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13-131 Pacific States Environmental Contractor Inc., Mary Ave Dog Park Soil Remediation Project No. 2010-9137CUPERTINO December 23, 2013 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -1223 • FAX: (408) 777 -3366 WEBSITE: www.cupertino.org Pacific States Environmental Contractor, Inc.. 11555 Dublin Blvd. Dublin, CA 94568 Re: Agreement and Release of Any And All Claims, Mary Ave. Dog Park — Soil Remediation, Project Number 2010 -9137 Enclosed is a fully executed copy of the above stated agreement with the City of Cupertino. If you have any questions or need additional information, please contact the Public Works Department at (408) 777 -3354. Sincerely, Kirsten Squarcia Deputy City Clerk Enclosure cc Public Works Project No. 2010 -9137 DOCUMENT 00650 -:....AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS MARY AVE DOG PARK, - SOIL REMEDIATION PROJECT NUMBER 2010 -9137 THIS AGREEMENT AND.:.RELEASE OF ANY AND ALL CLAIMS ( "Agreement and Release "), made and entered into this 25'h day of November, 2013 by and between the City of Cupertino ( "City"), and Pacific States Environmental contractor, Inc. whose place of business is located at 11555 Dublin Blvd., Dublin, CA 94568 ( "Contractor "). RECITALS A. City and Contractor. entered into Contract, P.O. 4 00058204, the ( "Contract ") B. The Work under the.�Contract has been completed. Now, therefore,:it•is,mutually agreed between City and Contractor as follows: AGREEMENT Contractor will not be assessed liquidated damages except.as detailed below: No Liquidated:damages to -be assessed Original Contract Sum Modified Contract Sum Payment to Date Liquidated Damages Payment Due Contractor $ 50,200.00ei_ $ 52,701.00 A $ 47,430.90 di�, $ 0A $ 5,270.10,& _ Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of Five Thousand Two,Hundred and Seventy Dollars and Ten Cents ($ 5,270.10) under the Contract, less any amounts withheld under the Contractor represented by any Notice to Withhold Funds on file with City as of the date of such payment. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against City arising from-'the Contract, except for the claims described in paragraph 4 of this Document 00650. It is the intention'oUthe parties in executing this Agreement and Release that this Agreement and Release shall be effective as-.a full, final and general release of all claims, demands, actions, causes of action, obligations; costs, expenses, damages, .losses and liabilities of Contractor against City, and all if its agents, employees, consultants (including :without limitation Consulting Cupertino), inspectors, representatives, assignees and transferees except for the Disputed Claims set f)rth in paragraph 4 of this Document 00650. Nothing in this Agreement and ;Release shall limit or modify Contractor's continuing obligations described in paragraph 6 of this Document 0.0650. City of Cupertino Mary Ave. Dog Park — So&Remediation 00650- 1 Agreement and Release of Any and All Claims Project No. 2010 -9137 4. The following claims are disputed (hereinafter, the "Disputed Claims ") and are specifically excluded from the operation of this Agreement and Release: Claim No. Date Submitted Description of Claim Amount of Claim No Claims on project 5. Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that, in consideration of the payment set forth in paragraph 2 of this Document 00650, Contractor hereby releases and forever discharges City, and all of its agents, employees, consultants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract DOCn:nlents. Contractor shall immediately defend, indemnify and hold harmless the City of Cupertino, Santa Clara County, its Architect, any of their Representatives, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and /or Subcontractors of any tier and /or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims set forth in paragraph 4 of this Document 00650. 8. Contractor hereby waives the provisions of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable. lo. Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release. 11. All rights of City shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release. City of Cupertino 006150 - 2 Agreement and Release of Any and All Claims Mary Ave. Dog Park — Soil Remediation Project No. 2010 -9137 * * * CAUTION: THIS IS A RELEASE - READ BEFORE EXECUTING * * * THE CITY OF CUPERTINO, a Municipal Corporation of the State of California By: Tnnm orden, Director of Public Works ATTEST: C5 /& " � 9, - e " � �1' 10— Grace Schmidt, City Clerk I)-, —)L-0—t 3 Pacific States Environmental Contractors, Inc. By.: Name: Its: By: Name: Its: REVIEWED AS TO FORM: '1 Carol Korade, City Attorney he�be T 20 20 13 END OF DOCUMENT City of Cupertino 00650-3 Agreement and Release of Any and All Claims Mary Ave. Dog Park — Soil Remediation i 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 27383 DOCUMENT: 22465065 �WI�IIIIIIINIVIIIIIVIIIIIIIIIVI� REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at'.the request of City: Pages: 3 Fees.... + No Fees Taxes... Copies. AMT PAID RDE # 024 12/05/2013 2:49 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION MARY AVENUE DOG PARK SOIL REMEDIATION CITY PROJECT NUMBER 2010 -9137 Original 71 For Fast Endorsement CUPERTINO City Hall 10300 Torre Avenue Cupertino, CA 95014 -3255 (408) 777 -3354 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION 132- M NOTICE OF ACCEPTANCE OF COMPLETION MARY AVE DOG PARK SOIL REMEDIATION CITY PROJECT NUMBER 2010 -9137 NOTICE IS HEREBY GIVEN THAT I, Timm Borden, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements for remediation of soil, performi,d at the Mary Avenue Dog Park located in Cupertino, California, in hereinafter described in the contract which was entered into, by, and between the City of Cupertino and Pacific States Environmental Contractor, Inc., August 29, 2013, in accordance with the plans and specifications for said work, have been completed to the City's satisfaction and acceptance of completion was ordered on November 26, 2013. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. Director of �Public Zorks and City Engineer of the City of Cupertino Date: November 26, 2013 „NO FE]B” City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27383 of the Government Code. This is to certify that the development agreement MARY AVENUE DOG PARK SOIL REMEDIATION CITY PROJECT NUMBER 2010 -9137 and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on November 26, 2013, and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: November 26, 2013 By: ,_ Dorothy Stce(9oit. City Clerk's f te- s MAR Y A VENUE DOG PAfiW - SOIL REMEDIA TION PROJECT NUMBER: 2010' -9137 CONTRACT CHANGE ORDER NO. 2 October 9, 2013 Contractor: Pacific States Environmental Contractor, Inc. 115'55 Dublin Blvd. Dublin, Ca 94568 The following changes is hereby approved: 2A. Add 12 calendar days to contract due to additional testing Total Change Order No. 2 Schedule Impact: Extension of 12 Calendar Days Project Final Completion Date: October 3, 2013 Total Project: Original Contract Change Order No. 1 Change Order No. 2 Revised Contract Purchase Order No. 00058204 Account No. 580- 9137 -9300 REVIEWED BY: $50,200.00 $2,501.00 $0.00 $52,701.00 APPROVED BY: Katy J en `I"mm Borden Capital Improvement Program Manager Director of Public Works Date T Date to ej -z $0.00 $0.00 Pacific ID States ENVIRONMENTAL CONTRACTORS, INC. October 7, 2013 PSEC Job No. 613135 City of Cupertino .10300 Torre Avenue Cupertino, CA 95014 ATTENTION: Katy Jensen CIP Manager SUBJECT: Mary Dog Park Soil'Remediation Cupertino, CA Request for Contract Change Order Naul and Disposal of California Hazardous Waste (Cal Haz Waste) Dear Ms Jensen: Reference is made. to Pacific States Environmental Contractors' (PSEC) letter dated 9 /17/2013. PSEC respectfully submits this Request for Contract Change Order for the time impacts associated 1Nitli the profiling, hauling, and disposing of the tree stumps at a Class 1 California hazardous waste disposal facility. The changei in character of the waste created a.two part delay. The first part is due to the retesting of the soil and tree stumps by others. The delay associated with retesting of the soil and tree stumps has been accounted for in CCO l dated 8/18/2013. The second part is the time:required for profiling of Cal Haz Waste. The material was,required to be profiled into Buttonwillow, a Class I disposal facility.. To bring the material to an out of state disposal facility would have an increased cost and would have no guarantee of a faster profiling process. During the profiling process, a new EPA ID number was created that had an address different from the Generator's address, This caused a delay in the profiling process. The profiling of the material was completed on 10 /1 /2013and off haul of the Class 1. material was completed on 10%3/2013. CCO I extended the conuact date to 9/20/13. Therefore PSEC is requestint; :I'3 days to account for the time required to profile the Class I material. Please review this request and issue a Contract Change Order for 13 days contract time. Sincerely, Pacific States Environmental Contractors, Inc. Adam Carvalho CC: Brian Eychner — PSEC Attachments: PSEC Letter 9/9/2013 PSEC Letter 9/1.7/2013 11555 Dublin Boulevard, Dublin, California 94568 ., Telephone 925/803 -4333 • Fax 925/803 -4334 Pacific ID States ENVIRONMENTAL CONTRACTORS, INC. September. 9-1-2013 City of Cupertino 10300Torre Avenue Cupertino, CA,950'14 ATTENTION`: Katy Jensen SUBJEC "I':. Mary Dog Nrlc S011 Reln.ediation Cupertino, CA Notice of Delay and Request for Contract Time Extension Soil Retesting Dear Ms Jensen. PSEC Job No.. 613135 Pacific..States Envii•onniental Contractors, Inc. (PSEC) fespectfiillyc,ubniits this Notice of Delay aind Request for'Contract'Fime Extension. 'flic August.27,.20.13 Contract No. 00520, Add`endum,N,o.1, 7'ecltnic :al Provisibiisi Excavation, Stockpiling, and Pi•ofiling.of Impacted Soil 3,.2 states once; stockpileil.,(9 /3/2013), TRC will sample the soil for co► iprehensive•chemicaI analysis at a state certified laboratory, •intended.forlandIll profiling, 411 cheniical analysis (including solubility tests) will be performed on a 5 -day Turn - Around -Time. The initial results came in fi•oin the laboratory of'IRC's choice this'nnorning (9/9/2013). PSEC-have been infornned,by TRC that the initial resnilts are not adequate forprofling and additional te'sting,needs to be-performed. A time.'extensimi %4111 be req ►iced for the additional "'time needed for testing'tiine in excess of 5 calendar days. CutTently the durationof the.regtiircd•extension is not certain. Once tl►e.results.fi•ann the testi►lg are received the duration of the required time extension will.be quantified and reported to'the City of Cupertino in a Request for Cliange Order. PSEC appreciates .-yourtimeieviewing this i'§qc. Please cointact ni(;.at;your cdiivenience with anyg►iestions of °coninne►its. Sincerely, Pacific States Environmental Contractors, Inc, Adam Carvalho File: 613135 CC: Brian Eyeliner — PSEC 11555Dublin Boulevard Dublin, Calif6inia`94568 4 Telephone 925/803- 4333.••Fax 925/803 -4334 Pacific ID States ENVIRONMENTAL CONTRACTORS, INC. September 17, 2013 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 ATTENTION: Katy Jensen CIP Manager SUBJECT: Mary Dog Park Soil Remediation Cupertino, CA Request for Contract Change Order Haul and Disposal of Class 'I Material Dear Ms Jensen: PSEC Job No. 613135 Reference is made to PSEC letter dated 9/9/2013. Pacific States Environmental Contractors, Inc. (PSEC) respectfully submits this Request for Contract Change Order for,the cost and time impacts associated with the retesting of soil and the haul and disposal of the, tree stumps at a Class I California hazardous waste disposal facility. PSEC was informed of the results from retesting the soil on 9/1 1/201:3. The tree stumps were to be hauled and disposed of at a Class It California hazardous waste disposal. facility. On 9/12/2013, PSEC was informed that the tree stumps contain high lead concentrations and are required to be disposed of at a Class I California Hazardous waste disposal facility. The change in character of the waste created a two part delay. The first part is due to the retesting of the soil and tree stumps. The delay associated with retesting of the soil and tree stumps is 3 days. The second part is the time required for profiling of Class I material. At this time PSEC cannot quantify the time delay associated with the profiling of Class I material as it is ongoing. As soon as the profiling is completed the time, extension will be quantified and reported to the City of Cupertino in a Request for Change Order. The costs associated with te change from Class It material to Class I material is broken down in the attached spreadsheet. Please review this request and issue. a Contract Change Order in the amount of $2501.00 and 3 days. Please note a future contract change order will be forthcoming for the current delay. Sincerely, Pacific States Environmental.Contractors, Inc. ,J--�� -- . --- --- Adam Carvalho CC: Brian Eychner — PSEC Attachments: PSEC Letter 9/9/2013 Spreadsheet 1 11555 Dublin Boulevard, Dublin, California 94568 -telephone 925/803 -4333• Fax 925/803 -4334 CITY OF CUPERTINO MARY A VENUE DOG PARK - SOIL REMEDIA TION PROJECT NUMBER: 2010 -9137 CONTRACT CHANGE ORDER NO. I September 18, 2013 Contractor: Pacific States Environmental Contractor, Inc. 11555 Dublin Blvd. Dublin, Ca 94568 The following changes is hereby approved: IA. Provide for disposal of soil and tree stumps at a Class I facility instead of Class II as specified Total Change Order No. 1 Schedule Impact: Extension of 8 Calendar Days Project Final Completion Date: September 20, 2013 Total Project: Original Contract Change Order No. 1 Revised Contract Purchase Order No. 00058204 Account No. 580- 9137 -9300 REVIEWED BY: — Katy Je Capital Improvement Program Manager Date $50,200.00 $2,501.00 $52,701.00 APPROVED BY: $2,501.00 $2,501.00 Timm ko den Director of Public Works D � ate �� 13 Pacific '8 States ENVIRONMENTAL CONTRACTORS, INC. September 17, 2013 City of Cupertino 10300 Tone Avenue Cupertino, CA 95014 A'T'TENTION: Katy Jensen CIP Manager SUBJECT: Mary Dog Park Soil Rentediation Cupertino, CA Request for Contract Change Order Haul and Disposal of Class I Material Dear Nis Jensen: PSEC Job No. 613135 Reference is made to PSEC letter dated 9/9/2013. Pacific States Environmental Contractors, Inc. (PSEC) respectfully submits this Request for Contract Change Order for the cost and time impacts associated with the retesting of soil and the haul and disposal of the tree stumps at a Class I California hazardous waste disposal facility. PSEC was informed of the results from retesting the soil on 9/11/20133. The tree stumps were to be hauled and disposed of at a Class 11 Cali:ornia hazardous waste disposal facility. On 9/12/2013, PSEC was informed that the tree stumps contain high lead concentrations znd are required to be disposed of at a Class I California Hazardous waste disposal facility. The change in character of the waste created a two part delay. The first part is clue to the retesting of the soil and tree stumps. The delay associated with retesting of the soil and tree stumps is 3 clays. The second part is the time required for profiling of Class I material. At this time PSEC cannot quantify the time delay associated with the profiling of Class l material as it is ongoing. As soon as the profiling is completed the time extension will be quantified and reported to the City of Cupertino in a Request for Change Order. The costs associated with the change Born Class 11 material to Class I material is broken down in the attached spreadsheet. Please review this request and issue a Contract Change Order in the amount of $2501.00 and 3 days. Please note a future contract change order will be forthcoming for the current delay. Sincerely, Pacific States Environmental Contractors, Inc. Adam Carvalho CC: Brian Eychner — PSEC Attachments: PSEC Letter 9/9/2013 Spreadsheet I 11555 Dublin Boulevard, Dublin, California 94568 • Telephone 925/803 -4333 • Fax 9251803 -4334 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 WEBSITE: www.cupeitino.org CUPERTINO August 28, 2013 Pacific States Environmental Contractor Inc. 11555 Dublin Boulevard Dublin, CA 94568 Re: Project Number 2010 -9137, Mary Avenue Dog Park Soil Remediation Your bid bond and a fully executed contract for the above stated project are enclosed. If you have any questions or need additional information, please contact the Public Works Department at (408) 777 -3354. Sincerely, Dorothy Ste ott Senior Office Assistant Enclosure cc: Public Works ' /, 9 4--f, V .441-. THIS CONTRACT, dated this' day of 20 _U , by and between Pacific States Environmental contractor, Inc. whose place of business is located at 11555 Dublin Blvd., Dublin, CA 94568 ( "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. DOCUMENT 00520 CONTRACT Project No. 2010 -9137 WHEREAS, City, on the 15th day of August, 2013 awarded to Contractor the following Project: PROJECT NUMBER 2010 -9137 MARY AVENUE DOG PARK - SOIL REMEDIATION 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 Katy Jensen, Capital Improvement Program Manager, to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 City has designated TRC Solutions, Inc., at the Environmental Engineers City may change the identity of the Environmental Engineer at any time with notice and without liability to Contractor. 2.3 City has designated TRC Solutions, Inc., to act as Construction Managers. City may change the identity of the Construction Manager 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. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) within 16 Calendar Days from the date when Contract Time commences to run. City of Cupertino 00520- 1 Contract Mary Ave. Dog Park — Soil Remediation Project No. 2010 -9137 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 $2,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.2 $3,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND HOURS. 3.2.3 Three Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third- parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached. The City has accepted the Alternate Bid item and is awarding the contract for the Base Bid minus the Alternate Bid amount for a total contract amount of FIFTY THOUSAND TWO HUNDRED DOLLARS ($ 50,200.00). 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 o'..'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 City of Cupertino 00520-2 Contract Mary Ave. Dog Park — Soil Remediation Project No. 2010 -9137 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 00481 Non - Collusion Affidavit Document 00482 Bidder Certifications 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/Special Provisions Addenda City of Cupertino 00520-3 Contract Mary Ave. Dog Park — Soil Remediation Project No. 2010 -9137 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 ar.d 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 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 Contractor 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 City of Cupertino 00520 - 4 Contract Mary Ave. Dog Park — Soil Remediation Project No. 2010 -9137 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. City of Cupertino 00520 - 5 Contract Mary Ave. Dog Park — Soil Remediation ,P eo-:�q -(��-)-o 5z- Project No. 2010 -9137 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. MARY AVENUE DOG PARK - SOIL REMEDIATION CITY: CONTRACTOR: CITY OF CUPERTINO, a Municipal Corporation of the Pacific States Environr ontractors, Inc. State of California By: Attest: [Signature] City Clerk: Grace Schmidt Approved as to form by City Attorney: ��ity Attorney: C I hereby certify, under penalty of perjury, that Timm Borden, Director of Public Works of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino. Dated: 1014&-,, /?� Robert E. McCarrick [Please print name here] Title: --President [If Corporation: Chairman , President, or Vice President] By:, [Signature] _ Ernest D. Lampkin _ [Please print name here] Title: _ CFO /Secretary [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] 723241 A HAZ C21 ASB State Contractor's License No. Classification 5/31/2014 TimiiBor4en, rector of Public Works of the City of Expiration Date Cupertino, a Municipal Corporation of the State of California Designated Representative: Name: Timm Borden Title: Director of Public Works Address: 10300 Torre Ave., Cupertino, CA 95014 Phone: 408-777-3354 Facsimile: 408-777-3333 AMOUNT: $ 50,200.00 ACCOUNT NUMBER: 580- 9137 -9300 FILE NO.: 92,074 City of Cupertino Mary Ave. Dog Park — Soil Remediation Taxpayer ID No._ 94- 3245072 Name: Keith Donahue Title: Senior Estimator Address: 11555 Dublin Blvd., Dublin, CA 94568---------- - Phone: 925-803-4333 -------------------------------------- - - - - -- Facsimile: 925- 803 - 4334--------------------------------- - - - - -- NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT 00520-6 Contract ACKNOWLEDGMENT State of California ss. County of Alameda On August 20. 2013 , before me, Gina P. Cabalsi, Notary Public, personally appeared Ernest D. Lampkin who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature on the instrument the person, 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. GIM P. CABAL81 COIIIIMg1M • �_ MIwM ene otary Public EXHIBIT A Project No. 2010 -9137 DOCUMENT 00400 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: Pacific States Environmental Contractors. Inc (Firm /Company Name) Re: PROJECT NUMBER 2010 -9137 MARY AVENUE DOG PARK — SOIL REMEDIATION 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 subiect to acceptance for 90 Days after the day of Bid openine. 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 X 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 Mary Ave. Dog Park — Soil Remediation 00400 - 1 EXHIBIT A Project No. 2010 -9137 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 furnished by a surety authorized to do a surety business in the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent (10 %) of the total of Base 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 Forni Mary Ave. Dog Park — Soil Remediation 00400-2 EXHIBIT A Project No. 2010 -9137 SCHEDULE OF BID PRICES All Bid items, including lump sums and unit prices, must be filled in completely. The Alternative Bid item is described in Document 00800 (Special Conditions). Quote in figures only, unless words are specifically requested. Please Note that time extensions will NOT be Permitted with the acceptance of any or all of the Alternative Bid Items listed below. TOTAL BASE BID PRICE: _ Ninety seven thousand two hundred dollars (words) SCHEDULE OF ALTERNATES ALTERNATES BID ALTERNATE 1: om nemeaiation including the removal of trees and soil, and the transport to and disposal of the waste material at a Class II California hazardous waste disposal facility, Including all fees, as specified in the bid LS 1 N/A <47,000> <47,000> documents— this is the cost deduction for disposal at a California Class II facility in lieu of a Class I facility TOTAL ALTERNATE <47,000> Unit Legend LS = Lump Sum AL = Allowance EA = Each SF = Square Feet LF = Linear Feet () = Deduct TON = Ton or 2,000 Pounds CY = Cubic Yards LB = Pounds City of Cupertino Mary Ave. Dog Park — Soil Remediation 00400 - 3 Bid Form DSCR fPTON UNlt QTY K UT ` w a 1 Soil Remediation including the removal of P,R CE; �t TOTAL r ` trees and soil, and the transport to and disposal of the waste material at a Class I California hazardous waste disposal facility, LS 1 N/A 97,200 Including all fees, as specified in the bid documents TOTAL BASE BID PRICE 97,200 TOTAL BASE BID PRICE: _ Ninety seven thousand two hundred dollars (words) SCHEDULE OF ALTERNATES ALTERNATES BID ALTERNATE 1: om nemeaiation including the removal of trees and soil, and the transport to and disposal of the waste material at a Class II California hazardous waste disposal facility, Including all fees, as specified in the bid LS 1 N/A <47,000> <47,000> documents— this is the cost deduction for disposal at a California Class II facility in lieu of a Class I facility TOTAL ALTERNATE <47,000> Unit Legend LS = Lump Sum AL = Allowance EA = Each SF = Square Feet LF = Linear Feet () = Deduct TON = Ton or 2,000 Pounds CY = Cubic Yards LB = Pounds City of Cupertino Mary Ave. Dog Park — Soil Remediation 00400 - 3 Bid Form EXHIBIT A Project No. 2010 -9137 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDIUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date 1 8 -8 -13 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: _ PaciFlc States Environmental Contractors, Inc. licensed in accordance with an act for the registration of Contractors, and with license number: Expiration Date: _ 5/31/2014 _ California Where incorporated, if applicable 723241 Robert E. McCarrick, President _ Ernest D. Lampkin CFO /Secretary Principals I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature of B' "—RU et�E. McCarrick, President NOTE: If Bidder is a corporation, set forth the legal name of the corporation, state where 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: 11555 Dublin Blvd, Dublin, CA 94568 Officers authorized to sign contracts: Telephone Number(s): Fax Number(s): E -Mail Address: _ Robert E._McCarrick President _ Ernest D. Lampkin CFO /Secret Typed Full Name: (925) 803 -4333 – (925) 803 -4334 _ kdonahue @pacificstates.net END OF DOCUMENT City of Cupertino Bid Form Mary Ave. Dog Park – Soil Remediation 00100-4 EXHIE3IT A Project No. 2010 -9137 DOCUMENT 00430 REQUIRED SUBCONTRACTORS LIST Bidder must provide the following Listed Subcontractor infarmation in conformance with the California Public Contract Code where the value of the Subcontractor's work is or exceeds %. of one percent (.05 %) of the Base Bid on Document 00400. Failure to do so will render Bid Non Responsive. Bidder is reminded that Listed Subcontractors cannot be substituted by the Apparent Low Bidder after Bid has been submitted and opened, without City's formal approval. Subcontractor Name Address & Phone No. License No. Trade =$Value $ Value $ $ one Attach additional sheets if necessary Attach additional sheets if nPrPCaaiv — VOLUNTARY SUBCONTRACTOR LIST Bidder is requested to voluntarily provide Subcontractor information listed below for subcontract work whose value is less than % of one percent of the Base Bid or ten thousand dollars ($10,000), whichever is,greater, on Document 00400. Failure to do so will have no impact on Bid. Bidder is requested not to substitute Subcontractors after Bid has been submitted and opened, without City's informal approval. Subcontractor Name Address & Phone No, License No. Trade =$Value $ None Attach additional sheets if nPrPCaaiv — END OF DOCUMENT City of Cupertino 00430- 1 Subcontractors List Mary Ave. Dog Park— Soil Remediation Bond No. 105933530 Premium: $377.00 DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND Project No. 2010 -9137 THIS CONSTRUCTION PERFORMANCE BOND ( "Bond") is dated August 19, 2013 , is in the penal sum of Fifty Thousand Two Hundred and 00 /100 Dollars ($50,200.00) [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 Construction Contract listed below. This Bond consists of this page acid the Bond Terms and Conditions, pparagraphs 1 through 12, attached to this page. Any singular reference to Pacific States Environmental Contractors, rnc. ( "Contractor "), Travelers Casualty and Surety Company of America ( "Surety "), the City of Cupertino, a Municipal Corporation of the State of California ( "City ") or other party shall be considered plural where applicable. CONTRACTOR: Pacific States Environmental Contractors, Inc. Name 11555 Dublin Boulevard Address Dublin, CA 94568 City /State/Zip SURETY: Travelers Casualty and Surety Company of America Name One Tower Square Principal Place of Business Hartford, CT 06183 City/State/Zip CONSTRUCTION CONTRACT: MARY AVENUE DOG PARK -- SOIL REMEDIATION PROJECT NUMBER 2010 -9137 at Cupertino, California. DATED August 15 Fifty Thousand Two Hundred and 00 /100 Dollars ^, 20 13 in the Amount of $ 50,200.00 (the "Penal Sum ") CONTRACTOR AS PRINCIPAL SURETY Cotng% (Corp., Sea]) pa y; (Corp. ) Pacm me tat nviron ) ntal Con actors, Inc. Travelers Casual d Surety Com any /America Signature: Signature: Name and Title: Ernest D . Lakin Name and Title: Susan Luyski, Attorney -In -Fact CFO/Secretary 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 preper performance of the Construction Contract, which is incorporated 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 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Band and the Construction Contract. City of Cupertino 00610 - 1 Construction Performance Bond Mary Ave. Dog Park Soil Remediation Project No. 2010 -9137 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 caic 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 Contract 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 6, below, exceed the Balance of the Contract Sum, then Surety shall pay to City the amount of such excess; or 4.4 Waive its right to perform and complete, 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 for future damages then unknown or unliquidated resulting from 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. 5. 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, rights to perform work, protect work, mitigate damages, advance critical work to mitigate 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 include, but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the 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; 63 Additional legal, design professional and delay costs resulting from Contractor Default 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). 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. City of Cupertino (10610 2 Construction Performance Bond Mary Ave. Dog Park Soil Remediation Pmject No. 2010 -9137 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 in 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. Communications 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 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. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming 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 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedial nor waived, to perform or otherwise to comply with the terms of the Construction 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 been 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 tb.- cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT City of Cupertino (10610 3 Construction Performance Bond Mary Ave. Dog Park — Soil Remedtatron ACKNOWLEDGMENT State of California ) ss. County of Alameda ) On August 20, 2013 , before me, Gina P. Cabalsi, Notary Public, personally appeared Ernest D. Lampkin _, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that lie executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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. --imp t �� 0 MO Votary Public MW 2L gulp IS INVALID Farmington POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 226322 Certificate No. 005402772 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Compz.ny, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws cf the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Thomas Bean, Rita Sagistano, Gerard S. Macholz, Susan Lupski, Robert T. Pearson, Camille Maitland, George O. Brewster, Colette R. Chisholm, Virginia M. Lovett, Vincent A. Walsh, Lee FeITUCCi, and Kristy Caporale of the City of I<?niondale , State of New York , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of March 2013 1. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 12th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GI.SUA< EIRE 6 \�N I Nf� 731�A y1 FHa ANt State of Connecticut City of Hartford ss. By: '444_4� Robert L. Raney, enior Vice President On this the 12th day of March 2013 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guarant) Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TlT In Witness Whereof, I hereunto set my hand and official seal. ' TM W wr Li • ��un�^�1 My Commission expires the 30th day of June, 2016. P �t/BL�� * Marie C. Tetreault, Notary Public CCU'$ 58440 -8 -12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER NG: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of AUG 19 2013 20 . 4-�, er JV Kevin E. Hughes, Assistant Sec tary G�I,pSUq� yF \RE6 ��N..�NSG pt•�NSVq Jp�ty ANOq Nb �nY ,y�Y� %c�� a � � 1951 � �;SEAI.jo"1 �tSBbLla° � CONN. o° \ ooxN. j�T3! � 1896 bey FHa � 2TVF NEE G� �df........�a'�f O.'•.... ..'� +s L !t ��+..•..• aw Ar✓''� !r ..... r yi '�a 'w1i AIN� To verify the authenticity of this Power of Attorney, call 1 -800- 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ACKNOWLEDGMENT OF SURETY COMPANY STATE OF ...... New York .• COUNTY OF .... Nassau ss On this . Ugust 19.2013 ............. before me personally came Susan Lu .. ski ... ................. to me known, who, being by . .. .... me duly sworn, did depose and say; that he /she . . ....resides in Nassau County ............................. ............................... State of ...Neu York..............., that he /she Is the Attome ,,,.,,,._,Travelers Casualty and Surety Company of America y- in -Fact Of the ""'••••••• •.• •••......•.••••..•••........... the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said Instrument is such corporate seal; that Is was so affixed by the Board of Directors of said corporation; and that he/she signed his/her name thereto by Itke order, and the affiant did further. depose and say that the Superintendent of Insurance of the State of New York has pursuant to Sectiol1tt 1111 of the Insurance Law of the State of New York, issued to ...... Company of America qualcation evidencing the qualification of said Company and ifs sufficiency under any law oif the S certiffoate of tate of New York as surety and guarantor, and the propriety of accepting and a proving-it as such; nd that such certificate has not been revoked. ......Notary Public .............. ........... NY lftm*dgement MELISSA SARACINO Notary Public, State of New York No. 01SA6155s95 Qualified in Nassau County Commission Expires November 20, 2014 r R ' . CRS 7y Ar S JRi!7Y PARTFCU CC%%E1nCJ7 05703 F NANCiA.. STA-FMEN7 CF ,-S F : F." IN THE ST,7 = �'F GAP 01 STCC ( S G 48002' N i r " " S � - S 9 2 6.. ;l i 'A:-4R%LU PRi Boos 3 VAIMNS looms OF n�� 4,NDACcRUFE; o",' 92.%3? R °_NSLRAN,;E '-N AID -OS .L :a XJ ENSi -14�,, C21 HER INVESTED ASSL'S 280"'30.69; S -DJUSTMEN I S nu wo WC ,';RE✓ILJM BAL- N-LS 2S 28 1 7�- NET DEFERRED ;AX ASSI T 63 2i4.3.8 " .XES, LiCENSES AND L S (, i 7�,.:.:Cw' �EINSURA%'.�E RL:COVLRABLE 12 41 C,524 HER EXPENSES ^c 588 SECKITS LENANG RIENUSUD CM LAVIN AMWS ; 51155 "JNDS' HEL�' UNDLK 445 RUENAP&S FROV PAREN7 SAUSINARTT A%7 4FELA7ES 1* Novo 'NPREN7 FEDERAL AND r- OPEIGN IN20Yi, ; Q FV E71. jwwRw-m X ww,-, 439.5p-,, :?EM.i7ANCES AND 7, EMS C. MS . CC .T[ r �1= Q- SU 093 -Q3U=SW7%U1 0 3N %I RF7RC40Tf','E PEINSLRAN,L RLS--RV[- ASS'-W.L-:• 3, i _ -, 754 P(D. C'HOL ERD '!DENE-S 5 mc 1-1, f OR RF;NSLJ-,-,%;,E tY4K� lZOANCE PPE MUM 06 "VABLE FOR SENIA S L i NCIN; CE304 S HE? : wmb7Y W.= 09 .)7�17P A'-(,RJF) FXIFNSFSANC -.A.F 7 El, 11 c 2C16 11 _C70 "Ami rzs 2 wo *C4`1.94 * iw 7� Von 148- 0:L 142 iN SLRKWS 44 9_.. -E .7. E R SJRMjS ' SL. n -AE3'_ - Es & TXW W�,Z N'v . - - -� ... -Y OF —C , AE— LC0L:Y, SLING D&I SWORN SACS SECOND V&E PRES12ENT QN:7,AT ;2 -HE6ES7a HIS&NnWLLDSLANDUI�U 7HF Fl:.-FZ;'�:NO 7- 7C- Z E ;� 1,,4r 1, T _ RF � 274 sky U MARCH 201� Bond No. 105933530 Premium included in premium for Performance Bond DOCU M ENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND Project No. 2010 -9137 THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ( "Bond'I is dated August 19, 2013, is in the penal sum Fifty Thousand Two Hundred and 00 /100 Dollars ($50,200.00) [one hundred percent of the Contract Price), and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to Pacific States Environmental Contractors, Inc. ("Contractor"), Travelers Casualty and Surety Company of America ( "Surety'l, the City of Cupertino, a Municipal Corporation of the State of California ( "City") or other party shall be considered plural where applicable. CONTRACTOR: Pacific States Environmental Contractors, Inc. Name 11555 Dublin Boulevard Address Dublin, CA 94568 City /State/Zip CONSTRUCTION CONTRACT: SURETY: Travelers Casualty and Surety Company of America Name -One Tower Square Principal Place of Business Hartford, CT 06183 City/State/Zip MARY AVENUE DOG PARK - SOIL REMEDIATION PROJECT NUMBER 2010 -9137 at Cupertino, California. Fifty Thousand Two Hundred and 00 /100 Dollars DATED August 15 , 2013 in the Amount of $ 50,200.00 (the "Penal Sum ") CONTRACTOR AS PRINCIPAL SURETY Corn any: (Corp. Seal Company: (Cote. 1) Pacifpc States nvironmental C�o ctors, I Travelers Casual nd Surety Co p of Ameri Signature: Signature: Name and Title: Ernest D. Lampkin Name and Title: Susan Lupski, Attorney- n-Fact CFO /Secretary 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 1'or 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 emd void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and 2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City 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. 3. 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 Insurance Code with respect to Work or labor performed under the Contract, or for City of Cupertino 00620-1 Construction Labor and Material Payment Bond Mary Ave. Dog Park Soil Remediation Project No. 2010 -9137 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 same, 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 Mechanic'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 Construction 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 Claimants under this Bond. 8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or 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 Wormed thereunder, or materials or equipment to be fumished thereunder or the Specifications accompanying the same, shall in any way 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 §3249, 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. 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 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. H. This Bond has been furnished to comply with the California Mechanic's Lien Law including, but not limited to, Civil Code § §3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that (his Bond shall be construed as a statutory bond and not as a common law bond. 12. Upon request by any person or entity appearing; to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 13. Contractor shall pay to persons performing 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 (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the 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. City of Cupertino 00620-2 Construction Labor and Material Payment Bond Mary Ave. Dog Park Soil Remediation M. Project No. 2010 -9137 Definitions. 14.1 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 or rental equipment used in the Construction 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 Department as referred to in Civil Code §3248(b). 14.2 Construction Contract: 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 failure 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 termination of the Construction Contract. END OF DOCUMENT City of Cupertino 006:20 3 Construction tabor and Material Payment Bond Mary Ave. Dog Park Sod Remediation ACKNOWLEDGMENT State of California ) ss. County of Alameda ) On August 20, 2013 me, Gina P. Cabalsi, Notary Public, personally appeared Ernest D. Lampkin _, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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. a :MN 0 otary Public OF TRAVELERS J� POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 226322 Certificate No. 005402775 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Thomas Bean, Rita Sagistano, Gerard S. Macholz, Susan Lupski, Robert T. Pearson, Camille Maitland, George O. Brewster, Colette R. Chisholm, Virginia M. Lovett, Vincent A. Walsh, Lee Ferrucci, and Kristy Caporale of the City of I-Iniondale , State of New Yarlr , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of March 2013 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 12th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company � GRSnmUe,/�� L Jr FIRE 6 � C,E�N'�RS�o pj 1N54gq JPIFY 4N01v FpOEW[ry r� � O��'Yr ~ `O 4r � �P �•RPOR 7y 4J •' .'L �5. P9 G � F. g �, , �t111OItATrO m �t�o A)��:1� WrC�0.PONAT ' T{ n 9� C _._ c E n 1 : NpNTFORD, < �tViRtF6pD, ri < o 1951 SEAL .% r CONK n ppty6 p N 1896 �6?.'..........:'ad \s State of Connecticut City of Hartford ss. By: '44a� — Robert L. Raney, 9enior Vice President On this the 12th day of March 2013 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0.7 � In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. '0l/QL�a * Marie C. Tetreault, Notary Public �s 58440 -8 -12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY I'S INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of A116 19 2013 20 � (<� /424t7�7= Kevin E. Hughes, Assistant Sec tary p�54A V F\RE 6 `�N I RSG '..+ 1NSVq P�tY ANO y�(Y Or fir` W^" ' 4� �O: �..r .,• 9 /}Jp......-...,y u� eJ aG �� e� C�Ir C�y- A RPOR I "' n' VP 9 CORPORA lE;p� �i 9.s zs� 0 1977 Mcnrawttm �! f : Si A - wwrFaro, wtm�tona < c� y 1951 �o' �.SEALlo �.8AL; %a °" !t .......: *�+ To verify the authenticity of this Power of Attorney, call 1 -800- 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACKNOWLEDGMENT OF SURETY COMPANY STATE OF ...... New York .•• COUNTY OF .... Nassau ss On this. August 19, 2013 Susan Lupski . . ...., before me personally came ................... to me known, who, being by me duly sworn, aid depose and say; that he /she resides in . Nassau County State Of ... ............................ ............................... Neu York..............., that he /she is the Attorney-In-Fact Travelers Casualty and Surety Company of America of the • ................................. ............................... .. e corporation described in which executed xecuted the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said Instrument Is such corporate seal; that Is was so affixed by the Board of Directors of said corporation; and that he/she signed hlslher name thereto by like order, and the affiant did further. depose and say that the Superintendent of Insurance of the State of New York has pursuant to Sectiojt 1111 of the Insurance Law of the State of New Yolk, issued to ...... rveJprg,t; ps6 a� and Suret Com any o America y) his /her certificate of 1 ............. Y....... P.... ............................... (Surety) qualification evidencing the qualification of said Company and Its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving-it as such; a d that such certificate has not been revoked. .................... /....!. . ......... ............................. .. Notary Public NY afmowkdstment MELISSA SARACINO Notary Public, State of New York No. 01SA6155895 Qualified in Nassau County Commission Expires November 20, 2014 r A ','f . :.RS RS i,AS!�AI Ty ANrl S, F-ARTF,,-;RD, ('C%,, E 7 16183 1 Nt,N�:iA. ST.-F.MENT ,� CUF CE':EMBFR Ll. S : : EC IN TI-.F S-,, CF NEA' cook SOWS "K002 �-A7L ll,�,NlNi !i.AR7 JRD 'LING ILIL I SWORN 6 1 i b -"A- M:S SEMM YCE PRE. CENT nl 740REKE .. AsjL. S,)P[ AN':: --.4 -lili B-S-C NS sNISO'LLISL AND Hi nLF THF FGRF,-„J!NC S. -;R',-EAN-i -,,)RPF07 57,A7EM=-',T,iF ---E- F NA%C ,. .Cll: ' ;', �;; St. :) 1 ECCND VOL PRE SarNT SLASCTBET AND SO ORN -C SYME ME TH:,�. 7 71 7AY CF MARCH ps sl NAN !N',l I DI R N,,EST*VZ-� JTiN'-',',',?'-:)�:� kNDACCRLFE -.i 5-.798.732 -R_:NSURANC;E Pl,°ABLE- ?J i NSi .2 i THER 1,%IESTi:D ASSL7S 280 _C597 -J� 6 -DJUSTMEN T L),,Pi,NSi S nu K? B—Ar.:,Ls ?84,942.:x^.8 „X11MVs5ONS NET DEFERk-- 0 i AX ASSE 7 63 274,378 TAXES. LiCENSES. ANC E 1 LS F,5 76 Pr,4 ",-COVLLRABLE '2.4'„ r,: 4 -HER EXPENSES 5;7- 0FCjRTE6LENnNGRLNVLSTL3CJLIVTrRx wsm 511,55 -JN7�!�,HFLC UNDLK RLl'.,'-jRANCE- QI "9 Q. %CFQA4QFP0VPAREN7 QMTMARTTAN7AF%j7EG XPREW FUERM AM F MUM INCWE M* S 50 omf7i AND'-EMS N' -,,..:CC ;TEP 27 n, _ FR ETS act M3 woumswnwus 7"M 80:: F7RCAC,71',z- R&NSLRAN LRLSLRdr ASS'-!ML:: AM! 44 DC;. C-101-t:ER D .'!DEN:,S s "K 72, OR RFINSUP4N'�F- bl"At L" AtJCE PR M:UM 06895 'VASIL E FOR SEMY'l S L i NITIM -. "s :5E 7 DF7 REINSJRANCE NET PAYAll .00304 -KHE6T. 1ABILt-Y ob 09 17TR ACCRUM FXMNSES AND _AE'-'ES 'CTQ HAMU-M s 2 519 y4 - IN SLWWS 433:03 4' ZRS-ImPLiS .X - Es & S"D K"i c 4 3- On -2 �-A7L ll,�,NlNi !i.AR7 JRD 'LING ILIL I SWORN 6 1 i b -"A- M:S SEMM YCE PRE. CENT nl 740REKE .. AsjL. S,)P[ AN':: --.4 -lili B-S-C NS sNISO'LLISL AND Hi nLF THF FGRF,-„J!NC S. -;R',-EAN-i -,,)RPF07 57,A7EM=-',T,iF ---E- F NA%C ,. .Cll: ' ;', �;; St. :) 1 ECCND VOL PRE SarNT SLASCTBET AND SO ORN -C SYME ME TH:,�. 7 71 7AY CF MARCH ps sl NAN !N',l I DI R CITY OF Project No. 2010 -9137 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 tic 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 TRC Solutions, Inc. and the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating 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 Guid.- Rating of A, Class VII or better or that is otherwise acceptable to the City. City of Cupertino 00530-2 Insurance Forms Mary Ave. Dog Park — Soil Remediation LIMITS Project No. 2010 -9137 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. Pollution Liability Pacific States Environmental Contractors Inc_-__ (Contractor's Name) $1.0 million per claim or occurrence and $2.0 million aggregate per policy period — must not contain lead exclusion By:_ , Robert E. rrick, President Dated:_ August 20, 2013 City of Cupertino 00530-3 Insurance Forms Mary Ave. Dog Park — Soil Remediation A� " CERTIFICATE OF LIABILITY INSURANCE DATE20 /2IY3 08/20/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the ipolicy(ies) must be endorsed. 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). PRODUCER 1- 000 - 000 -0000 Marsh Risk and Insurance Services CONTACT NAME: HONN X : 415- 743 -8000 F� No: � 345 California Street Suite 1300 E -MAIL ADDRESS: V V. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN San Francisco, CA 94104 INSURERS AFFORDING COVERAGE NAIC# _ INSURERA: NATIONAL UNION FIRE INS CO OF PITTS 19445 AU b 22 INSURED Pacific States Environmental Contractors, Inc. INSURER B: INDIAN HARBOR INS CO 36940 INSURER C ZURICH AMER INS CO 16535 INSURER D: DAMAGE TO RENTED PREMISES Ea occurrence 11555 Dublin Boulevard INSURER E: $ 5,000 Dublin, CA 94568 INSURER F: COVERAGES CERTIFICATE NUMRER! 35250679 RFVISIr]N NIIMRFR- THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY /DDIYYYY MMIDDYY LIMITS A GENERAL LIABILITY V V. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN _ GL 4522557 04/01/1 04/01/14 EACH OCCURRENCE $ 2,000,000 AU b 22 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F-i-I OCCUR AUTHORIZED REPRESENTATIVE Cupertino, CA 95014 DESILV82ATES DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 4,000,000 POLICY F_' PRO- X LOC JECT $ A AUTOMOBILE LIABILITY CA 3275139 1 /13 04/01/14 COMBINED SINGLE LIMIT Ea accident 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X NON -OWNED HIRED AUTOS X AUTOS PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ p WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE WC 048250331 04/01/1 04/01/14 X WC LIMIT FR E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDE ❑ D? NIA E.L. DISEASE - EA EMPLOYE $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 B Contractors' Poll Liab. _ CE07420065 04/01/1 04/01/14 Limit: 2,000,000 C Property CPP 9002938 -05 04/01/1 04/01/14 Limit: 50,200 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Project No. 2010 -9137; Mary Ave. Dog Park & Soil Remediation. TRC Solutions, Inc. and the City of Cupertino, its engineer, and each of its directors, officers, agents and employees, as determined by the City are included as Additional Insured as respects the General Liability and Auto Liability Policies, where required by written contract. This insurance: is primary and non - contributory over any existing insuranc and limited to liability arising out of the operations of the named insured and where required by written contract. Waiver of subrogation is applicable where required by written contract. %,cm i Ir11.,A I C MULUMM t..AIYI.G LLA IiVIY 1- 505622413 ►u 1.0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino V V. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Ave. AU b 22 2013 AUTHORIZED REPRESENTATIVE Cupertino, CA 95014 DESILV82ATES e--**��" ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD TAtkinsURS 35250679 CITY OF Project No. 2010 -9137 COMPREHENSIVE GENERAL LIABILITY 0 COMMERCIAL GENERAL LIABILITY POLLUTION LIABILTIY CUPERTINO ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROJECT Project Title and Number: Mary Ave. Dog Park — Soil Remediation, 42010 -9137 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 and Pollution Liaility Coverage part of the below- referenced policy of insurance. The general aggregate limit under LIMITS OF' INSURANCE applies separately to the projectl described as Mary Avenue Dog Park — Soil Remediation POLICY INFORMATION Insurance Company: National Union Fire Insurance Co. of Pittsburgh p -- 2. Insurance Policy Number: GL 4522557 3. Effective Date of this Endorsement: 4/1 14. Insured: Pacific States Environmental Contractors, Inc. 15. Additional Insured: City of Cupertino, its directors, officers, agents and employees. 2013 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, Chuck Marmolejo _ (print /type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the istrict) Names of Marsh Risk & Ins. Svcs. Agent /Agency: -- Address: 345 California Street, Suite 1300 San Francisco. CA 94104 Sr. Vice President Title: Telephone: Facsimile: 415 743 -8324 415 743 -8080 Cit) of Cupertino 00530-8 Insurance Forms Mary Ave. Dog Park — Soil Remediation CITY OF Project No. 2010-9137 COMPREHENSIVE GENERAL LIABILITY [a COMMERCIAL GENERAL LIABILITY POLLUTION LIABILTIY CUPERTINO ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE 13ER PROJECT Project Title and Number: Mary Ave. Dog Park — Soil Remediation, #2020 -9137 In consideration of the policy premium and notv� ithstanding 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 and Pollution Liaility Coverage part of the below- referenced policy of insurance. The general aggregate limit under LIMITS OF' INSURANCE applies separately to the project described as Mary Avenue Dog Park_ Soil Remediation POLICY INFORMATION 1. Insurance Company: Indian Harbor Insurance Company 2. Insurance Policy Number: CE07420065 3. Effective Date of this Endorsement: 4/1 20 13 4. Insured: Pacific States Environmental Contractors, Inc. 5. Additional Insured: City of Cupertino, its directors. officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I Chuck Marmole j o (print /type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the Dist r ct) Names of Agent /Agency: March gic;k & TnG 4v 4 Title: Sr. Vice President Address: 345 California Street Suite 1300 Telephone: 415 743 -8324 San Francisco, CA 94104 Facsimile: KR5 743 -8080 City of Cupertino 00530-8 Insurance Forms Man Ave. Dog Park -- Soil Remediation CITY OF Project No. 2010 -9137 U ADDITIONAL INSURED ENDORSEMENT and CUPERTINO ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: Mary Avenue Dog Park -Soil Remediation, #2010 -9137 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: 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 only 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 insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (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 Insurance Company: National Union Fire Insurance co. of Pittsburgh Insurance Policy Number: GL 4522557 Effective Date of this Endorsement: 4/1 4. Insured: Pacific States Environmental Contractors, Inc. 2013 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, Chuck Marmole j o (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 00530-6 Insurance Forms Mary Ave. Dog Park — Soil Remediation / Project No. ?010 -9137 Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Marsh Risk & Ins. Svcs. Sr. Vice President Title: Address: 345 California Street, Suite 1300 Telephone: 415 743-8324 San Francisco, CA 94104 City of Cupertino 00530-7 Mary Ave. Dog Park - Soil Remediation Facsimile: 415 743 -8080 Insurance Forms CITY OF Project No. 2010 -9137 ICI ADDITIONAL INSURED ENDORSEMENT uand CUPERTINO ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number:Mary Avenue Dog _Park - Soil Remediation, #2010 -9137 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: 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 only 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 insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (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: National Union Fire Insurance Co. of Pitts Insurance Policy Number: CA 3275139 3. Effective Date of this Endorsement: 4/1 1. Insured: Pacific States Environmental Contractors, Inc. 20 13 All notices herein provided to be given by the Insurance Company to the City in connection �vith this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre, %venue; Cupertino, California 95014. 1, Chuck Marmolejo (print/type name) varrant that I have authority to bind the below listed Insurance Company and by my signature iereon do so bind this Company. City of Cupertino 00530-6 Insurance Forms Mary Ave. Dog Park — Soil Remediation Signature of Authorized Representative: Pro'e 10 -9137 G'� (Original signature required on all Endorsements furnished to the Distri 0 Names of Title: Agent/Agency: Marsh Risk & Ins. Svcs. Sr. Vice President Address: 345 California Street, Suite 1300 Telephone: 415 743 -8324 San Francisco, CA 94104 Facsimile: 415 743 -8080 City of Cupertino 00530-7 Insurance Forms Mary Ave. Dog Park — Soil Remediation CITY OF Project No. 2010 -9137 Ifl WAIVER OF SUBROGATION ENDORSEMENT L�I GUPERTINO WORKER'S COMPENSATION INSURANCE Project Title and Number: Mary Avenue Dog Park — Soil Remediation, 42010 -9137 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: National Union Fire Insurance Co. of Pittsbur 2. Insurance Policy Number: WC 048250331 13. Effective Date of this Endorsement: 4/1 2013 4. Insured: Pacific States Environmental Contractors, Inc. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, cb1irk Marmot ejo _ (print /type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agent /Agency: Marsh Risk & Ins. Svcs. Title:Sr. Vice President Address: 345 California Street, Suite 1300 San Francisco, CA 94104 Telephone: 415 743 -8324 Facsimile: 415 743 -8080 END OF DOCUMENT City of Cupertino 00530-9 Insurance Forms Mary Ave. Dog Park — Soil Remediation Project No. 2010 -9137 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ( "City "), for construction of MARY AVENUE DOG PARK - SOIL REMEDIATION PROJECT NUMBER 2010 -9137 CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work 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. Pacific States Environmental Contractors, Inc. Contractor's Name 11555 Dublin Blvd. Address Dublin, CA 94568 City/State /Zip City of Cupertino Mary Ave. Dog Park — Soil Remediation 8/16/13 Date END OF DOCUMENT 00630 - 1 Guaranty