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01-098 William P. Young Constructionaim ~~ RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 'i1~9~I~~~11N~'hY~19~N~ Titles~l / Pages 3 Fees.... No Fees Taxes... Copies.. __ AMT PAID BRENDA DAM S SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE # 010 1/31/2002 12 33 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE INACCORDANCE WITH GOV. CODE 6103 CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTAPiCE OF COMPLETION BOLLINGER ROAD FLOOD WALL PROJECT 1\~O.01-9443 ~ ~~, f~, Original O For Fast Endorsement 1 CITY OF CUPEI~TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION ANI~ NOTICE OF ACCEPTANCE OF COMPLETION BOLLINGER ROAD FLOOD V~'ALL, PROJECT NO. 01-9443 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 for doing whi~~h was entered into by and between the City of Cupertino and William P. Young Construction on December 12, 2001, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered by the City Council on January 22, 2002. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all :is more particularly described in the plans and specifications for said project. `~.r1c~Q,uu u~~ January 28, 2002 Director of Public Works and city Engineer of the City of Cupertino Printed on Rec.~cled Paper VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under thf; laws of the State of California, that the foregoing is true and correct. Executed on the 29th day of January, 2002 at Cupertino, California. Administrative Clerk City Clerk's Office, City of Cupertino CONTRACT FOR PUBLIC WORKS This CONTRACT made on ~ C: ~ ~ ~ , ~~ U ~ ~ by the CITY OF CUPERTINO, a municipal corporation of the ;hate of California, hereinafter called CITY, and William P. Young Construction, Inc. hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The; complete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time of (:ompletion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form. b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications for Bollinger Road Flood Wall, Project No. 01-9433 d. Faithful Performance Bond and Materials Bond. e. Insurance Agreement, Certificate of In:~urance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. f. This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work of constructing a flood wall along Bollinger Road, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Pl~~ns and Specifications are entitled, respectively, Bollinger Road Flood Wall, Project No. 01-9433 and which Plans and Specifications are identified by the signatures of the parties to thi;~ Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Ralph A. Qualls, Jr. 3. CONTRACT PRICE. CITY agrees to p~-y, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of Thirty One Thousand, Two Hundred Fifty Dollars and no cents ($31,25~D.00), subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either . by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with Section 6, paragraph "f' of the General Provisions. 5. PERMITS, COMPLIANCE WITH LAW., CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. COI\fTRACTOR shall at all times maintain proper facilities and provide safe access for inspection ley CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered u~? without timely notice to CITY of its readiness for inspection and without the approval thereof.' or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans and Specifications or the Contract Do~;uments, CITY shall have the right to do so, and the same shall in no way affect or make void tl^~e Contract, but the cost or value thereof will be added to, or deducted from, the amount of the I~ontract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. No extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is <<uthorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. S. CHANGES TO MEET ENVIRONMENT,~L REQUIREMENTS. CITY shall have the right to make changes in this Contract during tY~e course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties. 9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendmer.~t or modification, shall be determined either by 1 reference to the Unit Price bid, if applicable, tree Standard Specifications, or in accordance with the agreement of the parties. 10. TIME FOR COMPLETION. All wort; under this Contract shall be completed in accordance with the Time for Completion section in the Proposal and the Specifications of this project. If CONTRACTOR shall be delayed ir- the work by the acts or neglect of CITY, or its employees, or those under it by contract or oth~;rwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or ley delay authorized by CITY, or by any cause which CITY shall determine justifies the delay; then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR IlvSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a genera]. assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRAC'TOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty (:30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the wc-rk, such materials, appliances, plant and other property belonging to CONTRACTOR as may bf; on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHCILD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgment may be necessary to pay just cl~~ims against CONTRACTOR or subcontractors for labor and services rendered and materials furnished in and about the work. City may apply such withheld amount or amount; to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by 3 CITY shall be considered as a payment made Linder the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment maybe made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure; performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY' S Notice to Contractors. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE AVENUE; CIJPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to, 151 A Old County Road, San Carlos, CA 94070, postage prepaid and certified; and (c) if notice is given to CONTRACTOR'Si surety or any other person, either by personal delivery thereof to CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a :sealed envelope, addressed to CONTRACTOR' S surety or person, as the case may be, at the addr~:ss of CONTRACTOR'S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall lie assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERL~I.S. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. 17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all subcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. In signing this Contract CONTRACTOR makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against li<<bility for worker's compensation or to undertake 4 self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 18. ACCIDENT PREVENTION. Pre~:aution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in ~~ccordance with the safety provisions of the Construction and Safety Orders issued by the :[ndustrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILIT'~ FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall., if the insurance premium is a separate bid item, obtain the insurance to indemnify CITY for arty damage to the work caused by Acts of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform v~~ith the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one (1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. :5 P.O. No. 21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The alternates chosen would be for any sites currentl}~ under construction or to be constructed in the future. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO: By: c~~~n Il.u.ol David W. Knapp City Manager Attest: ~ City erk Date: ~ /~, , 20 d 1 City Clerk APPROVED AS TO FO City Attorney CONTRACTOR: William P. Young Construction, Inc. By: C~ L~1~ Paul Lukaszewicz - Presi nt Notary acknowledgment is require If a corporation, corporate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation a Social Security No. is required. 94-3260282 Social Security # Federal Tax I.D. # Contractor's License No. 732490 AB HAz Project Name & Number: Bollinger Road Flood Wall, Project No. 01-9443 Contractor's Name & Address: William P. Yount; Construction, Inc. 151 A Old County Road, San Carlos, CA 94070 Contract Amount: $31,250.00 Account Number: 270-9443-9300 File No: 74,009.14 6 CALIFORNIA ALL-PURPOSE ACKN0INLEDGMENT State of California ss. County of 5~~1 M~'r~o __ On `~- ~~ 201 ,before me, ~L M • ~~ I > ~~ Pied]-C~ , Date Name and Title of Officer (e. ., "Jane Doe, Not ry Public") personally appeared Pval~-- 1--U ~.~~~~1 tCZ , Name(s) of Signer(s) '~> personally known to me ^ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sJbscribed to the within instrument and acknowledged to me that he/she/they executed ~ tF~e same in his/her/their authorized t;,/~1Nf M SEVILLA capacity(ies), and that by his/her/their C~7N~ » t24~~-96 ~ s gnature(s) on the instrument the person(s), or "1eT"'p~" °"~'c ~C~uFaR~ tree entity upon behalf of which the person(s) sw e,KrE000U~m +„y„•,E,ra~sew•++.~ acted, executed the instrument. V'JITNESS my hand and official seal. Place Notary Seal Above ignature of Notary Public OPTIONAL Though the information below is not required bylaw, it rr,ay prove valuable to persons relying on the document and could prevent fraudulent removal and rea`tachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of ges Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _ ^ Individual Top of thumb here ^ Corporate Officer -Title(s): _ ^ Partner - ^ Limited ^ G ral ^ Attorney in Fact ^ Trustee L' Guardian or nservator ^ Other: _ Si r Is Representing: _ © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, C4 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4, 5 AND 6, THE FORMS .PROVIDED BY THE CITY OF CUPERTINO " MUST BE USED. FORMS OTHER THAN THESE WII.L NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS -SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance agent or must provide a certificate on the c:ompany's form. They must contain the same information. 3. Endorsement of Primary Insurance -must be: signed by the insurance agent for general liability and automobile liability only. 4. Additional insured endorsement -must be signed by the insurance agent for general liability and automobile liability only. 5. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project -must be signed by the insurance agent for general liability only. 6. Waiver of subrogation endorsement worker':; compensation insurance -must be signed by the insurance agent for worker's compensation only. 7. Notice of policy cancellation endorsement -must be signed by the insurance agent or must be on the company's certificate of insurance form for all insurances. Insurance Instructions ~~ in CUPEI~TINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liabili~:y for worker's compensation or undertake self- insurance in accordance with the provisions oi' that Code, and will comply with such provisions before commencing the performance of the wort; of this Contract. B. Contractor and ail subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial or comprehensive general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, yell owned vehicles and non-owned vehicles. Said. insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must. be licensed to do business in the State of California. The Insurers must also have; an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work pit, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificat~:s of insurance evidencing the foregoing insurance coverages and such certificates shall provide the. name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from t:he provisions for indemnification of the City by Contractor under this Contract and for the dur;~tion of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contr~~ct, the following insurance in amounts not less than the amounts specified and issued by a compan;~ admitted in California and having a Best's Guide Rating of A, Class VII or better. Worker's Compensation Liability In accordance with the Worker's Compensation Act: of the State of California - $1,000,000 per . occurrence. Insurance Agreement Page 1 of 2 Public Liability -either commercial general Combined single limit of $1.0 million per liability or comprehensive general liability; occurrence; $2.0 million in the aggregate. including provisions for contractual liability, personal injury, independent contractors and property damage coverages. Automobile Liability -comprehensive covering Combined single limit of $1.0 million per owned, non-owned and hired automobiles. occurrence. Consultants only: Errors and Omissions liability. $1.0 million per occurrence. William P. Young Construction, (Contractor's Name) Inc $y. ~~(, (,~~~ . E'au1 L-ukaszewicz -Preside Dated: December 30, 20 O1 Insurance Agreement Page 2 of 2 ;yoL 28 C31 09~ 06p Lani 650-620-9484 p. 11 CUPEI~TINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This ccrtifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. 11SUred: William P. Young Construction, Inc. unty oa , u to Address: San Carlos CA 94070-6246 Description of operations/locations/products insured (show contract name and/or number, if any): RE: Bollinger Road Flood Mall, Project No. 01-9443 WORKER'S COMPENSATION * Statutory biro. ~-- * Employer': Ins. Co. of the State of PA Liability (name of insurer) 1,000,000 .1,000,000 ~ 1,000,000 Insurance Company's State License No. Check Polic T Each Occurrence $ 2,000,000 y ~= COMPREHENSIVE GENERAL LIABILITY [g ] Premises/Operations [~ ] Owners & Contractors Protective [x ] Contractual for Specific Contract [ %] Products Liability [ %] XCU Hazards [ g] Broad Form P.D. [ g] Severability of Interest Clause General Aggregate (if applicable) Aggregate Personal Injury Fire Damage (any one fire) [ g] Personal Injury with Medscal Expense Employee Exclusion Removed (any one person) or Self-Insured COMIVVII;RCIAL GENERAL LIABILITY Retention St. Paul Fire ~ Marine Policy No. KK08301329 {name of insurer) 2,000,000 ~ 2,000,000 $ 1,000,000 $ 5,000:'''' Expiration Date_ 8/1/03 Certificate of Insurance .Agreement Page 1 of 2 -Nov 28 O1 0~:06p Lani 650-620-9484 p. 12 AUTOMOTIVE/VEHICLE LIABILITY commercial Form Liability Coverage St Paul Fire ~ Marine (name of insurer) Policy No: _ KK08301329 B,~DiLY INTURY PROPERTY DAMAGE Each Person Each Accident $_ $ Each Accident $. Combined Single Linut Expiration Date 8l~/0~ or $1,000,000 A copy of all Endorsements to the policy(es) which in any way (agent's initial) limit the above-list~;d types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, .the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above palicy(ies) provide liability insurance as required by the Agreement between the City and the insured.. Dated' November 30. 20_Q..L_ By: Attach Certificate of Insurance and Additional I~isured Endorsement on company forms. Certificate of Insucana- Agreement Page 2 of 2 -Plov 28 O1 0~:07p Lani 650-620-9484 p. 13 CUPEI~TINO ENDORSEMENT OF PRIMARY INSURANCE In consideration of the policy premium and notwithstanding any inconsistent statement in. the policy to which this Endorsement is attached or an.y other Endorsement attached thereto, it is agreed as follows: The insurance afforded by this policy is primary insurance. and no additional insurance held or owned by the designated additional insureds) shall be called upon to cover a loss under said additional policy. POLICY INFORMATION 1. Insurance Com an St. Paul Fire & Marine P Y~ 2. Insurance Policy Number: KK08301329 Nc~~,ei~b€i 30, 20 O1 3. Effective Date of this Endorsement: 4. ~~~; ~Tilliam P Young Construction Inc All notices herein provided to be given b;y the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Aria Belle S. Bautista (pr'tnt/type flame) warrant that I have authority to bind the below listed Insurance Company anti by my signature hereon do so bind this Company. - ,rO / Q _ Signature of Authorized Representative: ~~ " (Original signature required on all Endorsements furnished to the District) Name of Agent/Agency: Gallagher Construction Secs. Title: Account Assistant 580 California St., Suite 1400 TelephOne:415-391-1500 Address: - San Francisco, CA 94104-1035 Facsimile:415-391_1882_ primary Endo~semeat Page 1 of 1 -No~~ 28 O1 OS:07p ~. OF CUPEI~TINO Lani 650-620-9484 ADDITIONAL INSIfRED ENDORSEMENT In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or arty other Endorsement attached thereto, it is agreed as follows: 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 are hereby declared to be ,additional insureds under the tenors of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City is connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. POLICY INFORMATION Instu~ance Company St. Paul Fire~~ Marine 2. Insurance Policy Number: KK08301329 3. Effective Date of this Endorsement: November 30, ~ z0 OL 4. Insured: William P. young Construction, Inc. p. 14 All notices herein provided to be given by the Insurance Company to the City. in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 1030D Torre avenue; Cupertino,-California ~9~OI4~ - - - - ---- -- - I, Ana Belle S. Bautista (print/type Warne) warrant that I have authority to bind the below listed Insurance Company and by •my signature hereon do so bind this Company. Signature of Authorized Representative:~~-Q~ `~' (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Gallagher Construction Sv~~s. Title: Account Assistant Address: 580 California St. , Suite 1400 Telephone: 415-391-1500 San Francisco, CA 94104-1035 Facsimile: 415-391-1882 Additional Insured Endorsement Page 1 of 1 Nov 28 O1 0~:07p Lani 650-620-9484 CUPEI~TINO COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GEI~IERAL LIABILITY EN_ DORSEMENT OF AGGREGATE LIlVIITS OF INSURANCE >F'ER PROJECT In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as ollows: This Endorsement modifies the insurance provided under the General Liability Coverage part hebelow-referenced policy of insurance. The general aggregate limit under LIlVIITS OF INSURANCE applies separately to the project iescribed as Proiect No 019443, Bollin¢er Road Flood Wall POLICY INFORMATION Insurance Company: St Paul F~ re ~ Marine 2. Insurance Policy Number: RK08301329 November 30, 2001 3. Effective Date of this Endorsement: 4. Insured: William P. Young Construction, Inc. 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. p. 15 All notices herein provided to be given by the Insurance Company to the Ciry in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Tome Avenue; Cupertino, California 9`i014. I, na Bell e S Bautista (printJtype name) warrant that 1 have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agerit/Agency: Gallagher Construction Svcs. Title~'ccount Assistant Address: SRn (`al i fnrnia St S site 1400 Telephone: 415-391-1500 San Francisco, CA 94104-1035 Facsimile: 415-391-1882 Aggregate Limits Endorsement Page 1 of 1 Nov 28 O1 08:08p Lani 650-620-9484 of CUPERTINO WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENfSATION INSURANCE p. 16 In consideration of the policy premium and notwithstanding nay inconsistent statement in the 'policy to which this Endorsement is attached or au~y other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation it may require against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account ~ of injury, including death resulting therefirom, su:~tained by any employee of the insured, arising out of the performance of the above-referenced Cont<~act_ POLICY INFORMATION 1. Insurance Company' Ins. Co. of the State of PA 2. Insurance Policy Number: 7084773/7084774 3. Effective Date of this Endorsement: November 30, 2001 4. Insured: William P. Yi3ung Construction, Inc. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City j at 103Q0 Torre Avenue; Cupertino, California 9`•014. >y en ~ Aelle S B~r~ ~ * ~ (print/type name) warrant that I ~ have authority to bind the below listed Insurance Company and by my signature ~~' hereon do so bind this Company. Signature of Authorized Representative:_!~~- (Original signature required on all Endorsements furnished to the District) Names of Gallagher Construction Svcs. AgenbAgency: Address: 580 California St. , Suite 1400 San Francisco, CA 94104-1035 Account Assistant Title: Telephone: 45-391-1500 Facsimile: 415-391-1882 Subrogation Endorsement Page 1 of 1 -:`luv 28 O1 03:08p Lani 650-620-9484 p. 1.7 OF CUPEt~TINO NOTICE t)F POLICY CANCELLATIOrt ENDORSEMENT In consideration of the policy premium Find notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt rf:quested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Company: St. Paul Fire ~ Marine 2. Insurance Policy Number: KK08301329 November 30, 3. Effective Date of this Endorscment: 20 O1 4. Insured: William P. Young Construction,~Inc. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95414. I, Ana Belle. S. Bautista (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Oritginal signature required on all Endorsements famished to the District) i Names of 'AgenVAgency: Gallagher Gonstn~ct;on svr~_ Title: Arrnnnt Assis_*~t Address: 580 California St. , Suite 140(1 Telephone: 415-391-1500 -San Francisco, CA 94104-1035 Facsimile: 415=391-1882 Cancellation Endorsement Page 1 of 1 acoRD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE (MM/DD/YY) UNGWl 11/30/01 F.20DUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Gallagher Construction Svcs HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 580 California St. , Suite 1400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco CA 94104-1035 Phone :415 - 3 91-1500 INSURERS AFFORDING COVERAGE INSURED NSURERA: $t. Paul Fire && Marine William P. Young NsuRERB: Ins Co of the State of PA Construction, Inc. 151 Old County Road NsuRERC: Sulte A S C l CA 94070 6246 iNSURERD: an ar os, - iNSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABCtVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RE:iPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DAVE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2, 0 0 0, 0 0 0 A X COMMERCIAL GENERAL LIABILITY KK08301329 (18/01/01 08/01/03 FIRE DAMAGE (Any one fire) $ 1, 000, 000 I CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 5 , 0 0 0 ~- PERSONAL & ADV INJURY $ 2, 0 0 0, 0 0 0 ~ GENERAL AGGREGATE $ 2, 0 0 0, 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 4 , O O O , O O O POLICY X PRO LOC JECT A AUT X OMOBILE LIABILITY ANY AUTO KK08301329 (18/01/01 08/01/03 COMBINED SINGLE LIMIT (Eaaccident> $ 1, 000, 000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GA RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN ~` ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X TORY LIMITS ER B EMPLOYERS'LIABILITY ,]0$4773/7084774 (1$/01/01 08/01/02 E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYEE $ 1, O O O , O O O E.L. DISEASE -POLICY LIMIT $ 1, 0 0 0, 0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS GENERAL LIABILITY: Additional Insured per the attached G0322 Ed. 9/97. RE: Bollinger Road Flood Wall, Project No. 01-9443 GtKIIhIGAItFIULUtK N ADDITIONALINSURED;INSURERLETTER: GAIVGtLLAI1VIV CIIPERTl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City o f Cupertino IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 10300 Torre Avenue Cupertino, CA 95004 REPRESENTATIVES. ,AUTHORIZED REPRESENTATIVE Gallagher Construction Svcs ACORD 25-5 (7!971 CORPORATION 1988 ADDITIONAL PROTECTED PERSONS ENDORSEMENT - CONTRA,CTORS GENERAL LIABILITY - INCLIJDING COMPLETED WORK This endorsement changes your Contractors Commercial General Liability Protection. How Coverage is Changed: There are two changes which are described below. Architect, engineer, or surveyor professional services includes: The following is added to the Who is Protected Under This Agreement section This change adds certain protected persons and limits their protection. the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specification; and Additional protected person. This person or organization named below is an additional protected person as required by a contract or agreement with you. But only for covered injury or damage arising out of: • your work and your completed work for that person or organization; • premises you own, rent, or lease; or • maintenance, operation, or use of equipment leased from that person or organization. We explain what we mean by your work and your completed work in the Products and completed work total limit section. If the additional protected person is an architect, engineer, or surveyor, we won't cover injury or damage arising out of the performance or failure to perform architect, engineer, or surveyor professional services. supervisory, inspection, or engineering services. 2. The following is added to the Other primary insurance section. This change broadens coverage. We'll consider this insurance to be primary and non-contributory to the additional protected persons listed above if: • your contract with that owner or contractor requires that we consider this insurance to be primary or primary and non- contributory; or • you request before a loss that we consider such insurance to be primary or primary and non-contributory insurance. Other Terms All other terms of your policy remain the same. Person or Organization: City of Cupertino, its directors, officers, engineer,, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees and any person or organization y~~u are required in a contract to show as an additional protected person is an additional protected person. Name of Insured: William P. Young Construction, Inc. Effective Date: 8/01/01 Policy IJumber: KK08301329 G0322 Ed. 9-97 Printed in U.S.A. POLICY NUMBER: KKOH3O1329 COMMERCIAL GENERAL LIABILITY NAMED INSURED: WILLIAM P. YOUNG CONSTRUCTION, INC. THIS ENDORSEMENT CHANGES THE (POLICY. PLEASE READ IT CAREFULLY. AMENDMENT -AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY' COVERAGE PART. The General Aggregate Limit under LIMIT:> OF INSURANCE (SECTION III) applies separately to each of your projects away frorri premises owned by or rented to you. CG 25 03 11 85 Copyright, Insurance Services Office, Inc., 1984 (EXECUTED IN TRIPLICATE) BOND N0. 24-007-650 & SN9985 FATTHFUL PERFORMANCE BOND KNOW ALL MEN BY 'T'HESE PRESENT: THAT yvE, wILLTAM P. YOUNG CO]!iSTRUCTION, INC. ~ Principal, (contractor's name) ~,,.t LIBffiClq MUIDAL INSURANG6 GOTfPANY and illiT® STATES FIDELITY. AND GUARANTY (JOMPANY ~ aS Surety, (bonding company's name) are held and firmly bound unto the City of Cupertino, State of California in the sum of THIRTY ONE THOUSAND, TWO HUNDRED FIFTY AND NO/100THS ($31,250.0) ~ lawful money of the United States, for the payment of v~~hich will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, the Principal has entf:red into a contract with the City dated 20 with the obligee to do and perform the following work to-wit: BOLLINGER ROAD FLOOD WALL, PROJECT NO.. 01-9443 NOW, THEREFORE, if the said principal shall well and truly perforni the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this , 29th day Of NOVEMBER ~ 20 O1, (To be signed by Principal and Surety, Notary ac:knowiedgment required) CONTRACTOR WILLIAM •P. YOUNG CONSTRUCTION, INC. Principal LIBERTY MUTUAL INSZtRANCE COMPANY Surety Street Address: 505 S . MAIN ST . City, State, Zip ORANGE, CA 9.2868 UNITED STATES FIDELITY AND GUARAN`T'Y COMPANY Surety 505 14th ST. OAKLAND, CA 94612 By. Sa By: WELLINGTON O, ATTORNEY-IN-FACT WELLINGTON SO Attorney-Iri-Fact The above bond is accepted and approved this _ day of , 20____. Faithful Performance Page 1 of 1 CALIFORNIA ALL-PURPOSE ACKNOINLEDGMENT State of California ss. County of SL~.r-1 Mti-T~D On 'DEL ~ , 2 m I ,before me, ~1 _ M . SFJ I a , a i~ oTP.~~1 PUS-1~1 L , ate Name and Title of Office (e.g., "Jane Doe, otary Public") personally appeared F~.ae..l ~ Lu ~.SZ~vJ lLZ , Name(s) of Signer(s) L personally known to me C proved to me on the basis of satisfactory e~ridence to be the person(s) whose name(s) is/are subscribed to the within instrument and at;knowledged to me that he/she/they executed IAN! N!. $EN~~(,q the same in his/her/their authorized ~. ~ ~2a~a96 ~ c~~pacity(ies), and that by his/her/their aornfi ~"~'~FORN1A signature(s) on the instrument the person(s), or sw MarEO cou+Tr M~CornrnkaanFxpMe~iilok tt,~ the entity upon behalf of which the person(s) acted, executed the instrument. 1/b'ITNESS my~hja,,nd and off~ic~ia~l~seal Place Notary Seal Above ~ ~ Sig ture of Notary Public OPTIONAL Though the information below is not required by law, it m~ty prove valuable to persons relying on the document and could prevent fraudulent removal and reatrachment of this form to another document. Description of Attached Document Title or Type of Document: / Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual • Top of thumb here ^ Corporate Officer -Title(s): _ ^ Partner - ^ Limited ^ Gener ^ Attorney in Fact ^ Trustee ^ Guardian or Co ervator ^ Other: Sign s Representing: _ © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~ County of San Francisco On November 29, 2001 before me, Janet C. Rojo, Notary Public personally appeared ************WellinigtonSo************** ^D personally known to me - OR - r. ,- JANET C. ROJO a ~~~,. y ~ rOMM. #1317395 '® ~ ~ ~' NGTARYI'UBLIC-CALIFORNIA SAN FRANCISCO COUNTY .. My Comm. Expires Aug, 18, 2005 ^ f~roved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that 1•~y his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. `VITNESS my hand and official seal. / ~ C_--L _ L _. Signature of ary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ State of California County of San Francisco November 29, 2001 before me,, Janet C. Rojo, Notary Public Ipersonallyappeared *'******'*****WelingtonSo************** personally known to me - OR - ^ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the r t~ ..: is . ~P~ ``' JANET C. ROJO person, or the entity upon behalf of which ° ~ ~' COMM. #1317395 ~ the person acted, executed the instrument. ~ '~ . NOTARY PUE3tdIC-CALIFORNIA ~' SAN FRANCISCO COUNTY c My Comm, Expires Aug, ig, 2005 `VITNESS my hand and official seal. _ ~ ~~ ~~ _`__ Signature of tart' (EXECUTED IN TRIPLICATE) BOND N0. 24-007-650 & SN9985 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, Stag of California, and WILLIAM P. YOUNG CONSTRUCTION, INC. hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of BOLLINGER ROAD FLOOD WALL, PROJECT N0. 01-9443 more particularly described in said contract; and incorporated herein by reference. WHEREAS, said principal is required tc- furnish a bond in connection with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of work contracted to be done, or for any work or ]labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter ;yet forth; NOW, THEREFORE, WE, WILLIAM P. YOUNG CONSTRUCTION, INC. as Principal, (contractor's name) and T.rxuarv ~' INSURANCE cOr~ANY and UNiTE'p :iTATES FIDELITY nrID GiTARANIY OOMPANY as Surety, (bonding company's name) firmly bind ourselves, our executors, administrarors, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all rnaterialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implement:- or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and matenTaHSiRTho~NEla~~~ti~ot ~~~ ~1REi~TY ~~iy~,yiBSperson, in the just and full sum of ($31,250.00) THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supllies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages arising under the original contract, men said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of .any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civii Procedure, so as to give. a right of action to them or their assigns in any suit brought upon this bond. i.abor and Material Page i of 2 And the said Surety, for value received„ hereby stipulates, and agre~:s that no change, extension of time, alteration or addition to the teens of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of tinge, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this 2 9th ~y of NOVEMBER _ _, 20 ~~ l . (To be signed by Principal and Surety. Notary acknowledgments required.) CONTRACTOR WILLIAM P. YOUNG CONSTRUCTION, INC. ~~ ~~ Principal UNITED STATES FIDELITY LIBERTY M[1TUAL INSURANCE COMPANY AND GUARANTY COMPANY Surety Surety 505 S . MAIN ST . 505 14th ST . Street Address: OAKLAND, CA 92868 City, State, Zip ORANGE, CA 92868 By: WELLINGTON SO A ey-In-Fact The above bond is accepted and approved this _ day of By ; (~~ ~~ WELLINGTON S0, TORNEY-IN-FACT 20 Labor and Material Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOIINLEDGMENT State of California ss. County of ~ I~lnrr~ On 'D~-L 3.2mI ,before me, ~__M• S~~i~ , tJar~>~ ~U~U.L , ate Name and Title of Officer ( .g., "Jane Doe, Not ry Public") personally appeared i~iul~ LUlcasz~~NlL.'~ , ~ Name(s) of Signer(s) Cl personally known to me ^ 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 .~-. tANI M. SEVIILA the same in his/her/their authorized cor~i+-.t~~za~a~ ~ capacity(ies), and that by his/her/their `~~ N°r'~`''~'~'~'~~~ signature(s) on the instrument the person(s), or jAN MATEO COUNTY wyConwnh.ionE,rpre~Nw.,+.200 the entity upon behalf of which the person(s) ~ acted, executed the instrument. V'JITNESS my hand ~a~nd~~o~fficial seal. X1U~L ~ • .JfLf,IQ-~ Place Notary Seal Above ~ Signature of Notary Public OPTIC-NAL Though the information below is not required by law, it rr,ay prove valuable to persons relying on the and could prevent fraudulent removal and rea.`tachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: _ umber of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual Top of thumb here ^ Corporate Officer -Title _ ^ Partner - ^ Limited General ^ Attorney in Fact ^ Trustee ^ Guardia r Conservator ^ Othe . gner Is Representing: © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, C~> 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~ State of California (~ County of San Francisco On November 29, 2001 before me, Janet C. Rojo, Notary Public personally appeared ************Wellir~gtonSo************** ^D personally known to me - OR - ;•.~,°;~N~, JANET C. ROJO '° - COMM. #1317395 ~ ~ `a-' NOTARY PUBLIC-CALIFORNIA ~ a 5AN FRANCISCO COUNTY -• My Comm. Expires Aug. 18, 2005 ^ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that ray his signature on the instrument the Berson, or the entity upon behalf of which t:he person acted, executed the instrument. ~'VITNESS my hand and official ;,.. _ `~ ~- -- Signature of CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco i November 29, 2001 before,me, Janet. C. Rojo, Notary Public personally appeared * * * * * * * * * * * *Wellinigton So* * * * * * * * '*' Dpersonally known to me - OR - ,,~'~ ~h f JANET C. ROJO ,~ ~ ••~ COMM. #1317395 o~ ~ ~,~ NOTARY PUBLiC-CAt~iFORNiA o ~, SAN FRANCISCO COUNTY -- . ^ , ,. My Comm. Expires Aug. 18, 2005 ^ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official ~wr ~' Signature of THIS POWER bF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 8S J I / 6 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 mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint CYNTHIA L. LEWIS, SCOTT R. WHITESIDE, JACK M. WOODRUFF, THOMAS J. GALLAGHER, JANET C. ROJO, SWAN LEE, SUSAN. EXLINE, SUSAN HECKER, JEFFREY W. PARKHURST, STEVEN N. PASSERINE, LAURA L. PLAISANT, TYLER J. KANNON, WELLINGTON SO, ANTOINETTE D, MITCHELL, ALL OF THE CITY OF SAN FRANCISCO, STATE OF CALIFORNIA ..................................................................................................... each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding THREE HUNDRED MILLION AND 00/100***************** DOLLARS $ 300 000 000.00************** ( )each, and the execution of such r 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 followirn3 By-law and Authorization: ARTICLE XVI -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in- fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XVI, Section 5 of the By-laws, Timothy C. Mulloy, an official 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. All Powers of Attorney attested to or executed by Timothy C. Mulloy in his capacity as an officer or official of Liberty Mutual Insurance Company, whether before, on or after the date of this Authorization, including without limitation Powers of Attorney attested to or executed as Assistant Secretary of Liberty Mutual Insurance Company, are hereby ratified and approved. That the By-law and the Authorization set forth above are true copies thereof and +~re now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Penns~~lvania this 27th day of September 2001 LIBERTY MUTUAL INSURANCE COMPANY Timof C. Mull ssistant Secre ry _~ COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 27th day of September 2001 ,before me, a Notary Public, personajly came Timothy C. Mulloy, to me known, and acknowledged that he is an officjal of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company then~to with the authority and at the direction of said corporation. IN TESTIMONY WHEREOF, I have het~unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ~_ _-__ _- __ E ~~(~~~ ~.~.~ otary Public CERTIFICATE I, the undersigned, Assistarw S-~~~Tetaiy 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 sic ltie crate of this certificate; and I do further certify that the officer or official who executed the said power of attorney was one of the officers or officials specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XVI, 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 ~iay of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate ;;eal of the said company, this 2 9th day of November 200 ~~~~~ ~F. X. Hee, Assistant Secretary The~~dll~ Power of Attorney No. POWER OF ~~TTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 22831 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and guaranty Insurance Underwriters, Inc. Certificate No. ~~ ~. ~ ~ ~ ~~~~' ~~ KNOW ALL MFN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insm~ance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Corr pany is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wi econsin (herein coAeciirely called the "Companies"), and that the Companies do hereby make, constitute and appoint Susan Hecker, Janet C. Rojo, Swan Lee, Cynthia L. Levris, Susan Exline, Steven N. Passerine, Laura L. Plaisant, Wellington So, Antoinette D. Mitchell, M. Moody and Peter D. Holley San Francisco California of the City of ,State ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 7th November 2001 IN WITNESS WHEREOF, the Companies have caused this instrument to be signeC xnd sealed this day of su~ry~ ~yMr+t "' 1927 g ~',ca~vw>E ff~t OF PhW 9 State of Maryland City of Baltimore Seaboard Surety Company St. Paul Fire and Marine Insurance Coy SL Paul Guardian Insurance Company St. Paul Mercury Insurance Company /I/ P~.: NS y.P~ ~HS~av'. ~STY'4y0 I ~ G POR~~e~ ~ _~OPPOR9T +V~OOP N l ~ ~~.~ ~ 0~ 4 v m :f'. f.~_ .~. o SEAL;os SSAL;~a' N 1896 ~, ~;.. d.. ~p ........ ipany cY ~rA`w"~ x(1977 ~i N~ 7th November 200]. United States Fidelity and guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. 4~ Hernrortatr9 IOFIIV F. PHINNEY, TTce President 1951 ~-~ ~(~ /~~ E. ! T THOMAS E. HUIBREGTSE, Assistant Secretary On this day of ,before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inr..; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 200?. ~G~p EAg~F~ m z~ ~~ NOTgRy PUeC/C ~i~'E CiTV tp0 REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U.S.A. B. BID PROPOSAL ~~'~ BOLLINGER ROAD FLOOD WALL, PROJECT NO.01-9443 TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORI~TIA Dear Sir: In compliance with the plans and specifications furnished for the work of the BOLLINGER ROAD FLOOD WALL PROJECT in thc; City of Cupertino, PROJECT 01-9443, the undersigned, hereby declare that I have react the proposal requirement, visited the sites, and examined the specifications. I, the undersil~ed, hereby propose to do all work required to complete the work in accordance with the plans and specifications for the prices set forth in the following schedule. I further understand th2~t said prices include all costs including, but not limited to, local, state and federal taxes, and tr~msportation costs. I, the undersigned, also understand that the quantities shown below are estimated estimates only, being given as a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive any irregularities in the procedures. The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to complete the BOLLING,ER ROAD FLOOD WAL, PROJECT NO. 01- 9443 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to completion as before the completion date as specified in the Special Provisions. I further understand that I shall pay to the City of Cupertino the sum of Two Hundred Fifty Dollars ($250.00) per day, for each and every calendar day's delay beyond the completion .date described in the time for completion portion of these specifications. In the event of discrepancies between the written unit price and the numerical unit price, the written unit price shall govern. This amount of liquidated damages shall be cieducted by the City from monies due from the Contractor hereunder, or the Contractor's assigned, successors, and sureties shall be liable to the City for any excess. BID PROPOSAL PAGE 1 OF 8 ESTIMATED QUANTITIES The bid unit prices for this project shall be as outlined below. Bid Est.Qty. Item Unit Item 1. 1 Lump Sum Install Flood Wall Complete And In Place Per LS Unit Price $ ~ ou /LS Total ~ ~ 1__y_Z 50 Bm PROPO:~AL PAGE 2 OF 8 I, the undersigned, agree that if this proposal i;~ accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus; and other means of construction and to do all the work specified iri the contract in the manner and time specified. I, the undersigned, declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, ~~nd is in all respects fair, and without collusion or fraud. I, the undersigned, recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check or bid bond in the amount of $. to °b , as required by law and the Notice to Bidders. (10% of bid amount) BID PROPOSAL PAGE 3 OF 8 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITIi BID I, the undersigned, being first duly sworn, depose and say that I am Sl T~-tiIT Of v~~~u,o~a.~i ~ ~ N C, onto-rrv~,~ cno~.l~. .1{L (Business Title) (Business Name) the party making the foregoing bid, that the bici is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidcier or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidcier has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overb~ead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. BID PROPOSAL, PAGE 4 OF S BIDDER QUAL~'ICATION FORM In further compliance with the specifications fiunished, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for 28 years, Our experience in work compazable with that required by the proposal contract is years operating under the following different mime(s). My California Contractor's License Number is 7324G O The classification of my Contractor's License i;~ A 1~j ~-~/S~Z The expiration date for my Contractor's License is ~F~ 2.~ , ZC2~3 ~-~~~-~- * (This Section for City use only) * The above info ation has been verified by ~'~ on o p ~r ~I * Contractors State License Board (800) 321-2752 or (408) 277-1244. ****************************************************************************** Where federal funds are involved, no bid sut~mitted shall be invalidated by the failure of the bidder to be licensed in accordance with the la~~vs of the State of California, however, at the time the contract is awazded the contractor shall be properly licensed. BID PROPOSAL PAGE 5 OF 8 SUBCONTRACTOR'S FORM The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of one-half of one per~:ent (0.5%) of the total bid are listed below. Only those listed below shall perform work on this :project and each of them has been provided with a full and complete set of plans and specificatior.~s for this project by the bidder. 1. Name contractor's License No. Address & phone no. Work to be Performed 2. Name Contractor's License No. Address & phone no. Work to be performed 3. Name Contractor's License No. Address & phone no. Work to be performed 4. Name -Contractor's License No. Address & phone no. Work to be performed 5. Name Contractor's License No. Address & phone no. Work to be performed 6. Name -Contractor's License No. Address & phone no. . Work to be performed BID PROPOSAL PAGE 7 OF 8 BIDDER ffiSTORY OF WORK The following is an example of work similaz in chazacter to that required in the proposed contract which our organization or personnel in our organization has completed within the past three (3) years. For Whom Contact Year Location Type of Work Performed Phone No. Amount SEE- /~-C~AG~-}~~ BID PROPOS~IL PAGE 6 OF 8 BIDDER'S SIGNATURE FORM IF YOU ARE AN 1NDNIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO- PARTNERSHIP, STATE THE COMPAI~P~' NAME AND LIST THE. NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NA)!~IE OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER, AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIt~TE BUSINESS TYPE. TYPE OF NAME OF BUSINESS ~NS~ra.uG~notit BUSINESS w-tL.lc~nn . ~d-~NC~ ~~~-~~--~~ r~IG CORPORATION: wlu~~~.M ~ ~yau l~[, Co~ST¢.~~CT1ot~ I NG• tP..u~L ~ ~, u .A, ~ ~ ~-ry,¢~. CO-PARTNERSHIl': INDNIDUAL: JOINT VENTURE: OTHER: (Describe) Name and Signature of Bidder: ~.~ (Print or type name) LU KaSZEW l ~ Z Date: rJaJF M SCE- Z7 , 2m t Address (mailing & location): 151 b. oV~~ CIJu r`1 (Lpar~p ~ ~~ C4 X14070 Telephone Number: ~~ ~Zp - ogpD Aclaiowledgment of all addenda received is required by circling each addendum number.. . 1 2 3 4 5 6 7 8 9 10 BID PROPOS',AL PAGE 8 OF 8 Z O U Fes- ~' Z b{ v= ~~ o~ r d a J ~ o. 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YOUNG CONSTRUCTION, INC. Project History Corrirad FOR WHOM Job A Year Price T of Construdlon WPYC Job Name Job Location WORK PERFORMED Contad Fax >« Phone ~ 363 352 361 1997 1997 1997 284,B90.OD 192,198.OD 128,eB1.OD Seismic RetroR Rehedldete Sa Rails Canstnrd Temp. Steel Ped. fridge San Mateo Sridge Santa Clara Intel San Mateo, CA Cdy of Sella Clare Intel Corp. in 3arda Ckre, CA DRlingham CR of 3erda Clara Intel I I 360 1997 Z013,384.W 3eisrnk RetrofR Oaldand Medieon Avenue, OeWand CsRrena Lb Wood I 349 1987 2,8BBS10.00 8eismk RetrofR - 5tr & eth SL Viaduct San Frencfsco, CA CaRrens 348 1887 1,4D8,810.00 Seismic RetrofiR South Sen Francisco South San F rerwiseo, CA CeRrens ~ 347 1887 1,908,998.00 Seismic RetrofiR Los Rher South Gate Cadrans I 348 1887 2,194,896.00 Seismk RdroR Bird Avenue San Jose CaRrens John Muench I 345 1997 483,484:00 Seismk RetrofiR of Santa Clare Scott Blvd., Coleman Ave, De k Cruz Cdy of Santa Ckre I 344 1887 378,497.OD Seismic RetroR San Bemerdlno/R1aRo Near Rlado at L e Creek CaRrens I 343 1997 2,880,788.00 Seamk Retrofit San Jose Retrotd 1st Street in San Jose Cakrens I 342 1997 308,197.00 Seiamk RetrofR Fresno GrenRe Job Fresno Grande I 341 1987 580,127.00 Retrofit w Massive Concrete Work Treehreck Los Kenos, Gianneld Pumping Plant Dept of WiKer Resources I 336 1987 472,840.00 Bridge Rehofd Rte. 1,17 3arda Cruz Rte. 1, 17 in Santa Cruz Cadrarre I 332 1997 225,e83.00 RetrofiR n O!P Pasadena Caltrens Page 3