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14-167 Valentine Corp for Sports Center Tennis Court Retaining Wall Project No. 2014-06 RECORDING REQUESTED BY: DOCUMENT: 22888873 Pages: 3 City of Cupertino I I I I ' Fees. . . .Taxes . . . No Fees Cop iees. . WHEN RECORDED,MAIL TO: AMT PAID City Clerk's Office REGINA ALCOMENDRAS RDE # 008 SANTA CLARA COUNTY RECORDER 3/19/2015 City. of Cupertino Recorded at the request of 12:28 PM 10300 Torre Avenue City Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 Certificate of Completion and Notice of Acceptance of Completion SPORTS CENTER TENNIS COURT RETAINING WALL REPAIR CITY PROJECT NUMBER 2014-06 2;14,originai 0 For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 C U P S RT I N O PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION SPORTS CENTER TENNIS COURT RETAINING WALL REPAIR CITY PROJECT NUMBER 2014-06 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 performed at the Sports Center located at 21111 Stevens Creek Boulevard in Cupertino, California, in hereinafter described in the contract which was entered into, by, and between the City of Cupertino and Valentine Corporation, October 30th, 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 March 17th, 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. Timm Bor en Director of Public Works and City Engineer of the City of Cupertino 8 Date: March 19, 2015 "NO FEE" 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 SPORTS CENTER TENNIS COURT RETAINING WALL REPAIR CITY PROJECT NUMBER 2014-06 and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on March 17, 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: March 19, 2015 By: Andrea Sarid,'dr Senior Office Assistant, City Clerk 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® W EBSITE:www.cupertino.org Valentine Corporation 111 Pelican Way San Rafael, CA 94901 Re: Bid Award, Project Number 2014-06 Sports Center Tennis Court Retaining Wall Repair 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 O P E RT I N O W EBSITE:www.cupertino.org I November 4, 2014 Robert A. Bothman, Inc. 650 Quinn Avenue San Jose, CA 95112 Re: Bid Award, Project Number 2014-06 Sports Center Tennis Court Retaining Wall Repair. Thank you for your participation in the City of Cupertino's bid process for the above-stated project. The contract was awarded to Valentine Corporation. 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, Andrea anders City Clerk's Office cc: Public Works Enclosure Project No.2014-06 DOCUMENT 00520 CONTRACT SJ-%7 7/ THIS CONTRACT, dated this day of OC+ ,20 ,by and between Valentine Corporation whose place of business is located at 111 Pelican Way,San Rafael,CA 94901 ("Contractor"),and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS,City,on the 7th day of October,2014 awarded to Contractor the following Project:/ PROJECT NUMBER 2014-06 SPORTS CENTER TENNIS COURT RETAINING WALL REPAIR 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 Biggs Cardosa Associates Inc. Consultant. City may change the identity of the Consultant at any time with notice and without liability to Contractor. 2.3 City has designated Gilbane Building Co. 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 81 Calendar Days from the date when Contract Time commences to run. A notice to proceed is anticipated to be issued by October 20,2014. City of Cupertino 00520-1 Contract Sports Center Tennis Court Retaining Wall Repair Valentine Corporation Project No.2014-06 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above,plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly,City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $1,000 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 Article 5. Contractor's Representations In order to induce City to enter into this Contract,Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means,methods,techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data,Hazardous Materials Surveys and Existing Conditions),or which may appear in the Drawings. Contractor City of Cupertino 00520-2 Contract Sports Center Tennis Court Retaining Wall Repair Valentine Corporation I I. Project No.2014-06 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 City of Cupertino 00520-3 Contract Sports Center Tennis Court Retaining Wall Repair Valentine Corporation Project No.2014-06 Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than those listed in this Document 00520,Article 6. Document 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700(General Conditions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code§4100 et seq. 7.4 The Contract Sum includes all allowances(if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C. §15)or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor,without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification,or type of worker needed to execute the Contract,as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northem.htnil 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 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 City of Cupertino 00520-4 Contract Sports Center Tennis Court Retaining Wall Repair Valentine Corporation Project No.2014-06 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 Sports Center Tennis Court Retaining Wall Repair Valentine Corporation Project No?.2.'0114-06 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. SPORTS CENTER TENNIS COURT RETAINING WALL REPAIR CITY: CONTRACTOR: CITY OF CUPERTINO,a Municipal Corporation of the Valentine Corporation State of California By: [Signature] Atte Robert 0 Valentine JR [Please print name here] City Clerk: Grace Schmidt r� �� t[� President Aploved as to form by City Attorney: Title: ( RuAuak [If Corporation: Chairman,President,or Vice President] City Attorney: 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 to execute this document on behalf of the City of Cupertino. Title: [If Corporation: Secretary,Assistant Secretary, Chief Financial Officer,or Assistant Treasurer] Dated: 30 229225 A — B — Haz Mat tale Contractor's License No. Classification AllIdAlAV-1 1/31/17 David Brandt,City Manager of 7e City of Cupertino,a Expiration Date Municipal Corporation of the State of California Designated Representative: Taxpayer ID No. 94-1580884 Name:Timm Borden Name: Title:Director of Public Works Title: Address: 10300 Torre Ave., Cupertino, CA 95014 Address: 111 Pelican Way,San Rafael,CA 94901 Phone:408-777-3354 Phone:415-453-3732 Facsimile:408-777-3333 Facsimile:415-457-5820 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A AMOUNT: $ 188,369 t CORPORATION, CORPORATE SEAL AND CORPORATE ACCOUNT NUMBER:420-9152-9300 NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY FILE NO.:92,053.07 NO.IS REQUIRED END OF DOCUMENT City of Cupertino 00520-6 Contract Sports Center Tennis Court Retaining Wall Repair Valentine Corporation ACKNOWLEDGMENT State of California County of Marin ) on Otober 9. 2014 before me, Lisa Davis (insert name and title of the officer) personally appeared Robert O Valentine Jr who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the. person(s),.or the entity upon behalf of which the 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. GENE DAVIS COMM.#196M SONOMA ® nyOwn.EON FB 9,sots Sign tur (Seal) EXHIBIT A Company Name: Valentine Corporation Project No_2034-06 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: Valentine Corporation (Firm/Company Name) Re: PROJECT NUMBE+R 2014-06 SPORTS CENTER TENNIS COURT RETAINING WALL REPAIR 1. The undersigned Bidder proposes and agrees,if this Bid is accepted, to enter into a contract with the City"of Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the.bid being rejected as non-responsive. 2. Bidder accepts all of the terms and conditions of the Contract Documents,Document 00100(Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the daTof Bid opening. 3. Bidder has visited the Site and performed all tasks,research,investigation,reviews,examinations,and analysis and given notices,regarding the Project and the Site,as set forth in Document 00520(Contract),Article 5. 4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5. Bidder attended the non-mandatory Pre-Bid Meeting. YES NO X 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 Sports Centdr Tennis Court Retaining Wall Repair 00400-1 EXHIBIT A Company Name: Valentine Corporatiou Project No.2014-06 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 Base Bid and made payable to the"City of Cupertino". I J. 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). I I City of Cupertino Bid Form Sports Center Tennis Court Retaining Wall Repair 00400-2 EXHIBIT A Company Name: Valentine GornaratiOn Project No.2014-06 SCHEDULE OF BID PRICES All Bid items,including lump sums and unit prices,must be filled in completely. Quote in figures only,unless words are specifically requested. EST UNIT' YTEM DESCRIPTI®N UNIT INFTQ.T. Y�- TY UNIT -' 'E .. 1 Complete all work for the Sports Center Tennis Court Retaining LS Wall Repair BASE BID Base Bid in words Unit Legend LS=Lump Sum AL=Allowance EA=Each SF=Square Feet LF=Linear Feet TON=Ton or 2,000 Pounds CY=Cubic Yards LB=Pounds City of Cupertino ]aid Form Sports Center Tennis Court Retaining Wall Repair 00400-3 EXHIBIT A Company Name: Valentine Corporation Project No.2014-06 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form. NAME OF BIDDER: Valentine Corporation licensed in accordance with an act for the registration of Contractors,and with license number: 229225 Expiration Date: 1 1111 1117 CA Where incorporated,if applicable Robert 0 Valentine Jr — President Madeleing Valentine — Sect. Treasir Principals I certify(or declare)under penalty of perjury under the laws of the State of California that the foreg ing is true and correct p7 Signature of Bidder Robert 0 Valentine Jr 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: Valentine C8rporat&&n 111 Pelican Way San Rafael, CA 94901 A4 iWdlddornia Corporation Officers authorized to sign contracts: Robert 0 Valentina Jr — Ftesldent Typed Full Name: Telephone Number(s): 415-453-3732 Fax Number(s): 419-457-5820 E-Mail Address: BValentine@ValeutiueCorp.com END OF DOCUMENT City of Cupertino Bid Form Sports Center Tennis Court Retaining Wall Repair 00400-4 EXHIBIT A Project No.2014-06 DOCUMENT 00430 REQUIRED SUBCONTRACTORS LIST Bidder must provide the following Listed Subcontractor information 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 or ten thousand dollars($10,000),whichever is greater,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. License Trade $ Value $ SubcontraclorName Address&Phone No. No. ,C C t•K r�u r�� `-`LS/G 539e33� fJ0 �q ` 2339�� cs5 Ce� l�eryc� �-wervive �--9L5= Y��l� ✓2rZG0 O Attach additional sheets if necessary 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. License Trade $ Value $ Subcontractor Name Address&Phone No. No. Attach additional sheets if necessary END OF DOCUMENT City of Cupertino 00430-1 Subcontractors List Sports Center Tennis Court Retaining Wall Repair EXHIBfT A Project No.2014-06 DOCUMENT 00481 NON-COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE§7106 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) COUNTY OF Marin ss. Rpbbrt 0 Valentine Jr being first duly sworn, deposes and says that he or she is President [Office of Affiant] of _Valentine Corporation [Name of Bidder],the party making the foregoing Bid,that the Bid is not made in the interest of,or on behalf of,any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid,and has not directly or indirectly colluded,conspired, connived or agreed with any bidder or anyone else to put in a sham Bid,or that anyone shall refrain from bidding,and that the Bidder has not in any manner,directly or indirectly,sought by contract, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead,profit or cost element of the Bid price,or of that of any other bidder,or to secure any advantage against the City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly,-submitted its Bid price or any breakdown thereof, or the contents thereof, .or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. Executed under penalty of perjury under the laws of the State of California: Valentine Corporation (Name of Bidder) j t O, F, 0. (Signature of Principal) Robert 0 Valentine Jr Subscribed and sworn before me 1 i as nayi a This 18 day of Sept _,20 14 LISA GENE DAVE -� Notary Public of the State of COMM.#INN24 In and for the County of .. NOTSa*to�co� My Commission expires �' My0Df1Mt]�pmFB9,2W '� (If Bidder is a partnership or a joint venture,this affidavit must be signed and sworn to by every member of the partnership or venture.) (If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation,this affidavit must be signed by the Chairman,President,or Vice President and by the Secretary,Assistant Secretary, Chief Financial Officer,or Assistant Treasurer.) (If Bidder's affidavit on this form is made outside the State of California,the official position of the person taking such affidavit shall be certified according to law.) END OF DOCUMENT City of Cupertino 00481-1 Non-Collusion Affidavit Sports Center Tennis Court Retaining Wall Repair . EXHIBIT A Company Name: Valentine Corporation Project No.2014-06 DOCUMENT 00400 BID FORAI To be submitted as part of Envelope"A"by the time and date specified in Document 00200 (Instructions to Bidders). TO THE I-IONORABL•E CITY COUNCIL OF THE CITY OF CUPERTINO THIS BID 1S SUBMITTED BY: Valentine Corporation (FirinlCompany Name) Re: PROJECT NUMBER 2014.06 SPORTS CENTER TENNIS COURT RETAINING WALL REPAIR I. The tundersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the,bid being rejected as non-responsive. 2. Bidder accepts all of the terms and conditions of the Contract Documents,Document 00100(Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the clay 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 actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5. Bidder attended the non-mandatory Pre-Bid Meeting. YES NO X 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 delivexed 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 Did Fonn Sports Center Tennis Court Retaining Wall Repair 00400-1 EXHIBIT A Valentine Corporation Company Name:__._ Project No.7.014-06 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 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 witbin the time specified in Document 00520 (Contract)shall be as set forth in Document 00520(Contract). I City of Cupertino Bid Form Sports Center Tennis Court Retaining Wall Repair 00400-2 EXHIBIT A Company Name:�S]a1 ent i ne-r_oxpornl:ion Project No.2014-06 SCHEDULE OF BID PRICES All Bid items,including lump sums and unit prices,must be filled in completely. Quote in figures only,unless words are specifically requested. EST UNIT IT11 M DESCRIPTION UNIT TOTAL I QTY PRIM.- I Complete all work for[lie Sports Center Tennis Court Retaining LS 1 f Yf 30,17 Wall Re atr BASE BID — Base Bid in words Unit Legend LS=Lump Sum AL=Allowance EA=Each SF=Square Feet LF=Linear Feet TON=Ton or 2,000 Pounds CY=Cubic Yards LB=Pounds City of Cupertino Bid Form Sports Center Tennis Court Retaining Wail Repair 00400-3 EXHIBIT A Company Name: Valentine Corporation Project No.2014-06 ACKNOWLEDGEM NT OF RECEIPT OF ADD>ENDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date Bidder proposes and agrees to fully perform the Work within the time stated and in stri ct accordance with the Contract Documents for the sums of money Iisted in this Bid Form. NAME OF BIDDER: Valentine Corporation licensed in accordance with an act for the registration of Contractors,and with license number:_2.29225 Expiration Date: 111,111117 CA Where incorporated,if applicable Robert 0 Valentine Jr - President Madeleing Valentine - Sect. / Treasir Principals - - I certify(or declare)under penalty of perjury under the laws of the State of California that the foreg ing is true and correct. ) aa .� Signa€ure of Bidder Robert 0 V_aI_e_n_t_:1;n_e Jr— 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: Valentine Cdrporatd6n 111 Pelican Way San Rafael, CA 94901 A~=ftil iz ornia Corporation Officers authorized to sign contracts: e- Rol5ert 0 Valentine Jr - President Typed Full Name: Telephone Number(s): _ 415-453-3732 Fax Number(s): 415-457-5..920 E-Mail Address: BValentine@ValentiueCorp.com END OF DOCUMENT City of Cupertino Bid Form Sports Center Tennis Court Retaining Wall Repair 00400-4 EXHIBIT A Project No.2014-06 DOCUMENT 00430 REQUIRED SUBCONTRACTORS LIST Bidder must provide the following Listed Subcontractor information in conformance with the California Public Contract Code where the value of the Subcontractor's work is or exceeds Y of one percent(.05%)of the Base Bid or ten thousand dollars($10,000),whichever is greater,on Document 00400. Failure to do so will render Bid Non Responsive. Bidder is reminded that Lasted Subcontractors cannot be substituted by the Apparent Low Bidder after Bid has been submitted and opened,without City's formal approval. License Trade �. $ Value $ Subcontractor Name Address Ri Phone No. No. w �� 122.,E - f S�o C tl•K rltu 57F615� el-el ?2cW- G vp 2,7y F n � IG.�U✓ d ,�'7�/ J i T Attach additional sheets if necessary VOLUNTARY SUBCONTRACTOR LIST Bidder is requested to voluntarily provide Subcontractor information listed below for subcontract work whose value is less than'/a 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. License Trade S Value $ Subcontractor Name Address&Phone No. No. Attach additional sheets if necessary END OF DOCUMENT City of Cupertino 00430-1 Subcontractors List Sports Center Tennis Court.Retaining Wall Repair I EXHIBIT A Project Nu.2014-06 DOCUMENT 00481 NON-COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE §7106 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA } COUNTY OF Marin ) ss. Rpbb_rt 0 Valentine Jr being first duly sworn, deposes and says that he or she is President [Office of Affiant] of _Valentine CorporatiAn JName of Bidder],the party making the foregoing Bid,that the Bid is not made in the interest of,or on behalf of,any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid,and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham Bid,or that anyone shall refrain from bidding,and that the Bidder has not in any manner, directly or indirectly,sought by contract, communication or conference with anyone to fix the Bits price of Bidder or any other bidder, or to fix any overhead,profit or cost element of the Bid price,or of that of any other bidder,or to secure any advantage against the City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly,submitted its Bid price or any breakdown thereof, or the contents thereof; or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. Executed under penalty of perjury under the laws of the State of California: Valentine Corporation (Name ofBi�dder) (Signature of Principal) Robert 0 Valentine Jr Subscribed and sworn before me 1 i ca Devi s This 18 day of Sept _.....--'20 14 SA GENE Notary Public of the State of� g '� co{ tz In and for the County of O NVARYPUt311C RPltA MyCoimnissionexpires 6tyommB mFEB9, (If Bidder is a partnership or a joint venture,this affidavit must be signed and swam to by every member of the partnership or venture.) (If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman,President,or Vice President and by the Secretary,Assistant Secretary, Chief Financial Officer,or Assistant Treasurer.) (If.Bidder's affidavit on this form.is made outside the State of California,the official position of the person taking such affidavit shall be certified according to law.) END OF DOCUMENT City of Cupertino 00481-1 Nan-Collusion Affidavit Sports Center Tennis Court Retaining Wall Repair . Project No.2014-06 BOND NO.9171743 DOCUMENT 00610 PREMIUM:$2,308.00 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated is in the penal sum of ONE HUNDRED EIGHTY EIGHT THOUSAND,THREE HUNDRED SIXTY NINE AND NO/100THS--------($188,369.00) -------------------------------------------------------------------------------- [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs I through 12, attached to this page. Any singular reference to VALENTINE CORPORATION ("Contractor") FIDELITY AND DEPOSIT COMPANY OF MARYLAND ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California("City")or other party shall be considered plural where applicable. CONTRACTOR: SURETY: VALENTINE CORPORATION FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name Name 111 PELICAN WAY 525 MARKET ST.,SUITE 2900 Address Principal Place of Business SAN RAFAEL,CA 94901 SAN FRANCISCO,CA 94105 City/State/Zip City/State/Zip CONSTRUCTION CONTRACT: SPORTS CENTER TENNIS COURT RETAINING WALL REPAIR PROJECT NUMBER 2014-06 at Cupertino,California. DATED OCTOBER 8 12014 in the Amount of$ 188,369.00 (the"Penal Sum") CONTRACTOR AS PRINCIPAL SURETY FIDELITY AND DEPOSIT COMPANY OF Company: (Cor .Seal) VALENTINE CORPORATION Company: Corp. Seal) MARYLAND )� rn 7 Signature: Signature: V �� Name and Title: Robert O Valentine Jr Name and Title: ' VIRGINIA L.BLACK President ATTORNEY-IN-FACT BOND TERMS AND CONDITIONS I. 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 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: City of Cupertino 00610- 1 Construction Performance Bond Sports Center Tennis Court Retaining Wall Repair r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN FRANCISCO On OCTOBER 8, 2014 before me, JANET C. ROJO, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared VIRGINIA L. BLACK Name(s)of Signer(s) . e 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 JANET helshef r executed the same irM%s/her/I authorized ROjo� #204102(� capacity(ies), and that by /her/ X.signature(s) on the I~ltT,�r,t� I1i -fl�Ll�Of14lA instrument the person(s), or the entity upon behalf of F .AN F ft NCI 00 COUNTY which the person(s) acted, executed the instrument. • a i9°C cttllM.Eypirds Oct.91-017 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. ' nature Place Notary Seal Above ® Signature of Notary Public OP 1ONAL Though the information below is not required by law, it m able to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General _ ❑Partner—❑ Limited ❑ General _ IRV: ❑ Attorney in Fact • •• ❑Attorney in Fact •• ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402.Chatsworth,CA 91313-2402,v,w",.NationalNotaryorg Item;x5907 Reorder:Call Toll-Fr e 1-800-876-6827 Project No.2014-06 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 Bond and the Construction Contract. 4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4,below); or 4.2 Undertake to perform and complete the Construction 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. Y o Surety's monetary obligation under this Bond is limited b the Amount of this Bond identified herein as the Y g Y 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; 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 00610-2 Construction Performance Bond Sports Center Tennis Court Retaining Wall Repair r Project No.2014-06 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bond shall be instituted 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 remedied nor waived,d • t• 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 DOCUMENT City of Cupertino 00610-3 Construction Performance Bond Sports Center Tennis Court Retaining Wall Repair i ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Susan HECKER, Janet C. ROJO, Betty L. TOLENTINO, M. MOODY, Maureen O'CONNELL, Robert P.WRIXON,Kevin RE,Virginia L.BLACK,R.A.BASS and K.ZEROUNIAN,all of San Francisco,California, EACH its true and lawful agent and Attorney-in-Fact,to make, execute, seal and deliver,for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 24th day of October,A.D.2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND psu� v DUO,-"pei tr+sp''•• SEAL '"°n��'7 % !tM �? �Vim+. tB9B •''a 7 Assistant Secretary Vice President Gregory E.Murray Thomas O.McClellan State of Maryland City of Baltimore On this 24th day of October,A.D.2012,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,Vice President,and GREGORY E.MURRAY,Assistant Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith, that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. n •` ��4 it iii�••�� Maria D.Adamski,Notary Public My Commission Expires:July 8,2015 POA-F 016-0511C V Project No.2014-06 BOND NO.9171743 PREMIUM INCLUDED IN DOCUMENT 00620 PERFORMANCE BOND CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND("Bond")is dated is in the penal sum ONE HUNDRED EIGHTY EIGHT THOUSAND,THREE HUNDRED SIXTY NINE DOLLARS($188,369.00)----------- [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to VALENTINE CORPORATION ("Contractor"), FIDELITY AND DEPOSIT COMPANY OF MARYLAND ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: SURETY: VALENTINE CORPORATION FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name Name 111 PELICAN WAY 525 MARKET ST.,SUITE 2900 Address Principal Place of Business SAN RAFAEL,CA 94901 SAN FRANCISCO,CA 94105 City/State/Zip City/State/Zip CONSTRUCTION CONTRACT: SPORTS CENTER TENNIS COURT RETAINING WALL REPAIR PROJECT NUMBER 2014-06 at Cupertino,California. DATED OCTOBER 8 20 14 in the Amount of$ 188,369.00 (the"Penal Sum") CONTRACTOR AS PRINCIPAL VALENTINE SURETY FIDELITY AND DEPOSIT COMPANY OF Company: (Corp. Seal) CORPORATION Company: Corp.Seal) MARYLAND Signature: /� ®,�C�-� �• y�G�� Signature: Name and Title: Robert 0 Valentine Jr Name and Title: GINIA L.BLACK,ATTORNEY-IN-FACT President - 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 for labor, materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference. 2. With respect to City,this obligation shall be null and void if Contractor: 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 Sports Center Tennis Court Retaining Wall Repair CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN FRANCISCO On OCTOBER 8, 2014 before me, JANET C. ROJO, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared VIRGINIA L. BLANK e(s)of Signer(s) 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 heVsheAhey executed the same ir=s/her/TM authorized 4 capacity(ies), and that by /her/ signature(s) on the sd` JANET T 0a ROJO instrument the person(s), or the entity upon behalf of ,. C MM. #2041020 -0 NOTARY PUBLIC-CALIFORNIA ® which the person(s) acted, executed the instrument. SAKI FRANCISCO COUNTY .� ' %} m' xp'"� t��t•9,z�t� I certify under PENALTY OF PERJURY under the laws ._.yam. . of the State of California that the foregoing paragraph is true and correct. WITNESS and a �official seal. Si aturel� Place Notary Seal Above • Signature of Notary Public OPT lO L_ Though the information below is not required by law, it may prove va uable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General El Partner—❑ Limited El General ❑ Attorney in Fact _ _ ❑Attorney in Fact - ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402.mw NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-676-6827 Project No.2014-06 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 performed thereunder, or materials or equipment to be furnished 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. 11. 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 this 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 Sports Center Tennis Court Retaining Wall Repair I Project No.2014-06 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 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 00620-3 Construction Labor and Material Payment Bond Sports Center Tennis Court Retaining Wall Repair I ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Susan HECKER, Janet C. ROJO, Betty L. TOLENTINO, M. MOODY, Maureen O'CONNELL, Robert P.WRIXON,Kevin RE,Virginia L.BLACK,R.A.BASS and K.ZEROUNIAN,all of San Francisco,California, EACH its true and lawful agent and Attorney-in-Fact,to make, execute,seal and deliver,for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARY_ LAND,this 24th day of October,A.D.2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND O �o OLIOf.� ;r. .tNS.... a ""' t _._ io: Assistant Secretary Vice President Gregory E.Murray Thomas O.McClellan State of Maryland City of Baltimore On this 24th day of October,A.D.2012,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,Vice President,and GREGORY E.MURRAY,Assistant Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith, that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. (' iftCl Maria D.Adamski,Notary Public My Commission Expires:July 8,2015 POA-F 016-0511C ,acoR°® CERTIFICATE OF LIABILITY INSURANCE FDA 81201 D°"YYY' 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, 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 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 CONTACT NAME: Arthur J. Gallagher&Co. PHONE FAX Insurance Brokers of CA, Inc. LIC#0726293 E-MAIL A!c N o 1255 Battery Street, Suite 450 ADDRESS: San Francisco CA 94111 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Old Republic General Insura ce Corp 24139 INSURED INSURER 13:Navigators Insurance Company 42307 Valentine Corporation INSURER C: PO Box 9337 INSURER D: San Rafael, CA 94901 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:108360320 REVISION NUMBER: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD1YYYY MMIDD/YYYY LIMITS A GENERAL LIABILITY Y 1CG49571407 /30/2014 /30/2015 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE T RENTED PREMISES Ea occurrence $100,000 CLAIMS-MADE �OCCUR MED'EXP(Anyone person) $5,000 PERSONAL&ADVINJURY $1,000,000 X XCU included GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $2,000,000 POLICY X PRO- X LOC $ A AUTOMOBILE LIABILITY Y AlCA49571407 /30/2014 /30/2015 Ea accident $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accidert $ Collis Ded$1,000 $Comp Ded$1,000 B UMBRELLA LIAB X OCCUR SE14EXC7147221V /30/2014 /30/2015 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED I I RETENTION$ $ A WORKERS COMPENSATION y 1 CW49571407 10/1/2014 0/1/2015 X STATU- OTH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A USL&H 1CW49571407 10/1/2014 0/1/2015 USL&H States:CA Statutory I i DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) , Project No.2014-06/ACCOUNT NUMBER:420-9152-9300/AMOUNT:$ 188,369. RE: Sports Center Tennis Court Retaining Wall Repair. i ADDITIONAL INSURED(S):The City of Cupertino 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. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Projects Manager 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino CA 95014 i ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: •Al CG49571407 "COMMERCIAL GENERAL LIABILITY CG 20 37 0413 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations WHERE REQUIRED BY WRITTEN CONTRACT,BUT ONLY WHEN COVERAGE FOR THE COMPLETED OPERATIONS IS SPECIFICALLY REQUIRED BY THE CONTRACT. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the"products- completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the.applicable Limits of Insurance shown in the Declarations. POLICY NUMBER:,Al CG49571407 COMMERCIAL GENERAL LIABILITY CG 20 28 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: i COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Persons Or Organization(s) E f Information required to complete this Schedule,if not shown above,will be shown in the Declarations. i A. Section fl — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, this insurance does not apply organization(s) shown in the Schedule, but only to any 'occurrence" which takes place after the with respect to liability for"bodily injury", "property equipment lease expires. damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s). i' r CG.20 28 07 04 ©ISO Properties, Inc.,2004 Page 1 of 1 0 t- i. Policy!1,A1 CG49571407 COMMERCIAL GENERAL LIABILITY CG 20 38 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II-Who Is An Insured is amended to include as an additional insured: 1.Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2.Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury"caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b.Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or"personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others.by that insured, if the"occurrence"which caused the"bodily injury" or"property damage", or the offense which caused the"personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2. "Bodily or"property dama e" occurring after: Y 9 9 a.All work, including materials; parts.or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or' b. That portion of"your work"out of which the.injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is.added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in-the Declarations. ©Insurance Services Office, Inc. ©Insurance Services Office,Inc. .POLICY NUMBER: Al CG49571407 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: E COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: WHERE REQUIRED BY WRITTEN CONTRACT. k e i r Information required to complete this Schedule, if not shown above will be shown in the Declarations. t The following is added to Paragraph S. Transfer Of Rights Of Recovery Against Others To Us of Section IV--Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. i l` f: 4 • 4: CG 24 04 05 09 m insurance Services Office, Inc.,2008 Page 1 of 1 13 i OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Location(s)of Covered Operations Or Organization(s): As required by written contract. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance Is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location, If so,we will share with that other insurance by the method described in paragraph 4,c.of Section IV—Commercial General Liability Conditions. All other terms and conditions remain unchanged, Named Insured Valentine Corporation Policy Number A1C(i49571407 Endorsement No. Policy Period 0/30/14, to Endorsement Effective Date: 0/30/15 Producer's Name: Producer Number: AUTHORIZESEv'v NTATIVE DATE -/-� -Q� CG EN GN 0029 09 06 i OLD REPUBLIC GENERAL INSURANCE CORPORATION CANCELLATION OR NON-RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. t-� THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM f COMMERCIAL GENERAL LIABILITY COVERAGE FORM PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART e cancel or non-renew this policy for an reason other than non-payment, we will deliver notice of the If w P Y Y cancellation or non-renewal to all Specified Persons or Organizations on file with us thirty (30 ) days prior to the effective date of cancellation or non-renewal. If we cancel this policy for non-payment,we will deliver notice of the cancellation to all Specified Persons or Organizations on file with us ten (10 )days prior to the effective date of cancellation. If notice is mailed, proof of mailing will be sufficient proof of notice. i Named Insured VALENTINE CORPORATION Policy Number Al CG49571407 Endorsement No, 000 Policy Period (9/30/14-09/30/15 E Endorsement Effective Date: '09/30/14 Producer's Name: OLb REPUBLIC CONSTRUCTION INSURANCE AGENCY, INC. Producer Number: 0000007000 _ AUTHORIZED REPRESENTATIVE DATE IL EN GN 0004 09 11 Page 1 of 1 i I POLICY NUMBER: ,Al CA49571407 COMMERCIAL AUTO CA 20 0103 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE . This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: VALENTINE CORPORATION Endorsement Effective Date: 09/01/14 Countersignature Of Authorized Representative Name: Title: Signature: Date: CA 20 0103 06 0 ISO Properties, Inc.,2005 Page 1 of 3 SCHEDULE Insurance Company: OLD REPUBLIC GENERAL INSURANCE CORPORATION Policy Number: Al CA49571407 Effective Date: 09/30/14 Expiration Date: 09/30/15 Named Insured: VALENTINE CORPORATION Address: l 1 I PELICAN WAY SAN RAFAEL,CA 94901 Additional Insured(Lessor): WHERE REQUIRED BY WRITTEN CONTRACT OR LEASE AGREEMENT.**SEE CAAEC00020906-ITEM THREE Address: j Designation Or Description Of"Leased Autos": j l Coverages Limit Of Insurance Liability $ 11000,000 Each"Accident' Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus Comprehensive $ ** Deductible For Each Covered"Leased Auto" Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus Collision $ ** Deductible For Each Covered"Leased Auto" Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus Specified Causes Of Loss $ Deductible For Each Covered"Leased Auto" i j Information required to complete this Schedule if not shown above will be shown in the Declarations, 1 A. Coverage . 2. For a "leased auto"designated or described in 1. Any "leased auto" designated or described in the Schedule, Who Is An Insured Is changed the Schedule will be considered a covered to include as an"insured"the lessor named in "auto" covered "auto" the Schedule. However, the lessor is an "in- sured"you you only for bodily injury or property dam- hire or borrow, age"resulting from the acts or omissions by: a. You; b. Any of your"employees"or agents;or c. Any person, except the lessor or any "em- ployee" or agent of the lessor, operating a "leased auto"with the permission of any of the above. I' I Page 2 of 3 0 180 Properties;Inc.,2005 CA 20 0103 06 ".,._... -- - ..Y.�.�...,__.v._....�w...............�_..:.�..:..w..,.....e,:.e.__._ '_ ....:,_�.:..�,.-r.-.w,..,....>.__�_v___::.•_v_sv:,.-....:_..� ....._.�,..:-�•r:.sso.�rw�..,.-.w...ti..�-s:._:r..�•:r...�.•.r.-.-�rxv.e,.•.,.vr._.....- :.a... 3. The coverages provided under this endorse- D. The lessor is not liable for payment of your premi- ment apply to any "leased auto" described In ums. the Scheduie until the expiration date shown In E. Additional Definition the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", As used in this endorsement: whichever occurs first. "Leased auto"means an"auto"leased or rented to i B. loss Payable Clause you, including any substitute, replacement or extra I pay, as Interest may a "auto" needed to meet seasonal or other needs, 7. We will i p y y ppear, you and under a leasing or rental agreement that requires the lessor named in this endorsement for loss you to primary sor. provide direct prima insurance for the les- to a"leased auto". . 2. The insurance covers the interest of the lessor unless the"loss"results from fraudulent acts or omissions on your part. j 3. If we make any payment to the lessor, we will I obtain his or her rights against any other party. i C. Cancellation 1. If we cancel the policy,we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor, 3. Cancellation ends this agreement. • I j` k5 lc CA 20 0103 06 ©150 Properties, Inc.,2005 Page 3 of 3 „ POLICY NUMBER: Al CA49571407 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are "insureds"for Covered Autos Liability Coverage 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 effective on the inception date of the policy unless another date is indicated below. Named Insured: Valentine Corporation Endorsement Effective Date: 09/30/14 SCHEDULE Name Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 ------------- POLICY NUMBER:Al CA49571407 COMMERCIAL AUTO CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Valentine Corporation Endorsement Effective Date: 09/30/14 SCHEDULE Name(s)Of Person(s)Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the'loss" under a contract with that person or organization. CA 04 44 03 10 0 Insurance Services Office, Inc.,2009 Page 1 of 1 13 I OLD REPUBLIC GENERAL INSURANCE CORPORATION CANCELLATION OR NON-RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM (_ COMMERCIAL GENERAL LIABILITY COVERAGE FORM PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART If we cancel or non-renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non-renewal to all Specified Persons or Organizations on file with us thirty (30 ) days prior to the effective date of cancellation or non-renewal. If we cancel this policy for non-payment,we will deliver notice of the cancellation to all Specified Persons or Organizations on file with us ton ( i p)days prior to the effective date of cancellation. j I If notice is mailed, proof of mailing will be sufficient proof of notice. I Named Insured VAI ENTINE CORPORATION Policy Number Al CA49571407 Endorsement No. D00 Policy Period 09130/14-09/30/15 Endorsement Effective Date: 09/30/14 Producer's Name: OLD REPUBL'I'C CONSTRUCTION INSURANCE AGENCY, INC. Producer Number: _0000007000 i i AUTHORIZED REPRESENTATIVE DATE' IL EN ON 0004 09 11 Page 1 of 1 i OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT j THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS'COMPENSATION AND EMPLOYERS'LIA51LITY INSURANCE We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or Indirectly to benefit anyone not named In the Schedule. G Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement Is $0.00 k I i t Named Insured VALENTINE CORPORATION Policy Number Al CW49571407 Endorsement No. Policy Period Endorsement Effective Date: 10/1/14 to 10/1/15 10/1/14 Producer's Name: OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY,INC. Producer Number: I: i•. AUTHORIZED REPRESENTATIVE DATE WC 99 0315(09106) r . 4• i • i•i I C; Policy Number: Al CW49571407 I OLD REPUBLIC GENERAL INSURANCE CORPORATION WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Cancellation or Non-Renewal to Specified Persons or Organizations Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, - THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: t= WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE If we cancel or non-renew this policy for any reason other than non-payment,we will deliver notice of the cancellation or non-renewal to all Specified Persons or Organizations on file with us (30)thirty-clays prior to the effective date of cancellation or non-renewal. If we cancel this policy for non-payment,we will deliver notice of the cancellation-to all Specified Persons or Organizations on file with us (10)ten days prior to the effective date of cancellation. If notice is mailed, proof of mailing will be sufficient proof of notice. i I WC 99 03 58 (01111) i i CITY OF Project No.2014-06 C U P E RT I N O INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract,the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. City of Cupertino 00530-2 Insurance Forms Sports Center Tennis Court Retaining Wall Repair i Project No.2014-06 LIMITS 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. Valentine Corporation By: -�- (Contractor's Name) Robert 0 Valentine Jr Dated: I r)��y 201(f City of Cupertino 00530-3 Insurance Forms Sports Center Tennis Court Retaining Wall Repair CITY OF Project No.2014-06 CUPERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract,the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. i City of Cupertino 00530-2 Insurance Forms Sports Center Tennis Court Retaining Wall Repair Project No.2014-06 LIMITS 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. Valentine Corporation By: (Contractor's Name) Robert 0 Valentine Jr Dated: /0 dC) 20J�f City of Cupertino 00530-3 Insurance Forms Sports Center Tennis Court Retaining Wall Repair CITY OF IIIProject No.2014-06 C U P E RT I N O INSURANCE-AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract,the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. City of Cupertino 00530-2 Insurance Forms Sports Center Tennis Court Retaining Wall Repair Project No.2014-06 LIMITS 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. Valentine Corporation By: (Contractor's Name) Robert 0 V1a_len�ine Jr Dated: d 120 ' f 20_ City of Cupertino 00530-3 Insurance Forms Sports Center Tennis Court Retaining Wall Repair v. CITY OF SPORTS CENTER TENNIS COURT RETAINING WALL REPAIR PROJECT NO.2014-06 CONTRACT CHANGE ORDER NO. 01 CUPERTINO DATE: 01/21/2015 /"�G,G � � ��o• 9 X52•�3� Contractor: Valentine Corporation 11lPelican Way San Rafael, CA 94901 The following changes are hereby approved,notwithstanding language in any attachment to the contrary,Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay,impact, inefficiency,acceleration,extended overhead,increased supervision,compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. Change City Field Description $659.98 No. Authorization No. Product substitution: Substitute Simpson SET XP Epoxy for Substitution Request Hilti-HY 200 Epoxy 0.00 01 Concrete patch voids on existing pilaster to provide a smooth FA 002 surface aligned with surrounding pilaster face. 659.98 Change Order 01 Page 1 r SPORTS CENTER TENNIS COURT RETAINING WALL REPAIR PROJECT NO.2014-06 CONTRACT CHANGE ORDER NO. 01 Total Change Order No. 01 $ 659.98 Total Project: Original Contract $188,369.00 Change Order No. 1 $659.98 $659.98 Revised Contract $189,028.98 Total Change Orders $659.98 Schedule Impact: 0 calendar days Project Final Completion Date: January 27,2015 REVIEWED BY: APPROVED BY: r4rv� r.. City of Cupertin U Cerry�of Cupertino Carmen Lynaugh Timm Borden City Project Manager Director of Public Works Date: Date: 1 Gil ne Building Company Valerine Corpor 'on G enn R ockk Amit Davoodi Senior Project Manager Project Manager Date: 5 Date: Change Order 01 Page 2 r + Project No.2014-06 DOCUMENT 00660 SUBSTITUTION REQUEST FORM To: The City of Cupertino, A Municipal Corporation of the State of California("City") Project: SPORTS CENTER TENNIS COURT RETAINING WALL REPAIR Contractor:Valentine Corporation Subcontractor/Supplier:Construction Supply Store (typ) Drawing Sheet Reference/Detail No:SECTIONS A-E, G /S2 The undersigned Bidder submits for consideration the following equipment instead of the specified item for the above project: Section Paragraph Specified Item 03 30 00 2.04-E. Hilti-HY 200 Epoxy Proposed Substitution:Simpson SET XP Epoxy The undersigned encloses the information required herein. If this Document 00660 is being submitted by a Bidder wishing to use"or equal"item(s)as provided in Document 00200(Instructions to Bidders),the undersigned Bidder must also enclose the technical information (other than cost) otherwise required for a post-Award of Contract Request for Substitution("RFS")under Section 00700(General Conditions). However,If this Document 00660 is being submitted under provisions of Contract Documents after Award of Contract, the undersigned Contractor must include all information required under Section 00700(General Conditions). The undersigned has(a)attached manufacturer's literature,including complete technical data and laboratory test results, if applicable,(b)attached an explanation of why proposed substitution is a true equivalent to specified item,(c)included complete information on changes to Drawings and Specifications that the proposed substitution will require for its proper installation,and(d)filled in the blanks below: i A. Does the substitution affect dimensions shown on Drawings? NO. B. Are the manufacturer's guarantees and warranties on the proposed substitution items identical to those on the specified items? If there are differences,please specify each and every difference in detail. NO. I C. What effect does the substitution have on other contractors,trades,or suppliers? i NONE. i City of Cupertino 006601-1 Substitution Request Fonn Sports Center Tennis Court Retaining Wall Repair i Project No.2014-06 D. What are the differences between the proposed substitution and the specified item? If proposed substitution has a color or pattern, provide a color board showing proposed substitution in relation to the other adjacent colors and patterns. NONE OTHER THAN BRAND. E. Will granting the requested substitution cause any schedule delay? (1f yes,please explain) 1 � C) The undersigned Bidder certifies that the function,appearance,and quality of the proposed substitution are equivalent or superior to those of the specified item. Submitted by: Valentine Corp. For Use by City: Bidder/Contractor x [note applicable] Accepted Accepted as Noted Not Accepted Received Tao Late i Signature Amir Dav odi By, Name try's Representative 111 Pelican Way Dater Address Remarks: San Rafael,CA 94901 City/State/Zip Telephone; 415-453-3732 Date: 11/14/14 END OF DOCUMENT City of Cupertino 00660-2 Substitution Request Form Sports Center Tennis Court Retaining Noll Repair CITY OF III CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS CUPERTINO FIELD AUTHORIZATION Project Name: Sports Center Tennis Court Retaining Wall Repair Date: 01/12/15 Location:21111 Stevens Creek Blvd F.A.No: 002 Contractor:Valentine Corp Project No: 2014-06 Address: 111 Pelican Way File No: 92,053.07a San Rafael,CA 94901 P.O.No: Description of Work: Concrete patch voids on existing pilaster to provide a smooth surface aligned with surrounding pilaster face.See attachment for void locations Method of Payment: (x)Lump Sum not to exceed$_J 000.00 ( )Time and Materials ( )Tune and Materials not to exceed$ ( )Quantity Adjustment Contract time will be(increased) (decreased)by ( 0 )days.Adjustments, if any,will be included in a Change Order after completion of the Work described above. Applicable Specifications: CALTRANS { ) City Standards ( ) Other per contract Rev�e,ve by f -� Approve by- GIF94 Rock,Construction Manager Contra is Re res ave Reviewed by: Approved by: Bru i'-o rd-L Project Manager Tinnn Bo de , irector of Public Works I k t t � AM d f fi; gVt amp UO NN rNga rt i� yi 111IMM � � r kik ' �%§��' •��C ri :-�+S'3 §. 7' i.' 4f"'brJha coati { 1� !VIP x f ys•'s't Fd a ?> f s rm KL G2 A Tom �': � � h mak'`r'➢ JOB:7220 City of Cupertino-Public Works Cupertino Sports Center Tennis Court Retaining Wall Repair DAILY EXTRA WORK REPORT Project No.2014-06 _ REPORT NO. NPC-02 ,. MOD or Claim#:_NPC-002 DATE PERFORMED 01713/15 DATE OF REPORT 01/19/15 WORK PERFORMEDsy:Valentine Corporation DESCRIPTION OF WORK Concrete patching of existing pilaster's surrounding face per Field Authorization#002. SALARY+ EXTENDEDHOURLY(w/ MATERIALS&EQUIPMENT AND/OR WORK DONE BY SPECIALIST EXTENDED P.R.NO. LABOR HOURS VACATION SALARY+ taxes/insur) EXTENDED AMOUNT RATE VACATION RATE AMOUNT RATE DESCRIPTION NO.UNIT UNIT COST- Dave WurmREG 4 $ 47.76 $ 191.04 $ 84.21 $ 336.84 PDF-02 ---------- ---- -_ -- ------- ------- - ------ $ White Cao: Patching'Mtris l ` w, POF OT 68.99 $ 69.09$ 97.21 REG . -------------- OT ---- ------- ------- ------- - ------ REG , -------------- OT -- - ----- ------- ------- ------- REG . _- ----------------------- -- ------ ------- ------- ------- TOTAL MATERIALS&EQUIPMENT COST B $ 97.21 OT CONSTRUCTION EQUIPMENT REG -------------- EG ---- -- ----- ------- ------- ------- EQUIP.NO DESCRIPTION HOURS RATE OT 87-TRUCK Formans Pickup 3/4ton 4 $ 21.78 $ 87.12 REG -------------- OT ---:- -- ----- ------- ------- ------- REG -------------- OT ----- -- ------ ------- ------- -------- REG - -�T--- ------- ------- ------- - ------ REG ' ------------- ---' -- OT ----- ------- ------- - ------ SUBTOTAL SUBTOTAL $ 336.84 TOTAL CONSTRUCTION EQUIPMENT COST C $ 87.12 HAULING OF CONSTRUCTION EQUIPMENT DESCRIPTION NO.UNIT UNIT COS TOTAL HAULING OF CONSTRUCTION EQUIPMENT COST D 33 %MARKUP ON LABOR COST (A) $ 111.16 15 %MARKUP ON MATERIALS&EQUIPMENT COST (B) $ 14.58 15 %MARKUP ON CONSTRUCTION EQUIPMENT COST (C) $ 13.07 0 %MARKUP ON HAULING OF CONSTRUCTION EQUIP (D) TOTAL THIS REPORT $ 659.98 For instructions,see reverse side. d✓ ¢ � 011 iiar � t 0 #o of, YOU ARE HEREBY ALITHOIAtZE070 PROCEED WITH THE toP Of)m"to be Potion Reference Drawing No M1 � r Stt i h(Timt3 f`a]Ployee Name Craft Sub Hours Rate Htwrr -Rate >,:"'Fkaw r4�F, Material Description Quantity- ». Unit _ Price ��i�rr�unt Totm T Eruipmant Hours Rats aJ��uni otzi The above Record is complete and corrc�t PerkwmadBy' __..____ --- ContracicartSubcontracto S.Representativ��lN�_ Accepted R, P '�: OwneriContractor's Ropreseniative Purchase Order 110, Grail Designation: G.F roremrn) 1C.(Journupman("aipi'nie4) OVR(01-cfatiAg Foreman{ L. (Liborer) APP (APPrV(tw€r) P.D.(Pk' Dovaf) CW (Cc ment fl?Gnl HODSUPPLY, INVOICE CONSTRUCTION&INDUSTRIAL BRANCH ADDRESS _(Nvft!E�NMbE!l WHITE CAP 035-SAN JOSE 10002886817 (408)428-2000 NVbidt dAtE Credit Services 501 W.Church Street, Orlando,FL 32805-2247 595 BRENNAN STREET SAN JOSE CA 95131 01/08/2015 CbST61VltRiP0r.NUMf3tk 7220 1 ENROLLMENT TOKEN'I HKXDSK MRV TERRITORY: PLEASE REMIT PAYMENT TO; SOLD TO: 7474000 SHIP TO: 10000595758 HDS WHITE CAP CONST SUPPLY 88811 AB 0A06 E0027X 10039 01200580887 P2365295 0001:0002 P.O.BOX 6040 CYPRESS,CA 90630-0040 111111 1111 Jill I 111111 Jill III VALENTINE CORP CUPERTINO RETAINING WALL PO BOX 933721 Ill STEVENS CREEK BLVD JAN 14 2o15 CUPERTINO CA 95014 SAN RAFAEL CA 94912-9337 f Valentine Corp. ORDER bxl�t bkbER:46. bkjtR9_A-- , dyP 01108/2015 15527284 DAVE WURM WHITE,ANDY A KHAN, MOHD N BRANCH ACCT JDB.NOs TERMS -:^ SHIP VIAS/ROUTIPI_Ca CUSTOMER JOB NO. 035 10000595758 1.5% 10 DAYS NET 30 5.WALK IN CUPERTINO LINE PART NUMBER DESCRIPTION QTY:ORD UNIT-PRICE oTYBKO QTYSHP EXTENDED TAX PRICE AMT 1 227PCT1294 94LB TYPE IM PORTLAND CEMENT 1 10.27 BAG 0 1 10.27 0.9 2 433LL60 100LB#60 LAPIS LUSTRE SAND- Lo,1::, 2 8.05 BAG 0 2 16.10 1.4 3 444BRI1775 4X9 GROUT FLOAT W1 PLASTIC HANDLE 1 7.90 EA 0 1 7.90 0.6 BRIGADE 4 196236 4"LOW COST PAINT CHIP BRUSH DOUBLE 3 3.19 EA 0 3 9.57 0:12 THICK MAGNOLIA BRUSH' 5 208CF283 20G 6"X3"XI"RUB BRICK.KRAFT- 1 15.19 EA 0 1 15.19 1.2 6 255WCGLUE1 1GAL WC CONCRETE PVA GLUE SPECCHEM"10,11 1 17.10 GAL 0 1 17.10 1.4 7 317GS34 3/4"STEEL BANDING CLIPS 1M/BX-'.I I' 34.05 BOX 0 1 34.05 2.9 8 317MP1300 518"-314"STEEL BANDING TENSIONER--L.1 1 180.30 EA 0 1 180.30 15.7 9 317FDN34 3/4"STEEL BANDING SEALER CRIMPER,---e-.g 1 77.10 EA 0 1 77.10 6.7 10 196RG5602WCL LID ONLY FOR RG560OWC BUCKET- 1 2.09 EA 0 1 2.09 0.1 11 196RG560OWC 5GAL CLEAR BUCKET PRIVATE LABEL- 1 3.99 EA 0 1 3.99 0.11 12 433WC94 94LB WHITE PORTLAND CEMENT-?_0.ZA 1 16.75 BAG 0 1 16.75 1.4 APPROVED Ar> ive I- 2-2,0 -1 V P'P�, For questions regarding this invoice please call 1-800-WHITECAP TOTAL GROSS 390.' (1-800-944-8322). NO REFUNDS OR EXCHANGES ON NON STOCK MERCHANDISE TOTAL TAX 34.1 Visit hftp://whitecap.r-om/misc/terms-and-conditions.pdf to view complete terms and TOTAL SHIPPING 0.( conditions. AND HANDLING RECEIVED BY: SIGNATURE COPY ON FILE TOTAL INVOICE 424.,r Please verify that the-remitto.acldressyqy are Using agrees.to-the address showmat the,top ofI Page 1 Ofthis Ryq!qe. 0001:0002