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08-053 Ferma Corp.RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 6103 ~~`a.- REGINA ALCOMENDRAS SANI-A CLARA COUNTY RECORDER Rec~~rded at the request of C i t ~i RDE # 006 8/11/2009 1 142 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) CERTIFICATE OF COMPLETION AN:D NOTICE OF ACCEPTANCE OF COMPLETION STEVENS CREEK CORRIDOR PARK PHASE lA CREEK RESrCORATION PROJECT Original O For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 CUPERTINO PUBLIC WORKS DEPARTMENT CERTIFICATE Oli COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION STEVENS CREEK CORRIDOR PARK PHASE lA CREEK RESTORATION PROJECT 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 co~itract which was entered into, by, and between the City of Cupertino and Ferma Corporation, on May 28, 2008, in accordance with the plans and specifications for said work, have been com~~leted to my satisfaction and acceptance of completion was ordered on August 4, 2009. That said work and improvements consisted ~~f 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. Director of Public Works and City Engineer of the City of Cupertino Date: August 6, 2009 "NO :FEE" VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the: laws of the State of California, that the foregoing is true and correct. Executed on the 6`h day of August, 2009 at C~.~pertino, California. C Julia nst City Clerk's Office City of Cupertino Project No. 2008-9112 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this 28 day of May , 2008 , by and between Ferma Corporation whose place of business is located at 1265 Montecito Avenue, Suite 200, Mountain View, CA 94043-4506 ("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 California. WHEREAS, City, on the 20~' day of May, 2008 awarded to Contractor the following Project: PROJECT NUMBER 2008-9112 STEVENS CREEK CORRIDOR PARK - PHASE lA CREEK RESTORATION NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated 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 adrninistrative 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 Swinerton Management & Consulting, Inc. ,, to act as Construction Manager. City may assign all or part of the City Representative's rights, responsibilities and duties to Construction Manager. City may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.3 City has designated HNTB Corporation, to act as Consulting Civil Engineer. City may change the identity of the Consulting Engineer at any time with notice and without liability to Contractor. 2.4 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. . Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence 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. City of Cupertino 00520 - 1 Contract SCCP Phase lA Project No. 2008-9112 Contractor shall achieve Substantial Completion by March 1, 2009 and Final Completion by April 1, 2009, excluding minor Punch List Items and Landscape Maintenance. There will be no additional days allowed in the contract for rain days or holidays or normal delays. An extension of time for completion shall only be granted for acts of God, labor strikes or material delay that can be documented. Intermediate Milestones for Construction are as follows: o Creek Relocation: October 31, 2008 o Creek Restoration Planting and Creek Bank Hydro seeding: October 31, 2008 o Upland Planting: December 31, 2008 o Willow Pole Cutting and Planting: March 1, 2009 o Bridge Installation: October 31, 2008 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in 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. Consistent 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 any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Substantial Completion as specified above. 3.2.2 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.3 $1,500 for each Calendar Day that expires after October 31, 2008 that the new bridge in this contract is not available for use by the Contractor for Phase 1B. 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 Department of Fish and Game, and other State and Federal agencies, may also levy fines and penalties for the harming, 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 a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. 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 City of Cupertino 00520 - 2 Contract SCCP Phase lA Project No. 2008-9112 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, products 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. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00400 Bid Form Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00460 Schedule of Major Equipment and Materials Suppliers Document 00481 Non-Collusion Affidavit City of Cupertino 00520 - 3 Contract SCCP Phase lA Project No. 2008-9112 Document 00482 Bidder Certifications Document 00505 Notice of Intent to Award Document 00510 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 Addenda(s) Drawings/Plans 6.2 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 defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. 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/Northern.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability City of Cupertino 00520 - 4 Contract SCCP Phase lA Project No. 2008-9112 for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end 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 be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation 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 Government 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 principles 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, Part 18, will be included in any subcontracts entered into as a result of this contract. City of Cupertino 00520 - 5 Contract SCCP Phase lA Project No. 2008-9112 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. CITY: CITY OF CUPERTINO, a Municipal Corporation of the State of California Attest: City Clerk: Kimberly~th Approved as to form by Ci~Attorney: ,~i~ i~ /'/ ~ %~ /I_~l City Attorney: Charles Kilian I hereby certify, under penalty of perjury, that David W. Knapp, City Manager of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino by a majority vote of the City Council on: May 20, 2008w Dated: ~ • ~ ~ • ~ g David W. Knapp, City Manager of the City of Cupertino, a Municipal Corporation of the State of California Designated Representative: Name: Terry W. Greene, AIA Title: City Architect Address: 10300 Torre Ave., Cupertino, CA 95014 Phone: 408-777-3354 Facsimile: 408-777-3 33 3 AMOUNT: $ 2,265,457.70 ACCOUNT NUMBER: 427-9112-9300 FILE NO.: 92,069 Title: PreGi dent [If Corporation: Chairman , or Vice President] By: Rirharrl Parndi [Please print name here] Title: Chief ina ial Officer [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] X236337 A ASB C21 HAZ C57 B State Contractor's License No. Classification ~ 30 2008 Expiration Date Taxpayer ID No. Name: FPrma Cnrnoration Title: Address: 1265 Montecito Ave.. Suite 200 Mountain View, Ca 94043-4506 Phone: 650 961-2742 Facsimile: 650 968-3945 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 City of Cupertino 00520 - 6 Contract SCCP Phase lA [Please print name here] ACKNOWLEDGMENT State of California County of Santa Clara On 5/30/08 before me, Rosa Rojas, Notary Public personally appeared Marc Ferrari who provide to me on the basis of satisfactory evidence to be the person (s}whose name( is/ate subscribed to the within instrument and acknowledgement to me that he/sl~tl~ executed the same in his/leer-~l~ei~ authorized capacity(-ies), and that by hislher~their signature() on the instrument the person(s) or the entity upon behalf of which the person( 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 m hand and official seal. ROSH ROJns y Commission # 1622330 -r' Nofory Public - California ~ • Santa Clara County ' tiAy Comm. Expires Dec 13, 2009 r Signature /~~-t~• (Seal) OPTIONAL Through the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: -Individual -Corporate Office - Titles(s): -Partner - General -Attorney in Fact -Trustee -Guardian or Conservator Other: Signer is Representing ACKNOWLEDGMENT State of California County of Santa Clara On 5/30/08 before me Rosa Rojas, Notary Public personally appeared Rich Parodi who provide to me on the basis of satisfactory evidence to be the person Esj-whose names) is/aye subscribed to the within instrument and acknowledgement to me that he/executed the same in his/l~e~hzir-authorized capacity(iesj, and that byhis/ker-~t~eir signature(-s) on the instrument the person,() or the entity upon behalf of which the personFe}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. ROSH RO.iAS WITNESS my hand and official seal. Commission #~ 1622330 ..~..... Notary Publ~ -California Santa Claro County MY Comm. Expires Dec 13, 2009 Signature /~hd~'~~~~ (Seal) OPTIONAL Through the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: -Individual -Corporate Office - Titles(s): Partner - General -Attorney in Fact -Trustee -Guardian or Conservator Other: Signer is Representing REVISED: ADDENDUM N0.3 Project No. 2008-9112 DOCUMENT 00400 ~~~~-a iii,~1~ BID FORM To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders). TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THIS BID IS SUBMITTED BY: Ferma Corporation (Firm/Company Name) Re: PROJECT NUMBER 2008-9112 STEVENS CREEK CORRIDOR PARK -PHASE lA CREEK RESTORATION 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 in 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 be 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. Bidder attended the mandatory Pre-Bid Meeting. YES ffi NO 6. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430 (Subcontractors List). 7. The undersigned Bidder understands that City reserves the right to reject this Bid. 8. 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 to, Document 00520 (Contract), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond). 9. 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. City of Cupertino Bid Form SCCP Phase lA 00400 - 1 REVISED: ADDENDUM N0.3 Project No. 2008-9112 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 fiuvished by a surety authorized te~c~0 ~ st-r'ety business in the State of California, in form specified in Document 00200 (Instructions to Bidders), m the ~amofmt of ton 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 00520 (Contract). City of Cupertino Bid Form SCCCP Phase lA 00400 - 2 REVISED: ADDENDUM N0.3 Project No. 2008-9112 SCHEDULE OF 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 SPEC REF DESCRIPTION UNIT EST QTY UNIT PRICE TOTAL 1 00800 MOBILIZATION LS 1 2pp 000 Z.C~C~OOQ 2 02220 DEMOLITION LS 1 SO, Ddb S 0000' 3 02222 HAZARDOUS MATERIAL REMOVAL 8~ DISPOSAL LS 1 2 OOC~ Z Cabo' 4 02225 STRUCTURE DEMOLITION LS 1 2g 25 5 02230 CLEARING AND GRUBBING LS 1 ~ b O 6 02230 REMOVE AND CHIP TREE EA 24 ~ 800 7 02230 STOCKPILE TREE AND ROOTBALL EA 17 8oe 3 8 02230 STOCKPILE TREE AND DE-LIMB EA 18 QQ (~ 00 9 02240 FLOW DIVERSION AND CREEK DEWATERING LS 1 1 pp OQO pp ppp 10 02250 GENERAL EARTHWORK EXCAVATION LS 1 35b OOO 3SD oOt7 11 02250 PLACEMENT OF ENGINEERED FILL LS 1 pbp 12 02250 CONSTRUCTION OF RIFFLE-POOL SEQUENCES ~ 9 ~D OOC O Op0 13 02250 CONSTRUCTION OF CROSS-VANES EA 3 ~~ Opp 3p ppQ 14 02250 IMPORT 0.5 TON TO 1.0 TON ROUNDED EDGE BOULDERS TONS 300 'LGD OOO' 15 02250 IMPORT CHANNEL BED FILL CY 4,600 3© 13 l~O~~ 16 02250 IMPORT 1-TON RIP RAP TONS 150 $O 12 000 17 02250 IMPORT ENGINEERED FILL AMENDMENT CY 1,160 3~{ 18 02250 DRAINAGE AT HORSEHOE BEND LS 1 (oppp app' 19 02250 GEOTEXTILE SY 100 (p ~ ~~~ 20 02250 CONTROLLED DENSITY FILL CY 222 ~ ~.0 ' 21 02250 PLACEMENT OF EXCESS MATERIAL AS FILL CY 2,000 /O 2D vO0 22 02250 MATERIALS ND DISPOSAL OF EXCESS CY 5,540 ., ~0~ ~~ 23 02330 DEWATERING LS 1 ~~ C~ 000 24 02360 PREPARE SWPPP LS 1 ~O ' 25 02360 TEMPORARY WATER POLLUTION CONTROL LS 1 ppp 3D ppQ 26 02361 TEMPORARY CONCRETE WASHOUT EA 3 ~ SOD SOON 27 02362 TEMPORARY HIGH VISIBILITY FENCE LF 4,000 ~~ ~ 000 28 02364 TEMPORARY SILT FENCE LF 500 t~ " - 29 02365 TEMPORARY FENCE LS 1 p 30 02366 TEMPORARY CONSTRUCTION ENTRANCE/EXIT ~ 1 Z 5bp 2 50D^ 31 02370 EROSION CONTROL BLANKET (FABRIC) SY 6,111 3 ~ 1 j~ 32 02370 FIBER ROLLS LF 3,031 3 ~' 93~ City of Cupertino Bid Form SCCP Phase lA 00400 - 3 REVISED: ADDENDUM N0.3 Project No. 2008-9112 ITEM SPEC REF DESCRIPTION UNIT EST QTY UNIT PRICE TOTAL 33 02375 HYDROSEED SF 146,677 . I D (~} 6(p'' 34 02500 UTILITY ENCASEMENT CY 26 pQ ~~ 00 ~' 35 02500 4" HIGH DENSITY POLYETHYLENE HDPE UTILITY SLEEVE LF 475 ~j0 2, '7~-p 36 02500 2" POLYVINYL CHLORIDE (PVC) ELECTRICAL CONDUIT W/PULL WIRE LF 648 O 3Z L1D 37 02660 2" POLYVINYL CHLORIDE (PVC) WATER PIPE LF 135 38 02720 PIPE LYVINYL CHLORIDE (PVC) SEWER LF 110 O S~ 39 02810 IRRIGATION SYSTEM LS 1 /O bpp b 40 02930 UPLAND PLANTING EA 192 Db 41 02931 CREEK RESTORATION PLANTING EA 1,540 ~ 42 02933 WILLOW POLE INSTALLATION EA 97 ~p Q p" 43 02937 PLANT MAINTENANCE LS 1 O / ODOR 44 02938 HAND WATERING LS 1 -- 45 02940 DECOMPOSED GRANITE PAVING SF 585 ~ -~ 46 03100 CAST-IN-DRILLED-HOLE CONCRETE PILES LF 190 l~pp ~ 7 ~j ~~ 47 03500 CAST-IN-PLACE CONCRETE LS 1 ~O, ~O- ~p,~o 48 13200 FURNISH PREFABRICATED BRIDGE - SPECALITY ITEM LS 1 72 000 -~ 72 d00 -- 49 13200 INSTALL PREFABRICATED BRIDGE - SPECALITY ITEM LS 1 Zro OOO - ALLOWANCES 50 00800 TEMPORARY CONSTRUCTION FENCE AL 1 $30,000.00 $30,000.00 51 00800 POTENTIAL ENVIRONMENTAL and WILDLIFE PROTECTION MEASURES AL 1 $40,000.00 $40,000.00 52 00800 SIGNAGE AL 1 $20,000.00 $20,000.00 53 00800 OUTFACE EXTENSION AL 1 $20,000.00 $20,000.00 54 00800 TREE RELOCATION AL 1 $40,000.00 $40,000.00 55 00800 CONSTRUCTION SAFETY CAMERA AL 1 $30,000.00 $30,000.00 56 00800 RE-BUILD VOLLEYBALL COURT AL 1 $15,000.00 $15,000.00 57 00800 PERMANENT FENCE AL 1 $50,000.00 $50,000.00 58 00800 CM SITE EQUIPMENT AND SERVICES AL 1 $15,000.00 $15,000.00 59 CREEK BANK ENHANCEMENTS AL 1 $30,000.00 $30,000.00 TOTAL BID PRICE Z Z S t15 ~-- Total Bid Price: ~~ ^ /~ (Words) E -~ ;-F ~~ S p ~lr N Bid Form ~ < < \ t er-v- ~ ~ ~ v E s rX~„ 'fit J ~e ,Se J e~~ C.,. ~ City of Cupertino SCCCP Phase lA 00400 - 4 REVISED: ADDENDUM N0.3 Unit Le4end LS =Lump Sum EA =Each LF =Linear Feet TON =Ton or 2,000 Pounds CY =Cubic Yards LB =Pounds AL =Allowance SF =Square Feet Project No. 2008-9112 City of Cupertino Bid Form SCCP Phase lA 00400 - 5 REVISED: ADDENDUM N0.3 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS Project No. 2008-9112 Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date ~2 April 1 2008 ~3 April 29, 2008 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: Ferma Corporation licensed in accordance with an act for the registration of Contractors, and with license number: ~ 236337 Expiration Date: 9/30/2008 (:al i fnrni a GFF ATTArFTFTt Where incorporated, if applicable Principals I certify (or declare) under penalty of perjury under the laws of the S~ Califo t t the foregoing is true and correct. ~/ Ferrari -President NOTE: If Bidder is a corporation, set forth the legal name of the co'fporation, stere incorporated, together with the signature of the officer 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. Business Address: Ferma Corporation __ 1265 Montecito Ave., Suite 200 Mountain View, Ca 94043-4506 Officers authorized to sign contracts: Marc Ferrari -Pre ident Typed Full Name: Telephone Number(s): 650 961-2742 Fax Number(s): 650 968-3945 E-Mall Address: .nforrari (dfPrmarnrZ, rrym END OF DOCUMENT City of Cupertino Bid Form SCCCP Phase lA 00400 - 6 FERMA CORPORATION CORPORATE OFFICERS OF FERMA CORPORATION A California Corporation MARC FERRARI President 1265 Montecito Avenue, Suite 200 Mountain View, CA 94043-4506 Federal ID No. 94 -1592184 RAY FERRARI Secretary/Treasurer 1265 Montecito Avenue, Suite 200 Mountain View, CA 94043-4506 Federal ID No. 94 -1592184 ROY FERRARI RMO/Qualifier 1265 Montecito Avenue, Suite 200 Mountain View, CA 94043-4506 Federal ID No. 94 -1592184 BRUNO FERRARI Vice President 1265 Montecito Avenue, Suite 200 Mountain View, CA 94043-4506 Federal ID No. 94 -1592184 1265 Montecito Avenue, Suite 200 Mountain View, CA 94043-4506 (650) 961-2742 Estimating/Administration Fax (650) 968-3945 Accounting Fax (650) 961-0967 Project No, 2008-9112 KNOW ALL BY THESE PRESENTS: DOCUMENT 00411 BOND ACCOMPANYING BID That the undersigned Ferma Corporation as Principal, and the undersigned as Surety, are held and firmly bound unto the CITY OF CUPERTINO, a Mutticipal Corporation of the State of California ("City"), as obligee, in the penal sum of ten percent of bid amount Dollars (S 10~------) lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal Ferma Corporation's base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is submitting a Bid for City Project Number 2008-9112, STEVENS CREEK CORRIDOR PARK -PHASE IA CREEK RESTORATION. THE CONDITION QF THIS OBLIGATION ]S SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, inswance certificates, and alt other endorsements, forms, and documents required under Document 00200 (Instructions to Bidders), titer this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument this th day of April , 2008. (Corporate Seal) Fe By (Corporate Seal) By END OF DOCUMENT tual Insur e Company _ ~ Surety M. Griswold, Attorney in Fact City of Cupertino 00411 - 1 SCCP Phase 1A Bond Accompanying Bid ACKNOWLEDGMENT State of California County of Santa Clara On _05/07/08 before me, Regina Reason, Notary Public personally appeared Marc Ferrari who provide to me on the basis of satisfactory evidence to be the person (s) whose name(s) is/are subscribed to the within instrument and acknowledgement 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 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. ._____ REGINA REASON Commission # 1531780 ,~ Notary PubUc - Calitomia Sonia Clara County BAy Comm. Expires Dec 12, 2008 Signature OPTIONAL (Seal) Through the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: -Individual -Corporate Office - Titles(s): -Partner - General -Attorney in Fact -Trustee -Guardian or Conservator Other: is CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . State of California County of Santa Clara On April 29, 2008 before me, _ Patricia K. Simicich, Notarv Public , Data Here Insert Name and Title of the icer personally appeared Charles M. Griswold Name(s) of Signer(s) PATRICIA K. SIMICICH Commisslon # 1769525 ~m Notary Public - California _ ~~ : Santa Clara County '- My Comm. l.~ires Sep 21, 2011 Place Notary Seal Ahove who proved to me on the basis of satisfactory evidence to be the person(s) whose names} 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 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. ~1 WITNESS and an icial sell, ~. Signature ~ gnature of Notary Pudic OPTIONAL l'hough the information below is not required by law, it may prove valuable to persons relying on fhe document and could prevent fraudulent removal and reattachment of this /orm to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): - ^ Partner - O Limited O General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator O Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: O Individual O Corporate Officer -Title(s): , O Partner - O Limited ^ General ^ Attorney in Fact O Trustee O Guardian or Conservator D Other: Signer Is Representing: • Top of thumb here ®2007 National Notary Associ~ion• 9350 De Soto Ave., P.O. Beoc 241)2 • ChBtawortlt, CA Bt 313.2402 • vnvw.NationalNotaryorg Item A5907 Reorder:CaM Tall•Free 1-80P876.6B2T THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 2229427 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent hereto stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY .y O Q Y N C d ~ ~ °~ L V O L , d ~ _~ 'C ~ ~M O~ _` y O o~ c~ W d ~~ E w~ av ' L Zv KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the `Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint FRANCIS E. COOK, CHARLES M. GRt.SWOLD, RQNALD G. SPEND, DANIJELA L MOSL~NIG,. ALL OF THE CITY OF SAN JOSE, STATE O.F CA4lfORNIA : ...... .,. ... .......... ................... . ... . . ,each individually if there be more flan one named, its true. and lawful attorney-in-fact tp__make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, an*y and all undertakings, bonds, recognizances and other surety obliggationS:inahe penal sum not exceeding FIFTY MILLION AND 00/100*****'"''***** ***""** DOLLARS.($ 50D00, 00.00***** ) each, and the execution of such undertakings, bonds,.. recognizances and other surety obligations, in pursuance of .-these presents;, shall be as binding upon the Company as if they had been duly signed- by ttie president and attested by the secretary gfahe Company in their own proper persons. That this power is made and executed.purswant to and by authority ofae folowmg By-law and Authorization:, ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Company and the corporate seat of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 23rd day of October , 2007 LIBERTY MUTUAL INSURANCE COMPANY ':~,~k Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this .23rd day of October 2007 ,before me, a Notary Public, personally came Gamet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH P unto subscribed my name and affixed my notarial -seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ~. ~ON1+~+ ~ - ~<tJ ~Q~ ~~~ ~ CgMMQNWt_AtiH OF AENH YL1fAl+l1A - Pktarid Saai OF TetteaPasteMa,YPc gy ,(%~(~Q~C~ l1iQ~~~-R/ _ fem. Ma~mery Gc~xuy ~q- ~~„~,~. .. Teresa F'a§tella, Notary Public. ~t-~P ~1:t ~ ~ i,tanwrr. Pantisyjv*nk As*odatbn ~ Hotadae ~ ~ ~ ~. .. CERTIFICATE 'v - - A'~ I, the undersigned, Assistan ecretary ofi Liberty Mutual Insurance Company, do herebycertify that the original powerof attorney of which the foregoing is a full, true and correct copy, is in full'fn[oe and effect on'the date of thin-certificate; and :t do further certify that theofficer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint:attorneys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attomey issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN T~ES~ IM,,ONY WHEREOF,~h~aOv8 hereunto subscribed my name and affixed the corporate seal of the said company, this 29th day of P ~~~ NS 's. Y ' 14f^ ,^ y,:~~cy~9 ¢ By ~ ~ k ~ Davi M. Carey, Ass' t Secretary N d N 3 C O V N d W C ~ ~ Qo ch o~ d~ 3~ OE a~ N t O ~~ cc ~~ 'a ~~ d ~~ y O ~~ N .r.. ~ V O , H ~ Project No. 2008-9112 DOCUMENT 00430 SUBCONTRACTORS LIST Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract. Full Name of Subcontractor and Address Description of Work: Reference To Bid Items Subcontractor's License No. (610 C.OrPoC'b,~ C~ccl~ erg-o-~ u r+n o~ ~{ SuJ-J'e~~J` J ~cc~~ o ~ i c~.I Concerns =^c I2S WG~k C ~cc~~ Sc~n-l-a Cc Sz- L 1~ Sod '1'~J'^5 ~ ~~, 3 2, 33, 39,y o '-f'1, 42 , 4 3 , y ~ ~ 7 ~ J I (~. o ~ M D<<c~ ~ ~.~. -~ 8 ~'es~.k~~.~.-Q,c ,_,~-~~ . o,~ ~~~ ~ ~ ~ ~S J~ ~~ ~~ ~~ (Bidder to attach additional sheets if necessary) END OF DOCUMENT City of Cupertino 00430 - 1 Subcontractors List SCCP Phase lA Bond Number: 070005596 Premium: $22,559.00 Project No. 2008-9112 DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated ~ 2008, is in the penal sum of __~wo million two hundred sixty-five thousand four hundred fifty -seven do 11 a r s and 7 0 / 10 0 [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Constnaction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12, attached to this page. Any singular reference to _ Ferma Corporation ("Contractor"), Liberty Mutual Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: Ferma Corporation _ Name 1265 Montecito Avenue Address Mountain View, CA 94043 City/State/Zip SURETY: Liberty Mutual Insurance Company Name 175 Berkeley Street Principal Place of Business Boston, MA 02117 City/State/Zip CONSTRUCTION CONTRACT; STEVENS CREEK CORRIDOR PARK- PHASE lA CREEK RESTORATION PROJECT NUMBER 2008-9112 at Cupertino, California. DATED May 2 8 , 20 0 8 in the Amount of $ 2 , 2 6 5 , 4 5 7 . 7 0 (the `penal Sum") CONTRACTOR A CIPA SURETY Company: (Co al) Company: (Corp. Seal) Ferma C atio Liberty Mutual Insur nee Compan}~ ~ Signature: Signature: Name d Tit Mar errari-President Name and Title: Franc i Coo c Attorney-In-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Construction Contract, which is incozporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond. 3. If there is no City Default, Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and 3,2 City has agreed to pay the Balance of the Contract Sum: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or City of Cupertino Construction Performance Bond SCCP Phase lA 00610 - 1 ACKNOWLEDGMENT State of California County of Santa Clara On 5/30/08 before me Rosa Rojas, Notary Public personally appeared Marc Ferrari who provide to me on the basis of satisfactory evidence to be the person (sj whose name(s) is/a~e- subscribed to the within instrument and acknowledgement to me that he/s~e3L..executed the same in his/her-heir authorized capacity(-ies), and that by his/her~ir signatures on the instrument the person(s) or the entity upon behalf of which the personas} acted, executed the instrument. I certify under PENALTY OF PERTURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ROSH RO.iAS ~~ Commission # 1622330 . ter' Nofary PubBc -California Soma Clara County ~ C~• lea Dec 13.2009 Signature ~ ~~~ (Seal) OPTIONAL Through the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: -Individual -Corporate Office - Titles(s): -Partner - General -Attorney in Fact -Trustee -Guardian or Conservator Other: Signer is Project No, 2008-9112 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract. 4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction 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 complete the Construction Cortract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City's consent; or 4,3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, 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 in paragraph b, below, exceed the Balance of the Contract Sum, then Stuety shall pay to City the amount of such excess; or 4.4 Waive its right to perform anti complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. If City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable far future damages then unknown or unliquidated resulting liom the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6, below. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond, At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation, and by way of example only, i~hts to perform work, protect work, mitigate damages, advance critical work to nutigate schedule delay, or coordinate work with other consultants or contractors. 6. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall urclude, but are not limited to: 6. l The responsibilities of Conh•aetor under the Construction Contract for completion of the Construction Contract and correction of defective work; C.2 The responsibilities of Contractor under We Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to, all valid and proper backcharges, offsets, payments, indemnities, or other damages; 6.3 Additional legal, design professional and delay costs resulting from Contractor I)efauIt or resulting from the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's fees incurred to enforce this Bond). City of Cupertino ' SCCP Phase lA 00610 - 2 Construction Performance Bond Project No. 2008-9112 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns, 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, 9. Any proceeding, legal or equitable, under this Bond shall be instituted ht any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Commnnications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided itt Document 00520 (Contract). Actual receipt of notice by Surety, City or Contactor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefi•om and provisions confomring to such statutory requirement 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 Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract. 12,2 Conshuction Contract; The contract between City and Contractor identified on the signature page of this Bond, includurg all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Constntetion Contract including, but not limited to, "default" or any other condition allowing a termination for cause as provided in Document 00700 (General Conditions), 12.4 City Default: Material failure of City, which has neither boon remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Constnuction Contract. END OF DOCUMENT' City of Cupenino Construction Performance Bond SCCP Phase lA 00610 - 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara Qn May 28, 2008 before me, Dani~ela L. Mosunic, Notary Public Date Here Insert Name and Ttle of the Officer personally appeared Francis E. Cook Name(s) of Signer{s) DANIJELA- L. MOSUNIC Commission # 1784462 ~ •••d i Notary Public - California ~ = Santo Claro County Cam, ~ ~ ~ 10,2011 who proved to me on the basis of satisfactory evidence to be the person() whose name(sj islase~•subscribed to the within instrument and acknowledged to me that he/ahekh><y executed the same in his/faerLibeir authorized capacity(ies•), and that by his/berJ#k~i~signature(a) on the instrument the person(s), or the entity upon behalf of which the persons) 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 o ~cial seal. Signature - Place Notary Seal Above Signature of otary u61c OPTIONAL Though the information below is not required 6y law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies} Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): _ Partner - ^ Limited ^ General ~ Attorney in Fact ^ Trustee r~ Guardian or Conservator ~^ Other: Signer Is Representing: f Top of thumb here Number of Pages: Signer's Name: ^ Individual ^ Corporate Officer -Title(s): _ ^ Partner - ^ Limited ^ General ^ Attorney in Fact ~ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 •Chatsworth. CA 91313-2402 • www.NationalNotaryorg Item tf5907 Reorder Call Toll•Frse 1-800.678$827 Bond Number: 070005596 Premium Included In Performance Bond Project No. 2008-9112 DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond") is dated , 2 0 0 8, is in the penal sum of two million two hundred sixty-five thousand four hundred fifty-seven dollars and 70/100 [one hundred percent of the Contract Price], and is entered into by and between the parties Iisted below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Co~tditions, paragraphs 1 through 14, attached to this page. Any singular reference to Ferma Cor oration ("Contractor"),Liberty Mutual Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City"} or other party shall be considered plural where applicable, CONTRACTOR; Ferma Cornoration Name 1265 Montecito Avenue Address Mountain View, CA 94043 City/State/Zip SURETY: Liberty Mutual Insurance Company Name 175 Berkeley Street Principal Place of Business Boston, MA 02117 City/State/Zip CONSTRUCTION CONTRACT: STEVENS CREEK CORRIDOR PARK- PHASE 1A CREEK RESTORATION PROJECT N(J'VCBER 2008-9112 at Cupertino, California. DATED May 2 8 , 20 0 8 in the Amount of $ 2 , 2 6 5 , 4 5 7 . 7 0 (the "Penal Sum") CONTRACTOR AS RINCIPAL SURETY Company; o Seal) Company: orp. Seal Ferma Co + Liberty u I surance Company Signature: Signature: Name nd Title: rc errari-President Name and Title: Francis E . k Attorne -In-Fac ~~ BOND TERMS AND CONDITIONS Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to City, this obligation shall be null and void if Contractor: Z,1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and 2.2 Defends, indenuufies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished Iabor, materials or equipment for use in the performance of the Construction Contact, provided Gity has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims, demands, Liens or suits to Contractor and Surety, and provided there is no City Default. City of Cupertino Construcrion Labor and Material SCCP Phase lA 00620 - 1 Payment Bond ACKNOWLEDGMENT State of California County of Santa Clara On 5/30/08_before me, Rosa Rojas, Notary Public personally appeared Marc Ferrari who provide to me on the basis of satisfactory evidence to be the person Fs} whose name(sj is/a~e- subscribed to the within instrument and acknowledgement to me that he/~ executed the same in his/113ei~r authorized capacity(}esj, and that by his/heeir signatures} on the instrument the personf sj or the entity upon behalf of which the persons} 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. ROSA ROJAS W` Commissbn # 1622330 •e Notary Public -California Santa Clara County My Comm. FxpAes Dec 13, 2009 Signature G~C~~ (Seal) OPTIONAL Through the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: -Individual -Corporate Office - Titles(s): -Partner - General -Attorney in Fact -Trustee -Guardian or Conservator Other: Signer is Project No. 2008-9112 With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Iusurance Code with respect to Work or labor performed undez the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor, then Surety shall pay for the carne, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the court. 4. Consistent with the California 1~Iechanic's Lien Law, Civil Code §3082, et .seq., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond, 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Consh•uction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond. 7. City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to CIaimants under tlus Bond. 8. Surety hereby waives notice of any change, including changes of time, to the Construction Contractor to related subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be performed thereunder, or materials or equipment to be furnished thereunder or the Specifications accompanying the same, shall in any evay affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes. 9. Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code §32x9, must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184. Z0. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 {Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11, This Bond has been fi~rnished to comply with the California Mechanic's Lien Law including, but not limited to, Civil Code §§3247, 3248, et seg. Any provision in this Bond conflicting with said stahttory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein, T'he intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Upon request by any parson or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly fiirnish a copy of this Bond or shall pernut a copy to be made. 13. Contractor shall pay to persons perfornung labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (])work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. T'tte per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has peon ascertained and deternvned by the Director of the State Department of Industrial Relations and City to be the City of Cupertino SCCP Phase IA 00620 - 2 Construction Labor and Material Payment Bond Project No. 2008-9112 general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. 14. Definitions. 14. t Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service ur rental equipment used in the Gorrstruction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Depar-tnrent as referred to in Civil Code §3248(b). 14.2 Construction Conhact: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto, 14.3 City Default: Material failrtre of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termuration of the Construction Contract. BND OF DOCUMENT City of Cupertino Constnretion Labor and Material SCCP Phase lA 00620 - 3 Payment Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara Qn May 28, 2008 before me, Dani-jela L. Mosunic, Notarx Public Date Here InseA Name end Title of the Ofticer ' personally appeared Francis E. cook Name(s) of Signer(s) DANIJELA L M05UNIC Commission # 1784482 ~ :-aY \ :~o Notary Public - California _ ~ Santa Cara County "• ~, Can'n. Fxt,ires Dec l 0, 2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sj isla~s-subscribed to the within instrument and acknowledged to me that he/sheffhey executed the same in his/taexliheir authorized capacity(ies•), and that by his/her/thei~signature(a) on the instrument the person(s), or the entity upon behalf of which the persons) 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 o 'cial seal. Place Nota Sea! Above Signature rY Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove vaiuabie to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ individual ^ Corporate Officer -Title{s): _ Partner - ^ Limited ^ General Attorney in Fact ^ Trustee Guardian or Conservator ~^ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ^ individual ^ Corporate Officer -Title(s): _ ^ Partner - ^ Limited ^ General ^ Attorney in Fact Trustee ^ Guardian or Conservator ^ Other: Signer is Representing: Top of thumb here ®2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313.2402 • www.NationalNotaryorg Item #5907 Reorder: Call Tol!-Erse 1-BOP~876-6827 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. ~~~/ ~~ y This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint FRANCIS E. COOK, CHARLES M. GRISWOLD, RONALD G. SPEND, DANIJELA L. MOSUNIC, ALL OF THE CITY OF SAN JOSE, STATE OF CALIFORNIA .................................................................................................................................... ............................................................................................................................................................................................... each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, an*y and all undertakings, bonds, recognizances and other surely obligations in the penal sum not exceeding FIFTY MILLION AND 00/100************ ******* DOLLARS $ 50,000,600.00***** ( )each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: +.~ ~N O C. d .d N Y ~ ~ ~ 7 L V d ~O~ i~> '~~ _~ a ~ ~N O ~ _~ y O o~ C 1"~6 ti ,• V1 L >= £ •- w L v ~0 C ~ i Zv ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 23rd day of October , 2007 LIBERTY MUTUAL INSURANCE COMP~A,N/Y ~ ~~ Y .. ~Y Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss ~- ~'' COUNTY OF MONTGOMERY On this 23rd day of October 2007 ,before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH first above written. ~ CERTIFICATE subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year COls11MQNw~ALTH (Jf PENN YLVANIA ~ ~~ Q/yam-1-~ Sa~3 ~I~ /!~ C ~ BY y~ r ~; ~ ~ Ter sa Pastella, Notary Public Rl~r,sx~r. 3'nnnsy€a~eria Aasaaiatkan at Nptar3~~ I, the undersigned, Assistant'~ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 28th day of Ma3r ~nnR /s` /f t~ ' By ~ n~ ~,' ~' Davi M. Carey, Ass' rit Secretary a co N M d C ~N 3 A C R c ~o V N W ~a QM O~ d C 3~ O ~ a~ N O L O ~~ O= d .`p ~ '~ >~ do ~~ N w M vo 10- Project No. 2008-9112 DOCUMENT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER 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 Primary 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 SCCP Phase lA 00530 - 1 Insurance Forms CITY OF Project No. 2008-91 ] 2 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 during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name Santa Clara Valley Water District, its engineer, and each of its directors, officers, agents and employees, as determined by the District, as additional insureds on said policies. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name Cupertino Sanitary District, its engineer, and each of its directors, officers, agents and employees, as determined by the District, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating 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 during 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 SCCP Phase lA 00530 - 2 Insurance Forms LIMITS Project No. 2008-9112 Worker's Compensation In accordance with the Worker's Compensation & Employers' Liability Act of the State of California -Worker's comp "statutory" per CA Law; Employers' Liability $1,000,000 per occurrence. General Liability -commercial general liability; Combined single limit of $2.0 million per including provisions for contractual liability, occurrence; $4.0 million in the aggregate personal injury, independent contractors and products -completed operations hazard. Automobile Liability -comprehensive covering Combined single limit of $1.0 million per owned, non-owned and hired automobiles. occurrence. Ferma Corporation By: Marc Ferrari -President (Contractor's Name) Dated: May 28 2008 City of Cupertino SCCP Phase lA 00530 - 3 Insurance Forms CITY OF Project No. 2008-9112 CUPERTINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Insllred: Ferma Corporation Address: 1265 Montecito Avenue, Suite 200 Mountain View, CA 94043 Desci7ption of operations/locations/products insured (show contract name and/or number, if any): Ferma Job#5617/Project#2008-9112 Stevens Creek Corxidor Park-Phase lA Creek Restoration WORKER'S COMPENSATION * Statutory Min. * Employer's Liability (name of insurer) $ $ $ Insurance Company's State License No. Check Policy Type: Each Occurrence $ 2, a o o, 0 0 0 R~IS~I~ ~k9~B~k~~.' [ X] Premises/Operations General Aggregate $ 2, 0 0 0, 0 0 0 i (if applicable} [ ] Owners & Contractors Protective [ ] Contractual for Specific Contract [ X] Products Liability [X] XCU Hazards Aggregate Personal Injury $ 1,000,000 [X] Broad Form P.D. Fire Damage (any one fire) $ [X] Severability of Interest Clause [X ] Personal Injury with ~ Medical Expense $ Employee Exclusion Removed (any one person} or Self Insured COMMERCIAL GENERAL LIABILITY RetentiontDedu~tiba.e)$ Liberty Surplus Insurance Corporation 15, 000 (name of insurer) Policy No. DGL-SF-079259-044 Expiration Date 10/01/08 50,000 Excluded City of Cupertino SCCP Phase lA OOS30 - 4 Insurance Forms Project No. 2008-9112 AUTOMOTIVE/VEHICLE LIABILITY Commercial Form Liability Coverage Netherlands Insurance Corporation (name of insurer) BODILY INJURY Each Person PROPERTY DAMAGE Each Accident $ $ Eaeh Accident $ or Combined Single Limit $_ 1, o 0 0, o 0 0 Policy No. BA8199248 Expiration Date io/ox/oa BUILDER'S RISK "ALL RISK" This is to certify that the following policy has been issued by the below-stated company in conformance with the requirements of the project documents and is in force at this time. NI,L~. (Name of insurer) Policy No. Expiration Date Limits of Liability: Deductible: ~~, -- A copy of all Endorsements to the policy(ies) which in any way _______ (agent's initial) limit the above-listed types of coverage are attached to this Certificate of 12isurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the A~~gr~~ee``ment between the City a d the insured. `~ ~Y: Dated:_ May 2 8 20 o s beryl Abbott Attach Certificate of Insurance and Additional Insured~Endorsement on company forms. City ofCupertina SCCP Phase IA 00530 - 5 Insurance Forms CITY OF ADDITIONAL INSURED ENDORSEMENT and CUAERTINO ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project No. 2008-9112 Project Title and Number: Ferma Job#567.7/Project#2008-9112 Stevens Creek Corridor Park Phase lA-Creek Restoration In consideration of the policy prerniurn and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City"} and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers,, agents and employees, and the State of California, and its officers, agents and employees, are hereby declared to be additional insureds under the terms of this policy, but oiliy with respect to the' 'operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but ,limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insureds) shall be called upon to cover a Ioss under said ,additional policy. Cancellation Notice. The insurance afforded'by this policy shall not be suspended, voided, canceled, reduced in covexage or in limits, or materially altered, except after thirty (30} 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 INFORMATION 1. insurance Company: Liberty surplus Insurance Corporation 2. insurance Policy Number: DGL-SF-079259-044 3. Effective Date of this Endorsement: May 2 a 20 0 8 4. insured: Ferma corporation All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. ', I, Cheryl Abbott (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. City of Cupertino SCCP Phase lA 00530 - 6 Insurance Forms Project No. 200$-9112 Signature of Authorized Representative: ~-•~'~r-Q-~-~-.~ . (Original signature required on all Endorserne rnished to the District) Names of Arthur J. Gallager & Co. Insurance Agent/Agency: Brokers of California, Inc. Title: Area Assistant Vice President Address: One 1~lmaden Boulevard, Suite 960 Telephone' 408 973 9500 San Jose, CA 95213 Facsimile: 408 257 2985 Ciry of Cupertino SCCP Phase lA 00530 - 7 Insurance Fornvs c~-rY oP Project No, 2008-9i t2 COMPREI-IENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OT AGGREGATE LIMITS OF CUPERTINEO INSURANCE PER PROJECT Project Title and Number: Ferma Job#5617%Project#2008-9112 Stevens Creek Corridor Park Phase 1A-Creek Restoration In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below-referenced policy o£ insurance. The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described aS Ferma Job#5617/Project#2008-9112 Stevens Creek Corridor Park Phase lA-Creek Restoration 'POLIC'Y INI'ORMATION ~ 1. Insurance Company: Liberty Surplus Insurance Corporation 2. Insurance Policy Number: DGL-SF-079259-044 3, Effective Date of this Endorsement: May 28 2p o8 14. Insured: Ferma Corporation S. Additional Insured: City of Cupertino, its directors, off cers, agents and employees. Ail 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 Cheryl Abbott (pr7nt/type name) ',warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. ,Signature of Authorized Representative: ', (Original signature required on all Endorsements iihed to the District) Names of Arthur J. Gallagher & Co. Insurance Agent/AgenCy:Brokers of California, Inc. Title: Area Assistant vice president (Address: One Almaden Boulevard Suite 9bo Telephone: 408 973 9500 j San Jose, CA 95113 FaCSimile: 408 257 2985 City of Cupertino SCCP Phase lA OOSBO - 8 Insurance Torms ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) TM 05/28/08 PRODUCER LIC #0726293 1-408-973-9500 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers of California, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR one Almaden Boulevard , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite #960 San Jose, CA 95113 INSURERS AFFORDING COVERAGE NAIC # INSURED Ferma Cor oration INSURERA:Liberty Surplus Ina Corp 10725 p INSURER B:Netherlanda Ins Co 24171 1265 Montecito Avenue Suite 200 INSURERC:Everest Natl Ins Co 10120 Mountain View, CA 94043 INSURERD:Amer Intl Specialty #26883 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR IN AN POLICY NUMBER POLICY EFFECTIVE DATE MMIDD Y POLICY EXPIRATION DATE MM DD Y LIMITS A X GENERAL LIABILITY DGL-SF-079259-044 10/01/07 10/01/08 EACHOCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DA A T REN E PREMISES Eaoccurence $ 50,000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ BXCLUDED X CONTRACTUAL LIABILITY PERSONAL&ADVINJURY $1,000,000 GENERALAGGREGATE $2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $2,000,000 POLICY X PCT LOC B X AUT OMOBILE LIABILITY BA8199248 10/01/07 10/O1/OB COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) ALL 0 W N ED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY IN JURY $ X NON-OWNED AUTOS (Per accident) PROPERT Y DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC OTHERTHAN $ AUTO ONLY: AGG $ C EXCESSIUMBRELLALIABILITY 7107000120071 10/01/07 10/01/08 EACH OCCURRENCE $5,000,000 X OCCUR ~ CLAIMS MADE AGGREGATE $ 5, 000, 000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- TORY LI IT ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E. L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ OTHER D Pollution Liability CP01176844 10/01/07 10/01/08 Per Claim/Agg 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Ferma Job#5617/Project#2008-9112 Stevens Creek Corridor Park-Phase IA Creek Restoration (General Engineering). Additional Insureds: The City of Cupertino, its engineer, and each of its directors, officers, agents and employees; Santa Clara Valley Water District, its engineer, and each of its directors, officers, agents and employees; Cupertino Sanitary District, its engineer, and each of its directors, officers, agents and employees. l,CR11r14NIG i-IVLUCR liA1V~.CLLAIIVN Ten Uay NOL1Ce LOr NOn-Payment OL Premium Ferma Job#5617 Project#2008-9112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION The City Of Cupertino DATE THEREOF, THE ISSUING INSURER WILL @FMfYcX9IQ[9CXQf MAIL 30 DAY5 WRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~A>;O~it9ClL4'dC~X4QXX 10300 Torre Avenue XI]~I#8i~1~SX;iWLI!F7h~E#~7GX$ILKdkI4~4$11Q8X~~X19R1E~foX9LDk1~R~4~ED1~47ElEit'~iidFX XItKACQD~9NAF]EXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE / /~ USA -~^-~f _ - ACORD 25 (2009/08) bdedios ©ACORD CORPORATION 1988 8902299 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 The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does ii affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Insured: Ferma Corporation. Policy Term: 10/01/2007 to 10/01/2008 Policy Number: BA8199248 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II -LIABILITY COVERAGE A. COVERAGE * * * 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or aself-insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) the permit has been issued to you. 2. COVERAGE EXTENSIONS a. Supplementary Payments Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (09/04) Page 1 of 3 Policy Number: BA8199248 SECTION III -PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 5. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you forthe rental of an "auto" because of "loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 8. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured -Lessor, in the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3: The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (09/04) Page 2 of 3 Policy Number: BA8199245 b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c. does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: D. DEDUCTIBLE (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. SECTION IV. -BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. ,~ * * We waive any right of recovery we may have against any additional insured under Coverage A.1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. is added: 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (09/04) Page 3 of 3 Corporation m ~icmbcrnlLibcrtpnfucva7(;mup Liberty Surplus Insurance Corporation ENDORSEMENT NO. 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Endorsement Effective Date: 10/01/07 Policy No.: DGL-SF-079259-044 Insured: Forma Corporation PRIMARY INSURANCE CLAUSE ENDORSEMENT To the extent that this insurance is afforded to any additional insured under the policy, such instu-ance shall apply as primary and not contributing with any insurance carried by such additional insured, as required by written contract. Nothing herein contained shall be held to waive, vary, alter or extend any condition or provision of the policy other than as above stated. CGL 1031 0403 Page 1 of 1 CorPoratzon m Sic~nbcr oFUhcrty iinmal Gmup Liberty Surplus Insurance Corporation ENDORSEMENT NO. S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement Effective Date: 10/01 /07 Policy No.: DGL-SF-079259-044 Insured: Ferma Corporation ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION SCHEDULE Name of Person or Organization: As required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II -Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CGL 1037 1103 Page 1 of 1 CorPoration~ ® McmbcrdfLibcrtpblumalGrou~ Liberty Surplus Insurance Corporation ENDORSEMENT NO. 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement Effective Date: 10/01/07 Policy No.: DGL-SF-079259-044 Insured: Ferma Corporation ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS SCHEDULE Name of Person or Organization: As required by written contract. Location and Description of Completed Operations: Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) CGL 1038 1103 Page 1 of 2 Section II -Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the Schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". CGL 1038 1103 Page 1 of 2 SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 05/28/08 NAME OF INSURED: E'erma Corporation Additional Description of Operations/Remarks from Page 1: Additional I noorm ation: Includes: General Liability: Additional Insured as required by written contract per attached forms CGL 1037 1103 & CGL 1038 1103. Coverage is Primary per attached form CGL 1031 0403. Commercial Automobile: Additional Insured as required by written contract per attached form GECA 701 (09/04). m ioo mune~ CITY OF Project No. 2008-9112 ~~~ WAIVER OF SUBROGATION ENDORSEMENT (~~~I WORKER'S COMPENSATION INSURANCE GUPERTINO Project Title and Number: Stevens Creek Corridor Park Phase lA Creek Resotration In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above-referenced Contract. POLICY INFORMATION 1. Insurance Company: State Compensation Insurance Fund 2. Insurance Policy Number: 000571-0006143-2007 3. Effective Date of this Endorsement: 5/23/08 Ferma Corporation 4. Insured: 20 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, (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. ATTACH Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Address: Title: Telephone: Facsimile: City of Cupertino SCCP Phase IA 00530 - 9 Insurance Forms CERTHOLDER COPY STATE P.Q. BOX 420807, SAN FRANCISCO,CA 94142-08Q7 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 05-23-2008 GROUP: 000571 POLICY NUMBER: 0006143-2007 CERTIFICATE ID: 2642 CERTIFICATE EXPIRES: 10-01-2008 10-01-2007/10-01-2008 CITY OF CUPERTINO PUBLIC WORKS DEPARTMENT NG JOB:F & C 5617 #2008-9112 STEVENS CREEK CORRIDOR PARK PHASE to CREEK RESOTRATION 10300 TORRE AVE CUPERTINO CA 95014-3202 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. THORIZED REPRESENTATI (k~ PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2008-05-23 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF CUPERTINO PUBLIC WORKS DEPARTMENT ENDORSEMENT #2001 ASBESTOS CERTIFICATION EFFECTIVE 10-01-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER FERMA CORPORATION 1265 MONTECITO AVE STE 200 MOUNTAIN VIEW CA 94043 NG (LM6,CN] NG (RE V.2-05) PRINTED 05-23-2008 WAIVER OF SUBROGATION NOTICE Enclosed is your copy of a certificate of insurance on which the certificate holder required a waiver of subrogation: 1. Please be advised that a waiver of subrogation requires that a 3% surcharge will be applied by State Fund ONLY to the premium assessed on the payroll of your employees earned while engaged in work for that certificate holder who requested the waiver. (Note: if you have no employee payroll on that job, then there is no charge.) 2. To apply the 3% surcharge, you must also agree to maintain accurately segregated payroll records for employees engaged in work on job/s for the certificate holder who has the waiver. The payroll records are subject to verification by an auditor. Example: Payroll for job: $5,000.00 Sample Rate: 13.300 Regular Premium equals: $ 665.00 Surcharge: 3.OOo Additional Waiver charge: $ 19.95 Total premium equals $ 684.95 (665.00 + 19.95) Project No. 2008-9112 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of STEVENS CREEK CORRIDOR PARK -PHASE lA CREEK RESTORATION 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 fmal payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, 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 rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or 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. Ferma Corporation Contractor's Name Address Mountain View. Ca 94043 City/State/Zip City of Cupertino SCCP Phase lA May 28, 2008 Date END OF DOCUMENT 00630 - i Guaranty