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09-155 Tucker Construction, Inc. Mary Ave Bicycle FootbridgeProject No. 2009-9449 DOCi7IvIENT 00520 /~, ~` _ /~ /I~~.3I CC/NTIl2ACT ~~~y~U" ~6'~~ THIS CONTRACT, dated this i~, day of~~PVY1~p/ ~ ; 2009 by and between Tucker Construction, Inc., whose place of business is located at 1725-D Little Orchard Street, San Jose, CA, 95125 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority vested in the City by the laws of the State of Califomia. PROJECT NUMBER 2009-9449 MARY AVENUE BICYCLE FOOTBRIDGE PRIVACY FENCE EXTENSION NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Worlc 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of :he Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Terry Greene, City Architect, to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 City has designated HNTB Corporation, to act as Consulting Engineer. City may change the identity of the Consulting Engineer at any time with notice and without liability to Contractor. 2.3 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue, Cupertino, California 9507 4 or to such other person(s) and address(es) as City shall provide to Contractor. 3.1 Contract Time. Article 3. Contract Time and Liquidated Damages The Contract Time will connnence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Work shall be Substantially Completed within 120 Calendar Days and Finally Completed within 150 Calendar Days from the date when Contract Time commences to run, as provided in Document 00700 (General Conditions) City of Cupertino 00520 - 1 Contract Privacy Fence Extension Project No. 2009-9449 3.2 Liquidated Damaees. ' City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consi,~tent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to Fix the amount of actual damages incurred by City because of a delay in completion of all or anypp}rt oTythe Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall a Ci 3.2.1 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Substantial Completion as specified above. 3.2.2 $1,500 for each Calendar Day that exF~ires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.3 $2,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND HOURS_ 3.2.4 Three Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before: Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. Contractor should be aware that California Dep;ai~~~ent of Fish and Game, and other State and Federal agencies, may also levy Fines and penalties for the harrrung, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become: familiar with and adhere to wildlife and endangered species protection requirements. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as are:>ult of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article ~i. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached 00520 - 2 Contract City of Cupertino Privacy Fence Extension Project No. 2009-9449 Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, product:a specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions)- and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by city is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution. delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. ~~ontract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00400 Bid Forzrt Document 00430 Subcontractors List Document 00450 Statement of Quali:Eications Document 00460 Schedule of Major Equipment and Materials Suppliers Document 00481 Non-Collusion Affidavit 00520 - 3 Contract City of Cupertino Privacy Fence Extension Project No. 2009-9449 Document 00482 Bidder Certifications Document 0051 O Notice of Award Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notice to Proceed Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specification/Special Provisions Addenda(s) Drawings/Plans 62. There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Article 7. ]Miscellaneous 7.1 Terms used in this Contract are deemed in Document 00700 (General Conditions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and coxxfined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a sut~contract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontract~~r offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem. wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northem.html and shall be made available to any interested party on request. Pursuant to Section :1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and City of Cupertino 00520 - 4 Contract Privacy Fence Extension Project No. 2009-9449 Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law c~iusing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall lie deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil :Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Govenziiient Code, Title 1 , Division 3.6, Part 3, Chapter 5. 7.9 Contractor and all subcontractors shall comply with the Uniform Administrative Requirements for State and Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, Part 18. In addition, the Contractor agrees to comply with the cost princi;~les and procedures set forth in Office of Management and Budget Circular A-87. The Contractor agrees that a reference to either Office of Management and Budget (OMB) Circular A-87of the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is applicable, and the Code of Federal Regulations, Title 49, P~;rt 18, will be included in any subcontracts entered into as a result of this contract. City of Cupertino 00520 - 5 Contract Privacy Fence Extension Project No. 2009-9449 % ~ ~ G~-~~~~~ IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above MARY AVENUE BICYCLE FOOTBRIDGE PRIVACY FENCE EXTENSION CITY: CONTRACTOR ~~ ~~ / CITY OF CUPERTINO, a Municipal Corporation of th.e Tucker Construction, Inc. State of California ,(~ By: ~~~J~~ =tx~.r~C [Signature] Attest: City Clerk: Kimberl 't Approved as to form by City Attorney: -.' i City~?ctYainey: ~~aC~l ~1~1~~ ~ Z~y Ll/~O~ [Please print name here] Title: ~C CPS\C]:C~~~ ~,- ' ' ~' .tC.t'a-~ [If Corporation: Chairman ,President, or Vice President] [Signature] [Please print name here] Title: [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] Dated: , -' J ~ f ~+~- Ralph A. Qualls Director of Public Works Designated Representative: Name: Terry W. Greene, AIA Title: City Architect Address: 10300 Torre Ave., Cupertino, CA 95014 Phone: 408-777-3 3 54 Facsimile: 408-777-33 33 AMOUNT: $24,932.00 ACCOUNT NUMBER:428-9449-930 FILE NO.: 74,009.16 '/! City of Cupertino Privacy Fence Extension State Contractor's License No. Classification .~~3~\~0 Expiration Date Taxpayer ID No. ~ -( -' ~~''~~~ ~~ By: Name: ~'~CYar~i ~yC'`~rSP ~ Title: Qf~`) \ ~~lr(t-' ~ ~~ E~e~ ~~ Address: ~ 'I Z,~ - I~ ~--i ~~ [?t C~a (7~, ~~ ~.~~~ L'.A- QSi 2~SJ Phone: '-{C"'u - 2`~i1 - 1--E Z~-F Facsimile: ~--IL~~ : 'L'`6 i - (~-1 yam, NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT 00520 - 6 Contract CALIFORNIA ALL-PURPOSE ACKNOWILE~GMENT "~~ .,~.,-...__.-.._. <c,c:c.rc .~~<~.l. "._~c wr~~-. ,Ca;C-.. ..,~,C <_1`.cs ~~`f_;rc`^. State of California \ `_ l County of ~~lc~-i ~ ~~„I'~C~ Ji On~r't~~wtt3cr 7~r ~~y before me, ~,'Vlf-' n 1 rr~tn~~ Yt' ~t `1t?~:IfL1 ~ ~~i L. ~~' Date ~T~ Nere Insert Nand Ttle of the Offic r ;a personally appeared ~Ylc%t~Ck I LX'_~~/ Name(s) of Signer(s) T who proved to me on the basis of satisfactory ~~, evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged ?3 to me that he/she/they executed the same in ?. his/net/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the 7~ MARY ANN GRILU ~~ Commission s t8t6823 per:>on(s), or the entity upon behalf of which the g; _ -~- Notary Public -California = person(s) acted, executed the instrument. ?, = Santa Clara County M Comm. Expires oct io. 2ot2 I certify under PENALTY OF PERJURY under the ~' laws of the State of California that the foregoing- ~- paragraph is true and correct. ~- .~~"~ Wll"NESS m hand and official al. y -~ ~,. Slgnatale ~ ~ ~'_ --, Place Notary Seal and/or Stamp Above Signature of Notary Pub i OPT/ON~I L ?,~ Though the information below is not required by /a w, it may prove valuable to pets rel g 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: 23 Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Cl Corporate Officer -Title(s): Cl Individual ~ i ~ Partner - D Limited O General Top of thumb here O Attorney in Fact O Trustee n Guardian or Conservator O Other: Signer Is Representing: Signer's Name: I~ Corporate Officer -Title(s): I~ Individual I -l Partner - O Limited 7 General Top of thumb here I~ Attorney in Fact I~ Trustee I-I Guardian or Conservator I~ Other: Signer Is Representing: _J ..-..~..~;~~. <;...~ ~c-~:<.< ~v_~'<: <... <. :;<~::•_=~--~~,-c.~~~:<-~.:<.%c:'._ti.<;~=~-~'c,-=c.-c--~; <-.-~~-~;<~ti ~~ :.;c~~~c=c:Y,:'<=<:<%c.~c.%c.~c=c.-c=c:-~,c:-~_c:~,c;<ti<~c:~.c;<~cw~•c.~,c:~:T~ ©200H National Notary Association • 9350 De Soto Ave-, P-O. Box 2402 • Chatsworth, CA 9131:3-2402 • www.NationalNOtary-org Item #5907 Reorder Call Toll-Free 1-800-876-6827 .~r.. vAM Y ~ p~mT6~ ~ s f -,f `~ yl6TON '~~-~n -.•~s2 's ~~~~ A Project No. 2009-9449 DOCUD~NT 00400 BITS FORM To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders). TO TFiE HONORABLE CITY COUNCIL. OF THE C[TY OF CUPERTINO THIS BID IS SUBMITTED BY: Tucker Construction, Inc. (Firm/Campany Name) Re: PROJECT NUMBER 2009-9449 MARY AVENUE BICYCLE FOOTBRIDGE PRIVACY FENCE EXTENSION 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), to perform and furnish all Work as specified or indicated ire the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must lbe completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non-responsive. 2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100 (Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening. 3. Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and analysis and given notices, regarding the Project and the Site, as set forth in Document 00520 (Contract), Article 5. 4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Coniract Code, are listed on the attached Document 00430 (Subcontractors List). 6. The undersigned Bidder understands that City reserves the right to reject this Bid. 7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not limited toy Document 00520 (Contract), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payme~it Bond). 8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below on the signature page. 10. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety bond famished by a surety authorized to do a surety business in City of Cupertino Bid Form Privacy Fence Extension 00400 - 1 3 _ .v.. ~ ~% - f ~-"'~"`- ~ r s. ~ .' .., i _ Project No. 2009-9449 the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent (10%) of the total of Bid and made payable to the "City of Cupertino". 11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520 (Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents. 12. The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00520 (Contract) shall be as set forth in Document 0052D (Contract). City of Cupertino Bid Form Privacy Fence Extension 00400 - 2 Project No. 2009-9449 SCHEDULE IMF BID PRICES All Bid items, including lump sums and unit prices, must be filled in completely. Allowances and Alternative Bid items are described in Document 00800 (Special Conditions). Quote in figures only, unless words are specifically requested. Specialty Items are identified on the Bid Form in the description. ITEM - DESCRIPTION UNIT' aTY TOTAL .. ~. Construct Privacy Fence Extension LS 1 $24,932.00 TOTAL B,ID PRICE $24,932.00 Total Bid Price: Twenty four thousand nine Inundred thirty two and 00/100 {Words) Unit Legend LS =Lump Sum AL =Allowance EA =Each SF =Square Feet LF =Linear Feet TON =Ton or 2,Q00 Pounds CY =Cubic Yards LB =Pounds City of Cupertino ~ Bid Form Privacy Fence Extension 00400 - 3 Project No. 2009-9449 ACKNOWLEDGEMENT OF RECEII''T OF ADDENDUNLS Bidder herby acknowledges receipt and eacamination of all Contract Documents and the following Addenda: Addendum No. Addendum Date 1 Nov. 24. 2009 Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form, NAME of BIDDER: Tucker Construction, Inc. licensed in accordance with an act for the registration of Contractors, and with license number: 454738 Expiration Date: 3/31 /1 O GA Mark Tucker -President, CEO, SEC __ Where incorporated, if applicable Principals I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ~ ~_ ;~~,~~- Signature of Bidder NOTE: If Bidder is a corporation, set forth the legal name of the corporation, state where incorporated, together with the signature of the ogicer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. 1725-D Little Orchard Street Business Address: ~ ~ L (~ Ori17ri Officers authorized to sign contracts: Mark David TUCker nn~r+: r. Aur~n Tucker Typed Full Name: Telephone Number(s): d(1R_9R7_'1 d9d Fax Number(s): 408-287-1448 E-Mail Address: tuckerCa~tuckercon.com END OF DOCiJMENT City of Cupertino Bid Form Privacy Fence Extension 00400 - 4 Project No. 2009-9449 DOCUMENT 00430 REQUIIiED SUBCONTRACTORS LIST Bidder must provide the following Listed Subcontractor in formation in conformance with the California Public Contract Code where the value of the Subcontractor's work is or exceeds '/z of one percent (.05%) of the Bid on Document 00400. Failure to do so will render Bid Non Responsive. Bidder is reminded that Listed Subcontractors cannot be substituted by the Apparent Low Bidder after Bid has been submitted and opened, without City's formal approval. Subcontractor Name Address 8c Phone No. License No. Trade ~ $ Value $ ox 82't734 tilling & Concrete 6'15p.00 CA. Caissons & Shorin Attach additional sheets if necessary VOLUNTARY SUBCONTRACTOR LIST Bidder is requested to voluntarily provide Subcontractor viformation listed below for subcontract work whose value is less than '/s of one percent of the Bid on Document 00400. Failure to do so will have no impact on Bid. Bidder is requested not to substitute Subcontractors after ]aid has been submitted and opened, without City's informal approval. additional sheets if necessary END OF DOCUMENT City of Cupertino 00430 - 1 Subcontractors List Privacy Fence Extension Project No. 2009-9449 DOCUN~NT 00460 SCHEDULE OF MAJOR EQUIPl~'IENT AND MATERIAL SUPPLIERS The undersigned Bidder represents that, if awarded the Contract, the items of major equipment and materials specified below will be supplied by the manufacturers or suppliers specified below. By so indicating, bidder warrants that the equipment and materials manufacturer and/or supplied by the named manufacturer or supplier will be provided on the Project unless review of submittal information or F~erformance under tests reveals that the equipment or material does not meet Contract requirements. Failure to indicate a manufacturer or supplier listed in the following schedule may render the Bid non-responsive and may be the basis for rejection of the Bid. Item Manufacturer or Supplier 1. Wood Supplier ~~ Cl~ l~l.%1 )f? ~~m.~DC~ Bidder: Tucker Construction, Inc_ s SIGNATURE December 8. 2009 DATE END OF DOCUMENT City of Cupertino Privacy Fence Extension SCHEDULE OF MAJOR EQUIPMENT AND MATERIAL SUPPLIERS 00460 - ] Project No. 2009-9449 DOCUMENT 00481 NON-COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE §7106 NON-COLLUSION AFFIDAVIT TO BE EXECLIT'ED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) \ ) ss. COUNTY OF ~`~~ Y\-t C i C~t C~ Mark Tucker being first duly sworn, deposes and says that he or she is President [office of At~~ant] of Tucker Construction, Inc. [Name of Bidder], the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf o~ any undisclosed person, partnership, company, association, orga.,i~,.tion, or corporation; that the Bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding, and that the Bidder has not in any manner, directly or indirectly, sought by contract, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any advantage against the City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof or the wntents thereof or divulged information or data relative there~.o, or paid, and will not pay, any fee to any corporation, partnership, company association, organ'Ation, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. Executed under penalty of perjury under the laws of the State of California: Tu~~ker Construction Inc (N. ne ofBi derma (Signature of Principal) Subscribed and sworn before me This day of 2009 Notary Public of the State of In and for the County of My Commission expires- (Seal) (If Bidder is a parnership or a joint venture, this: affidavit must be signed and sworn to by every member of the partnership or venture.) . (If Bidder [including any partner or venturer o:f a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.) (If Bidder's affidavit on this form is made out>ide the State of California, the official position of the person taking such affidavit shall be certified according to lawJ END OF' DOCUMENT City of Cupertino 00481 - 1 Non-Collusion Affidavit Privacy Fence Extension CALIFORNIA JURAT WITH AFFIANT STATEMENT See Attached Document (Notary to cross out lines 1-6 below) ee Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature oT Document Signer No. 1 Signature o/ Document Signer No. 2 (if any) State of California ~~' ~~~ C`G' t County of ~ Subscribed and sworn to (or affirmed) before me on this ~'~~`1 day of ~~~rnh~r 20 b~ by Data Monlh Year Name of Slgnar MARY ANN t3R1LU Ca~nNSSlon s 1lif1i823 Froved to me on the basis of satisfactory evidence fllotary Pu01ic - California to be the person who appeared before me (.) (,) Santa Clara County Cowwn, as Oat 10 2012 (and _ ~__.__ . `~ ' _ ` _ (2) ~ Name of Signer i% ~id ~ i f t i f ory ence s ac s o s proved to me on the bas ,,. to be the person who appeared b fore me.~ ~:ignatu -`~ Signs lir@ of Notary Publ~ \ Place Nolery Seel Above ~~-/ OPT/OI'VAL Though the information be/ow is not required by law, it ma)r prove - valuable to persons relying on the document and could p.~event _ . -• . -•~ fraudulent remove/ and reattachment of this form to another document_ Top of thumb here Top of thumb here Further Description of Any Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: v ®2007 NaBOnel Notary Assoclatlon • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 9 1 31 32 4 02 • wvav.NetlonalNOtary.org Item Y591 O Reorder: Cell Toll-Free 1-BOO-B]6~827 Project No. 2009-9449 DOCLIMELVT 00210 INDEMNITY AND RELEASE AGREEMENT Dated December 8, 2009 POTENTIAL, BIDDER: Tucker Construction, Inc CITY: THE CTI'Y OF CLIPERTINO SITE: Intersection of Mary Ave, and Meteor Drive PROJECT: MARY AVENL7E BICYCLE FOOTBRIDGE PRIVACY FENCE EXTENSION In consideration of the above-referenced City's permitting the undersigned potential bidder (`Bidder") to have access to, and to conduct investigations, tests and/or inspections on, the Site, Bidder hereby agrees as follows: 1. To the greatest extent permitted by law, Bidder hereby releases, and shall defend, indemnify and hold harmless City, and its officers, employees, consultants (including without limitation Consulting Engineer), representatives, a: td agents, and all other parties having any other interest in the Site, against any claim or liability, including attorney's fees, arising from or relating to any Site-related access, investigation, test, inspection and/or other activity conducted by Bidder or any of Bidder's officers, employees, consultants, representatives, and/or agents, regardless of whether claim or liability is caused in part by the negligence of City or by any released and indemnified party. 2. Bidder hereby waives the provisions of California Civil Code Section 1542 which provides as follows: A general release does not extend to claims that the creditor does not lrnow or suspect to exist in his favor at the time of executing the release, which if lrnown by him, must have materially affected his settlement with the debtor. 3. Bidder shall repair any damage to the Site or adjacent property resulting from activities authorized hereunder, and comply with and be subject to all other requirements and obligations described or referenced iin Document 00320 (Geoteclmical Data and Existing Conditions). 4. Attached hereto (or to be delivered separately before Bidder's visit to the Site) is a certificate for comprehensive general liability +*~~~*ance satisfying the requirements of Document 00700 (General Conditions). 5. Although this Indemnity and Release Agreement is not a Contract Doc~nnent (see Document 00520 Contract), it shall be fully effective and binding regardless of whether Bidder submits a Bid for the subject Project, is awarded a contract for the Project, or otherwise. Tucker Construction. Inc _ Name of 'dd~`~ r, signature Mark Tucker signature Mark Tucker Its: President Lts: Secretary Title (If Corporation: Chairman, President or Vice Title (If Corporation: Secretary, Assistant Secretary, President) Chief Financial Officer or Assistant Treasurer) City of Cupertino 00210-] Indemnity and Release Agreement Privacy Fence Extension Project No. 2009A449 Bond No. 5063949 Dt7CLJ1t~NT 00610 Premium: $623.00 CONSTRUCTION PERFORMANCE SONri THIS CONSTRLICTTON PFiRFO1tMANCE BOND ("Flood") is dated Dec _ 18 , 2009 ~ ~ ti1~ pelaal sum of T~n~er, ~-F'c-~ur_ Thousand. Nine Hundred Thirt -Two 6c no - - - - - - - - - - - - - - - - D o I 1 a r s ($ 2 4 , 9 3 2 _ O o [which is one hutadrod percent of the C:ontraet Yrice), and is entered into by and between the parties listed below to erasure the faithful performanct of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, aragrapht 1 through 12, attached to this page- Any singular reference to Tucker Construction, ~nc. ,~•Coatractor"), SureTec Insurance Company - (••Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural whc;re applicable. CONTRACTOR: Tucker Construction, 2nc. Name 1725-D Little Orchard Street Address San Jose, CA 95125 Ciry/State/Zip SiJRETY: SureTec Insurance Company Name 952 Echo Lane, Suite 450 Principal Place of Business Houston, TX 77024 City/State/Gip .CONSTRUCTION CONTRACT: 1VIAIiY AVENLl>s; BICYCLE FOOTBi2IDGE YRiVACX FENCE EXTENISION PIiO~fECT lYLl1~~ER 2009-9449 at Cupertino, Californa_ DATED December 18 2.0 O 9 in the Amourit of $ 2 4 , 9 3 2 . O O (the "Penal Sum") CONTRACTO1tASPRSt•7CIPAL SC7RL~TY SureTec Snsurance Company Company- orp. Se Tucker Co~ uction, ]:nc Company: (Corp. Se ) Signature: ~`''E Signature: ~rr~"~ `, _ Na y rguso Narue and Title: ~~~.'(k \~~'~~ ~ Name itle: At 1n Fact BOND TERMS .ANI) CONbI TIONS 1. Contractor and Surety, jointly and severally, bind thctn-~snlves, their heirs, executors, adminiatratnrs, surn:esaoa~x and assigns to City for the complete and proper performance of the Consttvotioa Cantraet, which is iacorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Coastsuction Contrsot, Surety and Contractor nhall have ao obligatioA under thi: Bond. 3. If there is no City l7efa~ult, Surety's obligation urn3er this Bond shall aline after: 3.1 City has declared a Contractor Dethult under the Construction Contract pursuant to the terms of the Construction Contracr, and 3.2 City lass afreed to pay the Balance of the Contract Sum: - 3.2.1 To Surety in accordance with the tca-ms of this Btnrd and the Construction C4atraCt; or City of CuparYiao Conntnietioa Pmfosmance Hoed Privacy Fence Brctensioa 00610 - 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California \ _ County of ~r`r~ ~~~ed[(~ On ~et~ml~r 24 2rx,~`3 before me, ~n n ~'Y l (~. ~'1 r~~ 4 yt_.G ~c,~ ~r L , Date ~ Here Insert N eTan[1 Title of th Officer personally appeared ~~(1Ck~ •-T~X~e~ Name(s) of Signer(s) MARY ANN GRILLI Commission s f 81682, i Notary Public - Califortnia Santa Clara County Caarn. os Oct 10 201 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the per:>on(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California ttrat the foregoing par:~graph is true and correct. ~ Wll-NESS my hand and.ol~Ficial steal. Signatur Place Notary Seal antl/or Stamp Above OPT/ONAi L Though the information be/ow is not required by law, it may prove va/uab/e~to~ and cou/d prevent fraudulent removal and rea;7achment of this form Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: n Corporate Officer -Title(s): D Guardian or Conservator i~ Other: C7 Individual O Partner - U Limited U General Top of thumb here n Attorney in Fact D Trustee Signer Is Representing: ling on the document document. Number of Pages: II Signer's Name: C7 Corporate Officer -Title(s): C7 Individual C~ Partner - ~ Limited O General Top of thumb here C~ Attorney in Fact C~ Trustee LJ Guardian or Conservator C~ Other: Signer Is Representing: -~:'~-'ti<--C,'r .L tics!,Y~C~`c:'LY.:C~`C%C.~rti.%v~G%C~`C.%C.`C%~~c--C:C-G~`<~C~`=~V~'C~`C.G%G%C,K~G.~c-Gi<-S;G!C~~~Ci ~<i`C=~.`(;/v~'C~~;Cis!Ci~c%Ci~~Ci~c.C.~c.CJC~C:~:Ci~c~Ci~c.G.~c%C~~c%C~~c%G~~e%Ci~e-,C.~c.t:`cYJ=: m 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91 31 3-2402 • www.NationalNO[ary.org I[em #590 Reortler Call Toll-Free 1-800-676-6827 UJINa NNA vRAM _ ..-_; ES88tHt ~ no~aaunnwD ' iimotUtO - aAdu9 ruwN ~ . _ rt~uo~ a.ai~ stns2 tOS O t ta0 asu a9 mmoa CALIFORNIA ALL-PURPOSE ACKNOWLI=DGMENT State of Cnlifornin county of Snn Mnteo On Dec. 18, 2009 before me, Dnvid Crnin ,Notary Public, Name or Officer personally appeared Nnney Ferguson Name(s) oT Signer(s) who proved to me on the basis of satisfactory evidence to be the person(-s~ whose name(s) isfar~ subscribed to the within instrument and acknowledgt~d to me that heLshe/they executed the same in #+s/herJ-themauthorized capacity(ies~, and that by~+sFherlt#etr signatures on the instrument the person(-s~, or the entity on behalf of which the person(-s~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the latnis of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~ OFF 1 C 1 A L SEA L 4 CAVIL CRAIN ~ //~''\~~ NOTARY PUBLIC-CALIFORNIA L7 ( • ^ _- ~ Commission #1819428 ~ \vT~, `^^+v` a Countyy of San Matao My Cnmrnigutan atprre• Oot. 24, 2012 SignaWre of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevt~nt fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Q Individual(s) 0 Corporate Officer(s) TRIe(s) O Partner(s) Q Limited O General Q Attorney(s)-In-Fact O Trustee(s) p Guardian(s)/Conservator(s) 0 Other: Signer is representing: roams of person(s) or entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Tile or Type of Document Number of Pages Signer(s) other than nametl above Project No. 2009-9449 3.2.2 To a contractor selected to perfonxi Yhn Construction Contract is accordance with the teaYns of tlris Bond and the Construction Contract. When City has satist'xed the conditions of paragraph 3, Surety shall promptly (within 30 days) tnd at 3ttrety's expense elect to take one of the following actions; 4.1 Arrange for Contractor, with consort of City, to perform and complete the Conatructiorr Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4, below); or 4.2 Undertake to perform and eomphste the Construction Contract itself, through its agazts or through independent contractors; provided, that :itrrery may nqt select Contractor as its agent or independent contractor without City's consent; or 4.3 Undertake to perform and complete tkie Constructiua Contract by obtaining bids f3'om qualifed contractors acceptable to City for a contract for performance and completion of thy: Construction Contract, and, upon determination by CiC/ of the lgweat responsible bidder, arrange for a contract to be prepared for execution by City and the amtractor selncteil wiWr City's coacurrenee, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety's obligations defined is paragraph 6, below, exceed the Balance of the Contract Sum, then Surety shall pay to City the amount of such excess; or 4.4 Waive its right to perform and complete, a,~r„=Don £or completion, or obtain a new eontr:ictor and with rcaaonable promptness under the circumstances, and, after investigation and conattltao.on with City, determige in good faith its monetary obligation to City sender paragraph 6, below, for fhs perforrasnoe and completion of the Construction Contract sad, as soon as practicable after the ttrnpunt is detcrnrinesd, tender payment therefor to City with full explsaattion o£ the payment's calcttlatian. If City accdlats Surery's tender under this paragraph 4.4, Cif,. may still hold Surety liable for flran-e damages then ttti7atown or tnrliquidated resulting from tt~ Contractor Default. If City disputes the atrtormt of Surety's tender under this paragraph 4.4, City may oxerciae all remedies available m it at law to ceforpe Sumty's liability under paragraph 6, below. 7f Surety does not proceed as provided in paragraph 4, above, them Surety shall be deemed to b;s in dothult on this Bond ten days attar receipt of an additional written notice from City m Surety demandL>,g that Surety perform its obligations under this Bond. At all tithes City shall be entitled to enforce aqy remedy available to City at law or under the Construction Contract including, without Limitation, and by way of exaurldo only, rights to perfturn work, protect wor1S mitigate damages, advanar. critical work to mitigate schrx4ile delay, or coordinate work with other consultants or contractors. Surety's monetary obligation trader this Bond is limited by the Amount o£ this Bond ideatltfed heron as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Stem. 3ubjoct to those lfatits, Surety's obligations trader this Bond are corrnrronsurata with the obligations of Contrtec~:or tender the Construction Contract- Surety's obligations shall include, but arc not limited to: 6.1 The responsrbilitics qF Contractor tender the Construction Contact for oorapletiwn of the: COastrvction Contract and correction of defective work; " 6.2 1'he responsibilltiea of Contractor under the Construction Contract to pay liquidated daarages, and for dlamages £or which no liquidated damages era specified in the Coastrttodoa Contract, ar,-teat damages earned by non-perform'°-~^e of the Construattoa Contract including, but not limited to, all valid and pnrpcr backcharges, offsets, payntcnts, ind,nrntities, or other damages; 6.3 Additional legal, design proSessioaal and delay costa resulting from Contractor Default or rwultiag from the actions or faihtre to act of the Surety under paragraph 4, above (but excluding attorney':; Eyes inctured to enforce this Bond). City of Cupertino Privacy Fcncc Extension 0061 O - 2 Construction Performance Bond Projec~: No. 2009-4449 7. No right of notion shall accrue oa this Sond to any person or entity other than City or its suaoaaaxis or ~e ~ ._ 8. Surety hereby waives notice of any change, slt~ation a'r addition to the Construction Contract ar to xalated subcontracts, purchase orders and other obligsticals, including changes of tia-e. Surety conscntt: to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alterrrion, ntodi$cation, deletion, or addition to the Contract Documents, or of the work requiriDd tlteretsnder, shall release or exonerate Surety on this Bond os :in any way aft'eet the obligations of Surety on Bus Bo;od. 4. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of oorrrpeteat jurisdiction where a proceeding ie pending between City a~ld Contractor regarding the Construction Contract„ or is the courts of the County of Santa Clara, OY in a COlltl of CnmQCtent jurisdictina in the laCatiOa is WL.ich tiles work is located. Communications from City to Surety under paragraph 3.1 of this Bond ahaIl be deernai to include the necessary contracu tinder paragraph 3.2 of this Bend unless expressly stated otherwise. 1 O. AU notices to Surety or Contractor shall be mailed or dellverc3 (at the addrosa set forth on the sigoet[tre pace of this 8oad), and all aorioes to City shall be mailed or delivered as provided in Docompnt OOi20 (Contract). Actual receipt of notice by Stuety, City or Contrseetor, howevca accomplished, shall be suflicieat complianoe as of rite date reonived at the foregoing addresses. 11. Any provision in this Sond conflicting with auy statutory or regulatory requiremera shall be deemed deleted herefrom cad provisions conforrrting tv such statutory requirealent shall be deemed incorporated :herein. 12. Definitions. 12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Constntadon Contract after all proper adjustments have been made under flu Construction Contract, for example, deductions for progress paymentt made, cad iaareasos/deereases for approved nwdi$eatiotts to the Construction Contract. 12.2 Coastsuation Contract: The contract between City and Contractor ideati$ed on the sigrtattem page of this Bond, including all Contract Documents erred changcathc-rcto. 12.3 Contractor Default Material failure of C'.ontraatar, which has neither been remedied rrnr waived, to perform or atlrcrwiae to comply with the terms of the Cunstructioa Contract ireeludirtg, but not limited to, "default" or any other condition allowing a termination for cause as provided in Doctuaent 00700 (Creneral Condiricns). 12.4 City Default: Material failure of City, which has neither boon remedied nor waived, to pay Contractor progress payments doe under the Coastrvctioa Contract or to perform other material farms of tiu Consttuation Contntct, i{ such failure is the cause of the asserted Contractor DeSwlt and fa autle"iaieat m justify Contractor termination of the CoasnvctIon Contract. E1VD OF ]?OCIIMEN~' City of Cupertino Conanvcifon Performarioe Sond Privacy Fence 8xtensioa G061 O - 3 Project: No. 2009-9449 Bond No. 5063949 Premium: Sncl_ DOCYJt~~IENT 00620 CONSTRiJCTION LABOR A1WD MATERIAL PAY1friSNT $ON'D THIS CONSTRI.7CTION LABOR AND MATERIAL PA'YM>;.NT BOND ('BOnd'7 is dated Dec . 1 6 , z o 0 9 ~ in the penal sure mwenty-Four Thousand. Nine Hundred Thirty-Two Dollars ( 24~, 932.00) [one hundred pet'eent of the Contract Price], and is entered into by and between the parties listed belo•rv to ensure the payment of claimants tuader the Conattuctfon Contract IisUxi below. T'!rix Bond consists of thin page and the Bond Terms and Conditions, Paragraphs 1 through 14, attached to this page. Any sinpttlar zeference to Tucker Construction, 2nc. (`•Co~atractor"), SuraTec 2nsurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or othea party shaII ba considered plaual where applicable. CONTRACTOR: Tucker Construction, 2nc. Name 1725-D Little Orchard Street Address San Jose. CA 95125 City/State/Zip CONSTRI.7CTION CONTRACT: SL7RETY: SureTec Snsurance Company Name 952 Echo Lane, Suite 450 Principal Place o£Susinesa Houston, TX 77024 City/Stata/Zip MARY A•VENiJE $7CYCLE FOOTBRIDGE PRII>ACY FENCE EXTENSION PROrN.CT NlSMBER 2009A449 at Cupertino, California. DATED December 18 20 O 9 in the Amount of S 2 4 , 9 3 2 . O O ttlte ••p,mal Stun") Tucker Construction, 2nc. SureTec Insurance Company CONTRACTOR AS PRINCIPAL SLTRETY Company: (Ca Seal- Company: (Co .Sea - i~J Signature: ~~~ \ °"~'~_ Signaturt: ~"'~"~ Fem.//~_/ Nanc rguson Name and Titl~~yy. ,r!\~: V~ \ 1~C_`_~~- j~ Nam: sad ells: Alto Sn Fact BOND TEI2M9 AND CONDI"lION3 Contractor and Surety, jointly sad severally, bind thearvsnlves, their heirs, executors, admiaiatratars, s1aCCbiSOrS and assigns to City and to Clairnauu, to pay for labor, materials and equipment ftarnisbed i'or use in the performaacn o£the Construction Contract, which. is incorporated herein by reference. With respect to City, this obligation shall be mall and void it"Contractor: 2.1 Promptly makes payment, directly or itu3irectly, for all sums due Claimants; and 2.2 Defends, iradetruvifies and holds harmleES City from all claims, demands. titans ar suits by say person or entity who fSaraished labor, materials or equipment for nsn in the porforraanoe of t7,e Coastavotiom Contact, provided Ciry has promptly notified Contractor and Surety (as the address set l'orda o~n the signature page of this Bond) of any cInims, dernatada, Berns or suite and tendered defense of such claims, demands, liens or suits to Coatr:actot and Surety, and pravidod there is no City Default With respect to Cla~**•'^ts, this obligation shall be nuA and void if Contractor promptly makes payment, directly or indirectly through its Subcontractors, for atl sums due Clairaatats. If Contractor or its SiibCOatractaas, City of G1apr,-t;,,~, Construction Labor anti Matea'ial Privacy Fence Extension OOd20 - 1 Payment $omd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .<;:. ,-c -..<:~ .:,-r ~rcr<-.rc.r_c;rc-%~<.c<.r-.r,.rc:c~:rc;.:,~;r<:~x:'>.-.r.~-.rtr,~r,~-.:,~:r.~xcrc:r.~rcrcrrrcr.`r,~rcrcrcrcrcr ~~ `~ State of California ~C ~` County of ~~t ~~, ~ ~~?~~ F r On m~r Z~k~~ before me, ~~( s ~Clt4 r1h lrrl l~i ~[?~~~ n~ ~~ l L , Date Here Insert N me antl Title of the fficer FS personally appeared ~V'Kt Y~ --~~~C°~iC'i~ F Name(s) of Signer(s) MARY ANN GRILLI Commission ! 1816823 _ ~+ Notary Public -California = Santa Clara County Comm. Tres Oct 10. 2012 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/per/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the per:~on(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I cE~rtify under PENALTY OF PERJURY under the law:> of the State of California that the for_eg_o_ing paragraph is true and correct. , -~ _ . _,__ Wll"NESS my hand and official s~al.~ Signatu~`- s ~X ~'` Place Notary S¢al antl/or Stamp Above S g t t ~-7tl OPT/ONAIL r~1 ~ Though the information be/ow is not required by law, if may prove va/uab/e to pens re/yin n the document and cou/d prevent fraudulent removal and real7achment of this form to ano ment. Description of Attached Document ?-~ Title or Type of Document: lTi Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: n Corporate Officer -Title(s): I.J Individual - 0 Partner - Cl Limited 0 General Top of thur„b here O Attorney in Fact n Trustee ~ Guardian or Conservator n Other: Signer Is Representing: Signer's Name: LJ Corporate Officer -Title(s): C~ Individual O Partner - f.-] Limited D General Top of thumb here O Attorney in Fact O Trustee C7 Guardian or Conservator C7 Other: Signer Is Representing i j ;.:,~ ~~ti<..<.:~%:'c%C.'c=G.'c%C.'r :~',LC%C:~-;L`~.C.'<~C.tii~,~c~.<,~c..G.~e:G.~c.%C.v"c.%C.c4~c=.<.:_%C.~c~C~ti-~.,v.%V`~,C-'~.C-~c.=C."c~G:'c=C:'t=t.`c.%G.'c%C:`e%C.`~,C:~,Ci~c_-%Ci`~%f.`~~C^c-%C:`~~C:~t.ci~t.Ci`~%V~'+':JT~ © 2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91 31 3 2402 • www.NationalNO[ary.org Item #5907 Reortlec Call Toll-Free 1-800-876-6BD iJJIAc NNA rgAM ES83r8! • neczz~mmo0 ' " ~_°. cm.o~u50 - 0~~~~4 Y~sroN ~-.,: - ~ ~17'~UU~'' 61617 61f1LZ StOS C r ra0 zsi~gc3 mmoD M CALIFORNIA ALL-PURPOSE ACKNOWLI=DGMENT State of California County of Snn Mateo On Dec_ 18, 2009 before me, David Crain Notary Public, personally appeared Nancy Ferguson Name(s) of signer(s) who proved to me on the basis of satisfactory evidence to be the person(s~ whose name(-s~ i~,'a:~ subscribed to the within instrument and acknowledged to me that he/she'. executed the same in his/herlt#ei~authorized capacity(ies-), and that by~+sFherftkiein signatures-) on the instrument the person(-s~, or the entity on behalf of which the person(s~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. o F F t c t A ~ SEAL ~ DAVItJ CRAIN ~ Q NOTARY PUBLIC -CALIFORNIA G) ~~ ^ ~N\ ~ Commission #1819428 ~ (v`-~ d Coun~j. of San Motao F, My Cpmmiss on sxplr9e Oet. 2a, 2012 Signature or Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER O Individual(s) O Corporate Officer(s) O Partner(s) a Limited O General O Attorney(s)-In-Fact D Trustee(s) O Guardian(s)/Conservator(s) ~ Other: Signer is representing: Name of person(s) or entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) other than named above Projacx No. 2009-4449 however, fall to pay any of the perxoas nxemc2! in Section 3181 of the Califorsia Civil Code, en amounts due under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for any attwunts required to be deducted, withheld, and paid over to the Employment Desvelopntenat Dcpertnaont from the wages of employees of Contractor or liuhcontractrn-s pursuant to Section 13020 pf the Unemployaaeat Insurance Code, with respect to such Work sad. labor, thrn Surety shall pay for the same, and also, in case suit is brought upon this Goad, a reasonable attorael~'s frx, to be lixled by the court. 4. consistent with the Califomia Mechanic's Lien Law, Civil Code §3082, Itt seq., Surety shall have ao obligation to Claimants under this Band unless the Claiauuat has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed then amiount of this Etorul, and the amount of this $ortd sleall be credited for say payments made in good faith by Surety :ender this Bond. 6. Amounts due Contractor erndea• the Construction Contract shall be applied That to satiety claims, if say, under any Construction Pcrlormattce Bond and sccnnef, to satisfy obligations of Coatcaetor sad Starety undo this Bond. 7. City shall not be liable for payment of any costa, expenses, or attoaaey's fees o£any Claimant t:uaflaa this Bond, and shall have under this Bond ao obligations tc make payments to, give notices oa behalf of, of otherwise have obligations m Claimants under this Bemd_ 8. Surety hereby waives notice of any change, inchadirtg changes of tint, to the Construction Conhsct or to related subcontracts, purchase orders and other obligations. Surety further horeby stipulates sad agrees that no change, exte.~lsipa of time, alteration or addition t0 tine terms of the Construction Contract, Or to the Work to be performed thereunder, or materials or equipment to be fiuaishad thereunder or the SpeciScatioa:: acoompaaying the same, shall in say way affect its obligation: under thin Bond, and it does herimby waive say requiretrttaat of notice or nay such chaser, extension of time, alteration or addirion to the terms of the Coastruc~ion Contract or to the Work or to the Specifications or any other changes. 9. Suit against Surety on this Boad may be brought by any Claiinaat, or its assigns, at say time aRer the Claimant bas furnished the last of the: labor or materiels, gar both, but, per Civil Coda §3249, muss be oonunanced before the expiration of nix txtonths steer the period in which stop notices stay be filed as provided. is Civil Code §3184. 1 O. All notices to Surety or Contractor shall bo mailext or delivered (at the address set forth on the siga$turc page of this Bond), and all notices to City shall be mseiled or delivored as provided in Doatnaant 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, howevea accomplished, shall be sufHeiea: compliance as of the data rocetved at the foregoing addresses. 1 i. This Bond has beta furnished to comply with the California Mechanic's ]:.ice Law inchadlltg, bu! not limited to, Civic Code §§3247, 3248, Ct seq. Any provisirnl in this Sped Conflicting with Said statutory regaxiremente shall be deemed deleted herefivm and provisions co~ifortning to such statutory or othea la>:a1 regtairesaenis shall be • deemed incorporated herein. T'hc intent is that this Bond shall be constrped aS a statnteny bored sad not es a common law bond. 12. Upon regvcst by say person or entity appesrirag to be a poteatiai beneficiary of this $oad, C:ontracbor shall promptly ftiraish a copy of this 73ond or shall pmatit a copy to be made. 13. Contractor shall pay no pesraona performing labor in and about Work provided Nor in the Contract Documents ea amount equal to or more than the general prevailing rate of pot diem wages for (1) work of s similar c*~*~^ter in the locality in which the Wexrk is performed and (2) legal holiday and overtime work in said locality. T'he pot diem wages shall be an amount equal to or tn:pre than the stipulated rates contained in a schedule that hate beta aacertamed and determined by the Director of the Satre Depsrtmeat of Industrial I2alati.0as and City m be the general prevailing rats aF pot diem wages for ea• :h craft or type of worl®aa nr cuechswic neeeded to execute this City of Cnpertlao Privacy Fence Extension 00620 - 2 Conafavcdoia Labor eta; Mataarlal Payment Bond Project No. 2004-9449 14. Contract. Contractor shall also cause a Dopy of tizis detc+~++t.,~taaac o£the prevailing rule otpezr diem wages to be posted at each Sitn. Detlnitions. 14,1 Claimant: An individual or entity having a direct contract with Contractor or with a Suboontraotor of Contractor to ftQrtish labor, materials or equipmemc for ,.ee in the perfenaaaaee of the Contract, as fiutber defined in California Civil Code; §3181_ The intnat of this Bond shall be tD inehrde without limitation in the terms "labor. raaierlals or egttiptt~nttt° that part of water, gav, power, light, heat, oil, gasoline, telephone service oz rental agttipmont used in the ConstruetIoa Contract, architactura! and etcgiateering services required for performance of tlae Work of Goatractor aty3 Contraetex's Subcontractors, and all other items for v~~hich a stop notice might be asserted. Thee term Cl~...,~^r shall also include the ilnemployment Development Department as rcfexred to in CivII Coda §3248(b). 14.2 Construction Contract: The contract between City and Contractor ide~fied serf the sif~natusa page o1' this Bond, inclutiittg all Coneract Documents and cha~tges thereto. 14.3 City l7nfault= Nlaterisl failure . o£ City, which has neither beta remedied nor waiv.~, to pay the Contractor as required by the Construction Contract, provided that failtu+e is the cause erf the fail»ra of Co~actar to PaY the Claitaants and is sttfHeieat to justify termination of the Coastructicur Contract. BldD OF'DpC[TMENC City of Cupertino Construction Labor acid Material Privacy Fence Extension 00620 - 3 Payment Bond POA #: 510017 SureTec Insur~~nce Company LIMITED POWEF: OF ATTORNEY ]lixow All Metz by These Presents, That SURETEC INSURANCE COMPANY (ffie "company"j, a corporation duly organized and existing under the laws of the State of Texas, attd having its principal office in Houston, Harris County, Texas, does by these presents make, constituoe and appoint David Crain, Nancy Ferguson its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and Ito/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and con£rming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/3111 1 and is made under and by authority of the following resolutions oY'the Board of Directors of the SureTec insurance Compa~ly: Be it Resotved, that the Ytestdectt, any Vice-Prestdent, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested wiW. full power atrd. authority to appoint nay one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of rho Company subject to the following provisions Attorney-in-Fact may >~c given full power and authority for and in the name of and of behalf of the Company, to execute, aclmowiedge and deliver, any and alt bonds, recognizances, contracts, agreettleais ar indemnity arul other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments soexecuted by any such Attorney-in-Fact shall be binding upon the Comparry as ifsignedby thePresident and sealed and effected by the Cosporate Secretary. Be It Resolved, that the sigtratura of any authorized oFFicet and seal. of the Company heretofore or hereafter affixed to any power of attorney or any certificate retesting the-reto by facsimile, atad arty powerof attontey orccrtificat¢ bearing facsimile signature ar facsimile seal shall be valid and binding upon the Company with respecfto any bond. or undertaking to which it is attached. (Adopted at a meeting held on 20'a of'April, I99Aj Ix Wirness Whereof, SURETEC INSURANCE COMPANY has caus~yd these presents to be signed by its President, and its corporate seal to be hereto off-ixed this 28th day of October, A.D. 201)8_ ~~~ ~ -,,,, SiJRETEC INS .I~AIYCE COMPANY I '++~ ° a `~ B.J. Ki esident State of Texas ss: j'.. ''~ ; ~ ?' a ~~~~_. County of Harris `s' -"-..1 ~ ,: -_ C)o this 28h day of Uciober, 2068 before me personally came B.J_ King, to mekrtown,. who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETbC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Comrpany; that the seal afTixed to said insttun.ront. is such corporate seal; that it was so affixed by order of the Board of DireMOrs of said Company; and that he signed his name thereto by Iilce order, ~Y11a~I> ~Il(1y Michelle Denny, Notary P lie My cornmission expires August 27, 2612 I, M. Burnt Beaty, Assistant Swretary of SURE3'EC INSURANCE COMPANY, do hereby certify that the above and foregoing is a Lrue and correct copy of a Power of Attorney,. executed by said Company, which is still in full force. and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and ef3'ect. Given under my hand and the seal of said Company at Houston, Texas this 18th day of Da°ambar , 20 ~ 9 , A.D. i M_ Brent eery, Assts ant Secretary Any Instrurraant issued to excess of the penalty stated above is tohtly veld and without any validity. For verifleatFon of the authoHty of tMls power you may tali {]431 842-0800 any business day between 8:00 am and 5:00 pm.C3T. DOCUMENT 00630 GUARANTY Project No. 2009-9449 TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of MARY AVENUE BICYCLE FOOTBR]-D GE PRIVACY FENCE EXTENSION CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work pe:rformed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve ~~ontractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejecte3 Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside Erie correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any o f its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents, including, without means of limitation, Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. Contractor's Name C' 1U~~ ~ ~- Address _ ~ Own 's S'gnature City/State/Zip Date END OF LrOCUMENT City of Cupertino 00630 - 1 Guaranty Privacy Fence Extension Project No_ 2009-9449 DOCUMENT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, TIIE FORMS PROVIDED BY TfIE CITY OF CUPERTINO MUST BE USED. FORMS OTIIER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS -SUBMIT IN TRIPLICATE 1.~ Insurance Agreement -Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primacy Insurance and Notice of Cancellation -must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project -must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the insurance agent for worker's compensation only. City of Cupertino Privacy Fence Extension 00530 - 1 Insurance Forms CITY OF Project No_ 2009-9449 CUPERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees d~ir;ng the progress o:F the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and 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, contrac~ual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shawl 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 fmancial :rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates 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 daring the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. City of Cupertino Privacy Fence Extension 00530 - 2 Insurance Forms LIM]:TS Worker's Compensation 8~ Employers' Liability General Liability -commercial general liability; including provisions for contractual liability, personal injury, independent contractors and products -completed operations hazard- Project No. 2009-9449 In accordance with the Worker's Compensation Act of the State of California -Worker's comp "statutory" per CA Law; Employers' Liability $1,000,000 per occurrence. Combined single limit of $2.0 million per occurrence; $4.0 million in the aggregate Automobile Liability -comprehensive covering Combined single limit of $1.O million per owned, non-owned and hired automobiles- occurrence- -- I _ (Contractor's Name) Dated: ~ (~~ _ ~ ~ 20 ~~ City of Cupertino Privacy Fence Extension 00530 - 3 Insurance Forms ~RV- CERTIFICATE OF LIABILITY INSURANCE °ATE(MM,°D/YYYY, OP ID RC TVCI~-1 12 16 09 PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bozzuto ~ Associates Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR One Almaden Blvd Suite 810 ~ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW San Jose CA 95113 Phone: 800-989-8712 Fax: 406-266-7130 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A' Mt. Haveley insurance Cdvpany ', INSURER B. Hartford Casualty 2xasurance Co Tucker Construction Sne.INSURER C: Truck insurance Exchange__ 1725 Little Orchard Street #D INSURER D. San Jose CA 95125 I INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUII~ENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - LTR NSR TYPE OF INSURANCE POLICY NUMBER EFDFp CYY~E DA-fE MM/LTCY DATE MM/DDNYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , OOO , OOO A X X COMMERCIAL GENERAL LIABILITY MGL0159102 06/15/09 08/15/10 PREMISES (Ea occurence) $ 50,000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 5 , O O O PERSONAL 8 ADV INJURY $ 1 , 000 , OOO GENERAL AGGREGATE $ 2 , OOO , OOO GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS - COMPIOP AGG $ 2 , OOO , OOO POLICY X JECOT LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMfT $ ANV AUTO (Ea accident) ALL OWNED AUTOS - BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY 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/UMBRELLA LIABILITY EACH OCCURRENCE $ 3000000 A X OCCUR Ci CLAIMS MADE 1`~CL0369477 08/15/09 06/15/10 AGGREGATE $ 3000000 _ DEDUCTIBLE X RETENTION $ O WORKERS COMPENSATION X AND EMPLOYERS' LIABILITY Y / N TORY LIMITS ER C ANY PROPRIETOR/PARTNER/EXECUTIVE~ OFRCER//NEMBER EXCLUDED? B19152748 01/01/09 OZ/O1/lO EL EACH ACCIDENT __ $ 1000000 (Mandatory In NH) If es describe under E.L. DISEASE - EA EMPLOYE S 1000000 y , SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1000000 OTHER B Property Section 57SBABZ8771 108/15/09 08/15/10 BPP/Ded 30700/500 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEME~IT /SPECIAL PROVISIONS RE : Mary Ave Bicycle Footbridge Privacy Fence Extension City o£ Cupertino, its engineer, and each o£ its: directors, o££icers, agents and employees are named additional insured as respects general liability on a primary 6 non-contributory basis per attached £orm. Workers compensation waiver o£ subrogation applies . ''Except 10 days .f`or non payment o£ premium. ctKllrlcsar~ HoLOEa CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CI TYCUP DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O't' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND VPON THE INSURER, ITS AGENTS OR City O£ Cupe rtl n0 REPRESENTATIV S. 10300 Torre Avenue Cupertino CA 95014 AUTHORIZEDR ESENTATIVE ~i- n ~ „ Ll) A.., V 9i3>;3-LU09 AGORD CORPORATISiN. All rights reserved. The ACORD name and logo are registe d marks of ACORD 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 terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Policy Number: MGLO'159'102 Mt Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNER~~, LESSEES OR CONTRACTORS (FORII/l C) This endorsement modifies insurance provided under the follo~nring: COMMERCIAL GENERAL LIABILITY COVERAGE PART (If no entry appears below, information required to complete this endorsement will be shown in the l7eciarations as appli- cable to this endorsement.) -WHO IS AN INSURED (Section It) is amended to include as ~~n insured [he person or organization shown in the Sched- ule, but only with respect to liability arising out of "your work" for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled below and other insurance which may be available to such additional insureds will be non-contributory. Section IV., Condition 4., of this policy is amended accordingly/. SCHEI7ULE Name of Person or Organization: All persons or organizations where required by written contract. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. CGL 2'16 (44/98) Page t of 1 Insured Policy Number: MGL0159'102 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: All Projects (Ifi no entry appears above, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) A. For ail sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (Section 1), and for ail medical expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1_ A separate Designated Construction Project Gen- eral Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Projecf General Aggregate Llrnlt is the mast we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed op- erations hazard," and for medical expenses under COVERAGE C regardless of the number of: B. a. Insureds; b. CFaims 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 shall reduce the Designated Construc- tion Project General Aggregate Limit for that des- ignated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggre- gate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being sub- ject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the ap- plicable Designated Construction Project General Aggregate Limit. For all sums which the insured becomes legally obli- gated to pay as damages caused by "occurrences" under COVERAGE A (Section I}, and for a!1 medical expenses caused by accidents under COVERAGE C (Section I), which cannot be attributed only to on- going operations at a single designated construction project shown in the Schedule above: CG 25 03 03 97 Copyright, Insurance Services Office, Inc., '1996 Page 1 of 2 Insured 't_ Any payments made under COVERAGE A fior D. If the applicable designated construction project has damages or under COVERAGE G for medical been abandoned, delayed, or abandoned and then expenses shalt reduce the amount available restarted, or if the authorized contracting parties under the General Aggregate Limit or the deviate from plans, blueprints, designs, specifications Products-Completed Operations Aggregate Limit, or time-tables, the project will sti[I be deemed to be whichever is applicable; and the same construction project. 2_ Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "properly damage" included in the `products- compteted operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. E. The provisions of Limits Of Insurance (Section itl) not otherwise modified by ibis endorsement shat! continue to apply as stipulated. CG 25 03 03 97 Copyright, Insurance Services Offce, Inc., 1996 Page 2 of 2 Insured ~/ TRUCK INSURANCE FARMERS INSI~RANCE MID-C ENTVRY ~f ~+ EXCHANGE EXCHANGE ~ INSURANCE COMPANY S 90008 NCCI CO. NO. 18244 NCCI CO. NO. 177aa NCCI CO. NO. 12998 CALIFORNIA 2ntl Edition WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Named TUCKER CONSTRUCTION, FNC. Insured 1725 L1TfLE ORCHARD ST. STE D Agenf SAN ]OSE, CA 95125 - 96-91-366 819152748 2009 - Policy Number Policy of [he Company Year ESeciive ~ 2/y 6!2009 Date WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury coverd by this pollcy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent chat you perform work under a written contract Ehat requires you to obtain this agreement from us.) You must malnlain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be _ 5 % of [he California Workers' Compensation premium otherwise due on such remuneration. Minimum Charge: $250.00 Person or Organizes Rion City of Cupertino '10300 Torre Avenue, Cupertino, CA 95014 Schedule Job Description Mary Ave Bicycle Footbridge Privacy Fence Extensiol This endorsernen s part of your policy. It sup , e es and control anythin io [he contrary, If is otherwise sub/ecl to all the terms of Ehe policy. ~d ~~ Countersigned C• Authorized Representative 90-9026 ZND EDITION T-9A (WC 04 03 O6 -Edition 4-84) C/T7 OF ADDITIONAL INSURED ENI?ORSEll~NT an d CUPE RTINO ENDORSEMENT OF PRIMARY IIYSURANCE and NOTICE Ole POLICY CANCELLATION :ENDORSEMENT Project No. 20Q9-9449 Project Title and hlumbcr: Mary Ave Bic cle Footbridge Privacy Fence Extension In consideration of the policy premium and notwitl-~standing any inconsistent statement in the polic: to which Ehis Endorsement is attached or any other Endorsement attached thereto, it is agreed a 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, and the State of California, and i#s officers, agents and employees, aze hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of tl:.e premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, btr limited to its general supervision or inspection of said operations_ Tlae insurance afforded by this policy is prinrary insurance, and no additional ins~3*~.~ce held or owned by the designated additional insured{s) ::hall be called upon to cover a Ioss under saic additional policy. 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 (3 d) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City'). Such notice shall be addressed to the City .as indicated below_ POLICY INFORMA'T'ION 1. Inst~~rce Company:_Mt. Hawley insurance Company 2_ Insurance Policy Number: MGL0159102 3. Effective Date ofthis Endorsement: $/15!2009 1:0 $/75/2010 z,O 4. Insured: Tucker Construction Inc_ All notices herein provided to be given by the Cnsurance Company to the City in connection with this policy and these Endorsements, shall be ms-iled to or delivered to the City at 10300 Torre 4venue; Cupertino, California 95034= I, Rowena Gastiaador (print type name) 7varrant that I have authority to bind the below lis~~ted Insurance Company and by my signature tereon do so bind this Company_ City oFCupertiao Privacy Fence Extension 00530 - 6 Insurance Fotzns --~ Project No. 2009-9449 1 Signature of Authorized Representative: li - (Original signature required on all Endor ments fiirnished to the i 'ct) Names of AgenUAgency: Bozzuto 8~ Associates Title: CSR Address: 1 Almaden Blvd, Ste 810 _ ___ Telephone: 408-947-3007 San .lose, CA 95113 Facsimile: 408-288-2130 City of Cupertino Privacy Fence Extension 00530 - 7 Insurance Forms cirv of Project No. 2009-9449 COlVIPRE)FIENSIYE G:EIVT;JRAi • LL3SILI'TX COMMERCIAL GENERAL i.IABIL,I'I-Y ENDORSEII~IVT OF A<=GREGA'I'E LIMITS OF CUPERTiNO INSURANCE PER PROJEC'T' Project Title and Number-_ Mary qve Bicycle Footbridge Privacy Fence Extension In consideration of the policy premium and notrnrithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below-referenced policy of insurance_ "The general aggreg~e limit unde>; LINIITS O7? INSURANCE applies separately to the project described as ~ nnn nnn POLICY INFORMATION 1. Insurance Company:_ Mt. Hawley Insurance C:omnan 2_ Insurance Policy Number: MGL0759702 '3_ E$'ective Date of this Endorsement: 8/75/2009 - 8/75/2010 2O 4. Insured: Tucker Construction lnc_ 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at -10300 Torre Avenue; Cupertino, California 95014_ I, Rowena Castiaador (print type name) warrant that I have authority to bind the below listed hvsurance Compan,i and by my signature hereon do so bind this Company_ ~ ~ ~/ ~-, Signature of Authorized 73epresentative' u4%1i7~ ~~~G.`P%~~'I °C~~~~"` (Original signature required oa all Endors menu fi~rntslted to the District) Vanes of ~gent/Agency: Bozzuto 8~ Associates address: 1 Almaden Blvd. Ste. 870 San Jose, CA 95773 Title: CSR Telephone: 408-947-3007 Facsimile: 408-288-27 30 City of Cnpertino Privacy Fence Extension 00530 - 8 Insurance Fonns CITY PP WAIVER OF SUBROGATION ENDORSEMENT WORI~R'S COIYIiPENSATION INSUR.A11rCE CUPERT7N0 t'roj cct No_ 2009-9449 Project Title and Number: Mary Ave Bicycle Footbridge Privacy Fence Extension In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is artached or any other Endorsement attached thereto, it is agreed as follows: h is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, off cers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above-referenced Contract. POLICY INri'ORMATION I_ Insurance Company: Mt Hawley Insurance Company 2_ Insurance Policy Number: MGI_0159102 3. Effective Date of this Endorsement: 8/15/2009 - 8/15/2010 20 4. Insured: Tucker Construction Inc. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Rowena Castiaador _(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. t Signature of Authorized Representative: ~L, ~~~~ _. - x~~~~i/~~~/~~ --- (Original signature required on all Endor menu furnished to~the i ct) Dames of Agent/Agency: Bozzuto 81 Associates Address: 1 Almaden Blvd.. Ste_ 810 ~~^ pose CA 95113 Titte: CSR Telephone: 408 -947-3007 Facsirnil e: 408-288-2130 City ofCupartino Privacy Fence Extension 00530 - 9 ~~~~ FOT~S .4C-a ® CERTIFIC:~TF l 1~ ~ ~Alt~~ ~T~~ ~A~C~ ~~A A~~~L DATE (MM/D L - --- - - - __ ~.~ ~...~.r... ...vv^~Jr--~^~v~ 12/17/2009 PRO ucE h THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION rd Alesch, Agent, License #0503299 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE INSU NCE Bascom Ave., Suite A HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR o Se, Ca 95128 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ BUS: (408) 918-0877 INSURERS AFFORDING COVERAGE NAIL # INSURED - TUCKER CONSTRUCTION fNC INSURER A: State Farm Mutual Automobile Insurance Company 25178 - 2517$ . 1725 LITTLE ORCHARD STE D IIVSURER B: - - - _ , SAN JOSE, CA 95125 IIVSURER C _. - IIJSUR ER D: INSURER E [~nVFR Ar'~FC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUF:ED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY RE . QUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY P ERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POL , ICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' LTR INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YYYV POLICY EXPIRATION DATE MM/DD/YYYV ) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMA RE ED - - - -- - - - PREMISES (Ea occurcance $ CLAIMS MADE ~ OCCUR _ MED EXP (Any one person) $ PERSO - NAL 8 ADV INJURY $ - GENER ~ AL AGGREGATE $ GEML AGGREGATE LIMIT APPLIES PER' PRO- PRODUCTS -COMP/OP AGG $ POLICY JECT LOC _ ,- -_ A X AUTOMOBILE LIABILITY C15 7094-D22-OSF 12/08/2009 04/22/2010 ANY AUTO 084 3159-AOS-D5A 080 2856-C73-OS 1'2/16/2009 0 07/05/2010 COMBINED SINGLE LIMIT (Ea accident) - $ ALL OWNED AUTOS 9/13/2009 03/13/2010 X SCHEDULED AUTOS 038 7479-F07-0SD 12/07/2009 06/07/2010 BODILY INJVRY (Per person) $ 1+000+000 X 361 1854-A24-OSG 12/16/2009 07/24/2010 HIRED AUTOS - X NON-OWNED AUTOS 798 9111-A19-D5V 12/16/2009 07/19/2010 BODILY INJURY (Per a id t $ 1 000 000 cc en ) , , PROPERTY DAMAGE (Per accidenQ $ 5~~+0~0 GAR AGE LIABILITY AUTO ONLY - EA ACCIDENT - $ ANY AUTO _ - --- OTHER THAN EA ACC $ AUTO ONLY: qGG $ EXCESS /UMBRELLA LIABILITY ~ EACH OCCURRENCE $ _ OCCUR ~ CLAIMS MADE AGGREGATE $ $ _ DEDUCTIBLE - - -- $ RETENTION $ - WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTH- ANY PROPRIETOR TORY LIMITS ER /PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDE NT $ (Mandatory In NH) f yes, describe under EL DISEASE - EA EMPLOYE $ OTHER _ E.L. DISEASE -POLICY LIMIT $ DE gIPTIQN OF O ERATIONS / LOr',E1: 10 lf~^ / VEH~LF~S"EXC SIANS qDD D aV ENDg1~S Ny,~IaECIAL OVI IONS CLiti.onaPl Snsure 'J 'j]~ 1L off" L l1 JE ~17LC~ ~°i~ I anc`~[ d di t _ .Z . L,. - ` . i s rec ors , offioars , engineers , - aunts and loyaes, anc~ all public agencies from whtun is will be obrra_ined and t}~air d ctors 'car ~ s en s a s 1c, ~ and_ o rs n~s ~o ers' a~e e ~~''=aa~>_Pds~oaba t datel1of ~iarle~ru~n~er ti-~t~e o z~is Rio ~ b> ~o w~~i fps c~ha o rati s o~ ~ nE ~ ~ S ~ o , o e o rac or a or t r ses t ~]e C ty. in tonne ao~or h 7~ n a wit the Cit ~~°~ any ~ ~iona4 insures in connection wi~~i ~uE CI° d~t ~ a ' ° p ° ~ n o 1~n1 ~ s ° ° n , imze o i s genera s u c>J ax i -v i o e t io o CERTIFIC TE HOLDER CITY OF CUPERTINO 10300 TORRE AVE. CUPERTINO, CA 95014 ..A.NCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IM/>OSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are reglistered marks of ACORD 1001486 132849.3 04-06-2009 OFFICE OF THE CITY CLERIC CITY HALL X0300 TORRE AVENUE • CUPERTINO, CA 9504-3255 TELEPHONE: (408) 777-322: • FAX: (408) 777-3366 WEBSITE: www.cupertino.orc. CUPERTINO January 19, 2010 Tucker Construction, Inc. ~ 725-D Little Orchard Street San Jose, CA 95125 To Whom It May Concern: Enclosed for your records is a fully executed co~~y of the agreement with the City of Cupertino. If you have any questions or need additional information, please contact the Public Works department at (408) 777-3354. Sincerely, CITY CLERK'S OFFICE Enclosure cc: Public Works Project No. 2009 -9449 DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release "), made and entered into this 2 nd day of June, 2010, by and between the City of Cupertino( "City "), and Tucker Construction, Inc. ( "Contractor"), whose place of business is at 1725 -D Little Orchard Street, San Jose, CA 95125. RE CITALS A. City and Contractor entered into Contract with a Purchase Order No. 00 (the "Contract "). B. The Work under the Contract has been completed. Now, therefore, it is mutually agreed between City and Contractor as follows: AGR EEMENT 1. Contractor will not be assessed liquidated damages except as detailed below: Original Contract Sum $ 24,932.00 Modified Contract Sum $ 24,932.00 Payment to Date $ 0 Liquidated Damages $ 0 Payment Due Contractor $ 24,932.00 2. Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of $ Twenty Four Thousand Nine Hundred Thirty Two Dollars and no Cents ($24,932.00) under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with City as of the date of such payment. 3. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against City arising from the Contract, except for the claims described in paragraph 4 of this Document 00650. It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against City, and all if its agents, employees, consultants (including without limitation Consulting Cupertino), inspectors, representatives, assignees and transferees except for the Disputed Claims set forth in paragraph 4 of this Document 00650. Nothing in this Agreement and Release shall limit or modify Contractor's continuing obligations described in paragraph 6 of this Document 00650. City of Cupertino Agreement and Release of Any and All Claims Privacy Fence Extension 00650-1 Project No. 2009 -9449 4. The following claims are disputed (hereinafter, the "Disputed Claims ") and are specifically excluded from the operation of this Agreement and Release: Claim No. Date Submitted Description of Claim Amount of Claim N/A 5. Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that, in consideration of the payment set forth in paragraph 2 of this Document 00650, Contractor hereby releases and forever discharges City, and all of its agents, employees, consultants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract 6. Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Documents. 7. Contractor shall immediately defend, indemnify and hold harmless the City of Cupertino, Santa Clara County, its Architect, any of their Representatives, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims set forth in paragraph 4 of this Document 00650. 8. Contractor hereby waives the provisions of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, most have materially affected his settlement with the debtor. 9. The provisions of this Agreement and Release: are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable. 10. Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release. 11. All rights of City shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release. City of Cupertino Agreement and Release of Any and All Claims Privacy Fence Extension 00650-2 Project No. 2009 -9449 * * * CAUTION: THIS IS A RELEASE - READ BEFORE EXECUTING THE CITY OF CUPERTINO, a Municipal Corporation of the State of California (.. ( . By . r.> Its: ATTEST: City Clerk tCONTRACTOR) Y: Name: n V\ \r)(')1e� Its: By: Name: Its: WED AS TO FORM: City Attorney I I I U 20 END OF DOCUMENT City of Cupertino Agreement and Release of Any and All Claims Privacy Fence Extension 00650-3 DOCUMENT: 20735497 Pages: 3 RECORDING REQUESTED BY Fees.... + No Fees City of Cupertino Copies . . AMT PAID WHEN RECORDED MAIL TO REGINA ALCOMENDRAS RDE # 014 City Clerk's Office SANTA CLARA COUNTY RECORDER 6/08/2010 City of Cupertino Recorded at the request of 2:39 PM 10300 Torre Avenue City Cupertino, CA 95014 -3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) 1V0 �FEE INACCOP.DANCE WITH GOV. CODE 27383 CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION MARY AVENUE BICYCLE FOOTBRIDGE PRIVACY FENCE EXTENSION PROJECT NO. 2009-9449 � 6 0 r i g inal 0 For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014 -3255 (408) 777 -3354 CUPERTINO PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION MARY AVENUE BICYCLE FOOTBRIDGE PRIVACY FENCE EXTENSION PROJECT NUMBER 2009 -9449 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 in hereinafter described in the contract which was entered into, by, and between the City of Cupertino and Tucker Construction, Inc., December 18, 2009, in accordance with the plans and specifications for said work, have been completed to the City's satisfaction and acceptance of completion was ordered on June 1, 2010. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. ft 7;�� Director of Public Works and City Engineer of the City of Cupertino Date: June 2, 2010 "NO FEE" VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on ti th day of June 2010 at Cupertino, California. Julie a � City C r s Office City of Cupertino