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03-057 Civic Center/Library Proj 2003-9222, Swinerton
r Y RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 WI'YI~'~W'~WINVIiV~~YNI~'~~ , '"~~s°°° BR=NDA DAVIS RDE # 006 SAVTA CLARA CGUNTY RECORDER 5/19/2005 Recorded at the request of 2 57 PM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE INACCORDANCE WITH GOV. CODE 6103 CERTIFICATE O:F COMPLETION AND NOTICE OF ACCEPTAI`1CE OF COMPLETION CIVIC CENTER AND LIBRARY PROJECT -PHASE 2 PROJECT NIA. 2003-9222 ~~. ~7~ U Original O For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 PUBLIC WORKS DEPARTMENT CERTIFICATE OF' COMPLETION ANJD NOTICE OF ACCEPTANCE OF COMPLETION CIVIC CENTER AND LIBRARY PROJECT-PHASE 2 PROJECT N0.2003-9222 NOTICE IS HEREBY GIVEN THAT I, lZalph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, C~ilifornia, do hereby certify that the work and improvements in hereinafter described in the contract which was entered into, by, and between the City of Cupertino and Swinerton Builders on July 8, 2003, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered on Apri15, 2005. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all ;~s more particularly described in the plans and specifications for said project. 1 W~ Director of Public Works and City Engineer of the City of Cupertino Date: Apri16, 2005 Printed on Recycled Paper VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge,l:he information contained herein is true and complete. I verify under penalty of perjury under thE; laws of the State of California, that the foregoing is true and correct. Executed on the 28`'' of April, 2005 at Cupertino, California. ~~ ~. ~~~ Administrative Clerk City of Cupertino ProjectNo.2003-9222 DOCUMENT 00520 ~ 3 - ~ AGREEMENT J THIS AGREEMENT, dated this ~ day of u~ 2003, by and between Swinerton Builders whose place of business is located at 1995 Laurelwood Road, Santa Clara, CA 95054 ("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, awazded on the 16th of June, 2003 to the Contractor the following Project: PROJECT NUMBER 2003 - 9222 THE CIVIC CENTER AND LIBRARY PROJECT -PHASE 2 NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Terry Greene, City Architect, to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general 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 David Marks of Nova Partners, Inc. to act as Constmction Manager. City may assign all or part of the City Representative's rights, responsibilities and duties to Construction Manager. City may change the identity of the Constmction Manager at any time with notice and without liability to Contractor. 2.3 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 1030 Tone 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. Contractor shall commence Work on the date established in the Notice to Proceed. City reserves the right to modify or alter the Commencement Date of the Work. Contractor shall achieve Substantial Completion of Milestone #1 ("CommuniTy Hall Building and Arcade`) 400 Days from the date when the Contract Time commences to run as provided in Document 00700 (General Conditions). City of Cupertino Civic Center and Library Project -Phase 2 00520 - 1 Agreement 6/17/03 ProjectNo.2003-9222 Contractor shall achieve Substantial Completion of Milestone #2 ("Library, Site Work and Plaza") within 430 Days from the date when the Contract Time commences to run as provided in Document 00700 (General Conditions). Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 01770 (Contract Closeout) within 460 Days from the datr when the Contract Time commences to nm as provided in Document 00700 (General Conditions). The above listed vroiect dates run concurrently and begin from the vroiect commencement date. 3.2 Liquidated Damaees. City and Contractor recognize that time is of the essence in this Agreement 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 Article 15 of Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $2,500 for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of Milestone No. 1, until achieved. 3.2.2 $2,500 for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of Milestone No. 2, until achieved. 3.2.3 $2,500 for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved. 3.2.4 Three Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City~s satisfaction is beyond Contractofs control. 3.2.5 Six 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 fails to demonstrate to City~s satisfaction is beyond Contractor's control. These measures of liquidated damages for shall apply cumulatively and except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cove 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. City of Cupertino Civic Center and Library Project -Phase 2 00520 - 2 Agreement 6/ 17/03 Project No.2003-9222 Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum of $ 15,042,000.00 (Fifteen Million Forty Two Thousand Dollars and No Cents) for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: Mazked "EXHIBIT A" The Contact Sum includes the Base Bid and Alternates No. 1, 2, 3, 4, 5, 6, and 7. BASE BID $ 14,695,000.00 ADD ALTERNATE NO. 1 55,000.00 ADD ALTERNATE NO.2 15,000.00 ADD ALTERNATE NO. 3 95,000.00 ADD ALTERNATE NO. 4 65,000.00 ADD ALTERNATE NO. 5 50,000.00 ADD ALTERNATE NO. 6 7,000.00 ADD ALTERNATE NO. 7 60 000.00 TOTAL CONTRACT $15,042,000.00 Article 5. Contractor's Representations In order to induce City to enter into this Agreement, 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 mammer 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 and Existing Conditions), or which may appeaz in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, Underground Facilities and all other physical conditions at or contiguous [o the Site or otherwise that may affect the cost, progress, performance or famishing of Work, as Contractor considers necessary for the performance or famishing 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 aze 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. City of Cupertino Civic Center and Library Project -Phase 2 00520 - 3 Agreement 6/17/03 Project No.2003-9222 5.7 Contractor has duly authorized the execution, delivery and performance of this Agreement, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, agreement, order or decree binding on Contractor. 5.8 Contractor has listed the following Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq.: See attachment marked "EXHIBIT A" Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00510 Notice of Awazd Document 00520 Agreement Document 00530 Insurance Document 00550 Notice to Proceed Document 00610 Construction Perfom~ance Bond Document 00620 Constmcton Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00670 Escrow Bid Documents Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Supplementary Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Specifications City of Cupertino Division 1 General Requirements dated 4/18/03 section 0110, 01200, 01250,0135,01320,01330,01350,01410,01411,01420,01455,01500,01540,10600, 01715, 01740, 01770, 01780 Technical Project Specifications Divisions 2 through ]6 as prepazed By SMWM dated 4/18/03. Drawings - SMWM drawings dated April 18's, 2003 Issued for bid. Addendums No. 1 issued May 8, 2003, No. 2 issued May 30, 2003 and No. 3 issued June 5, 2003 6.2 There aze no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 (Geotechnical Data 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 Agreement aze defined in Document 00700 (General Conditions) and Section 01420 (References and Definitions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance aze the persons signing this Agreement for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Agreement 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 seg. 7.4 The Contract Sum includes all allowances (if any). City of Cupertino Civic Center and Library Project -Phase 2 00520 - 4 6/17/03 Agreement Project No2003-9222 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 awazding 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 Camvright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), azising 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 Califomia Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's ofI-ice, and shall be made available to any interested patty 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 Agreement or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declazed invalid, void or unenforceable, all remaining parts, temts 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 Agreement and the Contract Documents may be deemed valid and binding ageements, enforceable in accordance with their temts 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 ]aw, 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 Agreement and the Contract Documents shall be deemed to have been entered into in the County of Santa Claza, State of Califomia, and governed in all respects by Califomia law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Claza County. Both parties hereby waive their rights under Califomia 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, and Chapter 5. City of Cupertino Civic Center and Library Project -Phase 2 00520 - 5 6/17/03 Agreement Project No.2003-9222 IN WITNESS WHEREOF the parties have executed this Agreement in triplicate the day and yeaz fast above written. CITY OF CUPERTINO CONTRACTOR: CITY OF CUPERTINQ a Municipal Corporafion of the Contractor's name State of California _ [Signature] Attest: '~'~~K~ [Please print name here] City Clerk ~ / Approved as to form by City Co 1: Title: V 1 C_C. ~/~1S/CW 1yV'fNt u<~- [If Corporation: Chaimran , Presi ent, or Vice President] ity Attorney BY: ' ' ~ ~1 [Signatur I hereby certify under penalty of perjury that [David W. L. -I N M ~ "I Knapp of the City of Cupertino was duly authorized to [Please print name here] y / execute this document on behalf of the City of Cupertino by ~(,tl~l-L-f/Ll~.l. ~ Can a majority vote of the City Council on June 16, 2003 Title: [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] Dated: < ~ ~ Z ~ A T G) Z ~ C Zq State Contractor's License No. Classification 31/03 ~~f-1~9q~3o avid W. Knapp, City Manage f the City of Cupertino, a Ex cation Date Taxpayer H) No. Municipal Corporation of the State of California Designated Representative: 'T Name: Name: ~ s o ~ , o ~ Title: Title: Prod t Address: Address: 1595 ~~..-r~~ wv~~.l. ~Zc._A. Phone: Phone: ~-1 of 5~7 - 9 ~ 55 Facsimile: Facsimile: `ioY 54.7- 9751-1 PROJECT NAME: CMC CENTER PROJECT NOTARY ACKNOLEDGMENT IS REQUIRED. IF A PROJECT NO. 2003-9222 CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDGEMEN'T' AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED CONTRACT AMOUNT: $15,042,000.00 ACCOUNT NUMBERS: 423-9222-9300 - $ 11,642,145.00 420-9223-9300 - $ 2,463,733.00 420-9224-9300 - $ 936,122.00 FII.E NO : 51,203.07 City of Cupertino END OF DOCUMENT Civic Center and Library Project -Phase 2 00520 - 6 Agreement 6/17/03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF Santa Clara 1 On June 27.2003 before me, Mazibel Castillo. Notary Public . DATE NAME, TITLE OF OFFICER- E.G., "JANE DOE, NOTARY PUBLIC" personally appeared, Ed Blanke personally known to me (or 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. WITNESS my hand and official seal. p' MARIBEL CASTILLO coMna # Ia3a+9I ~ • NO7ARY PUBUC-CALIFORNIA ( SEAL) ~ SANiA CLARA COUNTY O ARY PUBL C SIGNATURE COMM. IXP. NOV. 20, 20051 OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On July 3, 2003 before me, Gail C. Sokol, Notary Public, personally appeared********** LynMGray*************** personally known to me - OR - ? proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the GAIL C. SOKOL person, or the entity upon behalf of which Q COMM.1~1370814 the person acted, executed the instrument. ~S NOTARY PU/LIC-CALIFORNIA IaGC COUNTY My m, ra Au{, 10; 2006 WITNESS my/~hand and official seal. ignature of Notary Project No. 2003-9222 DOCUMENT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS -SUBMIT IN TRIPLICATE 1. Insurance Agreement -Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the insurance agent for worker's compensation only. City of Cupertino 00530 - 1 Insurance Forms Civic Center and Library Project -Phase 2 4/ 18/03 Project No.2003-9313 0 CUPEI~TINO 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. D. Before Contractor performs any work at, or prepazes 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 cazrying 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 issued by a company admitted in California and having a Best's Guide Rating of A, Class VII or better. 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. City of Cupertino 00530 - 2 Insurance Forms Civic Center and Library Project- Phase 2 4/18/03 Project No.2003-9313 General Liability -commercial general liability; Combined single limit of $1.0 million per including provisions for contractual liability, occurrence; $2.0 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. Consultants only: Errors and Omissions liability. $1.0 million per occurrence. Builder's all Risk Amount equal to 100% of the contract price bid; $25,000 deductible is allowed ~e,~,L,c~-aN ~3yi~~c~~s By: c~~n~r~---- (Contractor's Name) Dated: 7 ~ Z- 20 Q3 City of Cupertino 00530 - 3 Insurance Fomvs Civic Center and Library Project -Phase 2 4/18/03 ua~zuizuo7.14:18 t:~tS 408 567 8759 SWiNERTDIV BUILDERS f~005/010 Ptioject Na 2003-9313 CUPEI~TINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the fallowing described policies have been issued to the insured named below and arc in force at this time. Insured: SFrinerton Builders Address: ovnsen treet San Francisco, 9 - 7 Description of operations/locations/products insured (show contract nameand/or number, if any): RE: Civic Center and Library Proiect. Job Ho.: PJIS 08530211 WORKER'S COMPENSATION * Statutory Min. * Employer's Zurich American Ins. Co. Liability (name of insurer) $,l,nno_noD ~ t ann non $l,ooo,ooo insurance Company's State License No. Check Policy Type: Each Occurrence 82,000,000 COMPREHENSIVE GENERAL LIABILITY [x ] Premiscs/Operations General Aggregate $ 2.000.000 {if applicable) (x] Owners & Contractors Protective Aggregate $ 2,000,000 [ ] Contractual for Specific Contract Personal injury [x] Products Liability [g] XCU Hazards [gJ Broad Form P.D. Fire Damage (any one fire) $1,000,000 [x] Severability of Interest Clause [ ] Personal Injury with Medical Expense $ 5,000 Employee Exclusion Removed (any one person) or Self-insured COMMERCIAL GENERAL LIABILITY Retention $ n/a St. Paul Fire S Marine (name of insurer) Policy No. RK08301329 Expiration Date o8/1/03 City Of Cupertino 00530 - 4 Lowrance Fomts C]vic Center and Library Project -Phase 2 4/16103 90'd ZS£i b86 Sib ~uawa6euaW >Is~a Hbb:SO £O-£Z-u~C vgrcurzuUa x9:19 b:4.1 408 567 9754 SR'INERT04 BUILDERS f~006/010 -I , ~ - ~ Pmjed No. 2003A]1] - AUTOMOTNENEHiCLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person £ach Accident Liability Coverage $ $ Each Accident St. Paul Fire S Marine (name of insurer) $ or Combined Singte Limit $ 1.000.000 Policy No. 1OL08301329 Expiration Date 8/01/03 BUILDER' S RISK ".ALL RISK" This is to certify that the following policy has been issued by the below-stated company in conformance with the requirements of the project documents and is in force at this time. (name of insurer) Policy No. Expiration Date Limits of Liability. Deductible: A copy of all Endorsements to the policy(ies) which in any way (agent's initial) limit the above-listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above policv(ies) provide liability insurance as required by the Agr~ee~m(~en~t~betw,e(~en the City aad the insured. By: ~ 11~Wa~e~l~ Dated: 06/26/03 ZO_ Attach Certificate of Insurance and Additional Insured Endorsement on company forms. Ciry of Cupcrttta 00530 - 5 Insurance Fortns Civic Crnter and Libreryy Project -Phase 2 4/18/03 90-d ZS£i bS6 Sib ~uawa6QUaW >Is~21 H5b=80 £O-£Z-urrC` Project No. 2003.9313 cm or CUPEI~TINO ADDITIONAL INSURED ENDORSEMENT and ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: Civic Center S Library Project, Job No.: PJIS 08530211 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees are hereby deciared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon ar.,: of *.h? prern!szs of the Citt~ in connection with th? Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insureds) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altzrcd, excep[ after thirty 0) days' prior Written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. POLICY INFOR1vIATION 1. Insurance Company: St. Paul Fire 6 Marine 2. Insurance Policy Number: RK08301329 3. Effective Date of this Endorsement: nR/nt /m _,___20_ 4. Insured: Svinerton-Builders All notices herein provided to be given by the Insurance Company to thz City in connection with this policy and these Endorsements, shall be mailed to or delie•ered to the City at 10300 Torre Avenue; Cupertino, California 95014. City oCCupertino 00530- 6 Insurance Fortes Civic Crnter and Library Project -Phan 2 4/t8.~03 ZO"d ZS£i b86 Sib ~uawa6auEW >Is~21 H95=80 £O-9Z-u~C uoizuizvua 19:20 FrLC 40S 567 9754 SNINERTON 8[11LDERS 0008/010 . - - . - Ptejeel Ho. 2603-9] 1 I,_ Ana flelle S. Bautista (prinVtypename) wananl that I have authority to bind the below listed Insurance Company and by my signature heroon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements famished to the District) Names of AgentlAgency: Gallagher Construction Services Title: Account Assistant Address: 580 California St., Ste. 1200 Telephone: 415-391-1500 San Francisco, CA 94104 Facsimile: 415-391-1882 Ciry of Cupertino 00530.7 Insurance Farms Civic Cenm and Library Project -Phase Z 41t8/O3 80-d Z8£7: b86 Sib ~uawa6auet„i ~Is~21 H5b=80 £O-£Z-u~C Ot1i2Qi'1GD3 19: Y1 FA1.408 567 9754 SN'1NER'fUN BI:iLDERS ~ 009%010 Projec[ No. 2003-9313 CUPEII,TINO COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROSECT Project Title and Number: CivicCenter and Library Project, Sob No.: PJIS 08530211 in consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsemmi modifies the insurance provided under the General i_iability Coverage part of the below-referenced policy ofinsurance. The general aggregate limit under LIMITS OF II~SCIRANCE applies separately to the project described as POLICY Ilr'FORMATION 1. Insurance Company: St. Paul Fire 6 19arine 2. Insurance Policy Number: RR08301329 3. Effective Date of this Endorsement- 08/01 20 02 4. insured: Strinerton Builders 5. Additional Inswed: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Ana Art 7 e S _ Rautista (prinUtype name) warrant that !have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. ~ ~ Signature of Authorized Representative: `I I ~l.C (Original signature required on all Endorsements furnished to the District) Names of AgcnUAgency: Gallaher Construction Services Title: Account Assistant Address: sRn rat; f.,,-.,;a sr s,,;ro t~nn Telephone: 41 S_3at _t 5(J~ a-,~,~~_..__:_~ n. n.. n. Facsimile: 41_5 391_1$82 City of Cupertino 00530 - B Insurance Forms Civic Center and Library I'rojeu -1'hsae 2 4116/03 60'd ZS£i b86 Sib ~uauta6EUeW ~s~b HSb=SO £O-£Z-urrC Oa/20/200) '14:21 FAY 408 567 9754 SR'INER'COV BLILDERS ~1010%ULO - ~ Projec No. 2003-9311 CUPEI~TINO WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE Projxt Title and Number: Civic Center and Library Project, Job No.: PJIS 08530211 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insumd, arising out of the performance of the above-referenced Comract. POLICY INFORMATION 1. Insurance Company: Zurich American Ins. Co. 2. Insurance Policy Number: WC 3696719-00 3. Effective Date of this Endorsement: 08/01/ 20~ 4. Insured: Srainerton Builders All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or debvered to the City at 10300 Torre Avenue; Cupertino, Califotmia 95014. I, Anx Bede S Bantixta (prinUtype name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so hind this Company. - Signature ofAuthorized R~presentative:~~]tia Q,w ~ u (Original signature required on all Endorsements shed to the District) Names of AgenUAgency: Gallagher Construction Services Title: Account Assistant 580 California St., Suite 1200 415-391-1500 Address: Telephone: San Francisco, Ca 94104 Facsimile: 415-391-1882 City oCCuperona 00530.9 Insurance Forms Civic Center and Libnay Project - Phase 2 4J1B/03 Oi-d ZS£i bS6 Sib ~uawa6euaW Nsit{t/9b=80 £O-£Z-u~C CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On June 2~i, 2gd3 before me, Susan Exline, Notary Public personally appeared - - - - - - - - - - - - - - - - -Ana Belle S. Bautista ?D personally known to me - OR - ? proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that SUSAN EXLINE by her signature on the instrument the COMM. #1324791 ~ U = m' = NOTARY PUBLIC-CALIFORNIAn person, or the entity upon behalf ofwhich a SAN FRANCISCO COUNTY ° the person acted executed the instrument. My Comm. Expires Oct. 12, 2005 ' WITNESS my//7h~~a/n7d and officCia/l///~s~//eJJal. ~ Signature ofNofary ~'ICORr CERTIFICATE OF LIABILITY INSURANCE aPID OATEIMMIDDflY) INERT 06/11/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gallagher Construction ONLY ANDGONFERSNORIGHTSUPONTHECERTIFICATE Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 580 California St., Suite 1200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco CA 94104-1098 Phone: 800-500-7202 Fax:415-391-1882 INSURERS AFFORDING COVERAGE INSURED INSURER A: St. Paul F1re & Mariae INSURER e: Zurich American Insurance Co. Swinerton Builders INSURER C: 260 Townsend Street INSURER D: San Francisco, CA 94107-1790 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER GATE MNVOD TIVE ATEYM~DD I N LIMITS GENERAL LIABILITY EACH OCCURRENCE E2, OOO, ODD A X COMMERCIALGENERALLIA8ILITV RK08301329 OS/O1/Ol 08/01/03 FIRE DAMAGE (Anyonerre) E1, 000, 000 CLAIMS MADE ~ OCCUR MED F~(P (Any one person) S 5 , D D D PERSONALBADV INJURY S2, OOO, DDD GENERAL AGGREGATE E 2, DDD, DDD GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPlOP AGG E4, DDD, DDD POLICY $ PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANVnuro XR08301329 08/01/01 08/01/03 IEeecdtlenq 51,000,000 ALL OW NED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S X HIRED AUTOS BODILY INJURY X NON-OW NED AUTOS (Per accltlent) S PROPERTY DAMAGE S (Per acUdent) GARAGE LIABILITY AUTO ONLY-FA ACCIDENT S ANV AUTO OTHER THAN FA ACC S AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE E OCCUR ~ CLAIMS MADE AGGREGATE S S DEDUCTIBLE E RETENTION E S WORKERS COMPENSATION AND X TORY LIMITS ER B EMPLOYERS'LIABILRY p]C 3696719-00 06/01/02 DB/01/03 E.L. EACH ACCIDENT E1,000,000 E.L. DISEASE - EA EMPLOYEE E 1, O OO , OO O E.L. DISEASE-POLICY LIMIT S1, DDD, DDD OTHER DESCRIPTION OF OPERATIONSA.OCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECWL PROVLSIONS GENERAL LIABILITY: Additional Insured per the attached G0322 8d. 9/97. R8: Civic Center and Library Project, Job No.: PJIS 08530211 Waiver of Subrogation applies as respects to the Workers' Compensation policy, as required by the contract. CERTIFICATE HOLDER N ADDffIONALINSUREO; INSURER LETTER:_ CANCELLATION CDPERTS SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL BNB6WBRi9MAIL ~SL DAYS WRTREN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Cupertino 103300 Torre Aveaue Cupertino, CA 95014 SZe~3~'`'--~/j-- AUTHORU:EO REPRESENTATNE / Ji L' [.rr-L Calla her Construction Svca ACORD 253 (7/97) ©ACORD CORPORATION 1988 acoRV CERTIFICATE OF LIABILITY INSURANCF~ CSR xx DATE (MMIDD/YY) INER5 06/11/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gallagher Construction ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 560 California St., Suite 1200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco CA 94104-1098 Phone: 800-500-7202 Fax:415-391-1682 INSURERS AFFORDING COVERAGE INSURED INSURER A: ATAeriC an Guarantee & Liab Ina INSURER B: Swinerton $llildera INSURER C: 260 Townsend Street INSURER D: San Francisco, CA 94107 INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER P LC FFEC LI XPI T DATE MMIDD/YY GATE MMIDD LIMITS GENERAL LVIBILT' EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CLAIMS MADE ~ OCCUR MED EXP (Any one person) S PERSONAL 8 ADV INJURY E GENERAL AGGREGATE E GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG E POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ee eccitlent) E ALL OW NED AUTOS SCHEDULED AUTOS BODILY INJURY S (Per person) HIRED AUTOS NON-OWNED AUTOS BODILY INJURY $ (Per acatlanq PROPERTY DAMAGE $ (Per ealtlenl) GARAGE LIABILRY AUTO ONLY-EA ACCIDENT E ANYAUTO OTHER THAN EA ACC $ AUTOONLY: AGG $ E%CESS LUIBILRY EACH OCCURRENCE E 5 r 0 0 0 r D O O A X OCCUR CLAIMS MADE CED 3991313-00 01/30/03 06/01/03 AGGREGATE 45,000rOOO E DEDUCTIBLE E RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT E E.L. DISEASE-EA EMPLOYE $ E.L. DISEASE-POLICY LIMIT $ OTHER DESCRIPTX)N OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS R8: Civic Center and Library Project, Job No.: PJIS 06530211. CERTIFICATE HOLDER N ADORIONAL INSURED; INSURER LETTER: _ CANCELLATION CDP$RTS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BU7 FAILURE TO DO SO SHALL City of Cupertino 1033 00 Torre Avenue IMPOSE NO OBDGATK)N OR LIABILRY OF ANV KIND UPON~ITHE INSURER, RS AGENTS OR Cupertino, CA 95014 REPRESENTATWES. ~~/~L~ `y~~~N ~ AUTHORIZED REPRESENTAT I CJC~.I yam, +/'~-~L ACORD25Sp/97) G811a her ConatructYoa 96ca- ®ACOR RPORATION 7988 ACORD EVIDENCE aFPROPERTY IN:S:UR~4NCE _ DATE,MhVDD/YT) oRIU Aa; 07/03/03 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER w~. 800-500-7202415-391-188 COMPANY Gallagher Construction Services Allianz Insurance Company 580 California St. Suite 1200 2350 Empire Avenue San Francisco CA 9104-1098 Burbank CA 91504 Galla her Construction Svca CODE: SUB CODE: CUSTOMER ID p: SWINERl INSURED LOAN NUMBER POLICY NUMBER AT03003000 Swinerton Bnilder8 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 260 Townsend St. 06/30/03 SO~O2~04 TERMINATED IF CHECKED San Franc 18C0 CA 94107 TNIS REPLACES PRIOR EVIDENCE DATED: :pRDPERTY:INPORMATION LOCATIOWDESCRIPTION ~COVERAGEINFORMATION COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builder's Riak Limit 15,042,000 10,000 Special Form: All Riak of Direct Physical Losa Subject to policy terms, conditions & exclusions . RENF.ARKS (I~clUding SpgyaF CondiHORS).~: RE: City of Cupertino, Civic Center & Library Project - Phase 2 eiwcsl.taswri?::: THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. -ADDLTIONALiNtERLST NAME AND ADDRESS ~ ~ MORTGAGEE ADDITIONAL INSURED X LOSS PAYEE City of Cupertino LOAN# 10300 Torre AVenue AUTHORIZED REPRESENTATIVE / Cupertino, CA 95014N/I I Gallagher Construction Svice .ACORD 27 (3/93::: » U~7ACORD:GORPORATION 199$:;>. Project No. 2003-9222 BOND N0. 08419631 DOC[IMENT 00610 SW3339 070-000-379 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND (`Bond's is dated ~~~y `b is in the penal sum of FIFTEEN MILLION. FORTY TWO THOUSAND AND NO/100ths ($15 042 000. 0) (which is Doti hundred percent of the Connect Price], and is entered into by and between the parties listed below ro ensure the faithful performmnce of the Construction Contract listed below. This Bond consists of this page and the Band Terms and Conditions, paragraphs 1 through 12, attached ro this page. Any singular reference ,,~ro~,~„,~ SiTIaeRTOet stm~>trts ("Contractor"). FIDSL.ITY AND DEPOSIT WMPANY OF `°"""""'l~SmetY") the of Cupertino, a Mumcipai Corporation of the State of California ("City'' or other pazty shall be ea~nsidered plural where gpplivable. *I1IiI7ZID STATES FIDIiLITY A4ID GUAR/ANLY'/f~ANY and LIBSICfY lHrLnAL IPSURANCH MANY CONTRACTOR: ~r~~'G?~- SUgETy_ SWIlI~tTON BUILDHRS SEE ATTACHED SIGNATURE PAGE. Name 199~~-/~~~.uxx~ n~ Name Address J Cr ~A I C~iK_/ J Principal Place of Business City/Stnte/Z.ilt ~ u-T7 City/State/Zip CONSTRUCTION CONTRACT: THE CIVIC CENTER AND LIBRARY PROJECT PROJECT NUMBER 2003-9222 At Cupertin1o, California. DATED J~~~- 20g~ in the Amount of $15,042,000. oo (we •'Penal Sum„) CONTRACTOR AS PRINCIPAL SURBTY Company: (Coop. Seal) Company: (Corp. Seal) SiIII~P] SEE ATTACHED SIGNATURE PAGE. Signahlre: ~~pp~~ ' / S1gRatU[e: Name and Tide: C. E]~L~l'U(Ci''S y , Name end Titlc: BOND TERMS AND CONDITIONS 1. Contractor and Surety, joiraly and severally, bind themselves, their heirs. executors, administrators, successors and • assigns ro City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor rnmplerely and properly performs all of iu obligatiotu under the Constnrctien Contract, Suzty sad 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 Connector Default under the Construction Contract pursuant ro the terms of the Construction Contract; and 3.2 City has agreed to pay the Balance of the Cotrtract Sum 32.1 To Surety in accordance with the terms of this Bond and the Construction Contracg or City of Ghpertiao 00610 - 1 Construction Performance Band Civic Center and Library Project -Phase 2 4118!03 Signature Page For Attachment to: Perforrnance Bond Bond Numbers: 08419631 Fidelity and Deposit Company of Maryland SW3339 United States Fidelity and Guazanty Company 070-000-379 Liberty Mutual Insurance Company Fidelity and Deposit Company of Maryland 560 Mission St., Suite 2400, San Francisco, CA 94105 Ph (415) 538-7363 Fax (415) 538-7366 By: to D. Mitchell, Attorney-in act United States Fidelity and Guaranty Company 100 California Street, CA 94111, Ph (415) 732-1400 Fax: (415) 732-1515 By: ' ette D. Mitc el , t ey-in-Fact Liberty Mutual I surance Company One Front Street, S Francisco, CA 94111, Ph (415) 782-8179 Fax (415) 395-9811 By: . Mitchell, Atto ey-i -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On June 25,.2003- before me, ' Tanet G. Rojo, Notary Public personally appeared - - - - - - - - - - - - - - - -Antoinette D. Mitchell- - - - - - - - - _ - - - - - Opersonally known to me - OR - ? proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and , JANET C. ROJO acknowledged to me that she executed the a ~ COMM. #1317395 ~ same in her authorized capacity, and that a ~ ~ NOTARY PUBLIC•CALIFORNIA o by her signature on the instrument the SAN FRANCISCO COUNTY My Comm. Expires Aug. 18, 2005 person, or the entity upon behalf of which the person acted, executed the instrument. WITNES~S~ "m~y~h/and and official seal. cvl~.til_ ~ . Signature of Notary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On Jane 25,:2003 before rne; Janet C Rojo,,Natary Public personally appeared.----------------AntoinetteD.Mitchell--------=-------- x?personally known to me - OR - ? proved to me on the basis of satisfactory evidence to be the person whose name is JANET C. ROJO i subscribed to the within instrument and o COMM. #1317395 v acknowledged to me that she executed the a ~ m NOTARY PUBLIC-CALIFORNIA o same in her authorized capacity, and that My c mmRAExpireS A0g O8 2005 + by her signature on the instrument the "P'~v~v~ person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Project No. 2003-9222 3.2.2 To a contractor aeiected ro perform the Construction Contract is accordance with the terms of this Band and the Construction Contract 4. When City has satisfied @re conditions of paragraph 3, Surety sha0 proatptly (within 30 days) std at 3urety's expense elect to take one of the folbwmg actions: 4.1 Arrange for Contractor, with eoaseat of City, ro perform and complete the Cotrsttuctioa Contract (but City may withhold convert, is which case the Surety must elect sa option descnbed in paragraphs 4.2, 4.3 or 4.4, br(ow); or 4:2 Undertake ro perform and complete the Conatmctioa Conract itself, through its agents or through independent contractor; provided, that Surety may not select Contractor as its agent or independent contractor without City's rnnsetu; or 4.3 Undertake ro perform and complete the Coastrtrction Contract by obtaining bids from qualified contractor acceptable ro City For a contract for performance and completion of the Consnttction Contract, and, upon deterr~ation by City of the lowest responsrble bidder, strange for a connect ro be prepared for execution by City and the connector seketed with City's concurrence, ro be secured with performance and payanent bonds executed by a qualified surety equit+almt ro the bonds issued on the Construction Connect; and, if Surety's obligatioffi defused m paragrph 6, below, exceed the Balance of the Cannact Sum, rhea Surety shall pay to City tlm amount of such excess; or 4.4 Waive its right to perform end coir>Qlete, strange for completion, or obtain a new coatracmr and with reasonable promptness under the citcr®staoces, and, after investigation and coasulmtioa with City, determine in good faith its nnnetary obligation to City under paragraph 6, below, for the performance and completion of the Coasrrucion Contract and, as soon u practicable after the amotun is detemtined, Larder paymem therefor ro City with full expla~tioa of the payment's calculation. If City accepts Surety's tender order this Paragraph 4.4, City gray still hold Surety liable for future damages slash unlmown or uoliquideted resulting floor the Contractor Default. If City disputes the amo,sm of Surety's tender ua~r this Paragraph 4.4, City tray exercise all remedies available to it at law ro enforce Surety's liability under paragraph 6, below. S. If Surety. does not proceed as provided in paragraph 4, above, flan Surety shall be deemed ro be in default on this Bond ten days after mcetpt of an additional written notice from City to Surety demanding that Surety perform its obligations order this Boad. At all tithes City shalt be entitled ro enforce avy remedy avat7abk ro City at law or under the Constirrction Contract including, without limitatioq sad 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 wntracror. 6. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum This monetary obligation sba0 augment the Balance of the Conaact Sum Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Constmction Contract. Surety's obligations shall include, but are not limited ro: 6.1 The responsibilities of Contractor under the Constiuction Contract for completion of the Construction Coatratt and correction of defective work; 6.2 The respoasrbi7ines of Conraaor under the Construction Contract ro pay liquidated damages, and for darmges for which no Liquidated damages are specified in the Construction Contract, actual damages caused by non-performarce of the Constnrct[on Ca¢mact including, tint not ]imtted ro, all valid and proper backchargcs, oftsas, PaY~tr, iadertmities, or other damages; 6.3 Additional legal, design professioml and delay costs reaulting~from Contractor Default or resulting floor tlu actions or failure ro act of the Surety under paragraph 4, above (but excluding attorney's fees incurred ro enforce this Bond). 7. No right of action shall accrue on this Bond ro any peron or entity other then City or its successor or assigns, City of Cupertino 00610 - 2 Construction Performance Bond Civic Center and Library Project - Pbase 2 4118/03 Project No. 2003-9222 8. Surety hereby waives notice of any change, alteration or addition m'the Construction Contract or m mlated subcontracts, ptnchase orders and other obligations, inchrding changes of brae. Surety consents in all terms of the Construction Contract, including provisions on changes m the Contact. No extension of time, change, alteration, modificatioq deleaoq or addition m the Contract Doctrmenrs, or of the work required thereunder, shall release or exoaetate Surety on this Bond or in anyway affect the obligations of Surety oa this $oad 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any Court of coa>peant jrrisdiction where a Froce~6 is PmdmB between City and Contractor regarding the Construction Connect, or m the courts of the Coumy of Santa Clara, or is a court of competent jurisdiction in the location is which the work is located Commnnicatione from City m Surety under paragraph 3.1 of this Bond shall be deemed m include the accessary agreements tmdtt paragraph 3.2 of this Boad unless expressly stated otherwise. 10. All notices to Surety or Contracor ahsll be mailed or delivered {at the address set forth on the signature page of this Bow, a~ aU.gotices to City shall be mailed or delivered as provided in Docmnem 00520 (Agreement). Actsal reaipt of notice by Surety. City or Contracmr, however accomplished, shall be suf5cient w~Uance as of the date received at the foregoing addresses. I1. Any provision in this Bond conflicting with any statutory or regulatory rcquirernent shall be deemed deleted herefrom and provisions conforming m such statutory requirement shall be deemed i~otporated herein. 12. Definitions. 12.1 Balance of the Contact Sum: The total amount payable by City m Contractor pursuant to the tears of the Constmction Contract after all proper adjusttneats Nava been made undtt the Corstuction Contact, for example, deductions for progress payments made, and ~reasesldecreases for approved modi5cations to the Conatuctioa Courser. 12.2 Constuctoa Coatmct: The agaement between City and Contactor identi&ed on the signature page of this Bond, including all Contact Documents and changes therein. 12.3 Contactor Default: Material failure of Contacor, which has neither been remedied nor waived, m perform or otherwise m comply with the [etas of Ute Construction Coutract including, bur sot limited m, "default" or any other condition allowing a termination for cause as provided in Document 00100 (General Conditions), 12.4 City Default Material failure of City, which has neither been remedied nor waived, to pay Conhacmr Progress payments due under the Construction Comrsct or m perform otbtt material terns of the Constiuctioa Contact, if such failure is the cause of the asserted Contractor Default and is sufficiem m justify Cantnetor termination of the Construction Contact. END OF DOCUMENT City of Cupertino 006] 0 - 3 Construction Performance Boad Civic Center and Irbrary project -Phase 2 4/38/03 . Project No. 2003-9222 BOND N0. 08419631 DOCUMENT 00620 SW3339 070-000-379 CONSTRUCTION LABOR AND IVIA7'trRiAi. ppyMBNT BOND THIS CONSTRUCTON LABOR AND MATERIAL PAYMENT BOND (°Bond'~ is dated ~hµc. 8 03 rs is dte panel sum of FIFTEEN. MILLION, FORTY TWO THOUSAND AND NO/100THS ($15,042,00 [one hundred perccrt of the Contract Price], and is entered into by and betwcea the patties listed below to ensure the payment of elaianots Hader the Constructor Contract listed below. This Bond consists of this page and the Bond Tarots and Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to SiRtffiICLOR OttnoERS ("Contractor, IrmELITY ArID DEPOSIT atx~ArtY oP trARrl.atID* ("Surety', the City of Cupertino, a Municipal Corporation of the State of Califortia ("City'?mother party shall be considered plural where applicable. *UNiTED STATES FLDELITY At0) GOARANTY l70l1PANY and LIBE(CLR I41T9rAL INSITRANCE ixktrAttt CONTRACTOR: SURETY: Sfilri®CCOR BUILDERS C J~~~~r ~yj"~w- SEE ATTACHED SIGNAT[1RE PAGE. Name ~97cj / ,~'2~i(-~ !21`~ xaarc Adams Cyy, ,~L//Vj~, A~ n~u PriacipalPlaceofBusiness Clty/State/Zip ~~/tJ ~-Ll~!? 7 City/Stete/Zip CONSTRUCTION CONTRACT: THE CIVIC CENTER AND LIBRARY PROJECT -PRASE 2 PROJECT N[JMBER 2003-9222 at Cupertino, Cal[i~fornia. DATED llX 20~ in the Amount of $ 15,042,000.00 (the ..Penal Sum, CONTRACTOR AS PRINCIPAL SURETY ~SifII~ON SUI ~ ~ Company: (Corp. Seal) SEE ATTACHED SIGNATDRE PAGE. $lgnanae: R _ $lgaauSa: Name and Title: ~ B V ~ • Name and Title: BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigffi to City and to ClaimatS, to pay fm labor, materials and equipment famished fm 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.l Promptly makes payment, directly or itrdirectly, fm all sums due Claimants; and 2.2 Defends, indemniSes and holds harmless City from all claims, demands, liens or suits by any person ar entity who furnished labor, materials or equipment fm use in the performance of the Construction Conrad 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 suia a~ mndered defense of each claims, demands, lieru or suits to Contractor and Surety, and provided there is no City Default. 3. Witb respect to Claimants, this obligation shall be null and void if Contnctm prottgtly makes payment duectty or induectly 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 Califomia Civil Code, m aanunts duc under the City of Cupertino 00620 - 1 Constrtction Labor and Material Payttgnt Bond Civic Center end Library Project -Phase 2 4/I 8/03 Signature Page For Attachment to: Payment Bond Bond Numbers: 08419631 Fidelity and Deposit Company of Maryland SW3339 United States Fidelity and Guaranty Company 070-000-379 Liberty Mutual Insurance Company Fidelity and Deposit Company of Maryland 560 Mission t., Suite 2400, San Francisco, CA 94105 Ph (415) 538-7363 Fax (415) 538=J366 An ~ ette D. Mitchell, orne -in-Fact United States Fidelity and Guaranty Company 100 California Street, CA 94111, Ph (415) 732-1400 Fax: (415) 732-1515 By: e D. Mitchell, ~ -F ct Liberty Mutual Insurance Company One Front Street, S Francisco, CA 94111, Ph (415) 782-8179 Fax (415) 395-9811 By: om to D. Mitchell, A -in- act CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On June 25,.2003 before me, Janet C. Rojo, Notary public personally appeared--------=------'-AntoinetteD.Mitchell--------------_-- ?D personally known to me - OR - ? proved to me on the basis of satisfactory evidence to be the person whose name is '==---_.~+.c.~.~,~ subscribed to the within instrument and ~.~~aei' ~~f ~ JANET C. ROJp 1 acknowledged to me that she executed the COMM. #1317395 ~ same in her authorized capacity, and that U • a T NOTARY PUBLIC-CALIFORNIAn a SAN FRANCISCO COUNTY ° by her signature on the instrument the My Comm. Expires Aug. 18, :005 r person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ~ ~u~, Signature of Notary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On Jnne 25, 2003 ' before me, Janet C. Rojo, Notary Public personally appeared - - - - = - - - - - - - - -Antoinette D:.Mitchell- - - - - - - - - - - - - - - ?O personally known to me - OR - ? proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the ~ :'JANET C. ROJO same in her authorized capacity, and that ~ COMM. #1317398 ~ by her signature on the instrument the a ' m NOTARY PUBLIC-CALIFORNIA c person, or the entity upon behalf of which SAN FRANCISCO COUNTY mm. Fxpl~es Aug, 18, 2005 the person acted, executed the instrument. ~o.,e,.o,,~ WITNESS myhand/an~d official seal. Q~,tv- f l Signature o Notary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On-,.Tune 25,.2003 before me, Janet C. Rojo, Notary Public pei•sonallyappeared----------------AntoinetteD.Mitchell----------------- ?D personally known to me - OR - ? proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that ~r~-"~., JANET C. ROJO m, COMM. #1317395 v by her signature on the instrument the NOTARY PUBLIC-CALIFORNIA o person, or the entity upon behalf of which my co mR ~p fps qQg ~g Z005 + the person acted, executed the instrument. WITNESS may h^andand official seal. cV~I Signature of Notary ProjectNo.2003-9222 Uoemploytnent Instaance Code with tespeai m Work or labor perfomed under the Contract, or for any amounts required m be deducted, withheld, and paid over m rho 8mployment Development Deparmxat flan the wages of employees of Contracmr or Subcoatracmrs ptttsuant m Section 13020 of the Unempkytaent hrsmance Code, with respect m such Work and labor, thw Surety shall pay for the assn:, and also, in case suit is brought upon this Bond, a reasonable attorney's fce, m be fated by the court 4. Caasistent with the California Mechanic's Lien Law, Civil Code §3082, et seq, Surety shall have ao obligation m Claimants tinder this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amonat of this Bead, and the amoum of this Bond shall be credited for ~Y PeYments made m good faith by Surety under this Bond. 6. Amounts due Contractor under the Conatnrction Contract shall be applied fast m satisfy claims, if any, under pay . Construction Petforwertce Bond and second, m satisfy obligations of Contractor and Surety under this Bond. 7. City aha11 not be liable for payment of any costs, expenses, or attorney's fees of any Chtit~nt under this Bond, and shall have under this Bond no obligationp m make payments m, give notices an behalf of, or otherwise have obligations m Ckimants under this Bond. 8. Surety hereby waives notice of arty change. includitg changes of time, m the Construction Contract or m rclat~ subcontracts, purchase orders and other obligations. Surety fitrdter hereby stipulates and agrees that ao change. extension of time, alaeration or addition m the tents of the Consruction Contract, or m the Work m be perforated thereunder, or materials at equipment to be famished thereunder or the Specification accompanying the same, shall in any way affect its obligation under this Bond, and it does hereby waive any requiteatent of notice or any such change, extenion of tone, alteration or addition m the arms of rim Contnrction Cottract err m the Work or m the Specification a nay other changes. t 9. Suit against Surety an this Bond maybe brought by any Claimant, or its assigns, at arty time after the Claimant has furnished the last of the labor or materials, m both, but, par Civil Code §3249, must be commenced before the expiration of six mouths after rho period in which stop notices may be 51ed as provided in Civil Cade §3184. 10. All notices m Surety or Conracor shall be mailed or delivered (at the address set forth on the signture page of this Bead). and all notices m City shall be mailed or delivered as provided in Document 00520 (Agreement). Actual receipt of notice by Seery, City or Contractor, however accomplished, shall be safficirnt compliance as of the date received at the foregoing addresses. I I. 'This Hond has been fiamshed m comply with the Califoroia Mechanic's Lien Law including, but not limited m, Civil Code §§3247, 3248, et seq. Any provision in this Band conflicting with said statutory requirements shall be deemed deleted heretrom and provision conforating m such atammry or other legs! requirements shall 6e deemed incorporated herein. The intent is that this Bond shall be conserved as a statutory bond and not as a cownon law bond. 12. Upon requcst by any person or entity appearing to be a potential beneficiary of this Bond, Cofactor obeli promptly furnish a copy of this Bond or shall permit a copy m be made, 13. Contractor shall pay m person Perforating labor in and about Work provided for in the Contract Docttrneats an amotmt equal to a mine than the general prevailing rate of per diem wages for (1) work of a airailar 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 as amount equal m or more than the stipulated rates contained in a schedule that has been ascercaiaed and deternrined by the Director of the State Department of htdusttial Relation and Ciry m be the general prevat7ing rate of per diem wages for each crag err type of workman a mechanic needed m excrete this Contras. Contracmr shaII also cause a copy of this determination of the prevailing rate of per diem wages m be posted at each Site. 14. Definition. 14.1 Claimam: An individual or entity having a direct contract with Contrasot or with a Sttbcontractor of Contractor m furnish Labor, materials or equipment for ne in the performarxe of the Contract, as further City of Cupertino 00620 - 2 Connection Labor and Malarial Payment Bond Civic Comer and Lbraty Projes -Phase 2 4/18/03 Project No. 2003A222 defined in California Civil Code §3181. The intent of this Bond shall be ro include without liadtatioa in the term': "kbor, materials or equip>ffinY' that part of water, Bas, power, light. heat, oil, gasoline, telephone service or reel equiptcxat used in dte Construction Contract, architecmtal and engineering services requitrd for performance of ttx Work of Conoactor and Cotttnctor's Subconaacrors, and all other items for which a stop notice might be twtnud The term Claimant shall also include tlu Unemployment Development Department as refemd to m Civil Code §3248(b). 14.2 Construction ContracC The agreement between City and Contractor idemified on the signature page of this Bond, including al! Contract Documents a~ changes thereto. 14.3 .City Default: Material failure of City, which has neither been remedied nor waived, ro pay the Contractor as requhed by the Construction Contract, provided that failttn is the cause of the failure of Contractor ro pay the Clamtattts and is sufficiem ro justify temdaatioa of the Construc4on Connect. END OF DOC[7ME1V'f City of Cupertino 00620 - 3 Ctmstrucdon Labor and Material Payment Bond Civic Center and Library Project Phase 2 4/18/03 Cf,•~~' 6t PaW Flrc and Marine Imurc~ue Company United Statn Fldtlity and Guaranty Compauy (~~~1 S! Paul Guardfen lmurance Company fidelity aml Cuarudy Imurance Company St Paul Mercury Imunmce Company Fidelity and Guaranty Imunnce Undermiten, Inc. Seaboard Sunty Company SL PaW Medical LhMGty Imurcnee Company Bond No. SW3339 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORLSM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90°/d of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly `EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for'acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 2/03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On June 25,,2003 before lne, Janet C. Rojo, Notary Public personally appeared----------------AntoinetteD.Mitchell-----------=----- Opersonally known to me - OR - ? proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the JANET C. ROJO same in her authorized capacity, and that c COMM. #1317395 ~ U ~ NOTARY PUBLIC-CALIFORNIA o by her signature on the instrument the a SAN FRANCISCO COUNTY person, or the entity upon behalf of which My Comm. Expires Aug. 18, 2005 the person acted, executed the instrument. WITNESS my hand and official seal. G~ Signature of otary Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said Company, w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s la's nate, constitute and appoint Cynthia L. LEWIS, Susan HECI{ER. Janet C. ROJO, Swan ,Betty TOLENTINO, Antoinette D. MITCHELL, M. MOODY, Peter D. H~fl ~ an Francisco, California, EACH its tme and lawful agent and A o ma ~ eliver, for, and on its behalf as surety, and as its act and deed: any b nde 2 ecution of such bonds or undertakings in pursuance of these presents, sh ~ po ly and amply, to all intents and purposes, as if they had been duly exec~~ ge cted officers of the Company at its office in Baltimore, Md., in their own proper pe rs yokes that issued on behalf of Cynthia L. LEWIS, Susan HECKER, Janet C. ROJO, Swan LEF~~~t ,Betty TOLENTINQ Antoinette D. MITCHELL, M. MOODY, Maureen O'CONNELL, dated 2003. The said Assistant Secretary does hereby certify that the exhact set forth on the reverse side hereof is a tme copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 4th day of April, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp o[vos~r o r[[~ , q N r4 VVV By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland 1 ss: City of Baltimore f On this 4th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they aze the said oflcers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and drrec6on of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and yeaz first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA-F 016-0511 C EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Boazd of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instmments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attomey is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate maybe signed by facsimile under and by authority of the following resolution of the Boazd of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 25th day of JUNE 2003 ~ Assistant Secretory ThC~~u~ POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company SL Paul Fire and Marine Insurance Company Fidelity and Guarant}' Insurance Company SL Paul Guardian Insurance Cnmpany Fidelity and Guaranty Insurance Underwriters, Inc. St Paul Mercury Insurance Company Power of A[[orney No. Certificate No. 23563 1715110 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that SL Paul Fire and Marine Inwmnce Company, SL Peul Guardian Insurance Company and SL Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of [he Stale of Maryland, and that Fidelity and Guaranty Insumnce Company is' a wrporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaraury Insumnce Underwriters, Inc. is a corporation duly organized under the laws' of the State of Wisconsin (herein co[lec[ive[y called the "Comyanies'J, and that the Companies do hereby make, constitute and appoint Susan Hecker, Janet C. Rojo, Swan Lee, Cynthia L. Lewis, Maureen O'Connell, Steven N. Passerine, Laura L. Plaisant, Betty L. Tolentino, Antoinette D. Mitchell, M. Moody, and Peter D. Holley of the City of San FIaIlC1SC0 , State CahfOltlla , [heir true and lawful Attorney(s)-in-Fact, each in [heir separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing tho performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions' or proceedings allowed by law. m IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 2O day of Mazch 2003 Seaboard Surety Company United Slates Fidelity and Guaranty Company St. Paul Fire and Ylarine Insurance Company Fidelity and Guaran[v Insurance Company SL Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company su`Ft ' a i M X Y ,.rs~ Y 0!! S49 M1~ ` n i z ~Ituxron,ie'(, S ~ `'n halm 192) ~ ~ ~ ~j'~~ PETER MAN, Vue rea~dem ~.5 }\SBAL': "gJ',lMl Bae ~ tITI~ ISSt W C'AR P ~~1 State of Maryland Clty of Baltimore THOMAS E. HUIBRCGTSE, Assistant Secretary On this 20's day of Match 2U03 ,before me, the undersigned officer, personally appeared Peter W Carman and Thomas E. Huibregtse, who acknowledged themselves to be the Viec President and Assistant Secretary, respectively, of Seaboard Surety Company, St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity end Guaraury Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so m do, executed the foregoing instrument for [he purposes [herein contained by signing the names of the corporations by themselves as duly authorized officers. ~[1~~~ ~ ~ ~ ~ & ,y ¢s,°~pr~IFy~ '1`^"r'r+ca.. FnR.d~ft~ - Vit'I~. In Witness Wbereof, I hereunto set my hand and official seal ~ ~OrARY ~ m r'(/g(IQ My Commission expires the I st day of July, 2006. 2q~ ~ rp REBECCA EASLEY-ONOKALA, Notary Poblic 86203 Rev. 7-2002 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine lnsumnee Company, SL Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and eflecq reading as follows: RESOLVED, [hat in connection with [he fidelity and surety insurance business of [he Company, all bonds, undertakings, contracts and other instruments relating [o said business may be signed, executed and acknowledged by persons or entities appoimed as Attorney(s)-in-Fact pursuant to a Power of Attomey issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposos only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or cettificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon [he Company with respect to any bond or undertaking [o which it is validly attached; and RESOWED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subjcet to the terms and limitations of the Power of Atorncy issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and scaled and attested to by the Secretary of the Company. 1, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Pideliry end Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a [rue and correct copy of the Power ofAttorney executed by said Companies, which is in full force and effect and has not been revokod. IN TESTIMONY WHEREOF, I hereunto set my hand this 25th day of JUNE 2003 ~g,,'~o`~rY~ ¢ M x a -cUiY 1927 4 >><Y ""t1 s w...o.. ~Mawaem xramMrm ~ Owe $AALe° G ~ 1977 UU ~F4M+N N4~o ~a SE qN D~ u'Mr ~O ~~Y# 1951 Th omas' E. Huibregtse, Assistant Secretary To verify the authenticity of this Pawer ofAttorney, call 1-800-4114880 and ask jor the Power aJ'Attorney clerk Please refer m the Power nfAttorney number, the above-named individuals and the detail of the bond to which the power is ariached rThis Power of Attorney Iimlts the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. ~ ~ LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BV THESE PRESENTS: That Liberty Mu[ual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint CYNTHIA L. LEWIS, JANET C. ROJO, SWAN LEE, SUSAN HECKER, STEVEN N. PASSERINE, LAURA L. PLAISANT, ANTOINETTE D. MITCHELL, BETTY L. TOLENTINO, PETER D. HOLLEY, M. MOODY, MAUREEN O'CONNELL, ALL OF THE CITY OF SAN FRANCISCO, STATE OF CALIFORNIA each individually if there be more than one named, its true and IawfuP attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act arM: deed, any and all undertakings, bonds, recognizancesand other surety obligations in the penal sum not exceeding THREE HUNDRED MILLION AND 00/100•*"***`*'********** DOLLARS 300-000 000.00*'*•* )each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the ~ chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, ~ execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'O N attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their w O. signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be d as binding as if signed by the president and attested by the secretary. C '00 N C y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: ~ d a a c Pursuant to Article XIII, Section 5 of the By-Laws, Timothy C. Mulloy, Assistant Secretary of Liberty Mutual Insurance Company, is hereby ~ ~ authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and O O deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. ~ O ~ ~ v F- O d That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. ~ W w ~ ~ ~E ~ j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of O d Z W Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 22nd day of .1_~nuarv ~ m ~ 2nn~ Q t°.~ C N G a' ~ ` LIBERTY MUTUAL INSURANCE COMPANY ~ W O 3 " E o By ~ c. ~ .~Q-Q..~ a m C t0 Timo.. , c ~n„ion„ ~~,~~~~r cep N d „ COMMONWEALTH OF PENNSYLVANIA ss r o ~ H COUNTY OF MONTGOMERY rn Ol ` O (C ~ ~ On this 22nd day of .lanuary 2009 ,before me, a Notary Public, personally came Timothy C. Mullov, to me known, and acknowledged ~ a22l O that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above ~ F E r Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. w ~ .O T IN TESTIMONY WH P fi~ unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year t a ~ first above written. P4~,aNwfir { > W ~ ~ ~ c B Z v ~ a~ O. x ~ y ,t/~(~},G&-eL) !4'.r9.Cl~ c ~ - < , Ter sa Pastella, Notary Public v ~ CERTIFICATE A~~ ~ ~~~\°G F ~ I, the undersigned, Assistant ecretarybf Litierty Mutual Insurance Company, do hereby certiy that theoriginal power of attorney of which the foregoing is a full, true and correct copy, is in fyll force and effect one the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the presiderittd appoint attorneys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOFZIJtaXe hereunto subscribed my name and affixed the corporate seal of the said company, this 25th day of JUNE UUU 33 By ~L.~2/rte Jo . X. Hee, Assistant Secretary Project No. 2003-9222 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO, a Municipal Corporafion of the State of California ("City"), for construction of THE CIVIC CENTER AND LIBRARY PROJECT -PHASE 2 CUPERTINQ CALIFORNIA The undersigned guarantees all construction performed on this Project and also guazantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Completion, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guazanty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appeaz within one year, or longer if specified, from the date of Final Completion. If within one year after the date of Final Completion, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defectve Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instmctions, or in an emergency where delay would cause serious risk of loss or damage, Ciry may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at i[s own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guazanty period. All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents, including, without means of limitation, Section 01420 (References and Definitions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. sw,...~-~o~ g,~.ia.~, Contractor's Name ` 199 S ~c_i,.r~ ~ wuo.A R~. Address 5, CI , CA 5 sus H G~~~ ~og City/State/Zip Date END OF DOCUMENT City of Cupertino 00630 - 1 Guazanty Civic Center and Library Project -Phase 2 4/18/03 Project No.2003-9222 'DOCUMENT 00670 ESCROW BID DOCUMENTS 1. Requirements for Escrow Bid Documents. a. Within the time period established in Document 00200 (Instructions to Bidders), Contractor shall submit to City a set of Escrow Bid Documents as deemed in paragraph 2 below. Escrow Bid Documents will be used only in the manner and for the purposes described in this Document 00670. b. The submission of the Escrow Bid Documents, as with the bonds and insurance documents required under Document 00200 (Instructions to Bidders), is considered an essential part of the Contract award. Should Contractor fail to make the submission within the allowed time specified, Contractor may be deemed to have failed to enter into the Contract, Contractor shall forfeit the amount of its Bid security accompanying Contractor's Bid, and City may awazd the Contract to the next lowest responsive responsible Bidder. c. NO PAYMENTS WILL BE MADE, NOR WILL CITY ACCEPT CHANGE ORDER REQUESTS UNTIL THE ABOVE-REQUIRED INFORMATION IS SUBMITTED AND APPROVED. ALTERNATIVELY, CITY MAY DECLARE THE BID NON-RESPONSIVE. d. Contractor shall submit the Escrow Bid Documents, in person by an authorized representative of the Contractor, to: Teny Greene City Architect City of Cupertino 10300 Tone Avenue Cupertino, California 95014 2. Scope of Escrow Bid Documents. a. Within the time period specified in Document 00200 (Instructions to Bidders), Contractor shall submit one copy of all documentary information received or generated by Contractor in preparation of Bid prices for the Contract Documenu, as specified in paragraphs 5 and 6 of this Document 00670. This material is referred to in this Document 00670 as the "Escrow Bid Documents." Contractor's Escrow Bid Documents will be held in escrow as provided in this Document 00670. b. Contractor represents and agrees, as a condition of awazd of the Contract, that [he Escrow Bid Documents constitute all written information used in the prepazation of its Bid, and that no other written Bid prepazation information shall be considered in resolving disputes or claims or may be considered in legal proceedings. Contractor also agrees that nothing in the Escrow Bid Documents shall change or modify the terms or conditions of the Contract Documents. Contractor is advised that the Escrow Bid Documents will only be used as a guide in the resolution of disputes and claims. 3. Ownership of Escrow Bid Documents. a. The Escrow Bid Documents are, and shall always remain, the property of Contractor, subject to joint review by City and Contractor, as provided in this Document 00670. b. City stipulates and expressly acknowledges that the Escrow Bid Documents constitute trade secrets. This acknowledgement is based on City's express understanding that the information contained in the Escrow Bid Documents is not known outside Contractor's business, is known only to a limited extent and only by a limited number of Contractor's employees, is safeguazded while in Contractor's possession, is extremely valuable to Contractor and could be extremely valuable to Contractor's competitors by virtue of it reflecting Contractor's contemplated construction techniques. City further acknowledges that the Escrow Bid Documents and the information contained in them are made available to City only because such action is an express pre-requisite to awazd of the Contract. City agrees to safeguazd the Escrow Bid Documents, and all infom~aHon contained in City of Cupertino 00670 - 1 Escrow Bid Documents Civic Center and Library Project -Phase 2 4/18/03 Project No. 2003-9222 them, against disclosure to the fullest extent permitted by law, consistent with pazagraph 4 of this Document 00670. 4. Escrow Bid Documents may be used in the determination of price adjustments and change orders and in [he settlement of disputes and claims. If used in legal proceedings, Escrow Bid Documents shall be subject to an appropriate protective order limiting their disclosure. 5. Format and Contents of Escrow Bid Documents. a. Contractor may submit Escrow Bid Documents in they usual cost-estimating format; a standazd format is not required. Contractor shall prepare and submit the Escrow Bid Documents in English. b. City requires Contractor to itemize clearly in the Escrow Bid Documents the estimated costs of performing the work of each Bid item contained in Contractor's Bid. Contractor shall separate Bid items into sub-items as required to present a detailed cost estimate and allow a detailed cost review. The Escrow Bid Documents shall include all Subcontractor bids or quotes, supplier bids or quotes, quantity take-offs, crews, equipment, calculations of rates of production and progress, copies of quotes from Subcontractors and suppliers, and memoranda, narratives, add deduct sheets, and all other information used by Contractor to arrive at the prices contained in the Bid. Escrow Bid Documents shall include costs of scheduled maintenance, depreciation, fleet rental expense discounts and incentives, and similaz cost adjustments if used by Contractor to calculate its Bid prices. Estimated costs shall be broken down into Contractor's usual estimate categories such as direct labor, repair labor, equipment ownership and operation, expendable materials, permanent materials and subcontract costs as appropriate. Plant and equipment and induect costs should be detailed in Contractor's usual format. Contractor shall identify its allocation of induect costs, contingencies, markup and other items to each Bid item a Contractor shall identify all costs. For Bid items amounting to less than $10,000, Contractor may estimate costs without a detailed cost estimate, provided that Contractor includes applicable labor, equipment, materials and subcontracts, and allocates applicable induect costs, contingencies and markup. d. Bid documents provided by City should not be included in the Escrow Bid Documents unless needed to comply with these requirements. 6. Submittal of Escrow Bid Documents. a. Contractor shall submit the Escrow Bid Documents within 14 Days after the awazd. The container shall be clearly marked on the outside with Contractor's name, date of submittal, project name and the words "Escrow Bid Documents -Open only in the presence of Authorized Representatives of both City and Contractor." City will review the Escrow Bid Documents for initial compliance. City has three Days after receipt of Bidder's Escrow Bid Documents to demand additional information. b. By submitting Escrow Bid Documents, Contmctor represents that the material in the Escrow Bid Documents constitutes all the documentary information used in prepazation of the Bid and that Contractor has personally examined the contents of the Escrow Bid Documents container and has found that the documents in the container aze complete. Contractor agrees that it will not introduce or rely on any other documents to prove how it prepazed its Bid. c. If Contractor's proposal is based upon subcontracting any part of the Work, each Subcontractor whose total subcontract price exceeds five percent of the total Contract Sum proposed by Contracor, shall provide separate Escrow Documents to be included with those of Contractor. Such documents shall be opened and examined in the same manner and at the same time as the examination described above for Contractor. d. If Contractor wishes to subcontract any portion of the Work after award, City retains the right to require Contractor to submit Escrow Documents for the Subcontractor before approval of the subcontract. City of Cupertino 00670 - 2 Escrow Bid Documents Civic Center and Library Project -Phase 2 4/18/03 Project No. 2003-9222 7. Storage, Examinarion, and Final Disposirion of Escrow Bid Documents. a. T'he Escrow Bid Documents will be placed in escrow unril Final Completion oF Work on the Project, in a mutually agreeable institurion. Contractor shall pay [he cost of storage for the Escrow Bid Documents unril that time. The storage faciliries sLall be the appropriate size for all the Escrow Bid Documents and located conveniently to both CiTy's and, to the extent reasonably possible, Contractor's offices, but in no event ouuide the Counry of Santa Claza. b. Both Ciry and Con4actor shall examine the Escrow Bid Documents, at any time deemed necessary by either City or Contractor, to assist in the negotiation of price adjushnents and change orders or the settlement of disputes and claims. Examination of the Escrow Bid Documents is subject to the following conditions: i. As trade secrets, the Escrow Bid Documents aze proprietary and confidenrial under pazagraph 3.b. of this Documen[ 00670. ii. City and Conhactor (and any Subcontractor, to the extent Escrow Bid Documents are required by a Subconuactor) stiall each designate in writing to the other party(s) at least seven Days prior to any examination, representatives who aze authorized to examine the Escrow Bid Documents. Except as otherwise provided in a cour[ order, no other persons shall have access to the Escrow Documents. iii. Except as otherwise provided in a court order, access to the documents may take place only in the presence of duly designated representarives of both City and Contractor. If Conh~actor fails to designate a representa6ve or appeaz for joint examination on seven Days' norice, then City's representative may examine the Escrow Bid Documents upon an addirional tluee Days' notice. iv. Following Final Completion of Work on the Project and aclrievement of final settlement, Ciry shall d'uect the escrow agent holding the Escrow Bid Documents in writing to retum those documents to Contractor. END OF DOCUMENT City of Cupertino 00670 - 3 Escrow Bid Documents Civic Center and Library Project - Phase 2 4/18/03 1~1~11 d"~ Project No.2003-9222 DOCUMENT 00400 A BID FORM CITY OF CUI'ERTINO CIVIC CENTER AND LIBRARY PROJECT -PHASE 2 PROJECT No. 2003-9222 Office of the City Clerk City of Cupertino, City Hall 10300 Torre Avenue, Cupertino, CA 95014 To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders), pazagraph 1. TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THIS BID IS SUBMITTED BY: SWINERTON BUILDERS . (Firm/Company Name) Re: PROJECT NUMBER 2003-9222, THE CIVIC CENTER AND LIBRARY PROJECT -PHASE 2 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Agreement), 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 m 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 [o Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening. 3. In submitting this Bid, Bidder represenu: (a) Bidder has examined all of the Contract Documents and the following Addenda (receipt of all of which is hereby acknowledged). Addendum No. ! Addendum Date ~ Signature of Bidder _ _ 1 5/8/03 _ I . _.~f~ - ~ 3 ~ 6/5/03 F City of Cupertino 00400 A - 1 Bid Form Civic Center and Library Project -Phase 2 4/18/03 Addendum No. 2 (5/30/03) Project No.2003-9222 ADD ALTERNATES ITEM DESCRIPTION UNITS UNTI' TOTAL PRICE 1. Alternate Item No. 1 -Add elevator cab No. B and $ associated elevator equipment at staff back of house i location as indicated on drawings. ~ 2. Alternate Item No. 2 -Add, installation only, of $ trees on perimeter of the Community Hall Building. I ~ Trees to be provided by owner. (Approximately 31 trees added) 3 Alternate Item No. 3 -Add motorized window $ shades at librazy perimeter windows, as indicated on drawin s, in lieu of manual control window shades. 4. Alternate Item No. 4 -Change all Type "A" concrete $ / ~ 7 walks from broom finish to medium sandblast finish. 5 Alternate Item No. 5 -Change all Type "A" concrete $ walks to integral colored concrete in lieu of specified ri-,(~ ~ finish. ~ 7 6 Alternate Item No. 6 -Add, installation only, of $ trees in east parking lot swales. Trees to be 7J furnished b owner. ~ Alternate item No. 7 -Add Artisan veneer plaster $ wall finish with reveals at library first and second floors at column lines 2, 10, K and E as indicated on drawin sin lieu of all with aint. TOTAL OF ADD ~~-7^ C.Z~ ALTERNATES 1-7 $ 5. Subcontractors, for work included in all Bid items, aze listed on the attached Document 00430 (Subcontractors List). 6. The undersigned Bidder understands that City reserves the right to reject this Bid. 7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instmctions to Bidders) within the times specified therein. These documents include, but aze not limited to, Document 00520 (Agreement), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond). 8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below. 9. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety bond famished by a surety authorized to do a surety business in the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount often percent 0%) of the total of the Base Bid, plus Alternates, and made payable to the "City of Cupertino". 10. 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 (Agreement). 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 City of Cupertino 00400 A - 3 Bid Form Civic Center and Library Project -Phase 2 4/18/03 Addendum No. 2 (5/30/03) Project No.2003-9222 13. The names of all persons interested in the foregoing Bid as principals aze: (IMPORTANT NOTICE: If Bidder or other interested person is a corporation, give the legal name of corporation, state where incorporated, and names of president and secretary thereof; if a partnership, give name of the firm and names of all individual co-partners composing the firm; if Bidder or other interested person is an individual, give fvst and last names in full). NAME OF BIDDER• SWINE RTON BUILDERS licensed in accordance with an ad for the registration of Contractors, and with license number: 0 9 2 Expiration: 6 / 31 / 0 3 STATE OF CALIFORNIA GORDON MARKS. PRESIDENT Where incorporated, if applicable T.TiKF. ARQTT. T.A SF. R .TARY Principals I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ~~~/~h Signature of Bidder NOTE:. If Bidder is a corporation, set forth the legal name of the corporation 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 parnters authorized to sign contracts on behalf of the pamtership. Business Address: 1995 r,AnRFLwoon Roan GANTA r`T.A RA, f A 950 Sd Officers authorized to sign contracts: ED BLANKE. VICE PRESIDENT Telephone Number(s): 4 0 8- 5 6 7- 9 7 5 5 Fax Number(s): 4 0 8- 5 6 7- 9 7 5 4 Date of Bid: 6/10/03 END OF DOCUMENT City of Cupertino 00400 A - 5 Bid Form Civic Center and Library Project -Phase 2 4/18/03 Addendum No. 2 (5!30/03) Project No.2003-9222 DOCUMENT 00410 A SUBCONTRACTORS LIST Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract. Subcontractor's Subcontractor's Mailing Subcontractor's Full Name of Description of Subcontractor's License Address Phone Number Subcontractor Work Number 12 N ~ ~.an+woftic ~ 14 'QGlwul`~ 51TE UTILITIES OGi/1V~~lF,~~ l~a~US 22 (~'1C(Y~Cr?~~ 51TE coNcrzETE ~r/~~,C~~ ' 1,6.NDyc~.nlNCq i'I eit S(~,; , 2y ~ C C1'f ~6'IG% ~G~ GOl.1GRETE• ~tt,l7 ~~5f/ WO City of Cupertino Civic Center and Library Project- Phase 2 4/18/03 00410 A- 1 Subcontractors List ADDENDUM N0.2 (5/30/03) Project No.2003-9222 Subcontractor's Subcontractor's Mailing Subcontractor's Full Name of Description of Subcontractor's License Address Phone Number Subcontractor Work Number ~~t~y~ 13U?I,U-~!P RA~FiµG ti(O~fi~n L'~~"~. l02 ass,rt;~~ GiiiszrNG , ' ~~lPr(' Tr~6.N5 falc~.l r ~ i~a~Ccnr, 7(c ~ ~ ~M tZr ~ ycr,.ss~~lu TiL~ Toss ~,C/~" (Bidder to attach additional sheets if necessary) END OF DOCUMENT City of Cupertino Civic Center and Library Project-Phase 2 4/18/03 00410 A- 3 Subcontractors List ADDENDUM N0.2 (5/30/03) Project No2003-9222 DOCUMENT 00410 A SUBCONTRACTORS LIST Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract. Subcontractor's Subcontractor's Mailing Subcontractor's Full Name of Description of Subcontractor's License Address Phone Number Subcontractor Work Number pp ~l~j}L1!) ~v~5 R~51LIE1JT TIDE Jr/Lr.l~r{uS O~' 4 C6RPEi- ' f~l(~ P.sl~-IrING ~ S~(nr Cruz (i`1~ qo ~~'rr-~C~s i 0~~ l60 I ~ t~rvt-~ ~ G~ i i City of Cupertino Civic Center and Library Project-Phase 2 4/18103 00410 A-~ ~ Subcontractors List ADDENDUM N0.2 (5/30/03) Project No.2003-9222 DOCUMENT 00420 A NON-COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE §7106 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED V?ITfi BID STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA I ED BLANKS 1, being first duly swom, deposes and says that he or she is VICE PRESIDENT IOffice of Affiant]of SWINERTON BUILDERS [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, partttership, 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 agreement, 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 statemenu contained in the Bid are tme; 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 Califomia: SWINERTON BUILDERS (Name of Bidder) L , (Signature of Principal)~~/ i Subscribed and swom before me ~ ~ 1 TQi'~ P~cG~% ~ This ~ day of one , 20 03 p MARIBEL CASTILLO ~ ~ ~ NOiAR~~ C1330391 Notary Public of the State of Ca.lrkvn i C1 ~ SANiA CL4RACC~ONR y~A~ COMM. In and for the County of irr-I-n IXa. Nov. 20, 2pp5-. My Commission expves~~/~p,„ ~ , ~U d 5 (Seal) (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 OfScer, or Assistant Treasurer.) (If Bidder's affidavit on this form is made outside the State of Califomia, the official position of the person taking such affidavit shall be certified according to law.) END OF DOCUMENT City of Cupertino Civic Center and Library Project -Phase 2 00420 A 1 Non-Collusion Affidavit 4/18/03 ADDENDUM N0.2 (5/30/03) Project No.2003-92222 DOCUMENT 00411 BOND ACCOMPANYING BID KNOW ALL BY THESE PRESENTS: SWINERTON That the undersigned J BUILDERS Jas Principal and the undersigned as Surety are held and firmly bound unto the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), as obligee, in the penal sum of ~EN PERCHNT of ~ TornL Attovtax BIDJ Dollars J($ ---log--- )J lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal J 1's base Bid, for the payment of which, well and tmly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is submitting a Bid for City Project Number 2003-9222 THE CMC CENTER AND LIBRARY PROJECT. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods eater into the Contract so awarded and provide the required Construction Performance Bond, Constmction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under Document 00200 (Instructions to Bidders), then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instmment this ? yen J day of ~ ~+Y J, 2003. (Corporate Seal) SWINERTON BUILDERS By DON W. MAR]CS, PRESIDENT Principal FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety (Corporate Seal) By ~ D . TC L Attorney in Fact END OF DOCUMENT City of Cupertino 00411 - 1 Bond Accompanying Bid Civic Center and Library Project ~ 4/]8/03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On May 7, 2003 before me, Janet C. Rojo, Notary Public personally appeared - - - - - - - - - - - - - + Antainetfe D. IVIitcheIl- - - - - - - - - - - - - - - Opersonally known to me - OR - ? proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that JANfT C. ROJO by her signature on the instrument the COMM. #1317395 ~ person, or the entity upon behalf of which ~ NOTARY PUBLIC-CALIFORNIA c the person acted, executed the instrument. SAN FRANCI9C0 COUNTY My~~"9+v""~ plR!tAu~~ [t. 1$. ?005 WITNESS my hand and off cial seal. 1 Signature of Notary Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority ganted by Article Vl, Section 2, of the By-Laws of said Company, w ~ set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s ~ 'Hate, constitute and appoint Cynthia L. LEWIS, Susan HECKER, Janet C. ROJO, Swan ,Betty TOLENTINO, Antoinette D. MITCHELL, M. MOODY, Peter D. HOLL ° an Francisco, California, EACH its true and lawful agent and A ° eliver, for, and on its behalf as surety, and as its act and deed: any b nde ecution of such bonds or undertakings in pursuance of these presents, sh p~ po y, ly and amply, to all intents and purposes, as if they had been duly exec ge ected officers of the Company at its office in Baltimore, Md., in their own proper pe s evokes that issued on behalf of Cynthia L. LEWIS, Susan HECKER, Janet C. ROJO, Swan LEE ,Betty TOLENTINO, Antoinette D. MITCHELL, M. MOODY, Maureen O'CONNELL, dated 2003. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a hue copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 4th day of April, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND '~n ncvofv. ~~V ° ~ L ~ w~ ~ i t~ ~ ~ 1 / - 44n,~ re 'IVV// By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland 1 ss: City of Baltimore f On this 4th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they aze the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and yeaz firs[ above written. Sandra Lynn Mooney Notary Pu61ic My Commission Expires: January 1, 2004 POA-F 0'I6-0511C 06/09/2003 04:35 FA% X0001/001 Project No2003-9222 DOCUMENT ot144o A _ INDEMNTTY AND RELEASE AGREEMENT Dated JUNE 10, 2003 POTEN?'fAT.BIDDER: SrAINERTOr] BUILDERS CITY: THE CITY OF CUPERTINO SITE: 10300 TORRE AVENUE, CUPERTINO, CA 95014 PROJECT: CIVIC CENTER AND LIBRARY PROJECT In consideration of the above-referenced City's permitting the undersigted potential bidder ("Bidder") to have access to, and to conduct investigations, tests and/or inspections on, the Site, Bidder hereby agrees as follows: _ 1. To the greatest extent permitted by law, Bidder hereby releases, and shall defend, indemnify and hold harmless City, and its officers, employees, consultams (including without limitation Consulting Engineer), representatives, and agets, and all other patties having a~ other interest iri the Site, against arty claim or liability, including attorney's fees, arising from or relatutg to any Site-related access, investigatioq test, inspection and/or other activity conducted by Bidder or any of Bidder's officers, employees, consultants, representatives, and/or agents, regardless of whether claim or liability is caused in part by the negiigence of City or by any released and indemnified P~Y• 2. Bidder hereby waives the provisions of California Civii Code Section 1542 which provides as follows: A genera[ please does not extend to claims that the creditor does not Imow or suspect to exist in his favor at the time of executing the releasq which if known by him, must have materially affected his settlement with the debtor. 3. Bidder shall repair any damage to the Site or adjacent property resulting from activities authorized hereunder, and comply with and be subject [o all other requirements and obligations descn'bed or referenced in Document 00320 (Geotechnical Data and Existing Conditions). 4. Attached htteto (or to be delivered separately before Bidder's visit to the Site) is a certificate for comprehensive general liability insurance satisfying the requirements of Document 00700 (General Conditions). S. Although this Indemnity and Release Agreement is not a Contract Document (see Document 00520 [Agreement]), it shall be fully effective and bindmg regardless of whether Bidder submits a Bid for the subject Project, is awarded a contract for the Project, or otherwise. Printed N~a'me/~~~` ~ ~L-~~/U?G~ Printed N ~/~Q I t-u4 By: Cyr ~ gy: ~C. CL~C~ Signature Signature Its: VIGL` ~Z,C~lpt??T- Its: Sr= c fLr~T74(c~' Title (If Corporation: Chairman, President or Vice Title (lf Corporation: Secretary, Assistant Secretary, President) ~ Chief Financial Officer or Assistant Treasurer) END OF DOCUMENT City of Cupertino Civic Center and Lbrary Project -Phase 2 4/18/03 ADDENDUM N0.2 (5!30/03) 00440 A-I lndemaity and Release Ageement U6/11/LUU3 1Z: 48 HA:~ 4US JO/ aia4 ani vcniuv nu cunno Swinecioa Builders ' - 1995 Iaurelwood Road : • 'Sand"ClarS; California': 95054.._' _ . Da,~: I~III ~D3 1~' ~ Number of pages including cover sheet: FAX From: ~ To: ~~Ci l`~Ids ~.t LIU~~ GI'~~/ o~ cr_.1'~FZZ'~lto ,~Tt~.? ; raidx ~ t~~ycs "TL~ZR~ G~IZEEi.LE II e-Huai]:. lWla/I~IUVIJ ~[19i1E'f'~'DUl CDW( Phone: ~,pg. ~f'1,R1'~CJS Phone: 4D8 - ~ ' 32 L S Faz phone:L~_~, yD 7.~~ F~,: ahon~: ~b~ ~ -I Z ~ - 33?Z?~ -r- cc RE91.~RI:S: ~ Urgent ? For vnur *evieu l7 P.en1g..SS ~ P ? . Phase eom.-nent I ' y ~E~i,• ~1~7t?(zTr1,ldC~d4C ~hf~R 4 ~-rF3[i~r~/ coy-c~~t~~ sugco~s-rr~scro~s 06/11/2003 12:50 NA3 4U8 Sti7 `J ro4 an rrvnxr~;v nui.unno Cupertino Civic Center & Library Project Bid Date: 6/10/03 @ 2:OOPM DeSilva Gates EARTHWORI: 704195A 11555 Dublin Bivd. (925) 829-9220 Construction P.0. Box 2909 Dublin CA 94568 Talus Construction SITE UTILITIES 619276 P.O. Box 2019 (510) 583-0002 Danville, CA 94526 Giancola Concrete SITE CONCRETE 494425 1345 Vander Way (408) 254-7097 Construction Inc. San Jose CA 95112 Cohen Landscape LANDSCAPING 723326 San Josem, CAc9511 Zeet (408) 288-9394 Service, Inc. Giancola Concrete CONCRETE 494425 1345 Vander Way (408.) 254-7-97 Construction, Inc. WORD San Jose, CA 95112 Harris Salinas Rebar REINFORCED C50-695035 355 South Vasco Road (925) 373-0733 STEEL Livermore CA 94550 Willis Construction ARCH. PRECAST 398748 2261 San Juan Hwy. (831) 623-2900 Co., Ina San Juan Bautista, CA 95045 JohnJacksoa REINF. 255203 P.O.Box 245480 (916)381-8021 Masonry MASONRY 5691B Power Inn Road CONCRETE Sacramento CA 95824 Roscoe Steel Co. STRUCT. STEEL 478997 CS] 2847 Hesper Road (406) 656-2253 Billie s, MT 59102 San Joaquin Steel MISC. METALS 275292 2000 Sanguinetti Lane (209) 948-0547 Co., Inc. P.O. Box 8426 Stockto CA 95208 Rick Slater ROUGH 807984 210 San Jose Ave. # 25 (408) 938-1900 Construction Inc. CARPENTRY San Jose CA 95125 Y & D Cabinet Shop FIN. 615098 330 Martin Avenue (408) 235-7685 CARPENTRY & Santa Clara, CA 45050 ARCH WOODWK. Watetproofmg BUILD-UP C-39/649862 975 Terra Bella Ave. (650) 937-1299 Associates ROOFING Mtn. View CA 94043 Silicon Valley GLAZING 735260 C17 220 Vineyard Court (408) 778-7786 Glass, Inc. Suite 150 Mor an Hill, CA SWIIVERTON BUILDERS 1 of 2 6/11/03 - 1:46 PM 06/11/2003 12:51 F.91 408 567 9754 an rrvnxiuv au ~ucxo Cupertino Civic Center & Library Project Bid Date: 6/10/03 @ 2:OOPM Collier Building TRANLUCENT 481944 1485 Bayshore Blvd. (415) 467-9235 Specialties CLERESTORY #153 SYSTEM San Francisco CA 94124 PCI -Performance GYPSUM 474795 23485 Connecticut St. (415) 591-0500 Contracting Inc. WALLBOARD & Haywazd, CA 94545 PLASTER Vassallo Tile TILE C54-790504 444 Phelan Avenue (408) 993-8205 San Jose, CA 95112 Preston Holmes Inc. RESILIENT TILE 571034 970 S. Milpitas Blvd. (408) 945-$100 & CARPET Mil itas CA 95035 AIC Painting PAlIQTINGS & 693898 P.O. Box 565 (831) 335 0140 COATINGS Santa Cruz CA 95061 Peninsulators SHADES 757800 1310 Tully Road (408) 297-5800 Suite 116 San Jose CA 95122 Pacific Water Art WATER 623675 1280 La Avenida Ave. (650) 968-2733 Inc. FEATURE Mtn. View, CA 94043 MECHANICAL & ELECTRICAL Transbay Fire FIRE SPRINKLER 629778 2182 Rheem Drive (925) 846-9484 Protection, Inc. Pleasanton, CA 94588 Babel Plumbing PLUMBING 775377 5469 Chesbro Ave (408) 227.1702 Construction, Inc. San Jose, CA 95123 WKW Mechanical HVAC 762811 550 Monterey Road (408) 779-9779 Contractors, Inc. Unit D Mor an Hill CA 95037 Elcor Electric ELECTRICAL 573144 3310 Bassett Street (408) 986-1320 Santa Claza, CA 95054 Holzmueller STAGE 348268 1000 25 Street (415) 826-8383 Productions E UIPMENT San Francisco, CA 94107 Arming-Johnson METAL 652825 22955 Kidder Street (510) 670-0100 Com an DECKING Ha azd, CA 94545 SVTINERTON BUII.DERS 2 of 2 6/11/03 - 1:46 PM O 3 , 6 S ~ Roject No.2003-9222 DOCUMENT 00680 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION P.C.C.§22300 THIS ESCROW AGREEMENT ("Escrow Agreement") is made and entered into this day of , 2003, by and between the CITY OF CUPERTINO, a Municipal Corporation of the State of Califomia (hereinafter "City"), whose address is 1030 Torte Avenue, Cupertino, Califomia 95014; SWINERTON BUILDERS ("Contractor") ,whose place of business is located at 1995 Laurelwood Rd., Santa Claza, CA 95054 and CITY NATIONAL BANK, a state or federally chartered bank in the State of Califomia, whose place of business is located at 2001 N. Main Street, Suite 200. Walnut Creek, CA 94596 ("Escrow Agent"). For the consideration hereinafter set forth, City, Contractor and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of Public Contract Code of the State of Califomia, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by City pursuant to Project Number 2003-9222 entered into between City and Contractor for THE CIVIC CENTER AND LIBRARY PROJECT -PHASE 2 in the amount of $15,052,000 dated July 8, 2003 (the "Contract"). Alternatively, on written request of Contractor, City shall make payments of the retention earnings directly to Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, Escrow Agent shall notify City within ten Days of the deposit. The market value of the securities at the time of substitution shall be at least equal to the cash amount then required to be withheld as retention under terms of Contract between City and Contractor Securities shall be held in name of City of Cupertino, and shall designate Contractor as the beneficial owner. 2. City shall make progress payments to Contractor for those funds which otherwise would be withheld from progress payments pursuant to Contract provisions, provided that Escrow Agent holds securities in form and amount specified in paragraph 1 of this Document 00680. 3. When City makes payment(s) of retention earned directly to Escrow Agent, Escrow Agent shall hold said payment(s) for the benefit of Contractor until the time that the escrow created under this Escrow Agreement is [ertninated. Contractor may direct the investmrnt of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when City pays Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account, and all expenses of City. Such expenses and payment terms shall be determined by City, Contractor, and Escrow Agent. 5. Interest earned on securities or money market accounts held in escrow and all interest earned on that interest shall be for sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to Escrow Agent that City consents to withdrawal of amount sought to be withdrawn by Contractor. 7. City shall have the right to draw upon the securities in event of default by Contractor. Upon seven Days written notice to Escrow Agent Rom City of [he default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by City. 8. Upon receipt of written notification from City certifying that the Contract is final and Complete, and that Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. City of Cupertino 00680 - Escrow Agr. For Secuity Deposits in Lieu of Retention Civic Center and Library Project -Phase 2 4/18/03 Project No.2003-9222 9. Escrow Agent shall rel y on written notifications from City and Contractor ppursuant to paragraphs 5 through 8. inclusive of this Document 00680 and City and Contractor shall hold Escrow Agent harmless from Escrow Agent's Release and disbursement of securities and interest as set forth. 10. Names of persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor in connection with the foregoing and exemplazs of their respective signatures aze as follows: On behalf of City: On behalf of Contractor: City Manager Corporate Controller Title Title David W Knapp Linda G. Schowalter N ' -l Name W Signature ah e 10300 Torre Avenue 26 Townsend Street, 4`" floor Address Address Cupertino, CA 95014 San Francisco CA 94107 City/State/Zip City/State/Zip On behalf of Escrow Agent: On behalf of Contractor: Vice President Vice President, Division Manager Title Title es L. Edson E. E. Blanke azne Name I~ Si a e Signature 2001 N. Main St, Suite 200 1995 Laurelwood Road Address Address Walnut Creek CA 94596 Santa Clara. CA 95054 City/State/Zip City/State/Zip REFERENCE.~ESCROW ACCOUNT No. 432668932 At the time the Escrow Account is opened, City and Contractor shall deliver to Escrow Agent a fully executed counterpart of this Doctment 00680. City of Cupertino 00680 - Escrow Agr. For Secuity Deposits in Lieu of Retention Civic Center and Library Project -Phase 2 4/18/03 ProjectNo.2003-9222 C{ty; Contractor: City of Cupertino SWINERTON BUILDERS City Manal;ex ComorateController Title Title David W. Kna Linda G. Schowalter Signature gna re Escrow Agent Contractor: CITY NATIONAL BANK SWINERTON BUILDERS Vice President Vice President, Division Manager Title Title es L. Edson E. E. Blanke Name Name ig lure Signature REVIEWE AS TO FO Y~~ qty Counsel ~Z. ~0 3 END OF DOCUMENT City of Cupertino 00680 - Escrow Agr. For Secuity Deposits in Lieu of Retention Civic Center and Library Project -Phase 2 4/18/03 01r'' G` RECORDING REQUESTED BY DOCUMENT: 18380590 Pages 3 City of Cupertlno Fees ~ No Fees Taxes... WHEN RECORDED MAIL TO Copies . . AMT PAID City Clerk's Office City of Cupertino BREI~DA DAV I S RDE ~ 006 10300 Torre Avenue SANI-A CLARA COUNTY RECORDER 5/ 19/2005 Cupertlno, CA 95014-3255 Rec+~rded at the request of 2 57 PM C i t~~ (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE INACCORDANCE WITH GOY. CODE 6103 CERTIFICATE OF' COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION CIVIC CENTER AND LIBR~!?RY PROJECT -PHASE 2 PROJECT Nay. 2003-9222 Original D For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 CITY F (408)777-3354 CUPEI~T1N0 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION ANL) NOTICE OF ACCEPTAN~~E OF COMPLETION CIVIC CENTER AND LIBR~~RY PROJECT-PHASE 2 PROJECT N0.2003-9222 NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements in hereinafter described in the contract which was entered into, by, and between the City of Cupertino and Swinerton Builders on ;fuly 8, 2003, in accordance with the plans and specifications for said work, have been compl'.eted to my satisfaction and acceptance of completion was ordered on Apri15, 2005. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. Director of Public Works and City Engineer of the City of Cupertino Date: Apri16, 2005 Printed on Rec.rcled Paper VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 28t" of April, 2005 at Cupertino, California. Administrative Clerk City of Cupertino