document 00200 (Instructions to Bidders)and Document 00450 (Statement of Qualifications for Construction Work). = r#. DESCRIPTION OF THE WORK:. Work generally consists. of removal of all roofing down to the deck, r' removal of perimeter gutters and galvanized leaders, localized deck re-attachment/ repair/replacement and new wood fascia boards at designated building perimeters.Placement of new roofing system on prepared deck h _ covering approx. 19,600 square feet. S. CONTRACT TIME: Work shall be finally completed by September 4,2009. 6. REQUIRED CONTRACTOR'S LICENSE: A California"C39"Roofing Contractor is required to Bid this Contract.' Joint ventures must secure a joint venture license prior to-award of this Contract. Removal,handling, and/or disposal of hazardous materials may, by law, require hazardous substance removal certification by the Contractor's State License Board. 7. PREVAILING WAGE LAWS: The successfi-d Bidder must comply with all prevailing,wage laws applicable to the Project,and related requirements contained in the Contract Documents. S. INSTRUCTIONS: Bidders shall refer to.Document 00200 (Instructions to Bidders)for required documents and items to be submitted in sealed envelopes to City Clerk's office, as well as applicable times for submission. 9. SUBSTITUTION OF SECURITIES: City will permit successful Bidder to substitute securities for retention monies withheld to ensure performance of Contract, as set forth in Document 00680 (Escrow Agreement for Security Deposits in Lieu of Retention), in accordance with California Public Contract Code, Section 22300. City of Cupertino Monta Vista Roof Project 00100- 1 Advertisement for Bids r- Project No. 2005-06 By this reference, Document 00680 (Escrow Agreement for Security Deposits in Lieu of Retention) is incorporated in full in this Document 00100. 10. PRE-BID CONFERENCE: City will conduct a mandatory Pre-Bid Conference at 2:00 p.m. on Wednesday, May 13, 2009 at the site,!QkQJ1 Doss Avenue;-,Cupertino, CA 95014. Meeting will start at the Monta Vista Community building and then tour the site. Any Bidder wishing to investigate subsurface conditions at the Site must schedule such a visit with the City in accordance with Document 00200 (Instructions to Bidders). Only bids from bidders attending the mandatory pre-bid conference will'receive consideration. 11. PROCUREMENT OF BIDDING DOCUMENTS: Bidders may examine a complete hard-copy set of bid documents at the City's Service Yard, City Hall, 10555 Mary Avenue, in Cupertino. Bidders may purchase a complete set of Bidding Documents on a CD, at the Service Yard, upon payment of a non-refundable fee of $25.00. -Bidders who wish to have a CD mailed to them must first submit a check by mail or process a credit card purchase by phone with the City. City will accept payment by credit card,cash, or check,made payable to the "City of Cupertino". Bidding Documents need not be returned to City. Bidder is responsible for printing any or all of the bidding documents. 12. BID PREPARATION COST: Bidders are solely responsible for the cost of plan and specification printing and preparing their Bids. 13. RESERVATION OF RIGHTS: City specifically reserves the right, in its sole discretion,to reject any or all Bids, or re bid, or to waive inconsequential deviations from Bid requirements not involving time, price, or quality of the Work. 14. PORTION OF WORD PERFORMED BY THE CONTRACTOR: The Contractor shall perform no less than 51%of the Work, excluding Specialty Items,with its own organization. Specialty Items will be identified on the Bid Form. CITY OF CUPERTINO By. City Clerk To be published in Cupertino Courier on April 29,2009 END OF DOCUMENT City of Cupertino Monta Vista.Roof Project 00100-2 Advertisement for Bids Project No.2009-01 0 m 0 0 > � _Z 0 ate.. J Q U LEBANON AVE DUBON AVE RANCHO Dc tt' m6h, "'i Par�C 2'2"_' - Ok., .,®s.s:Ave- LN WOODRIDGE CT o NORT m .� Zrh;A``I Y 0 U 0 U_ VOSS AVE VOSS AVE SOUTH J U 0 co UJ JC LU z Q _2 MIANIST WAY � w 0 = PALM �y O 9CIX _ ,---ALCALDE RD N 0 85 170 340 510 680 p11 Feet City of Cupertino 00201-2j Bid Submittal&Site Map, Mosta Vista Park Re-Roof Project No.2009-01 SCHEDULE OF PIED PRJCFS All Bid items,including lump sums and unit prices,must be filled in completely. Allowances and Alternative Bid items are described in Document WSW tSpecial Conditions). Quote in figures only,unless words are specifically requested. Please Note that time extensions will NOT be permitted with the acceptance of any or all of the Alternative Did Items listed below. Specialty Items are identified on the Bid Form in the description. EST - UNIT PRICE' - ITEM :;`.`.: . DESCRIPTION UNITT®TAI:.:. .. - QTY.. Community Recreational Center & LS 1 Pre-School Building- Hot Built Up xa ' Roofing System ,.,. Community Recreational Center & F SF 2,000 Pre-School Building- Deck Replacement TOT=,BIDPRICE Total Bid Pirice: (Words) Unit Legend LS = Lump Sum C A — Mnph r- e_av L- 1I vF m Square Feet LF= Linear Feet ACIN®WLEDGEMENT OF RECEIPT OF ADDENDUMs Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendwn No. Addendum Date City of Cupertino Bid Form 00400 -3 Monta Vista Roof Project Project No. 2009-01 PART I - GENERAL 1.02 SCOPE OF WORK A. Furnish and install specified roofing and related components to Monta Vista Park Community Recreational Center and Pre-School Building, as designated on Attachment 1. B. Community RecreatonalCjeriter'=Bid Item No 1 (Hot Built Up Roofing System) `1 Removal of all roofing down to the plywood deck. 2. Removal and replacement of perimeter gutters and galvanized leaders. 3. All schedule 40 leaders to be re-used. 4. New rough sawn face wooden fascia board 2" x 6" at all building perimeters. 5.. Installation of the following: a. Rosin paper. b. Composite ply base sheet and 3 ply hot process built-up roofing system. C. White adhesive and white marble chip surfacing. (Title 24 Compliant) d. New 6"x 4" gutters,and schedule 40 leaders to replace galvanized leaders. e. New Fry, or equivalent, two part flashings at designated stucco walls. f. Specified flashings and accessories. 6. Install extra ply at all ridges. 7. Backnail ply sheets 3" o.c. at all slopes greater than 2:12. 8. The Contractor shall, after completion, water test the gutters and leaders and any'leaks shall be the responsibility of the Contractor to correct before the City will accept the work. Measurement and Pant: All work described above in B.1 to B.8 will be paid in'Bid Item No. 1 as a lum P sum. Pa Y ment shall include all costs for labor, materials and equipment. t C. Pie-. h6oI�BuF1"1�d+iri��=�B��d hft No. 1 (Hot Built Up Roofing System) 1. Removal of all roofing down to the deck. 2. Removal and replacement of perimeter gutters. 3. Schedule 40 leaders to be re-used. 4. Installation of the following: 7 9 a. Rosin paper. ' . b. Composite ply base sheet and 3 ply hot.process built upCroofing s: system. C. White adhesive and white marble chip surfacing Tit1e24 Compliant) A { d. New 65 x 4" perimeter gutters, cor riectmg to existing leaders: e. ,Specified :lashings and accessories f5 00850 2 3 N.( z } 'Technical Specifications City of Cupertino S 1 F Monta Vista Roof Project POLICY NUMBER:71PK02261501 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies-insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations: Or Organization(s): ALL PARTIES WHERE REQUIRED BY WRITTEN AS PER WRITTEN CONTRACT. CONTRACT UNLESS SPECIFICALLY PROTECTED BY ANOTHER ADDITIONAL INSURED ENDORSEMENT ON THIS POLICY. COVERAGE AFFORDED TO THESE ADDITIONAL INSURED PARTIES WILL BE PRIMARY TO,AND NON-CONTRIBUTORY WITH,ANY OTHER INSURANCE AVAILABLE TO THAT PERSON OR ORGANIZATION IF REQUIRED IN THE WRITTEN CONTRACT. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A.Section II-Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for"bodily injury","property damage"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(s)at the location of the the additional insured(s)at the location(s)designated above. B.With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after. 1.All work including materials parts or equipment furnished in connection with such work,on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2.That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 07 04 0 ISO Properties,Inc.,2004 Page 1 of Miscellaneous Attachment:M447899 a� Master ID:1305835 POLICY NUMBER:71PKG2251501 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE • Location And Description Of Completed Name Of Additional Insured Person(s)Or Operations: Organization(s): ALL PARTIES WHERE REQUIRED BY WRITTEN AS PER WRITTEN CONTRACT. CONTRACT UNLESS SPECIFICALLY PROTECTED BY ANOTHER ADDITIONAL INSURED ENDORSEMENT ON THIS POLICY. COVERAGE AFFORDED TO THESE ADDITIONAL INSURED PARTIES WILL BE PRIMARY TO,AND NON-CONTRIBUTORY WITH,ANY OTHER INSURANCE AVAILABLE TO THAT PERSON OR ORGANIZATION IF REQUIRED IN THE WRITTEN CONTRACT. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section 11-Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only 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 that additional insured and included in the"products- completed operations hazard, s . CG 20 37 07 04 ® ISO Properties,Inc.,2004 Page 1 of 1 Miscellaneous Attachment:M447898 Master ID:1305835 POLICY NUMBER:71PK02251501 COMMERCIAL GENERAL.LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART• SCHEDULE Name of Person or Organization: Waiver of subrogation applies where required by written agreement with our named insured as long as the request occurs prior to a loss. (if no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition(Section IV- COMMERCIAL GENERAL'LIABILITY CONDITIONS)is amended by the addition to the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright,Insurance Services Office,Inc.,1992 Page 1 of 1 i Miscellaneous Anaclunent:M447687 Master 1D:1305835 POLICY NUMBER:71 PKG2251501 COMMERCIAL GENERAL LIABILITY CG 2154 0196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description and Location of Operation(s): ANY SITE OR LOCATIONS WHERE OPERATIONS ARE COVERED BY A WRAP-UP PROGRAM IN WHICH THE NAMED INSURED IS A PARTICIPANT. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following exclusion is added to paragraph 2.,Exclusions of COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY(Section I-Coverages): This insurance does not apply to"bodily injury" or"property damage"arising out of either your ongoing operations or operations included within the"products-completed operations hazard" at the location described in the Schedule of this endorsement,as a consolidated(wrap-up)insurance program has been provided by the prime contractor/project manager or owner of the construction project in which you are Involved. This exclusion applies whether or not the consolidated(wrap-up)insurance program: (1)Provides coverage identical to that provided by this Coverage Part; (2)Has limits adequate to cover all claims;or (3)Remains in effect. CO 2154 0196 Copyright,Insurance Services Office,Inc., 1994 Page 1of 1 Miscellaneous Attachment:M449021 Master 1D:1305835 POLICY NUMBER:71 PKG2251501 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE,READ IT CAREFULLY. EXCLUSION'- DESIGNATED WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Description of your work: FOR THE PURPOSES OF THIS POLICY"RESIDENTIAL"MEANS ANY BUILDING CONSTRUCTED FOR THE PURPOSE OF HABITATION WHERE THERE IS AN OWNERSHIP INTEREST HELD BY THE TENANT."RESIDENTIAL"ALSO INCLUDES THE FOLLOWING: 1.CONDOMINIUM AND TOWNHOMES-WITH OR WITHOUT A HOMEOWNERS ASSOCIATION. 2.SINGLE FAMILY HOMES 3.TIMESHARES 4."MIXED USE"LOCATIONS WHERE"COMMERCIAL"EXPOSURES ARE COMBINED WITH ANY "RESIDENTIAL"OCCUPANCIES AS DEFINED ABOVE. THIS POLICY DOES NOT APPLY TO ANY CLAIM,SUIT,DEMAND OR LOSS THAT ALLEGES "BODILY INJURY","PROPERTY DAMAGE"OR"PERSONAL AND ADVERTISING INJURY"THAT,_IN ANY WAY,IN WHOLE OR IN PART,ARISES OUT OF,RELATES TO OR RESULTS FROM THE PRIOR,CURRENT OR FUTURE CONVERSION,IN WHOLE OR IN PART,OF A BUILDING TO A NON- COMMERCIAL DWELLING OR RESIDENCE AT ANY TIME AFTER THE INCEPTION DATE OF THIS POLICY.NON-COMMERCIAL DWELLINGS OR RESIDENCES,INCLUDE BUT ARE NOT LIMITED TO, HOMES,COOPERATIVES,TOWN HOMES,LOFTS,TIMESHARES AND CONDOMINIUMS. HOWEVER,THIS EXCLUSION DOES'NOT APPLY TO THE DEVELOPMENT,CONSTRUCTION, REPAIR OR IMPROVEMENT OF APARTMENTS,HOTELS OR MOTELS. (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) This insurance does not apply to"bodily injury"of"property damage"included in the products-completed, operations hazard"and arising out of"your work"shown in the Schedule. CG 2134 0187 Copyright,Insurance Services Office,Inc.,1986 Page 1 of 1 Miscellaneous Attachment:M4495U Master ID:1305835 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement is effective on the inception date of the policy unless another date is indicated below. SECTION 11-LIABILITY COVERAGE, 1.WHO IS AN INSURED is amended to include as an"insured"the person(s)or organization(s)named in the Schedule below, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy.You are authorized to act for the additional insured named in the Schedule in all matters pertaining to this insurance. SCHEDULE Name and Address of Additional Insured:Any person or organization that you have agreed in a written contract, that such person or organization is an additional insured on this policy. All other terms and conditions of this Policy remain unchanged. (Endorsement Number Policy Number:71 PKG2251501 Endorsement Effective Date:04/30/2009 local Standard Time at the First Named Insured°s address. CA 00 70 00 09 06 Page 1 of 1 Miscellaneous Attachment:M447680 Master 11):1305835 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS FOR RECOVERY AGAINST OTHERS TO US ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"accident",provided that the"accident"arises out of operation contemplated by such contract.The waiver applies only to the person or organization designated in such contract. All other terms and conditions of this Policy remain unchanged. Policy Number:71 PKG2251501 Endorsement Effective Date:04/30/2009 00 CA0032 00 10 03 Page 1 of 1 Miscellaneous Attachment:M447689 Master ID:1305835- WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04(Ed3 84) 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered ny this policy.We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you periform work under a written contract that requires you to obtain this agreement from us.) You may maintain payroll records accurately segregating the remuneration of you employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be�%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization for whom you are performing operations when you are specifically required by a written contract or agreement. Notes: 1.This endorsement may be used to waive the company's.right of subrogation against.named third parties who may be responsible for an injury. 2.The sentence in()is optional with the company.It limits the endorsement to apply only to specific jobs of the insured,and only to the extent that the insured is required to obtain this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 4/30/2009 Policy Number:71 WC12251301 Insurance Company:Arch I nce Compa Countersigned By: (c)1998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved. From the WCIRB's California Workers'Compensation Insurance Forms Manual(c)2001. Miscellaneous Attachment:M449265 Master JD:1305835 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY CALIFORNIA APPROVED FORM NO.10 ENDORSEMENT AGREEMENT LIMITING AND RESTRICTING THIS INSURANCE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 4/30/2009 at 12:01A.M.standard time,forms a part of Policy No.71 WC12251301 Endorsement No.007 of the Arch insurance Company issued to Petersen-Dean,Inc. Premium(if any)$ Authorized Representative The insurance under this policy is limited as follows: It is AGREED that,anything in this policy to the contrary notwithstanding,this policy DOES NOT INSURE: Employees and/or Operations and/or Locations Not Insured As respects Injury(or death resulting therefrom)sustained by ANY EMPLOYEE ENGAGED IN THE FOLLOWING OPERATIONS:OPERATIONS AT ANY JOB SITE WHERE THE NAMED INSURED IS COVERED FOR WORKERS COMPENSATION INSURANCE UNDER A SEPARATE WRAP-UP INSURANCE PROGRAM. Nothing in this endorsement contained shall be held to vary, alter, waive or extend any of the terms, conditions,agreements or limitations of this policy other than as above stated. Nothing elsewhere in this policy shall be held to vary, alter, waive or limit the terms, conditions, agreements or limitations of this endorsement. FAILURE TO SECURE THE PAYMENT OF FULL COMPENSATION BENEFITS FOR ALL EMPLOYEES AS REQUIRED'BY LABOR CODE SECTION 3700 IS A VIOLATION OF LAW AND MAY SUBJECT THE EMPLOYER TO THE IMPOSITION OF A WORK STOP ORDER, LARGE FINES AND OTHER SUBSTANTIAL PENALTIES(Labor Code Section 3710.1 at seq.). WC 7608k(5-99)UNIFORM INFORMATION SERVICES,INC. Page 1 of 1I Miscellaneous Attachment.M449269 Master ID:1305835 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY CALIFORNIA APPROVED FORM NO.10 ENDORSEMENT AGREEMENT LIMITING AND RESTRICTING THIS INSURANCE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different data is indicated below. (The following"attaching clause"need be completed only when this endorsement Is issued subsequent to preparation of the policy.) This endorsement,effective on 4/30/2009 at 12:01 A.M.standard time,forms apart of Policy No.71 WC12251401 Endorsement No.007 of the Arch Insurance.Company Issued to Petersen-Dean,Inc. Premium(if any)$ Authorized Representative The insurance under this policy is limited as follows: It is AGREED that,anything in this policy to the contrary notwithstanding,this policy DOES NOT INSURE: Employees and/or Operations and/or Locations Not Insured As respects injury(or death resulting therefrom)sustained by ANY EMPLOYEE ENGAGED IN THE FOLLOWING OPERATIONS:OPERATIONS AT ANY JOB SITE WHERE THE NAMED INSURED IS COVERED FOR WORKERS COMPENSATION INSURANCE UNDER A SEPARATE WRAP-UP INSURANCE PROGRAM. Nothing in this endorsement contained shall be held to vary, alter, waive or extend any of the terms, conditions,agreements or limitations of this policy other than as above stated. Nothing elsewhere in this policy shall be held to vary, alter, waive or limit the terms, conditions, agreements or limitations of this endorsement. FAILURE TO SECURE THE PAYMENT OF FULL COMPENSATION BENEFITS FOR ALL EMPLOYEES AS REQUIRED BY LABOR CODE SECTION 37001S A VIOLATION OF LAW AND MAY SUBJECT THE EMPLOYER TO THE IMPOSITION OF A WORK STOP ORDER, LARGE FINES AND OTHER SUBSTANTIAL PENALTIES(Labor Code Section 3710.1 et seq.). WC 7808k(8-99)UNIFORM INFORMATION SERVICES,INC. Page 7 of 1 Miscellaneous Attachment:M447682 Master ID.1305835 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered ny this policy.We will 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.) You may maintain payroll records accurately segregating the remuneration of you employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be %of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization for whom you are-performing operations when you are specifically required by a written contract or agreement. Notes: 1.This endorsement maybe used to waive the company's right of subrogation against named third parties who may be responsible for an injury. 2.The sentence in()is optional with the company.It limits the endorsement to apply only to specific jobs of the insured,and only to the extent that the insured is required to obtain this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only When this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 4/30/2009 Policy Number:71 WC12251401 Insurance Company:Arch In nce Company Countersigned By: (c)1998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved. From the WCIRB's California Workers'Compensation Insurance Forms Manual(c)2001. Miscellaneous Attachment:M447683 Master 1D:1305835