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01-101 I-280 at Wolfe Rd. traffic safety projectCONTRACT FOR PUBLIC WORKS This CONTRACT made on 2001 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and Republic Electric 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 Comp fetion, 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 Wolfe Road / I-280 Interchange Improvements Project in the City of Cupertino, Project No. 9528. d. Faithful Performance and Labor & Material Bonds e. Insurance Agreement, Certificate of Insurancc;, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggre;~ate 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 execut~;d 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 Plan:; 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 necess~iry to perform and complete in a good and working order, the work of modifications to existing tra:Ffic signals at two locations and installation of mainline loops, 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 Plans and Specifications are entitled, respectively, Wolfe Road / I-280 Interchange Improvements Project in the City of Cupertino, Project No. 9528 (Federal Aid Project No. STPLHG 5318 (009)) and which Plans and Specifications are identified by the signatures of the parties to this 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 City Engineer, Mr. Ralph A. Qualls, Jr. CONTRACT •• 1 OF 6 3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of Two Hundred and Seventy-Three Thousand, Seven Hundred and Twenty-Five dolllars and no/100 ($273,725.00), subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FIJR 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 Secti~~n 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, an~j 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. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by 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 up 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 Documents, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices l;~id, 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 authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the right to make changes in this Contract during the 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 hay; been awarded or entered into. CONTRACTOR shall be paid for such changes eithc;r by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties. 9. TERD~IINATION, 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, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. CONTRACT • 2 OF 6 10. TIME FOR COMPLETION. All work 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 in the work by thc; acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable <;asualties or any causes beyond CONTRACTOR' S control, or by 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 INSOI:VENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRA(~TOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'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, rind utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD 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 ~~f 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 claims agai~ist CONTRACTOR or subcontractors for labor and services rendered and materials furnished in and about the work. City may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONT:EtACTOR, and any payment so made by CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be 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. CONTRACT •• 3 OF 6 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; CUPERTINO, 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 Stakes mails enclosed in asealed envelope, addressed to Republic Electric, 7120 Redwood Boulevard, Novato, CA, 94945, postage prepaid and certified; and (c) if notice is given to CONTRACTOR'S 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'Si surety or person, as the case may be, at the address 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 be assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specifieC! 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 anal 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 wort; is sublet, CONTRACTOR shall require any and all subcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the tatter'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 liability for worke:r's compensation or to undertake 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. Precaution 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 accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILITY F(~R THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring; damage to the work caused by Acts of God. CONTRACT • 4 OF 6 NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify CITY for any 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 with 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. CONTRACT - 5 OF 6 P.O. No. 21. DEFERRED ALTERNATE SELECTII~N. The City reserves the right for the term of the Contract, the deferred selection of none, an~~ or all alternate bid items at the bid price. The alternates chosen would be for any sites currenty 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: MAYO Attest: City rk Date: QGf ~7 , 20a ~ City Clerk APPROVED S TO FO City Attorney CONTRACTOR: ~~~lt C, ~~CT12.~L By: c y~~~"~~~ Notary acknowledgment is required. 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. Social Security # ~ - ~z~-~-2~- Federal Tax I.D. # Contractor's License No. ~q-~'~ ~ ~- PROJECT NAME & NUMBER: WOLFE ROAD ! I-280 INTERCHANGE IMPROVEMENTS PROJECT -FEDERAL AID PROJECT NO. STPLHG 5318 (009) CITY PROJECT 9528 CONTRACTOR'S NAME & ADDRESS: Republic Electric 7120 Redwood Blvd. Novato, CA 94945 CONTRACT AMOUNT: ACCOUNT NUMBER: FILE NO: $27:3,725.00 420••9528 74,001.23 CONTRACT - 6 OF 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 I ~~ 1 n ss. County of On ~ ~ ~ ' ©) ,before me, ~(~-r I~!'~(,1~.(1 ~~PJL~11 ~O•~/y ~ ~ C , Date ,..~ ~ ,..~ IJame and Title of Officer (e.g., "Jane'Doe, Notary Pu lic''1 personally appeared !~ C3-Ge sr onally known to me ^ Droved to me on the basis of satisfactory evidence r Y ~-„~~ '~ ~ ~ ~~~~ ~, ~ ,r/4 z .T ~ ~:~~~fcxnia ' t+l1C flr, !~OJf 1Y \•-°~.'~- NI~/~O`v,•r Ly,~1fE;iNOV~b,~f to be the person() whose name() is/~ subscribed to the within instrument and acknowledged to me that he/s1~/thh~i executed the same in his/h~F/tF~ir authorized capacity(i~, and that by his/F~r/~eir sigriature~ on the instrument the person , or the entity upon behalf of which the per~n~ actt~d, executed the instrument. WII~ESS my hand nd official seal. r ~ Place Notary Seal Above Sig lure of Notary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here Number of Pages: ®1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • wNw.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-801)-876-6827 _~ CUPEI~TIN~ INSURANCE ~~GREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will ctarry 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 officc;rs, 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 iIi 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 comf~leted operations, all owned vehicles and non- owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the ~~tate 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 at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. .Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of ?., 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 occlxrrence. 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. ~~Pttf3l~t ~ ~~~~Y~il'~ By: Q. (Contractor's Name) Dat~.d: ~ 20~ Insurance Agreement -Page 2 of 2 "BOND ISSUED IN TRIPLICATE" BOND N0. 08596173 PRE@~UM: $3,285.00 FAITHFUL PERFCIRMANCE BONA t'1JBL~C uVORKS KNOW AI.,I, MEN BY THESL' PRLS)/NT: ~ ~' ~ ~ ~ ~~~ . THAT WL, REPUBLIC EL]~CTRIC as Principal, (con'tractor's name) and COLONIAL AMERICAN CASUALTY A]>TD SURETY COMPANY as Surcty, (bonding company's name) are held and Iirmly bound unto the City of ('.upertino, State of California, in the sun~f ~j(~ ~iUNDRID SEVENTY THREE THOUSAND SEVJI~~t HUNDRED TWENTY FIVE AND NO/100tl~fiil money of the United States, for the payment of which will and truly to be mane, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, tm~ly by these presents. ~ ($273, 725.00 ) TP1F CONDITION of the foregoing obligation is such that, '~I~R.)/AS, the Principal leas entered into a contract with the City dated OCTOBER 2nd 2001 with the obligee to do and perform the following work to- wit: WOLFE ROAD/I-280 INTERCHANGE INIPROVEMII~TTS PROJECT, CITY PROJECT N0. 9528 NOW, THEREFORE, if the said principal shall well and truly perform the worlc contracted io be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect, IN WITNESS VJbIl/ltl;OI', this instrument has been duly executed by Principal and Surcty taus _2n~day of OCTOBER ~,, 20 01 . (To be signed by Principal and Surety, Notary acknowledgment required) CONTRACT REP IC ELE C >- BY Principal COLONIAL AMERICAN CASUALTY AND SUREr!'Y COMPANY Surety Street Address: 33 ROCK HILL ROAD City, State, lip BALA CYNW~D~, PA. 19004 13 ~'1 '~l,[--~~~~~2 ~ 2~~` Y• BONNIE K. FRYMIRE Attorney-In-1~a Tlie above rrn~d is accepted and approved this ,__day of , 20_ Faithful 1'crfornu~ncc - P~~~.c 1 of 1 CALIFORNIA ALL-PURPOSE ACKNOIIIVLEDGMENT State of California County of SONOMA ss. On 10-2-01 ,before me, ~~~~ J. COYNE, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") ~ personally appeared BONNIE K. FRYMIRE ---------------------------------- Name(s) of Signer(s) ~ personally known to me ^ proved to me on the basis of satisfactory evidence LAWRENCE J. CE:YNE Commissic;fi # 12f; i i 43 t z ~ Notary Public: - 4.a;it,:Jfnia ° Sonorrt~ C~cu,ity MY Carfn. F~xz,,, rX~t:~), ' .'~~; ,ice "~:~ . WITNESS my hand and official seal. Place Notary Seal Above to be the person( whose name(/ is/ate subscribed to the within instrument and acknowledged to me that.i~she/t#e,Q executed the same in 1~s(her/the authorized c~(pacity(i~, and that by ~i~(her/t]~h` signature( on the instrument the person(g~, or the entity upon behalf of which the person( acted, executed the instrument. ~~J //J ature of No ry Public OPTIOiNAL Though the information below is not required by law, it ms y prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ PERFORMANCE BOND Document Date: OCTOBER 2nd, 2001 Number of Pages: ONE Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Top of thumb here ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General i~ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ® 1999 National Notary Association • 9350 De Soto Ave., P.O. Rox 2402 • Chatsworth, CA 91313-2402 • .vww.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-600-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California (Yl ~.(~ n SS. County of On ~ ~ S ~ d~ ,before me~L((~i. ~i (GI~QI J.~~~D~, n0~ ~ ~~,~, Date ~ ~ ,~`arre a ~d Title of Officer (e.g., "Jane Doe, Notary Public" personally appeared „was-~.~*- ~,~•y.,,,~;,.„;,~..:.,~> . LAURA J. KIKV~,,ty-ii~h;SON ~`~~ Ccmrti;s~or, 11F.1774 z < ` :~~ +. ~- Nosary P~^'c , Cai'fornia \•":~' y My ~~.,,, x ~;'vCV 16.201 C~ersonally known to me ^ Flroved to me on the basis of satisfactory evicence Name(s) of Signer(s) to Ise the person() whose name~f is/~e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/M~,f/th~Cr authorized capacity(i ), and that by his/I~r/t~r signature,~on the instrument the person(~Cj, or the entity upon behalf of which the person(, actE~d, executed the instrument. WI jNESS my ha d and official seal. Place Notary Seal Above S~ nature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here Number of Pages: ®1999 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • wvnv.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 "BOND ISSUED IN TRIPLICATE" BOND N0. 08596173 PRENITUM: INCLUDED IN PERFORMANCE BOND LAYiOR GNU M~!-TLRIAL BOND KNOW ALL MEN RY TFTESE PRESENT: WHEREAS, the City of Cupertino, State of California, slid RFPiTRT,TC ELEC'.PRIC hereinafter designated as "Principal" have entered into or are about to Infer into. a contract providing for the installation, construction and erection by Principa~o~ WOLFS ROAD/I-280 INTERCHANGE INN~ROVEM~V'I'S PROJECT, C more particularly described in said contract; and incorporated herein by reference. WHE.I~AS, said principal is required to :furlush a bond in connection with said contract, providing that if said Principal, or any of tits or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upvn, for or about the performance of work contracted to be clone, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THBRF,FORE, WF, REPUBL7:C ELECTRIC as Pr~inciPal, (eomractor's name) and COLONIAL AMERICAN CABUALTY ANI) SURE'T'Y COMPANY a`s Surety, (bonding company'; name) fumly bind otuselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishuig materials, provisions, provender or other supplies used in, upon, for or about tl~.e performance of the aforesaid work con.iractcd to be executed or performed u_ncler the contract hereinabove mentioned, and incorporated herein by reference, a.nd all persons, companies or corporations lcndiug or luring teaans, unplements or machinery, for or contributing to said work to be done, and all persons who perform. work ar labor upon the same, and all persons who supply both ~uvorlc and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of TWO HUNDRED SEVENTY THREE THOUSAND SEVEN . HUNDRED TWENTY FIVE AND NO/100ths--($273,725.00) '['1~ CONDITION Or TI~IIS OBLIGATION IS SUCiI TIIAT if said principal, his or its subcotiytraclors, hairs, executors, administrators, successors or assigns, shall fail to pay (or any materials, provisioi>,s, .provender or other supplies or teams used in, upon, for or about the pcrformailce of the work contracted to be done, o ~ for any work yr labor thereon of any kind, or for amounts dua trndcr the Uncniploymcnt Instirancc Act with respect to such work or labor, or ally and all damages. arising under the original contract, then said Surety will pay the same and also will pay in case suit is bmught upvn this bend, such reasonable attorney's fee as shall be fixed by the court. This bond shall insure to the benefit of an~~ and all persons, companies, and corp-oraiions entitled to file claims under Section 1184.1 of t)~e Code of Civil Procedure, so as to give a rislit of action to them or their assigns in any suit brought upon this bond. L,tthor and Mstcrinl - PnFc I oft And the said Surety, for value received, hereby stipulates, and egrets that no claange, extension of dine, alteration or addition to the terms of the contract or to the work io be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it dots hereby wai~~e notice of any such change, extension of tine, attention or addition to the terms oFthe contract ~~r to the work or to the specifications. 1N WTTNESS WHEREQF, this instnnr.ent has been duly executed by Principal and Surety this 2nd day of OCTOBER ~, Zp 01. (To be signet( by Principal and Surety. Notary acknow)edgn~ents required.) CONTRACTQR REPUBLIC ~ECTRI BY: ~"L~~IL~ ~T ~! Principal COLONIAL AMII3ICAN CASUALTY AND SURETY COMPANY Surety Street Adciress: 33 ROCK HILL ROAD City, State, "Lip.. BALA CYNWYD, PA. 19004 y; ~~ BONNIE K. FR~RE Attorney-Yn-rat The above band is accepted and approved this ~„.,_day oC , 20_, Labor and Material Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKN0INLEDGMENT State of California County of SONOMA ~ ss. On 10-2-01 ,before me, ~~~~ J. COYNE, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") ~ personally appeared BONNIE K. FRYMIRE; ------------------------------ Name(s) of Signer(s) ' ~~®~.d~ ems:. LAWRENCE J. COYNE _~ e CommL~ion # 1281143 Z ~ Notary Public - California ~ Z Sonoma Courtty My Comm. 5¢ues Oct 2D, 2W4 1~. personally known to me C proved to me on the basis of satisfactory evidence to be the person( whose name( is/aye subscribed to the within instrument and acknowledged to me that l~/she/tbey executed the same in t~Tg/her/tf~r authorized c~lpacity(~, and that by lii~lher/tb~l'r sil~nature(,~ on the instrument the person(s~, or the entity upon behalf of which the person(~f acted, executed the instrument. WITNELSS my hand and offi~~cial seal. Place Notary Seal Above Signatpf of Notary lic OPTIOiIVAL Though the information below is not required bylaw, it may prove valuable fo persons relying on the document and could prevent fraudulent removal and reatG~chment of this form to another document. Description of Attached Document Title or Type of Document: LABOR AND MATERIAL BOND Document Date: 10-2-01 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: __ N/S ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ~ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: COLONIAL AMERICAN CA;~UALTY AND SURETY TWO Top of thumb here COMP Number of Pages: ® 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder Call Toll-Free 1-B00-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of .l~ I n Date personally appeared . . , .:a.,~..,~. l_;'. ,rA J. F,IK1hr~N-f3EN~JN • ```, Ccmrnission # 1161714 ;'~ Noray Public -California _ " ~~~ Marin County My Comm. ExpreS Nov 16,200 I to be the person) whose name(~j ish~ subscribed to the within instrument and acknowledged to me that he/~e/tll~r executed the same in his/I~r/th~Y' authorized capacity(, and that by his/I~/tlyfa~'r signature( on the instrument the personj~i, or the entity upon behalf of which the person() actf:d, executed the instrument. WII~ESS my hand and official seal. Place Notary Seal Above ~~ Sig a r of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattat;hment 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 ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: C9 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • Nvnv.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-600-876-6827 C~Sersonally known to me ^ F~roved to me on the basis of satisfactory evidence Powel• of Attorney COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICE: P.O. BOX 1:227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, by W. B. WALB ER, Vice-President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted b~~ Article Vl, ;,~~~2, of th~e~~ws of said Company, which are set forth on the reverse side hereof and are hereby certifie~~,~~ in full f r ~rYI effect on the date hereof, does hereby nominate, constitute and appoint Bonnie K. FR'i~ ~" , of Petalu ~fornia, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver ofi on its be ~ and as its act and deed: an and all . ~ ~ ry, y bonds and undertakings, each in a penalty n~~i eed the su~~f X MILLION DOLLARS ($6,000,000) and the execution of such bonds or undertakings in -~ ance oi'the~~esents, shall be as binding upon said Company, as fully and amply, to all intents and purp~ ,,~if they h ~n duly executed and acknowledged by the regularly elected officers of the Company at its office altimor~~i their own proper persons. The said Assistant Secretary does herb ~tify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Lawsi~Company, and is now in force. IN WITNESS WHEREOF, tld Vice-President acid Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 17th day of May, A.D. 1999. ATTEST: .r-;, f ~; ~ EA '~..:.r~``~ COLONIAL AMERICAN CASUALTY T. E. Smith Assistant Secretezry State of Maryland 1 f ss: County of Baltimore AND SURETY COMPANY By: W. B. Walbrecher Vice-President On this 17th day of May, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHI;R, Vice-President and T. E. SMITH, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding ins~zument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and with, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. C7' 1FT9 ~~s. ~~ Carol J. Fa r Notary Public My Commission Expires: August 1, 2000 L1a2s~ 186-2034 Cl ient# : 19061 x~ruts;/L~ ACOR~M CERTIFICATE OF LIABILITY INSURANCE ioio2~oi PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI Northern California/HOS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2199 S. McDowell Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 4409 Petaluma, CA 94955-4409 INSURED Republic Electric 7120 Redwood Blvd Novato, CA 94945-4114 INSURERS AFFORDING COVERAGE InsuRERA: Travelers InsuRERe: State Compensation Insurance Fund INSURER C: If`SURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUF3ED 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 HERE'N IS SUBJE CT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE INTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YV POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY DTEC07 3 7 X 10 6 5 0 4/ 21 / O l 0 4/ 2 1/ 0 2 EACH OCCURRENCE $1 , 0 0 0, 0 0 0 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $3 O O , 0 0 0 CLAIMS MADE X OCCUR MED EXP (Any one person) $5 , 0 0 0 PERSONAL & ADV INJURY $1 , 0 0 0, 0 0 0 X OCP GENERAL AGGREGATE $2 , 0 0 0, 0 0 0 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS -COMP/OP AGG $2 , 0 0 0 , 0 0 0 POLICY X jECT LOC A AUTOMOBILE LIABILITY DT 810 7 3 7 X 10 6 5 0 4/ 21 / O l 0 4/ 21 / 0 2 COMBINED SINGLE LIMIT $1 O O O O O O X ANY AUTO (Ea accident) i i ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND 31514 0 2 0 1 1 0/ 0 1/ 0 1 1 0/ 0 1/ 0 2 X ORY LAM TS OER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1 , 0 0 0 , 0 0 0 E.L. DISEASE - EA EMPLOYEE $1 , 0 0 0 , 0 0 0 E.L. DISEASE -POLICY LIMIT $1 , 0 0 0, 0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BV ENDORSEMENT/SPECIAL PROVISIONS Cancellation: Except for ten day notice ~.or non-payment of premium. RE: City Project #9528, Job #7498, Wolfe toad / I-280 Interchange Improvements Project Additional Insured named per the attached GL & AUTO endorsements. Waiver of Subrogation applies to WC. CERTIFIGATEFIVLDEH ADDI710NALINSUHEU;INSUhItNLtIItM: ~+nnv«u~+rw~. ::HOULD ANY OFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION C l t y O f Cupertino DATE THEREOF, THE ISSUING INSURER WILL ~g~gQnAIL 3 0 DAYS W RITTEN Pub11C Works Department NOTICETOTHECERTIFICATEHOLDERNAMEDTOTHELEFT,~.yTA~yGD~#]I;~l4A94~4~CX 10 3 0 0 Torre Avenue tae~xo~a>xv~~>~~ao~~av~~aoe~>s~acn4~>xs~a~x.>~;~ Cupertino, CA 95014-0255 , >UTHORIZED REPRESENTATIV^ /I ~ ~ ~ / . ACORD25-S (7/97)1 Of 2 #542696/M42695 K`J-.5 v r~a.vnva.vnrvn„r~v~. ~~..., IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the term~~ and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or I~roducer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter ttie coverage afforded by the policies listed thereon. ACORD25-S(7/s~2 of 2 #542696/M42695 COMMERCIAL GEN~FZ4L LIABILITY ~- THtS ENDORSEMENT CHANGES THE POLICY. PLERSE READ fT CAREt=LILLY. c ~~~~~T A~®afTiOl~;~L it~~-iJR~~ (GO~t~R~-C~'~i~S~ This endorsement modifies insurance provided under tine following: COMMERCIAL GENERAL LIABILITY COVER~~GE PART COMMERCIAL GENT=RAL UABIL(TY - CONTFZ4CTORS COVERAGE PART 1. WHO 1S AN INSURED - (Section I1) is amended to include any person or organization you are re- wrth the general supervision of "your t , quired to include as an additional insured on this work poficy by a written contract or written agreement e) This insurance does not apply to "bodily in- in effect during this policy period and executed jury" or "property damage" arising out of " prior to the occurrence of any loss. your work" included in the "products- 2. The insurance provided to the additional insured .completed operations hazard" unless. you are is limited as follows: required to provide such coverage by written a) The person or organization is only an addi- contract or written agreement and then only for the period of time required by the contract tional insured with respect to liability arising " and in no event beyond the expiration date of out of your work" for that additional insured. the Policy. b) In the event that the limits of liability stated in ~ fl This insurance does not apply to any person the poficy exceed the limits of liability re- or organization for whom you have procured quired by the written contract or written separate- liability. insurance while such insur- agreernent, the- insurance provided by this ~ ance is in effect, regardless of whether the - endorsement shall be limited to the Limits of ' scope or limits of insurance in this policy ex- , liability required by the written contract. This ceed those of such other insurance or .= endorsement shall not increase the limits whether sucfi other insurance is valid or col- ---- stated in Section III - LIMEYS OF Iectable. ~~ INSURANCE. „-. c) The insurance provided to the additional i 3. Subpart (1)(a) of the Pollution exclusion under Paragraph 2 Exclusi n- sured does not apply to "bodily injury", " ., ons of Bodily Injury and Property Damage Liability Coverage (Section ( - _, property damage", "personal injury" or Coverages) does not apply to you if the "bodil "advertising injury" arising out of an archi- .... tea's, engineer's or surveyor's rendering of or "~ y injury" or "property damage" arises out of "your work" pertormed on premises which are owned or failure to render any professional services rented by the additional insured at the time "your m- including: work" is pertormed. !. The preparing, approving or failing to '-'~ 4• Any coverage provided by this end t~rsement to an " prepare or approve maps, shop drawings, - additional insured shall be excess over any other ~ opinions, reports, surveys, field orders, valid and collectible insurance available to the ~---. change orders, or drawings and specifi- additional insured whether primary, excess con- cations; and , tingent ar on any other basis urr Tess a written .... f{. Su erviso p ry .or inspection activities per- ~i formed as art f contract or agreemen# specifically requires that this insurance apply on a primar or co t ib t p o any related architeo- y n r u ory basis ==~ tural or engineering activities. . --- d Except when required by written contract or 5. As soon as practicable, each additional insured written agreement, the coverage provided to must give us prompt notice of any "occurrence" ""- the additional insured by this endorsement Y which may result in a claim, forward all legal pa- does not apply to "bodily injury" or "pro ert pens to us, cooperate in the deferese of any ac- damage" arising out of acts or omissio s of lions, and otherwise comply with poficy condi- ~.~ the additions! insured other than in connec- Lions. 'I'>!ie. City of ~??er'ba:n4. and .-ta d.~~'ectp~;a czff~cers, en~a.xie~,r~G ~~ents and e~loyees and all ~,h1''c a cie frcan w3zairl pests ill xae o~ta ~ed a a' ~ d tYi ~ 7. ~~ ~ . g ~ en s ar empl oyees. , n ez c ,, xectors officers{, engineers C d2 QS 07 98 Copyright, The Travelers Indemnit Com an 1998 oooso, y p Y, Page 1 of 1 POLICY NUMBER: DT-801-737X1065-TIL-01 COMMERCIAL AUTO ISSUE DATE: os/2s/ol THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONA!_ INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Paragraph c. of the WHO IS AN INSURED provision 1. No liability is assumed by that person or organi- incfudes the person or organization indicated below, zation for the payment of any premiums stated in but only for his, her or its liability because of acts or the policy or earned under the policy. omissions of an "insured" under paragraphs a. orb. of 2. In the event of cancellation of the oli that provision, subject to the following additional pro- p cy, written notice of cancellation will be mailed by us to that visions: person or organization. Person or Organization Address ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT, EXECU'T'ED PRIOR TO LOSS, TO NAME AS ADDITIONAL INSURED The City of Cupertino and its directors, off:i_cers, engineers, agents;and er-cployees, and all public agencies frcan when permits will be ob~tai:ned and tFieix directors,, officers, engineers, agents and ~nployees. CA T3 01 02 99 Page 1 of 1 ~ ~: COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DTE-CD-737X1065-TIL-01 ISSUE DATE: 05-08-01 THIS ENDORSEMENT CHANGES THE I~OLICY. PLEASE READ IT CAREFULLY. DESIGNATED PROJECT(S)- GENERAL AG~~REGATE LIMIT This endorsement modifies insurance provided underthE: following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): EACH "PRDJECT" AWAY FROM PREMISES OWNED OR RENTED TO YOU. Designated Project General Aggregate(s): GENERAL AGGREGATE LIMIT SHOWN ON DECLARATIONS. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A. (SECTION I), and for all medical expenses caused by acci- dents under COVERAGE C (SECTION I), which can be attributed only to operations at a single designated "projecf" shown in the Schedule above: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "project", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate{s) are sched- uled above. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., excepf damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medi- cal expenses under COVERAGE C, regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shah reduce the Desig- nated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4. The limits shown in the Declarations far Each Occurrence, Fire Damage ar~d Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Aggregate Limit. ~ ~: CG D2 11 08 98 Copyright, The Travelers Indemnity Company, 1998 Page 1 of 2 ~~a~~ RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 I~~Y~~II~MBU1~911R1 Pages Fees.... No Fees Taxes... Copies.. AMT PAID 3 BRENCA DAVIS SANTP CLARA COUNTY RECORDER Recorded at the request of City RDE # 009 7/14/2003 1131 AM (liPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE INACCORDANCE WITH GOV. CODE 6103 CERTIFICATE OF COMPLETION ANI) NOTICE OF ACCEPTANCE OF COMPLETION WOLFS ROAD/I-280 INTERCI3ANGE IMPROVEMENTS PROJEC'T' 9528 Original O For Fast Endorsement t ~ City Hall CITY OF 10300 Torre Avenue Cupertino, CA 95014-3255 CU PE(~TINO (408) 777-3354 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, d~~ hereby certify that the municipal improvements in conjunction with the following project: WOLFE ROAD/I-280 INTERCIEIANGE IMPROVEMENTS PROJEC7C 9528 have been completed in accordance with the approved improvement plans and acceptance of completion was ordered by the City Council on July 7, 2003. ~r~r~/ Director of Public Works and City Engineer of the City of Cupertino Date: July 8, 2003 Printed on Recy:led Paper VERIFICATION I have reviewed this Certificate of Completio~z 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 9TH day of July 2003 at Cupertino, California. ~'' ~ r~~7C~1 ~ Administrative Clerk City of Cupertino ciTV`~oF' CUPEI~TIN ~~ ~ f AGREENIAENT CITY OF CU PERTINO 10300 Torre Avenue Cupertino, C:A 95014 (408) 77'x'-3200 BY THIS AGREEMENT, made and entered into on the by and between the CITY OF CUPERTINO (Hereinafter referred to a:. CITY) and Name (1) Zumwalt Engineering Group _(2) Address 2680 Bishop Dr. , Ste. 150 City San Ramon Zip 94583 Phone (925) 830-5016 (Hereinafter referred as CONTRACTOR), in consideration of their mu~:ual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: (See attached) EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT A TERMS: The services and/or materials furnished under this Agreement shall commence on September 13, 2001 and shall be completed before June 30, 2002 COMPENSATION: For the full performance of this Agreement, CITY ;hall pay CONTRACTOR: Amount not to exceed $7000.00 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless: Contractor agrees to save and hold harmless the Ciro, its officers, agents and employees from any and all damage and liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance: Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination: No discrimination shall be made in the employrent of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersign(~d. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any corr:racts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shell be: NAME Ralph A. Qualls, Jr. _ DEPARTMENT Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: g ~' ~i'Z~ " e -' Soc. Sec. # -- 4 ~ (v C1 APPROVALS CITY OF CUPERTINO: Title Director of Public Works EXPENDITURE DISTRIBUTION ,7~ D T T AD % ,/ L ~ ~F~ ACCOUNT NUMBER AMOUNT ' ! ~~ . LL L~ ICJ DA T E D CITY C ~a -a ~ - / I~~/p ~1~ U ` ~- j0 day of 20 , NO~~~~ White: City Clerk ~ Green: Finance Yellow: Contractor / Pink: Receiving Gold: Department 12-03-2001 8:d8AM FROM ZUMWALT ENGIN GRCIUP 925 830 5023 P•2 ZUMWALT ENGlNEE:RING GROUP Civil Engineering/Projec:t Management ' 2680 Bishop Drive. Suite 150 San Ramon, Catifomia 94583 Tet. (925) 830-5016 Fax (925) 830-5023 wuvw.zeginc ~:om ' September 13, 2001 Revised November 14, 2001 Mr. Ralph A. Qualls, Jr. Director of Public Works CITY OF CUPERTINO 10300 Torre Avenue 'Cupertino, California 950143255 Subject: Proposal for Additional Project Management Services I-280 at Wolf Road Interchange Traffic Safety Improvements Project Account No. 420-9528 File No. 74001.23 (Our Project No. 121-15) Deaz Mr. Qualls: Zumwalt Engineering Group is under contract with the City to provide project management services for the subject project. At this time, we Have nearly expended our contract budget amount. Additional project management services aze required to complete the necessary Caltrans submittals associated with this federally funded project. Background The City has received federal grant funding through the Hazard Elimination Safety (I-iES) program, which is administered by Caltrans. The proj~rct will install safety improvements at the Wolfe Road/I-280 interchange. The plans, specifications and estimates (PS&E) were prepazed by DKS Associates. The construction contract has bef:n awazded to Republic Electric. Construction is tentatively scheduled to start after the gust of next yeaz. City staff will administer the construction contract. Our existing agreement, dated September 7, 1999, had an original budget amount of $21,000. It anticipated that the PS&E would be completed and ad~~ertised within a twelve month period. However, delays relating to the selection of a design a~nsultant, execution of the consultant agreement, and project development and permitting is:~ues associated with work within the State right of way resulted in delays of neazly one year and Higher than anticipated costs. Based on the foregoing we propose the following scope of work. 12-03-2001 8:d8AM FROM ZUMWALT ENGIN GROUP 925 830 5023 p,3 ' Noveri~berl4, 2001 Proposal for Additional Project Management Services for the I-280 at Wolfe Road Interchange Traffic Safety Improvement Project Page 2 Scope of~Work Task 1 -Project Management Services - Caltrans Submittals • Prepare Caltrans "Post Award" submittal packr~gc. • Prepaze progess invoice to Caltrans for the preliminary engineering phase of the project. • Prepare progress invoice to Caltrans for the cor.~struction phase of the project. • Prepare Caltrans "Final Report" including the final project invoice. We estimate that approximately 80 staff hours will be required to complete this work. Schedule It is anticipated that the post award submittal and the first progress invoice will be completed within four weeks of your authorization to proceed. Assuming construction starts in January, the second invoice will be prepared in Mazch 2002. The final report and invoice will be completed after City Council acceptance of the project and the release of the contractor's retention. Fee We propose to accomplish the above work on a time acid material basis with a budget amount of $7,000. This amount will not be exceeded without your prior written authorization. Should you have any questions, please call Joe Enke or myself. Wc.appreciate the opportunity to be of continued service to the City of Cupertino. Very Truly Yours, 'ZUMWALT ENGINEERING GROUP A California Corporation James W. 2 alt, P.E. Principal