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14-157 VSS International, 2014Pavement Maintenance-Phase 3 Project No. 2014-05
DOCUMENT: 22854896 Pages: 3 • IRECORDING REQUESTED BY Fees. . + No FeesTaxes. . . Copies. . City of Cupertino AMT PAID REGINA ALCOMENDRAS RDE # 091 WHEN RECORDED MAIL TO SANTA CLARA COUNTY RECORDER 2/13/2015 Recorded at the request of 11 05 AM City Clerk's Office City City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27283 CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION 2014 PAVEMENT MAINTENANCE PROJECT—PHASE 3 CITY PROJECT NUMBER 2014-05 Original 13 For Fast Endorsement "NO FEE" City of Cupertino CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Certificate of Completion and Notice of Acceptance of Completion dated February 12, 2015, for 2014 PAVEMENT MAINTENANCE PROJECT—PHASE 3 CITY PROJECT NUMBER 2014-05 and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on February 3, 2015 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: February 12, 2015 Kirsten Squarcia Deputy City Clerk City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 C U P E RT I N O PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION 2014 PAVEMENT MAINTENANCE PROJECT—PHASE 3 CITY PROJECT NUMBER 2014-05 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 rubberized asphalt chip seal, conventional chip seal, and slurry seal performed at various locations in Cupertino, California, in hereinafter described in the contract which was entered into, by, and between the City of Cupertino and VSS International, Inc., September 4th, 2014, 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 February 3, 2015. 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. z� Timm Korden Director of Public Works and City Engineer of the City of Cupertino Date: February 12, 2015 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 TELEPHONE:(408)777-3223 FAX: (408)777-3366 WEBSITE:www.cupertino.org CUPERTIN O February 26, 2015 VSS International, Inc PO Box 981330 West Sacramento, CA 95798 Re: Release of any and all claims for 2014 Pavement Maintenance. Enclosed for your records is a fully executed original copy of the agreement and release of any and all claims with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works Project No.2014-05 DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and entered into this [ c" '14-1 day ofRnu� , , 2015, by and between the City of Cupertino ("City"), and VSS International.Inc.("Contractor"),whose place of business is at PO Box 981330 West Sacramento,CA 95798. RECITALS A. City and Contractor entered into Contract Number 58467(the"Contract"). B. The Work under the Contract has been completed. Now,therefore,it is mutually agreed between City and Contractor as follows: AGREEMENT 1. Contractor will not be assessed liquidated damages except as detailed below: Original Contract Sum $548,341.00 • Modified Contract Sum $643,460.93 Payment to Date $611,382.89 Liquidated Damages $0.00 Payment Due Contractor $32,178.04 2. Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of Thirty-Two Thousand, One Hundred Seventy-Eight Dollars and Four Cents ($32,178.04) under the Contract,less any amounts withheld under the Contract or.represented by any Notice to Withhold Funds on file with City as of the date of such payment. 3. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against City arising from the Contract,except for the claims described in paragraph 4 of this Document 00650. It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against City, and all if its agents, employees, consultants (including without limitation Consulting Cupertino), inspectors, representatives, assignees and transferees except for the Disputed Claims set forth in paragraph 4 of this Document 00650. Nothing in this Agreement and Release shall limit or modify Contractor's continuing obligations described in paragraph 6 of this Document 00650. City of Cupertino Agreement and Release of Any and All Claims 2014 Pavement Maintenance Project—Phase 3 00650- 1 Project No.2014-05 4. The following claims are disputed (hereinafter, the "Disputed Claims") and are specifically excluded from the operation of this Agreement and Release: Claim No. Date Submitted Description of Claim Amount of Claim N Ik 5. Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that, in consideration of the payment set forth in paragraph 2 of this Document 00650, Contractor hereby releases and forever discharges City,and all of its agents,employees,consultants,inspectors,assignees and transferees from any and all liability,claims,demands,actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract 6. Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Documents. 7. Contractor shall immediately defend, indemnify and hold harmless the City of Cupertino, Santa Clara County, its Architect, any of their Representatives, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all labor,materials,supplies and equipment used,or contemplated to be used in the performance of the Contract,except for the Disputed Claims set forth in paragraph 4 of this Document 00650. 8. Contractor hereby waives the provisions of California Civil Code Section 1542,which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release,which if known by him,must have materially affected his settlement with the debtor. 9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable. 10. Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release,and that it has full right,title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release. 11. All rights of City shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release. City of Cupertino Agreement and Release of Any and All Claims 2014 Pavement Maintenance Project—Phase 3 00650-2 Project No.2014-05 * * *CAUTION: THIS IS A RELEASE-READ BEFORE EXECUTING THE CITY OF CUPERTINO, a Municipal Corporation of the State of California By: Its: ATTEST: [City Clerk[ [CONTRACTOR] By: Name: Its: By: Name: Its: VIEWED AS TO FORM: /[City Attorney] U ,20 END OF DOCUMENT City of Cupertino Agreement and Release of Any and All Claims 2014 Pavement Maintenance Project—Phase 3 00650-3 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE: -CUPERTINO, CA 95014-3255 TELEPHONE:(408)777-3223- FAX: (408)777-3366 C V P E RT I N® WEBSITE:www.cuper�Lino.org V S S International PO Box 981330 West Sacramento, CA 95798 Re: Bid Award, Project Number 2014-05 2014 Pavement Maintenance Phase 3. Your bid bond and contract for the above stated project is enclosed. If you have any questions or need additional information, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea Sanders City Clerk's Office cc: Public Works Enclosure OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 TELEPHONE:(408)777-3223• FAX: (408)777-3366 C U P E RT I N O W EBSITE:www.cuperiiiio.org September 24, 2014 Telfer Highway Technologies 4522 Parker Ave. Building 700 Suite 350 McClellan, CA 95652 Re: Bid Award, Project Number 2014-05 2014 Pavement Maintenance Phase 3. Thank you,for your participation in the City of Cu.pertino's bid process for the above-stated project. The contract was awarded to VSS International. Your bid bond and statement of qualifications envelope are enclosed. If you have any questions or need additional information, please contact the Public Works Department at(408) 777-3354. Sincerely, �4 1 G Andrea Sanders City Clerk's Office cc: Public Works Enclosure CITY OF . Project No..2014=05 Its C°UPERTINO NOTICE C►h W AARD September 4,2014 VSS International PO Box 981330 West Sacramento,CA 95798 CONTRACT FOR: 2014 Pavement Motintenanee- Phase 3 The Contract Sum of your contract is One Million,Twenty-Seven Thousand,One hundred Thirty-Five Dollars;and Zero Cents($1,027,135.00)awarded September-4,2014 by the City Council of the City of Cupertino. 1. You must comply'with the following conditions precedent by 5:00 p.m,of the 10,' Calendar Day following the date of this Notice of Award,that is,by September 15,2614.Required documents are attached for your use. a. Deliver to City three fully executed counterparts of Document 00520 (Contract). Each of the Contract Documents must bear your signature on the cover page. b. Deliver to City two original Document 00610 (Construction Performance Bond),executed by you and your surety. c: Deliver to City two -original Document 00620 (Construction Labor and Material Payment Bond), executed by you and your surety. d. Deliver to Cit y two original sets of the insurance.certificates from Document 00530 (Insurance Forms) with endorsements required under Document 00700(General Conditions). e. Deliver to City t\vo original copies of Document 00630(Guaranty),each executed by you.. f. Deliver to the City one original copy of l06cwhent 00670 (Reliable Contractor Declaration Form), executed by you. g: Deliver to City one original copy of the W-9,form completed. 2. Failure to comply*'With these conditions within the time specified MJ.1l entitle City to consider your Bid abandoned,to annuf this Notice of Award,and to declare your Bid security forfeited. 3. Within 21 Days after you comply with the conditions in paragraph 2 of this Document 00510, City will return to you one fully signed counterpart of Document 00520(Contract)with the Contract Documents. 4. -Upon commencement of the Work,you and each of your Subcontractors shall certify and make available for inspection payroll records on forms provide�j by the. Division of Labor Standards Enforcement, in accordance with Section 1776 of the California Tabor Coe. THE CITY OF CUPERTINO,a Mutucipal Corporation oi"the State of California("City'') David Brandt City Manager City of Cupertino Notice:of.Ai% rd 2014 Pavement Maintenance=Phase:3 Project No.2014-05 3 Project No.2014-05 DOCUMENT 00520 CONTRACT :V THIS CONTRACT,dated this A day of 2014,by and between VSS International,Inc. whose place of business is located at 3785 Channel-Dr., West Sacramento, CA 95691 ("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. Q _.t/,�7V -.>� WHEREAS,City,on the _Y day of 9 _ ,2014 awarded to Contractor the following Project: PROJECT[' NUMBER 2014-05 2014 PAVEMENT MAINTENANCE PROJECT-PHASE 3 NOW,THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article l.. 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 thy,-Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Roger Lee, Assistant Director, Public Works, 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 indern uties. 2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue,Cupertino,California 95011 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 Provisions)within 45 working days as provided in Document 00700(General Provisions) 3.2 Liquidated Damages. City and Contractor recognize that time is of the€:ssence 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 City of Cupertino (10520- 1 Contract 2014 Pavement Maintenance Project—Phase 3 i 1 Project No.2014-05 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 Provisions),"Contractor and City agree that because of the nature of the Project,it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly,City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Substantial Completion as specified above. 3.2.2 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.3 $150.00 per day for failure to replace traffic striping as required by Document 01010,Section 6. 3.2.4 $500.00 per day for failure to place temporary pavement markings as required by Document 01010, Section 6. 3.2.5 $5,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND HOURS. 3.2.6 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. 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 Article 5. Contractor's Representations In order to induce City to enter into this Contract,Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means,methods,techniques,sequences or procedures of construction to be employed by Contractor and sa?ifety 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, .or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700(General Provisions)of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor City of Cupertino 00520-2 Contract 2014 Pavement Maintenance Project—Phase 3 Project No.2014-05 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 o;r 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 Provisions); 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 tenns 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 00002 Signature Page Document 00003 Project Directory Document 00012 Caltrans/City Cross-Reaerence Table Document 00100 Advertisement For Bids Document 00200 Instructions to Bidders Document 00210 Indemnity and Release.Agreement Document 00400 Bid Form Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00520 Contract Document 00530 Insurance Forms 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 00670 Reliable Contractor Declaration Form Document 00700 General Conditions Document 00800 Special Conditions City of Cupertino 0,0520-3 Contract 2014 Pavement Maintenance Project—Phase 3 Project No.2014-05 Document 00820 Traffic Control Requirements Document 00821 Insurance Document 00822 Apprenticeship Program Document 00850 Technical Specifications Document 00860 General Requirements Attachment A Work Hour Restrictions Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than these listed in this Document 00520, Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Provisions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Docu;tn.ent 00700 (General Provisions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance am 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€nd on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSFJPWD/Northem.btmt 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 Contract or any of the Contract Documents,or any document required herein or therein to be executed or delivered,be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived,they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise incRu.ded 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 City of Cupertino 00520-4 Contract 2014 Pavement Maintenance Project—Phase 3 Project No.2014-05 to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law(excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700,Article 12,established under the California Government Code,Title 1,Division 3.6,Part 3,Chapter 5. City of Cupertino 00520-5 Contract 2014 Pavement Maintenance Project—Phase 3 Project No.2014-05 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. 2014 PAVEMENT MAINTENANCE PROJECT—Phase 3 CITY: CONTRACTOR: CITY OF CUPERTINO,a Municipal Corporation of the State of California By: �Y./o/o/ [S' nature ee-`t t- Attest: J— [Please print name here] City Clerk:Grace Schmidt er—".Z-z—I.y App ved as to form by City Attorney: Title: [If Corporation: Chairman,President,or Vice President] Ci orney: Carol Korade By: [Signature] I hereby certify,under penalty of perjury,that David Brandt, [Please print name here] City Manager,of the City of Cupertino was duly authorized J to execute this document. Title: [If Corporation: Secretary,Assistant Secretary, Chief Financial Officer,or Assistant Treasurer] Dated: 7 State Contractor's License No. Classification David Brandt,City Manager of the City of Cupertino,a Expiration Date Municipal Corporation of the State of California Designated Representative: Taxpayer ID No.___J —A;? 70 Name:Roger Lee Name: ]�S� � �n� 1) —1—LA C� Title:Assistant Director of Public Works- Title: Q Address: 10300 Torre Ave, Cupertino, CA 95014 Address ` 4� �c`��t�,��J&N Phone:408-777-3354 Phone: -/ 119 — �7,° �.( �' .Facsimile:408-777-3333 Facsimile:91 6 f %1-3 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A AMOUNT: $1,027,135.00 CORPORATION, CORPORATE SEAL AND CORPORATE ACCOUNT NUMBER:270-8404-9325 NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY FILE NO.: NO.IS REQUIRED END OF DOCUMENT City of Cupertino 00520-6 Contract 2014 Pavement Maintenance Project—Phase 3 Project No.2014-05 DOCUMENT 00630 GUAKANTY TO THE CITY OF CUPERTINO,a Municipal Corporation of the State of California("City"),for construction of 2014 PAVEMENT MAINTENANCE PROJECT—PHASE 3 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 iit 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 emergi>ncy 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. 046 Z,,-+e,, :{-Aodo��� Contractor's Name Address t4_,V Z' qA6 91 q -2o — c/- City/State/Zip Date END OF DOCUMENT City of Cupertino 00630-1 Guaranty 20-14 Pavement Maintenance Project—Phase 3 f Document 00670 STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY(CalRecycle) RELIABLE CONTRACTOR DECLARATION CalRecycle 168(Revised 7/13) This form must be completed and submitted to the Department of Resources Recycling and Recovery(CalRecycle)prior to authorizing a contractor(s)to commence work. Fail-Lire to provide this documentation in a timely manner may result in nonpayment of funds to the contractor(s). This form is intended to help the CalRecycle's Grantees comply with the Unreliable List requirement of their Terms and Conditions. The Unreliable List provision requires the following: Prior to authorizing a contractor(s)to commence work under the Grant,the Grantee shall submit to CalRecycle a declaration signed under penalty of perjury by the contractor(s)stating that within the preceding three(3)years,none of the events listed in Section 17050 of Title 14,California Code of Regulations,Natural Resources,Division 7,has occurred with respect to the contractor(s). Please see the reverse of this page,or refer to www.calre s.com If any of the events listed in Section 17050 have occurred,disclosure is required but will not necessarily result in CalRecycle refusing to approve the contractor. A signed statement explaining the facts and circumstances of the events must be attached to and submitted with this form. Contractor: Complete the form and send original to the Grantee. Grantee: Scan the form and upload it to the grant in CalRecycle's Grant Management System(GMS). For further instruction about logging into GMS and uploading this form, reference the Procedures and Requirements. Retain the original form in your grant file. .x °sr�. `"�J`+r�n�i��� °"-, R�sa ..., ,„,. aE:�� s a�:eta-.' .t,- �, -.tt5�°” x.�<: ..,. ,,•.. s^ 1 ..� �:far.�..<Yic.&✓s .rcc sk,9.:a �,'t.. ;���-::54�me�:ve _�ai �� .{'.' .wa s�' � .;w ��.�.m�w�. .%�i^$.€tr�a?+"�� x�,s�°�'r'�� � . GRANTEE NAME: GRANT NUMBER: CITY OF CUPERTINO TRP4-13-0006 PRIMARY CONTACT NAME: (. , ROGER LEE r �..�'e....°F�Yhh. y.,, ..s sj8�.�&, r.�, 9fA :�.''f'tr� ''�+t,.,.. :'�a°P. �,::a:2 }zq yxm... ..Re•.a,. a ;, g,a+�< xYiT ''.: ::. .<. .,�.y.. .y,..�.:m;... . �., ,...„ , "a..- / a. „ 'M....:,.:s8a�,�� o'.W �'-AS;res �` vx W<,•',��„'_i'�...,' .:".: �,�.as:�,�j�, 2 s..?'4 � s ��4re ... sx�'.� CONTRACTOR,:INFORMATION �} � �. g �� � �- _ CONTRACTOR NAME: VSS INTERNATIONAL, INC. AUTHORIZED CONTRACTOR REPRESENTATIVE NAME: MAILING ADDRESS: 785 CHANNEL DRIVE, WEST SACRAMENTO, CA 95691 As the authorized representative of the above identified contractor,I declare tinder penalty ofperjury under the laws of the State of California that within the preceding three(3)yea;�s, none of the events listed in Section 17050 of Title 14, California Code of Regulations,Natural Resources,Division 7, has occurred with respect to the above identified contractor. Alternatively, as the authorized representative of the above identified contractor,I declare under penalty of perjury under the laws of the State of California that within the preceding three(3)years, if any of the events fisted in Section 17050 of Title 14, California Code of Regulations,Natural Resources,:Division 7, has occurred with respect to the above identified contractor,I have disclosed all such occurrences in an attached signed statement that explains the facts and circumstances of the listed events. Signature :: Date STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY(CalRecycle) RELIABLE CONTRACTOR DECLARATION CalRecycle 168(Revised 7/13) Title 14 CCR,Division 7,Chapter 1 Article 5.Unreliable Contractors,Subcontractors,Borrowers and Grantees Section 17050.Grounds for Placement on Unreliable List The following are grounds for a finding that a contractor,any subcontractor that provides services for a CalRecycle agreement,grantee or borrower is unreliable and should be placed on the CalRecycle Unreliable Contractor,Subcontractor,Grantee or Borrower List ("Unreliable List").The presence of one of these grounds shall not automatically result in placement on the Unreliable List.A finding must be made by the Executive Director in accordance with section 17054,and there must be a final decision on any appeal that may be filed in accordance with section 17055 et seq. (a) Disallowance of any and/or all claim(s)to CalRecycle due to fraudulent claims or reporting;or (b) The filing of a civil action by the Attorney General for a violation of the False Claims Act,Government Code section 12650 et. seq;or (c) Default on a CalRecycle loan,as evidenced by written notice from CalRecycle staff provided to the borrower of the default;or (d) Foreclosure upon real property loan collateral or repossession of personal property loan collateral by CalRecycle;or (e) Filing voluntary or involuntary bankruptcy,where there is a finding based on substantial evidence,that the bankruptcy interfered with the CalRecycle contract,subcontract,grant or loan;or (f) Breach of the terms and conditions of a previous CalRecycle contract,any subcontract for a CalRecycle agreement,grant,or loan,resulting in termination of the CalRecycle contract,subcontract,grant or loan by the CalRecycle or prime contractor;or (g) Placement on the CalRecycle's chronic violator inventory Established pursuant to Public Resources Code section 44104 for any owner or operator of a solid waste facility;or (h) The person,or any partner,member,officer,director,responsible managing officer,or responsible managing employee of an entity has been convicted by a court of competent jurisdiction of any charge of fraud,bribery,collusion,conspiracy,or any act in violation of any state or federal antitrust law in connection with the bidding upon,award of,or performance under any CalRecycle contract,subcontract,grant or loan;or (i) The person or entity is on the list of unreliable persons or entities,or similar list,of any other federal or California state agency; or (j) The person or entity has violated an Order issued in accordance with section 18304;or, (k) The person or entity has directed or transported to,has or a,cepted waste tires at,a site where the operator is required to have but does not have a waste tire facility permit;or, (1) The person or entity has transported waste tires without a waste tire hauler registration;or, (m) The person or entity has had a solid waste facility or waste tire permit or a waste tire hauler registration denied,suspended or revoked;or, (n) The person or entity has abandoned a site or taken a similar action which resulted in corrective action or the expenditure of funds by CalRecycle to remediate,clean,or abate a nuisance at the site;or (o) The following are additional grounds for a finding that,a person or entity described below should be placed on the Unreliable List: (1) The person or entity owned 20%or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; (2) The person held the position of officer director,manager,partner,trustee,or any other management position with significant control(Principal Manager)in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; (3) The entity includes a Principal Manager who: 1. Was a Principal Manager in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List;or, 2. Owned.20%or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; (4) The entity has a person who owns 20%or more of the entity,if that person: 1. Was a Principal Manager in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List;or, 2. Owned 20%or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List. (5) The entity has another entity which owns 20%or more of the entity,if that other entity: 1. Is on the Unreliable List;or, 2. Owned 20%or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List. (6) Subsection(o)is not intended to apply to a persor,t or entity that purchases or otherwise obtains an entity on the Unreliable List subsequent to its placement on the Unreliable List. i �,..•••� BASIC-1 OP ID:JV CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ Y) ��`• - 09/09/1201201 4 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, EJCTEND 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 policy(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 Phone: 650-573-1111 NAME: Brian Connolly Andreini&Company-San Mateo Fax: 650-378-4361 PHONE 650-378-4251 a� No): 650-378-4361 License 0208825 A/c No Ext 220 West 20th Ave H-MAIL andre"ini.com San Mateo,CA 94403 ADDRESS:bconnoily@andreini.com Mike Brunn INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Ins Co PA 19445 INSURED VSS International, Inc. INSURER B:Starr Indemnity&Liability Co 38318 3785 Channel Drive INSURER C:Travelers Property Casualty 36161 West Sacramento,CA 95691 - INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVI_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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE IN R WVD POLICY NUMBER _ MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 • X COMMERCIAL GENERAL LIABILITY X GL 5388220 03/01/2014 03/01/2015 DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 10,000 X Ded$1,000,000 PERSONAL&ADV INJURY $ 2,000,000 X OCIP Excluded GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY X PRO LOC _ $ AUTOMOBILE LIABILITY Eaa accc dentSINGLE LIMIT $ 2,000,000 • X ANY AUTO X CA5101610 03/01/2014 03/01/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident X Ded$1 M X OCIP Excl _ MCS 90 $ Include UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B X EXCESS LIAB CLAIMS-MADE 1000020753 03/01/2014 03/01/2015 AGGREGATE $ 5,000,000 DED RETENTION$ _ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/❑ CALIFORNIA SELF INSURED E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA ID,NV,NM,TX,UT#049342394 03/01/2014 03/01/2015 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 A (Mandatory in NH) - If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below — E.L.DISEASE-POLICY LIMIT $ C Leased/Rent Equip QT6307444L337TIL14 03/01/2014 03/01/2015 Blkt Limi 750,000 A Incld WA Stop Gap 049342394 03/01/2014 03/01/2015 WC Covrg 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) VSSI Job #14-027. VSSI Job 14-066 2014 Pavement Maintenance Phase 3. City of Cupertino, its engineer, and each of its directors, officers, agents and employees, as determined by the City, are included as additional insureds for .General Liability per Endt #001 & #002 at:t.ached and Auto Liability -per Form CA20480299 attached. CERTIFICATE HOLDER CANCELLATION CUPCUP3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cupertino 10555 Mary Ave. - Cupertino, CA 955014 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. w*-non'Ir inAanine% 'rL... w*-non -.. ..__.a i..,.__ -.. :..a -..i�.._�.._c wnnnn f ENDORSEMENT#1001 This endorsement, effective 12:01 kM, 3/1/2014 forms a part of Policy No. GL5388220 issued to: VSS Internation,31, Inc. By _ NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ'iT CAREFULLY. ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS--SCHEDULED PERSON-OR ORGANIZATION This endorsement modifies insurance provided under the,following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of-Person or Organization: WHERE REQUIRED BY AN "INSURED CONTRACT" (if no entry appears above, Information required to complete this endorsement will be shown.In the Declarations as applicable to this endorsement.) A. Section ll --Wbo Is An Insured is amended to (1) All work, including materials, parts or Include as an Insured the person or organization equipment furnished in connection with shown in the Schedule, but only with aspect to such work, on the project (other than liabiiity arising out of your ongoing operations per- service, maintenance or repairs) to be formed For that insured. performed by or on behalf of the addl- B. With.respect to the insurance afforded to these tional Insured(s) at the site of the cov additional Insureds, the following exclusion Is ered operations has been completed, added: or 2. Exclusions (2) That portion of"your work"out of which This_insurance_does._not_apply.-_to"bodiiy_in--. the Injury or damage arises has been put-to-ts-Intended-use-by-any-person-or J u ry"ar"property Y lama a"occurring after: organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. t I 1 L 1 ENDORSEMENT #002 This endorsement,effective 12:01 A.M. 3/1!2014 forms a part of Policy No. GL5388220 issued to: VSS International, Inc. By NATIONAL UNION FIRE INSURANCE COMPANY OF PI11"SBURGN, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED— OWNERS, LESSEES OR CONTRACTORS-- COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART' SCHEDULE Name of Person or Organization: T WHERE REQUIRED BY AN "INSURED CONTRACT" Location And Description of Completed Operations: WHERE REQUIRED BY AN "INSURED CONTRACT" _ Additional Premium: INCLUDED (if no entry appears above, information required to complei.e this endorsement will be shown In the Declaratlons as applicable to this endorsement.) Section Il--Who Is An insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"at the location designated and described in the schedule of this endorsement performed for that insured and included in the"products- completed operations hazard". I POLICY NUMBER: CA5101610 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT.CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INISURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, tho provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form..This endorsement does not alter coverage provided in the Coverage Form, This endorsement changes the policy effeetiveon the inception date of the policy unless another date is indicated below. - Endorsernent Effective: 311/2014 Countersigned By: Named Insured: VSS International,Inc. (Autnorized Representative) SCHEDULE Name of Person(s) or Organization(s): WHERE REQUIRED BY "INSURED CONTRACT" (If no entry appears above, information required to complete `his endorsement will be shown in the Declara- tions as applicable to the endorsement,) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An .Insured Provision contained in Section II of the Coverage Form. i CA 20 48 02 99 Copyright, Insurance Services Office, Inc,, 1998_ Page 1 of 1 Insured:VSS INTERNATIONAL,INC policy#:CA5101 6 10 Term: 311t2014-3/1/2015 if we a for the °foss", our payment will in- b- For Hired Auto Physical Damage Cover- if ago, any covered "auto" you lease, hire, clude the applicable sales tax for the dam' rent or borrow is deemed to be a coveted aged or stolen propetf�'. �,�, 'auto' you own. However, any "aura° 5. Transfer Of Rights Of Recovery Against p y-%N tl that is leased, hired, rented or borrowed Others To Us t�vF�)% with a driver is not a covered "aLno'. If any person or Organization to or for whom \ c. Regardless of the provisions of Paragraph we make payment under this Coverage Form a. above, this Covaraga c'orm's Liability has rights to recover damages from another, Coverage is primary for any liability as- those rights are transferred to us. That per- surned under an "insured contract". son or organization must do everything d. When this Coverage Form and any other necessary to secure our rights and must do Coverage Forrim or policy covers on the. nothing after `3accildent" or `loss` to impair same basis, either excess or primary, we them,. v►�ill pay, only our share, Our share is the B. General Conditions proportion that the Limit of Insurance of }. Bankruptcy our Coverage Form bears to the -total Of or insolvency o the insured,' or the limits of 411 the Col;►er-age Forms and Bankruptcy olicies covering oil the some basis. the "insured's" estate will not relieve us of P any obligations under this Cove O�Fraud s are The es im.atad premium for.this Coverage 2. Concealment, Misrepresentation case of This Coverage form is void in any Fora: is based.on the a-wasu,res You told policy be- time as rt relates tO this us you would have when this p Y fraud by you at any gran. We wil3 1ha final p'(eraium Coverage Forfn, It is also void if y ou or any due when wo deterrnine your actual ex- other "insured", at any time, intentionally cartc��gaf or misrspresan# a material fast eon- pasu.res. Tla2 e�irs�aCed te;:af p�rerixiurn will be credited ajar t the final premiurn ceming: due and the first Named insured will be a. This Coverage Form; billed for the bra-te, ff any. Tie due d; date for the final premium or retrospec- b. The covered 'auto tive premium is• the date shown as the c, Your interest in the covered °auto'; or due date on fire bill. If tic e-stimat�ed.total d. A claim under this Coverage Form. premium exc-es& 838 fih-af Premium d'e, ti the first Narnad insured wiff g et a 3. Liberalization If we revise this Coverage Form to provide b. If this policy is Isscled for more than one. rnorE coverage without additccinel prernlu� Form will be corriputed annually, based on charge, your policy will automatically pr vide the additional coverage as o€ the day our rates or premium in effect at the the revision {S e�ectlVe in your State. beginning of each year of the palic�+. 4. No Benefit To Bailee - Physical Damage J. Policy Period, Coverage Territory Coverages Under this Coverage Form, we cover "ac- We will not recognize any assignment or cidents"'and "losses ` occurring: ersfldhown in the grant any coverage for the benefit Y a. During the policy p person or Organization holding, storing or Declarations; and transporting property for a fee regardless of b. Within the coverage territory. any other provision of this Coverage Form. The coverage territory is: S. Other Insurance a. The United States of America; a. For any covered "auto" you own, this Coverage Form provides primary insur- b. The .territories and posses s. of the once, For any covered "auto" you don't United States of America; own. the insur c Ce provided by this.Cov- c. Puerto Rico; erage Form is excess over any other d. Canada; and collectible insurance. However,' while a covered 'auto' which is a "trailer" is e, Anywhere in the-world if; connected to another vehicle, the Liability 11l A- covered "auto" of the private Coverage -this Coverage Form provides passenger type is leased, hired, rented for the"trailer' is:. or borrowed without a driver for a (!) Excess while it is connected to a period of 30 days or.less; and motor vehicle you do not own. 12j The "insured's' responsibility to pay while it is connected to a (2) Primary "auto covere you own. " . l STATE OF CALIFORNIA Edmtrnd G. Brown Jr.,Governor DEPARTMENT OF INDUSTRIAL RELATIONS OF I,CC OF SELF-INSURANCE PLANS 2265 Watt AvenLIC,Suite 1 Sacrarnento,CA.95823 Phone No.(916)371-0300 FAX(916)483-1535 - ti CERTIFICATION OFSELF-INSUR_a►NCE C_1F WORKERS`CONIP[?,NSATION TO WHOM IT MAY CONCER1NT: This cerlifics that Certificate of Consent to Self-unsure No.2106-C was issued by the Director of Industrial Relations to: VSS Intern atjiona], Inc. Wider(lie provisions o('Section 3700,Labor Code of California with an e fective date uF August I, 1988. The certiiicale i5 can ent.ly in hall force and effective. Dated at Sacramento,California This day the 14th of ivlay 2013 k Jon Wroten,Chief OR1G: Mary Beth Downs Andreini&Company 220 W.20th AvenLIC San ivlateo,Ca 903 NUMBER: 21 Q6 -C STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF THE DIRECTOR CERTIFICATE OF CONSENT T SELF-INSURLE THIS IS TO CERTIFY, That VSS International, Inc. (Name of Subsidiary) STATE OF INCORPORATION CA 'basic Resources, Inc. (LMastcr CcrtificatcHoldcr) STATE OF INCORPORATION CA has tiomphed with the requirement.oi'thc Dirccior of Industrial Relations under the provision-,ofSectiotis 3700 to 3705,inclusivc,of the Labor Codc of the State of C'aliftimia and is hereby gmrttcd this Certificate of Consent to Self-Insure,holder of Master Certificate No.2106- This certificate may be revoked ai any time for good cause shoum.$ EFFECTIVE DATE: tau<aust i. 7.988 1'3lEPA-R NIENT OF E DL'S'f'RIAL RELATIONS �. Olr�THE STATE OF CALIFORNIA 1 u f� .ion Wro tell,Chief Christine Baker, Director `Revcx;ation of Certificate—'A certilicstc of consent to self-insu:c:may be revoked by the Director of Industrial Relations at any time for good cause aficr a hearing, Good c:ausc rncluders,among; other things,the impuirmcm of"Solvency of such employer,the Inability of the empioyrr to fulfill his obligation-,,or the practicc oi'such cmplover or his agent in churgc of the aciministr:t(ior;of ahlibations,utxdcr the this dig i.ion of any of the followinr:{.a)l•fabiiwdly and as a matter of practice and custo.tt)Inducing claimants for compcm-irioa to accept 1c,:s than the compensation dxtc or making;it necessary fur thein to resort to prucccdings agatnsi t.hc cmploycrtasccurc the compcns»ltiun due;(h)Disch:rging hi:compcn.,�ation obligations in a dishonest manner,(c)Discharging his compCmation abltgations in such a manncr as to cause injury to the public or tho%c dealing with htm."(Sectior 3702 of t.ttbur C odc.l Tltc C'crtifec:itc may be--c%-cikcd lbr non compliance.wilh Titic X.Caiifornttt Adminictrttive Codc,Group 2--Administration ol'Sclt'Insurtrce a September-9, 2014 City of Cupertino 10555 Mary Ave. Cupertino, CA 95014 RE- 2014 Pavement Maintenance - Phase 3 REF: Waiver of Subrogation VSS International, Inc. is licensed by the State of California to be self-insured for Workers Compensation (2106-C). VSS International, Inc. agrees to waive all rights of subrogation against the City of Cupertino, its officers, officials, employees and volunteers for losses paid - under the terms of this policy/program which arise from the work performed by VSS International Inc., for the City of Cupertino. Yours Truly, VSS International, Inc. Jeff Ro erts Chief Operations Officer Subscribed and sworn to before me NICOLE CARLSON this `1 day of Commission # 2020988 Notary Public -California a Yolo County M Comm.Ex ires A r 20,2017 Signature of Notary Public VSSI Job No.- 14-066 vss inTERnFlTi®nRL, inc. P.O. BOX 981330 • WEST SACRAMENTO, CA 95798, USA • PHONE (916) 373-1500 FAX NO. (916) 373-0183 • CONTRACTOR'S LICENSE NO. 293727A P fgVEMEnT f'i RI '1TE11far10E SPECIALISTS Q S , Project No.2014-05 DOCUMENT 00610 Bond No:929597469 CONSTRUCTION PERFORMANCE BOND Premium:$3,081.00 TH[S CONSTRUCTION PERFORMANCE BOND ("Bond") is dated 9/9/2014 is in the penal sum of One Million Twenty Seven Thousand One Hundred Thirty Five Dollars and 00/100 [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12, attached to this page. Any singular reference to VSIS International, Inc. ("Contractor") Western Surety Company ("Surely'), the City of Cupertino, a Municipal Corporation of the State of California("City")or other party shall be consider+-d plural where applicable. CONTRACTOR: SURETY: VSS International, Inc. Western Surety Company Name Name 3785 Channel Drive P.O. Box 5077 Address Principal Place of Business West Sacramento, CA 95691 Sioux Falls, SD 57117-5077 City/State/Zip City/State/Zip CONSTRUCTION CONTRACT: 2014 PAVEMENT MAINTENANCE PROJECT—PHASE 3 PROJECT NIiTMBER 2014-05 at Cupertino,California. DATED September 4th z 20 14 in the Amount of$ 1,027,135.00 (the"Penal Sum") CONTRACTOR AS PRINCIPAL SURETY Company: (Cor S Inter tional, Inc. Company: (Col p�Seat) We ern Surety Company Signature: Signature- Name and Title: Nam ai e;.Thomas R. Hucik,Attorney-in-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety,jointly and severally, bind themselves,their heirs, executors,administrators,successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly performs;ill of its obligations under the Construction Contract,.Surety and Contractor shall have no obligation raider 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 sander 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 ternis of this Bond and the Construction Contract;or City of Cupertino Construction Performance Bond 2014 Pavement Maintenance Project--Phase 3 00610- 1 Project No.2014-05 3.2.2 To a contractor selected to perform the Constriction Contract in accordance with.the terms of this Bond and the Construction Contract. 4. When City has satisfied the conditions of paragraph 3, Surety shall promptly(within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City, to perfoc•m and complete the Construction Contract (but City may withhold consent, in which case:the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4,below);or 4.2 Undertake to perform and complete the Construction 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 flee 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 execute([ 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 eircur..stances, and, after investigation and consultation with City, determine in good faith its monetary obli;;ation to City under paragraph 6, below, for the performance and completion of the C.onshiction 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 fiiture damages then unknown or unliqu'idated resulting fi-oni tLie 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. S. If Surety does not proceed as provided in paragraph 4, above, then Surety shall he 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 tunes 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 whieb no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Constmetion Contract including, but not limited to, all valid and proper backcharges,offsets,payments,indemnities,or other damages; 6.3 Additional legal, design professional and delay costs resulting from Contractor 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). City of Cupertino Construction Performance Bond 2014 Pavement Maintenance Project--Phase 3 00610-2 Project No.2014-05 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts,purchase orders and other obligations, including changes of tine. 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 deerned 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 lierefroin and provisions conforming to such statulo:ry requirement shall be deemed incorporated herein. 12. Definitions. 12.1 Balance of the Contract Sun1: 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 betwef;n 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 remedied 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 the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF X)OCUMENT City of Cupertino Construction Performance Bond 2014 Pavement Maintenance Project—Phase 3 00610-3 California All Purpose Acknowledgment State of California County of Sacramento On September 9, 2014 before me, Rosalie A. Miszkiel, Notary Public Date Name&Title of Officer/Notary personally appeared Thomas R. Hucik Naml�,*) of Signers(s) who proved to me on the basis of satisfactory evidence to be the person{} whose name-4 is/Gre subscribed to the within instrument and acknowledged to me that he/s4e/they executed the same in his/h-&r/=44e4 authorized capacity(ies), and that by his/4e-r/t iei signature{-} on the instrument the person++, or the entity upon behalf of which the person{} acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. hand and official seal. ROSAIJEA. 00906 WITNESS m EL y a COMM. !#2009058 ; �-� — Notary Public-California w SACRAMENTO COUNTY -. �► My Comm.UP.Feb.28,2017 N Lary Public -OPTIONAL (The information below is not required by law) Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s) h:\docs\surety\forms\notary.doc Western SUrety Company PO`VER OF ATTORNEY APPOINTING'INDIVIDUAL ATTORNEY-IlM-FACT Knoly Ail Men By These Presents,That WESTERN'SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,arid_State of South Dakota,arid.that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint David Weise, Thomas R Hucik; Lynn Patton, Rosalie A Miszkiel, P A Gouker, Nicki Moon, Individuatlly of Rancho Cordova,CA,its true and(awful Attorneys)-in-Fact with'ful l power and authority hereby conferred to sign,seal arid execute for and on its behalf bonds,undertakings and other obligatory instruments of similar riature -In Unlimited Amounts- and to bind it thereby as fully and to the-same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confinned. This Power of Attorney is made arrd executed pursuant to arid by authorKy of the,By-Law printed on the reverse hereof.-duly adopted,as indicated,by the shareholders of the corporation. In Witness Wiereor,WF,%TFRN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of May,2013. WESTERN SURETY COMPANY SoaerY�,, D�POH,gr`^9D �yy 7=i yWaxw.� .aul T.Bruflat,Vice President State of South Dakota County of Minnehah ss a ))) On this 9th day of May,2013,before me personally carne Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that.he resides in the City of Sioux Fall's,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to tire said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and,that lie signed his name'thereto pursuant to Iike authority;and acknowledges sane to be the act arid deed of said corporation. My commission expires d J_MOHR. i --, NOTARY PUPLIC June 23,2015 r �saa sFar.S f�SOO'rFi DAKOTA�S d J.Mohr,Notary Public CERTIFICATE 1;L.Nelson,-Assistant Secretary of WESTERN SURETY COMPANY*do hereby certify that the Power of Attorney-hereinabove set-forth is still in force,and further certify-thi tthe By-Law of the corporation printed.omthe reverse hereof is still ih force. In testimony whereof I Have hereunto subscribed my"name arid affixed the seal of the said corporation this 9th day of September 2014 WESTERNN SURETY COMPANY :,��r-"'.."'�•cod _ Qr 4 gwF4 t^cD� . =3iti se A�%'s�z L.Nelson,Assistant Secretary Form F4280-7-2012 Project No.2014-05 DOCU DENT 00620 Bond No: 929597469 Premium: Included in Performance Bond CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND C Bond")is dated 9/9/2014 ,is in the penal sum One Million Twenty Seven Thousand One Hundred Thirty Five Dollars and 00/100 Cone 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 Terris and Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to VSS International, Inc. ("Contractor"), Western Surety Company ("Surety"),the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: SURETY: VSS International, Inc. Western Surety Company Name Name 3785 Channel Drive P.O. Box 5077 Address Principal Place of Business West Sacramento, CA 95691 Sioux Falls,SD 57117-5077 City/State/Zip City/State/Zip CONSTRUCTION CONTRACT: 2014 PAVEMENT MAINTENANCE PROJECT---PHASE 3 PROJECT NLU\4BER 2014--05 at Cupertino,California. DATED September 4th 20 14 in the Amounr-,of$ 1,027,135.00 (the"Penal Sum") CONTRACTOR AS PRINCIPAL SURETY Company: (Corp.Sea[)VSS International, Inc. Company: (Corp. ea We ern Sure.y=Cvmp Signature: Signature: Name and Title: Name an homas R. Hucik,Attorney-in-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety,jointly and severally,bind themselves, their heirs,executors,administrators, successors. .and assigns to City and to Claimants, to pay -Far labor, materials and equipment furnished for use iii the performance of the Construction Contract,which is incorporated herein by reference. = 2. With respect to City,this obligation shall be null and void if Contractor: 2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants;and 2.2 Defends,indenrnifies 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 clai-nis, demands, liens or suits and tendered defense of such claims,dernands,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 City of Cupertino Construction Labor and Material Payment Bond 2014 Pavement Maintenance Project—Phase 3 00620- 1 Project No.2014-05 under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor,then Surety shall pay for the sane,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 53082,et secs,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, rxpenses,or attorney's fees of any Claimant under this Bond, and shall have under this Bond no obligations to brake payments to,give notices on behalf of,or otliertivise have obligations to Claimants tinder 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 performed thereunder,or materials or equipment to be ftrrnished 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 53249,must be conunenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code 53184. 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 nailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety,City or Contractor,however accomplished,shall be sufficient compliance as of the date received at the foregoing addresses. 11. This Bond has been furnished to comply with the California Mechanic's Lien Law including,but not limited to, Civil Code§§3247, 3248,of.seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefi•om and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 1.2. 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 perrt;.it.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 ihan 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 dieni 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 Construction Labor and Material Payment Bond 2014 Pavement Maintenance Project—Phase 3 00620-2 Project No.2014-05 14. 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 fiirther defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the tennis "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 w1ii.ch a stop notice might be asserted. The term Claimant sliall. 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 Docunicrits 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 COnstrtrction Labor and Material Payment Bond. 2014 Pavement Maintenance Project---Phase 3 00620-3 l e. California All Purpose Acknowledgment State of California County of Sacramento On September 9, 2014 , before me: Rosalie A. Miszkiel, Notary Public Date Name&Title of Officer/Notary personally appeared Thomas R. Hucik _ Nam(3�s(s) of Signers(s) who proved to me on the basis of satisfactory evidence to be the person{} whose name{-} is/tee subscribed to the within instrument and acknowledged to me that he/she/fhey executed the same in his/4&r/-'44r--4 authorized capacity(ies), and that by his/h-er/thei r signature{} on the instrument the person{ or the entity upon behalf of which the person{-s-} acted, executed the instrument. certify under PENALTY OF PERJURY under i'ihe laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. . 'w ROSALIEA.MISZKIEL - - CL ' COMM. #2009058 $ Notary Public-Califomia V ' SACRAMENTO COUNTY "► My Comm,UP.Feb.28,2017 N Lary Public -OPTIONAL (The information below is not required by law) Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s) _ h:\docs\surety\forms\notary.doc Western SUrety Company POINTER OF ATTOINEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know DUI Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the,City of.Sioux Falls,and State of South Dakota.,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint David Weise, Thomas R Hucik, Lynn Patton, Rosalie A Miszkiel, P A Gouker, Nicki Moon, Individually of Rancho.Cordova,CA,its true and ialwful Attorney(s)-in-Fact with full powei,,-and authority hereby conferred to-sign,seal and execute for and on its behalf` bonds,undertakings and 'Other obligatory instruments of similar.nature -In Unlimited Amounts- and to bind it thereby as hilly grid to the same extent as if such instnuments were signed try a duly authorized officer of the corporation and all the acts of said Attorney,puisuant to the authority hereby given,are hereby ratified and confn7ned. This Power of Attorney is made and executed pursuard to aril by authoril.y of the'By-Law printed on the reverse hereof duly adopted,as indicated,by the shareholders of the corporation. In Witness Mlliereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of May;2013. .d WESTERN SURETY COMPANY SVOgq'•,3 f aN:VO rt•i D= wY•1„IIWM1>fi aul T.Bruflat,Vice President State.of South Dakota ss County of`Minne.haha On this 9th day of May,2013,before ine personally came Paul T.Bruflat,to me known;who,being by me drily sworn,did depose and say: that.lie resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instniment is such corporate seal;that it was so affixed. pursuant to authority given by the Board of Directors of said corporation and that tie signed his name-thereto pursuant to bike authority,and acknowledges same to be die act and deed of said corporation. Ivlycommission e?�pires �`' d'` ~~`"`'`'`'`>'y`�`�~`rt"�'s r ,l.NI OH r, s June 23,'2015 s S a NOTARY PUBLIC SEAL s SOUTH DAKOTA J.Mohr,Notary-Public- CERTIFICATE I;L.Nelson,A,ssistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney.hereinabove set forth is still in force,and.further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my nanie and affixed the seal of the said corporation this_ 9th day of September 2014 _�Q�SVnry�d WESTERN SURETY COMPANY-- _- ��o�� L.Nelson,Assistant Secretary Form F4280-7-2012 Project No.2014-05 DOCUMENT 00630 Bond No: 929597469 GUXRANTY TO THE CITY OF CUPERTINO,a Municipal Corporatioi;i of the State of California("City"),for construction of 2014 PAVEMENT MAINTENANCE PROJECT—PHASE 3 CUPERT11,40,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 lbllowing the date of Final Acceptance,or such longer period specified in the Contract Documents,its unconditional warranty of the duality 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 cormection 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 witl1 the terms of such instructions,or in an emergency where delay would cause serious risk of loss or damage, City niay 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 i.he 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:requireineuts 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 iii 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. VSS International, Inc. Contractor's Name 3785 Channel Drive Address West Sacramento, CA 95691 City/State/Zip Date END OF DOCUMENT City of Cupertino 00630-1 Guaranty 2014 Pavement Maintenmice Project--Phase 3