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15-049 Casey Construction Inc., Project No. 2004-9620 Monta Vista Storm Drain ImprovementsProject No_ 2004-9620 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year fust above written. MONTA VISTA STORM DRAIN IMPROVEMENTS CITY: CONTRACTOR:Ccg5 Cpn--5��-vtpr\ �1�C CITY OF CUPERTINO, a Municipal Corporation of the LContractor's name] State of California Attest: City Clerk: Grace Schmidt lI C— Appr ved as to form by City Attorney: City Attorney: Carol Korade V� I hereby certify, under penalty of perjury, that David Brandt, City Manager of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino. Date �-A vid Brandt, City Manager of the City of Cupertino, a Municipal Corporation of the State of California Designated Representative: Name: Timm Borden Title: Director of Public Works Address: 10300 Torre Ave., Cupertino, CA 95014 Phone: 408-777-3354 Facsimile: 408-777-3333 AMOUNT: $1,423,980 ACCOUNT NUMBER: 215-9620-9300 1\�l� FILE NO.: 97,559 By: [Signature] [Please print name here] Title: [If Corporation: Chairman , President, or Vice President] By: [Signature] [Please print name here] Title: RfCorporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] -Ick IR aqn Pt . eI VkX7— State Contractor's License No. Classification 31— ©1� Expiration -Date Taxpayer ID No. 01 © 71 & sJ `J LC77 Name: M Title: &ec\"T Address: !6 kAL\Ucx-%N gals. Phone: --57� 3 6 4 - 8 7.G Cn' 9 �l06� Facsimile. 65D - 3649 $5% 8 NOTARY ACKNOLEDGEMENT IS REQIJIRED. IF A CORPORATION, CORPOPUTE SEAL AND CORPORATE NOTARY ACKNOWLEDEN ENT AND FEDERAL T4,\ ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED �. i e e:10�T-1-I,- City of Cupertino 00520-6 Contract Monta Vista Storm Drain Improvements DOCUMENT: 23234783 Pag es : 11 11111111111 Ill II 1111 I Fe e s w No Fees RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 RE GINA ALCO MENDRA S SANTA CLARA CO UNT Y RE CO RDER Re corded a t t he r equ e s t o f c i t y Ta xes . Copies AMT PA ID ROE ** 00 1 3/02 /2016 12 :3 5 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27283 CORRECTION OF RECORDED DOCUMENTS NOTICE OF COMPLETION CITY PROJECT NAME: Monta Vista Storm Drain Improvement Project (City Project No. 2004-9620) .K Original D For Fast Endorsement 5 "NO FEE" City of Cupertino NOTICE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion dated December 1, 2015 for CITY PROJECT NAME: MONT A VISTA STORM DRAIN IMPROVEMENT PROJECT (City Project Number 2004-9620) and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on December 1, 2015 and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: By: February 17, 2016 Lauren Sapudar Senior Offi ce Assistant RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27283 DOCUMENT: 23176481 1,-··· --··· --··-··---···-· ··-·· ·••·• """ ••••• •••••""'I I REGINA ALCOMENDRAS SANTA CL ARA COUNTY RECORDER Re corded at the request of city Pages : 3 Fees . T No Fees Taxes . Copi es . AMT PAID RDE fl 00 8 12/18/2015 10 :2 \ AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION CITY PROJECT NAME: MONTE VISTA STORM DRAIN IMPROVEMENT PROJECT (City Project Number 2004-9620) pl Original D For Fast Endorsement CUPERTINO Recording Requested By: City of Cupertino When Recorded Mail To: City of Cupertino 10300 Torre Ave . Cupertino, CA 95 0 14 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE NOTICE OF COMPLETION Civil Code§§ 8182, 8184 , 9204 , and 9208 NOTICE IS HEREBY GIVEN THAT : 1. The undersigned is the agent of the owner of the project described below . 2. Owner's full name is : City of Cupertino , California . 3. Owner's address is : City Hall, 10300 Torre Ave ., Cupertino , CA 95 0 14 . 4. The nature of owner's interest in the project is: __&_Fee Ownership Lessee Other: __________ _ 5 . Construction work on the project performed on the owner's behalf is generally described as follows : City Project Name: Manta Vista Storm Drain Improvement Project (City Project No .: 2004-9620) Construction of storm drain main line , manholes, catch basins and associated fac ilities . 6. The name of the original contractor for the project is: Casey Construction, Inc. 7. The project was completed on: 11/3/15 . 8. The project is located at: Byrne Avenue, Orange Avenue and San Fernando Ave; Cupertino, CA 95014 Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice , and that the facts stated in this notice are true and correct. December 1, 2015 ; Santa Clara County Date and Place Timm Borden Director of Public Works and City Engineer "NO FEE" City of Cupertino NOTICE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion dated December 1, 2015 for CITY PROJECT NAME: MONTE VISTA STORM DRAIN IMPROVEMENT PROJECT (City Project Number 2004-9620) and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on December 1, 2015 and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: By: December 14, 2015 Lauren Sapudar Senior Office Assistant RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino/ CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27283 DOCUMENT: 23176481 111111111111 11111 11 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of city Pages: 3 Fees.. * No Fees Taxes ... Cop i es. . ___ _ AMT PAID RDE fl 008 12/18/2015 10:21 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION CITY PROJECT NAME: MONTE VISTA STORM DRAIN IMPROVEMENT PROJECT (City Project Number 2004-9620) pl Original D For Fast Endorsement CUPERTINO Recording Requested By: City of Cupertino When Recorded Mail To: City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE NOTICE OF COMPLETION Civil Code§§ 8182, 8184, 9204, and 9208 NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is the agent of the owner of the project described below. 2. Owner's full name is: City of Cupertino, California. 3. Owner's address is: City Hall, 10300 Torre Ave., Cupertino, CA 95014. 4. The nature of owner's interest in the project is: _x_ Fee Ownership Lessee Other: __________ _ 5. Construction work on the project performed on the owner's behalf is generally described as follows: City Project Name: Monta Vista Storm Drain Improvement Project (City Project No.: 2004-9620) Construction of storm drain main line, manholes, catch basins and associated facilities. 6. The name of the original contractor for the project is: Casey Construction. Inc. 7. The project was completed on: 11/3/15. 8. The project is located at: Byrne Avenue, Orange Avenue and San Fernando Ave; Cupertino, CA 95014 Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. December 1, 2015; Santa Clara County Date and Place Timm Borden Director of Public Works and City Engineer City of Cupertino NOTICE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion dated December 1, 2015 for CITY PROJECT NAME: MONTE VISTA STORM DRAIN IMPROVEMENT PROJECT (City Project Number 2004-9620) and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on December 1, 2015 and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: By: December 14, 2015 Lauren Sapudar Senior Office Assistant .• CITY OF CUPERTINO. DATE: 11/02/2015 Contractor: Casey Construction, Inc. 620 Handley Trail Emerald Hills, CA 940624 l\10NTA VISTA STORM DRAIN PROJECT PROJECT NO. 2004-9620 CONTRACT CHANGE ORDER NO. 05 The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, .ex.tended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. Change Daily Work No. Repcu't 05 Descl'iption During the course of the Work, quantity adjustments were made to the following items. cco 05 adj\1sts the contract amount paid for these agreed upon items. Item No. references the SOV number. 1 Item No. 8: 1 over contract tmit amount of $6,500.00 ea. 1 Item No. 9: 1 over contract unit amount of$10,000.00 ea. I Item No. 11: 1 over contract unit amount of$3,800.00 ea. 21 Item No. 12: 21 over contract unit amount of 165.00 ea. 32 Item No. l3: 32 over contract unit amount of$166.00 ea. 1 Item No. 14: l over contract uriit amount of $300.00 ea. 7 Item No. 15: 7 over contract unit amount of $360,00 ea. 10 ltem No. 17: 10 over contract \mit amount of $280.00 ea. . . 1 item no. 10: credit for final munbers 1 tmit not installed $3,000.00 ea. '.?Item No. 16: credit for final number 2 units not installed $1,000.00 ea. 6 Item No. 19: credit for work not performed, 6 units l1ot installed $1,000,00 ea. · $23,(i97.00 $6,500.00. $10,000.00 $3,800.00 $3,465.00 $5,312.00 $300.00 $2,520.00 $2,800.00 ($3,000.00) ($2,000.00) ($6,000.00) Change Order 05 Page 1 .... - MONTA VISTA STORMDRA..IN PROJECT PROJECT NO. 2004-9620 . CONTRACT CHANGE ORDER NO. 05 Total Change Order No. 05 / $23,6.97.00 ! Total Project: Original Contract Change Order No. 1 Change Order Np. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 Revised Contract FINAL CHANGE ORDER REVIEWED BY: City o.f Cup ino Chad Mosley City Project Manager Gilb ne uilding Company Glellll Rock Senior Project Manager. Date: JJ/t~}ir;; -/f--jl~~- $1,423,980.00 $26,974.51 $14,472.45 $14,643.60 $9780.00 $23,697.00 $1,513,547.56 Total Cha11ge Orders APPROVED BY: ~~ City of Cupertino T.imm Borden Director of Public Works Date: \l/t1.../IS Casey Constmction, Inc. Brenden Casey Project J:v.fani;tger Date: $26,974.51 $14,472.45 $14,643.60 $9,780.00 /,/~ $23,691:00 v-!J- $89,567.56 Change Order OS Page2 CU.P1Hl.1'1NO DATE; 09./16/2015 Contractor: Casey Construction. Inc. 620 Hartdley Trail Emerald Hills, CA 940624 pn9(-<'7'?-wl MONT A VISTA STOR1\'1 DRAIN PROJECT PROJECT NO. 2004H9620 CONTRACT CHANGE ORDER NO. 04 T11e following clianges are he1·eby approved, ttotwithswndi11g language in any attaclunent to 1he contrnry, Contractor agrees tllat the amount paid pursuant hereto is foll and complete compensation for the work described herein for each and eveiy entity involved in the project who 1s belng compensated hereunder and that each a.nd every ofaUn.for any cost for schedttle impact such as a delay, Impact, inefficiency, acceleratio.n,-exten<led overhead, Increased supervision, compression and fill other factors affecting cost arising .from the subject of this Change Order ls her)lbyreJeasec! nn<,1 waived hy all such Subcontractors, an<l suppliers at all tiers, Chtmge -·DnilyWork I~ I I N~:_ __ -. ·-.-~~-p_oi_·t ___ ~·------D_e_s_c~_·ip_t_io_n ____ -"-~-~,....., _$_9_1._so_._00___. FA002 163 LF of S'~ pipe on golf course fo1• tie jn $9780.00 04 ·[ ___ r_o_tn_l_C_'I_•n_u_ge~O~r(_Ie_r~_N_o_.0_4 ___ _.__ __ ~--~-- Total Project: Odginal Contract .Change Order No. 1. Change Oxder No. 2 Change Orde.l.' No, 3 Change Order No. 4 Rev.ised Contl'act $1,423;980.00 $26,974.51 $14A72.45 $14,643.60 .$9780.00 $1,489,850.56 Page 1 To1al Change Orders $26,974.51 $14,472.45 $14>643.60 $9780.00 $65,870,56 Change drdet 04 FINAL CHANGE ORDER REVIEWED BY: City of Cupe ino Chad Mosley City Projec~ Manager Date: q /I(, /t 5 MONT A VISTA STORlVI DRAIN PRO.mer PROJECT NO. 2004-9620 CONTRA.CT CHANGE ORDER NO. 04 APPROVED BY; Tinun Borden Directo1:.of Public Works Date:~ ~--f ~-\;=:Slfa..J._,.,___,_.4~~-~~-\ ·.~ e Building Company Glenn Rock Senio1' Project Manager Date: 3./-1VfJ0 Date: j\ \\, \ \{ Change Order 04 Page 2 CITY OF a CUPERTINO DATE: 09/10/2015 Contractor: Casey Construction, Inc. 620 Handley Trail Emerald Hills, CA 940624 f r-ot>e. t:,4 -cJ cl /1 o /I~ MONTA VISTA STORM DRAIN PROJECT PROJECT NO. 2004~9620 CONTRACT CHANGE ORDER NO. 03 The following changes are hereby approved, notwithstanding language in any attachment to the contrary; Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. Change Daily Work Desc1·iption $14,643.60 No. Report 8/18/15 T &M to place 6'' extension on inlet, re-grade and pave. $3992.75 8/27/15 T&M to modify basin shape and depth as directed. $2939.48 03 T &M to finish replacing rock in basin area, 2 hours T &M to 8128115 place jute netting and slope protection as directed. $3111.98 9/1/15 Replace existing monument at Orange & Lomita due to change $4599.39 in field. Total Change Order No. 03 $14,643.60 Total Project: Original Contract Change Order No. 1 Change Order No. 2 $1,423,980.00 $26,974.51 $14,472.45 Page 1 $26,974.51 $14,472.45 Change Order 03 Change Order No. 3 Revised Contract FINAL CHANGE ORDER REVIEWED BY: City of Cupertin Chad Mosley City Project Manager e Building Company Glenn Rock Seni01· Project Manager MONTA VISTA STORM DRAIN PROJECT PROJECT NO. 2004~9620 CONTRACT CHANGE ORDER NO. 03 $14,643.60 $1,480,070.56 Total Change Orders $14,643.60 $56,090.56 APPROVED BY: L).. eity 0 ~ertlno (!77'-Timm Borden Page 2 Director of Public Works Date: q · /tJ .. lotS' Casey Construction~nc. Brenden Casey Project Manager Date: 9 · \ 0 · \J Change Order 03 CASEY CONSTRUCTION,INC. 619 SYLVAN WAY EMERALD HILLS, CA 94062 Bill To CITY OF CUPERTINO I 0300 TORRE A VE. CUPERTINO, CA. 95014 Quantity Description MONT A VISTA STORM DRAIN IMPROVEMENTS PROJECT#2004-9620 Daily Work Report Dated 8/! 8/15 Daily Work Report Dated 8/27/15 Daily Work Report Dated 8/28/15 Daily Work Rep011 Dated 9/1/15 Phone# Fax# 650-369-1876 650-366-8578 Invoice Date Invoice# 91912015 1325 P.O. Number Project MONTA VISTA ST ... Price Each Amount 4;612:00 :Jtt'? ~ '75 tt,072:00 ~98:27'" !Jjf 3tt-f!~- ~ '31//.1 ~ .4,69t;38 4'5 qlf, "31-4;69r.Jil• Total ftt4;9~ Project Name: Cupertino/ Manta Vista Contractor: Casey Construction. Inc CONTRACT WORK PERFORMED Item# Description Unit Survey Station PLACED 6" GRATE EXTENSION ON DI AT BYRNE/LOMITA STA 26+82 & GROUTED. REGRADED BACK TO EXISTING GRADE. REMOVED CB LOCATION 35 FT & PAVED AS DIRECTED. PLACED INLET AT STA 52+92 ON ORANGE AVE & 20LF LATERAL EQUIPMENT Equip# Description Hours Hourly rate Ext. amount 1 Kobelco Excavator 4 $ 54.49 $ 217.96 2 Backhoe .4 $ 54.64 $ 218.56 3 Compressor 4 $ 21.33 $ 85.32 4 2 Ten Wheel Dumps 4 $ 72.07 $ 28828 5 2 Crew trucks 8 $ 33.46 $ 267.68 7 Super Dump $ 100.00 $ - SUBTOTAL COST OF EQUIPMENT $1,077.80 MATERIAL Description Unit Unit cost Ext Amt 6" FRAME & GRATE TOP FOR 1 $ 612.00 2X21NLET SUBTOTAL COST OF MATERIALS $ 612.00 WORK DONE BY SPECIALISTS , I Inv# Description Amount SUBTOTAL COST OF WORK DONE BY SPECIALISTS $ - Contractor Foreman Date CSJ Reviewed by Date File#: DAILY WORK REPORT Date: 08/18/15 Foreman: Gerry McGrillen · Weather: SUNNY DIARY AND REMARKS New and unforseen Work ( ) None { x ) Yes, describe TIME & MATERIAL TO PLACE 6" EXTENSION ON INLET, REGRADE, &PAVE ADDITIONAL 4 HRS. NOT BID. EXTRA WORK LABOR Emp# Employee name Hrs Hourly rate Ext amount FOREMAN GERRY MCGRILLEN 4 $ 75.27 $ 301.08 OP PATRICK MAHONEY 4 $ 75.27 $ 301.08 OP ALEX SANCHEZ $ 75.27 $ - LABOR MIGUEL AVILA 4 $ 57.25 $ 229.00 DRIVER JOHN CORREIA 4 $ 62.95 $ 251.80 DRIVER FAUSTINO BAR!GGA $ 62.95 $ - LABOR SEAN GRIBBEN 4 $ 57.25 $ 229.00 LABOR LUIS VASQUEZ $ 57.25 $ - LABOR COREY MCGRILLEN 4 $ 57.25 $ 229.00 SUBTOTAL COST OF LABOR $ 1,540.96 33% Labor surcharge (see Special Provisions) $ 508.52 Subsistence TOTAL COST OF LABOR $ 2,049.48 TOTAL COST OF EQUIPMENT, MATERIALS AND WORK $ 1,689.80 + 15% on equipment, material and work $ . 253.47 TOTAL EQUIPMENT, MATERIALS AND WORK $ 1,943.27 TOTAL EQUIPMENT, MATERIALS AND LABOR $ 3,992.75 2%BOND $ 4'9.85• TOTAL COST $ ., 4,072.G.O. .3'\ '1t... 15 Project Name: Cupertino/ Monta Vista Contractor: Casey Construction. Inc CONTRACT WORK PERFORMED Item# Description Unit Survey Station BACFILLED SLOPE AREA ON 18" HOPE FROIV GOLF COURSE BEGAN PLACEEMNT OF 8" OVERFLOW FROM BASIN TO EXISTING DRAIN AS DIRECTED BY CITY ENGINEER &DESIGNER EQUIPMENT Equip# Description Hours Hourly rate Ext. amount 1 Kobelco Excavator 4 $ 54.49 $ 217.96 2 Backhoe $ 54.64 $ - 3 Meco Flat Saw & Trailer $ 100.00 $ - 4 2 Ten Wheel Dumps 4 $ 72.07 $ 288.28 5 2 Crew trucks 8 $ 33.46 $ 267.68 7 Super Dump $ 100.00 $ - SUBTOTAL COST OF EQUIPMENT $ 773.92 MATERIAL Description Unit Unit cost Ext Amt SUBTOTAL COST OF MATERIALS $ - WORK DONE BY SPECIALISTS Inv# .Description Amount SUBTOTAL COST OF WORK DONE BY SPECIALISTS $ - . , Contractor Foreman Date CSJ Reviewed by Date File#: DAILY WORK REPORT Date: 08/27 /15 Foreman: Gerry McGrillen Weather: SUNNY DIARY AND REMARKS New and unforseen Work ( ) None ( x ) Yes, describe TIME & MATERIAL TO MODIFY BASIN SHAPE AND DEPTH AS DIRECTED ADDITIONAL 4 HRS CREW & EQUIPMENT NOT BID. EXTRA WORK. LABOR Emp# Employee name Hrs Hourly rate Ext. amount FOREMAN GERRY MCGR!LlEN 4 $ 75.27 $ 301.08 OP PATRICK MAHONEY 4 $ 75.27 $ 301.08 OP ALEX SANCHEZ $ 75.27 $ - LABOR MIGUEL AVILA 4 $ 57.25 $ 229.00 DRIVER JOHN CORREIA 4 $ 62.95 $ 251.80 DRIVER FAUSTINO BARIGGA $ 62.95 $ - LABOR SEAN GRIBBEN 4 $ 57.25 $ 229.00 LABOR LUIS VASQUEZ $ 57.25 $ - LABOR COREY MCGR!LlEN 4 $ 57.25 $ 229.00 SUBTOTAL COST OF LABOR $ 1,540.96 33% Labor surcharge {see Special Provisions) $ 508.52 Subsistence TOT AL COST OF LABOR $ 2,049.48 TOTAL COST OF EQUIPMENT, MATERIALS AND WORK $ 773.92 + 15% on equipment, material and work $ 116.09 TOTAL EQUIPMENT, MATERIALS AND WORK $ 890.01 TOTAL EQUIPMENT, MATERIALS AND LABOR $ 2,939.48 2% BOND $ ~~ -~ ~ ~-. - TOTAL COST $ :,-~:.~, .;;:t~_:3q. 'i 5 Project Name: Cupertino/ Monta Vista Contractor: Casey Construction, Inc. CONTRACT WORK PERFORMED Item# Description Unit Survey Station BACKFILLED SLOPE AREA ON 18" HOPE FRO GOLF COURSE. BEGAN PLACEEMNT OF 8" OVERFLOW FROM BASIN TO EXISTING DRAIN AS DIRECTED BY CITY ENGINEER & DESIGNER. EQUIPMENT Equip# Description Hours Hourly rate Ext. amount 1 Kobelco Excavator 4 $ 54.49 $ 217.96 2 Backhoe $ 54.64 $ - 3 Meco Flat Saw & Trailer $ 100.00 $ - 4 2 Ten Wheel Dumps 4 $ 72.07 $ 288.28 5 2 Crew trucks 8 $ 33.46 $ 267.68 7 SuperDump $ 100.00 $ - SUBTOTAL COST OF EQUIPMENT $ 773.92 MATERIAL Description Unit Unit cost Ext Amt JUTE NETTING, STAPLES, & 1 $ 150.00 STRAW WADDLES SUBTOTAL COST OF MATERIALS $ 150.00 WORK DONE BY SPECIALISTS Inv# Description Amount SUBTOTAL COST OF WORK DONE BY SPECIALISTS $ - . ·tcontractor Foreman Date CSJ Reviewed by Date File#: DAILY WORK REPORT Date: 08/28/15 Foreman: Gerry McGrillen Weather: SUNNY - ---- - - DIARY AND REMARKS New and unforseen Work ( ) None ( x ) Yes, describe T&M TO FINOSH REPLACING ROCK IN BASIN AREA 2 HRS T&M TO PLACE JUTE NETTING AND SLOPE PROTECTION AS DIRECTED. ADDITIONAL 4 HRS CREW & EQUIPMENT NOT BID. EXTRA WORK. LABOR Emp# Employee name Hrs Hourly rate Ext. amount FOREMAN GERRY MCGRILLEN 4 $ 75.27 $ 301.08 OP PATRICK MAHONEY 4 $ 75.27 $ 301.08 OP ALEX SANCHEZ $ 75.27 $ - LABOR MIGUEL AVILA 4 $ 57.25 $ 229.00 DRIVER JOHN CORREIA 4 $ 62.95 $ 251.80 DRIVER FAUSTINO BARIGGA $ 62.95 $ - LABOR SEAN GRIBBEN 4 $ 57.25 $ 229.00 LABOR LUIS VASQUEZ $ 57.25 $ - LABOR COREY MCGRILLEN 4 $ 57.25 $ 229.00 SUBTOTAL COST OF LABOR $ 1,540.96 33% Labor surcharge (see Special Provisions) $ 508.52 Subsistence TOTAL COST OF LABOR $ 2,049.48 TOTAL COST OF EQUIPMENT, MATERIALS AND WORK $ 923.92 + 15% on equipment, material and work $ 138.59 TOTAL EQUIPMENT, MATERIALS AND WORK $ 1,062.51 TOTAL EQUIPMENT, MATERIALS AND LABOR $ 3,111.98 2%BOND $ ~~">A ·-· TOTAL COST $ -$;174:22"' 3i)\/1.t3 Project Name: Cupertino/ Manta Vista Contractor: Casey Construction. Inc CONTRACT WORK PERFORMED Item# Description Unit Survey Station REPLACED MONUMENT WHICH WAS REMOVED DUE TO REVISED PLANS EQUIPMENT Equip# Description Hours Hourly rate Ext amount 1 Kobelco Excavator $ 54.49 $ - 2 Backhoe $ 54.64 $ - 3 Meco Flat Saw & Trailer $ 100.00 $ - 4 2 Ten Wheel Dumps· $ 72.07 $ - 5 2 Crew trucks 4 $. 33.46 $ 133.84 7 Super Dump $ 100.00 $ - SUBTOTAL COST OF EQUIPMENT $ 133.84 MATERIAL Description Unit Unit cost Ext Amt CONCRETE 1 $ 30.00 G-5 MONUMENT BOX 12 $ 55.00 SUBTOTAL COST OF MATERIALS $ 85.00 WORK DONE BY SPECIALISTS Inv# Description Amount KIER & WRIGHT REFERENCE MONUMENT $3,300.00 SUBTOTAL COST OF WORK DONE BY SPECIALISTS $3,300.00 .. ·Contractor Foreman Date CSJ Reviewed by Date File#: DAILY WORK REPORT Date: 09/1/15 Foreman: Gerry McGrillen Weather. SUNNY - DIARY AND REMARKS New and unforseeri Work ( ) None { x ) Yes, describe REPLACE EX MONUMENT AT ORANGE & LOMITA ADDITIONAL 2 HRS CREW & EQUIPMENT NOT BID. EXTRA WORK. LABOR Emp# Employee name Hrs Hourly rate Ext. amount FOREMAN GERRY MCGRILLEN 2 $ 75.27 $ 150.54 OP PATRICK MAHONEY 2 $ 75.27 $ 150.54 OP ALEX SANCHEZ $ 75.27 $ - LABOR MIGUEL AVILA 2 $ 57.25 $ 114.50 DRIVER JOHN CORREIA $ 62.95 $ - DRIVER FAUSTINO BARlGGA $ 62.95 $ - LABOR SEAN GRIBBEN $ 57.25 $ - LABOR LUIS VASQUEZ $ 57.25 $ - LABOR COREY MCGRILLEN $ 57.25 $ - SUBTOTAL COST OF LABOR $ 415.58 33% Labor surcharge (see Special Provisions) $ 137.14 TOT AL COST OF LABOR $ 552.72 TOTAL COST OF EQUIPMENT, MATERIALS AND WORK $ 3,518.84 + 15% on equipment, material and work $ 527.83 TOTAL EQUIPMENT, MATERIALS AND WORK $ 4,046.67 TOTAL EQUIPMENT, MATERIALS AND LABOR $ 4,599.39 2%BOND $ 9~.99. TOTAL COST $ -4;691:38" '1.5Cfq.:3q I CUPE!R'flNO DATEt 08/18/2015 Contl•actor: Casey Constrnotlon~ Inc. 620 Handley Trail Emerald Hills, CA 940624 MONTA VlSTASTORMDRAINPROJECT PROJECT NO. 2004~9620· CONTRACT CHANGE ORDER NO, 02 The foJlowlng changes are hereby approved 1 notwithstanding language 1tt n11y attaohment to the ccutrnry, Contractor agrees that the amotmt pnfd pms~rnut fiereto !s fu11 mtd complete compeiis11tion :for lhe work d1Jscribed herein for each and every entity Involved ill ~he p1·oject who is be.fog compensated Jierelmder iind that each nnd every claim for inzy cost fol' schedule Impact such as f; de1ay1 impa.ot1 Inefficfency, accelerntlon, exlended overhead> .increased supervlslon, compre~sion and all other factots affeotltig cos~ arlslng from the 1.;ii\JJi;ct of this Chmig~fOrder is hereby rele~sed and walved by all sLtch Subcontractors and suppliers at all tiers. Clumge Daily 'Vol'k No. Report 7/16/15~7/28/15 7/27/15 02 ' 7127115 7/28/15 ' 7/29115 Descl'iptlon Unfol'eseen abandoned gas mnln in tl'ench l'equlred to out aud 1·emove. $368.76/day at 9 days · Unforeseen 411 orist iron water line conflicting with Catch Basin. Required to saw cut new hole in CB and mise floor to new 12't invei't per revised drawings in ol.'der to avoid sewe1' line. ' Unforeseen extrn work to avoid sewer line. Required to modify !)l'eoast CB to suite revised drnwings raising elevation of l21'RCP. Hole in CB to raise gl'ade at Almaden Ave, concrete inside of the box to raise i11ve1·t level to match new SD elevation pe~· 1·evised drnwing. Abandoned gas main in tl'ench l'eq uired to cut and i-emoved, Between STA 57+34 to STA 57+26 live gas main shown 011 dwgs outside oftl'ench entered the SD trench, U11fo1'esee.n confliot. New SD line was moved 18') ove.r and away from the gas main, $14~472.45 $3318.84 $2538.6l $1749.91 $1831~37 $5033.72 change order 02 Page :t MONTA VISTA STORM DRAIN PROJECT PROJECT NO, 2004K9620 CONTRACT CHANGE ORDER NO, 02 Totfll Change Ol'der No. 02 Totnl Projoct; Original Contract Change Ordel'No. 1 Change Order No, 2 Revised Confract $1,423,980.00 $26,974.51 $14,472.45 $1A65,426.96 Schedule Impact: 0 calencfol' days Total Change Orders Project Final Completioll Date: August 20, 2015 REVillWEDBY: ~b=--City of Cupet111? · Chad Mosley Clty Project Manager Date: 'DI 3 J / t 5 • Gilb 1e Bui1dh1g Co!11pa11y Glenn Rook Senior Project Ma11age1· Date:~~ APPROVED BY: --(,f'J--city ofCiino Timm Borden Director of Public W01·U'.s Date: S • '11 • ~1S" ' ~~~ Casey Co11$tructlo11, Inc. fuenelen Gas&yfl?r'Yli (V.t..b n' H't' .. f'l Pl'oject Manager D!ito: S /31) !S-1 I $26 1974.Sl $14,472.45 $41,446.96 Change order02 Page 2 Project Name: Cupertino/ Monta Vista Contractor: Casey Construction. Enc. CONTRACT WORK PERFORMED ltern# Description Unit Survey Station INSTALLING 30" PlPE ON ORANGE AVE EQUIPMENT Equip# Description Hours Hourly rate Ext. amount 1ITakehuchi1140 0.5 $ 110.00 $ 55.00 2 Backhoe $ 54.64 $ - 3 Compressor $ 21.33 $ - 41 Ten Wheel Dumps 0.5 $ 72.07 $ 36.04 5 2 Crewtrucks 1 $ 33.46 $ 33.46 7 SuµerDump 0.5 $100.00 $ 50.00 SUBTOTAL COST OF EQUIPMENT $ 174.50 MATERJAL Descliptlon Unit· Unit cost Ext Amt SUBTOTAL COST OF MA.TERIALS $ - WORK DONE BY SPECIAUSTS In\/# Description Amount SUBTOTAL COST OF WORK DONE BY SPEClAL!STS .· Contractor Foreman Date CSJ Reviev.red by Date File#: DAILY WORK REPORT Date: 07/16115 Foreman: A Brambilla Weather: SUNNY DtARY AND REMARKS New and unforseen Work { ) None ( x ) Yes, describe ABAONDONED GAS MAIN IN TRENCH REQUfRED TO CUT & REMOVl NOT BID UNFORESEEN. EXTRA WORK LABOR Emp# Employee name Hrs Hourly rate Ext.amount FOREWJA.N ALFREDO BRAMBILLA 0.5 $ 75.27 $ 37.64 OP PATRICK MAHONEY $ 75.27 $ - OP ALEX SANCHEZ $ 75.27 $ - LABOR ADAN SEDANO 0.5 $ 57.25 $ 28-63 DRIVER JOHN CORREIA 0.5 $ 62.95 $ 31.48 DRIVER FAUSTINO BARIGGA $ 62.95 $ - lABOR HUMBERTO LOPEZ 0.5 $ 57.25 $ 28.63 LABOR RA.UL ANDRADE $ 57.25 $ - LABOR COREY MCGR!LlEN $ 5725 $ - SUBTOTAL COST OF LABOR $ 126.38 3~.k Labor surcharge (see Special Provisions) $ 41.71 Subsistence TOTAL COST OF lABOR $ 168.09 TOTAL COST OF EQUIPMENT, MATERIALS AND WORK $ 174.50 + 15% on equipment, material and work $ 26.17 TOTAL EQUIPMENT, MATERIALS AND WORK $ 200.67 TOTAL EQUIPMENT, MATERIALS AND LABOR $ 368.76 2%BOND TOTAL COST $ 368.76 Project Name: Cupertino/ Monta Vista Contractor. Casey Constructio"n, Inc. CONTRACT WORK PERFORMED Item# Descnption Unet Survey Station INSTALLING 30 "PIPE ON ORANGE AVE EQUIPMENT Equip# Description Hours Hourly rate Ext. amount 1 Takehuchi 1140 0.5 $ 110.00 $ 55.00 2 Backhoe $ 54.64 $ - 3 Compressor -$ 21_33 $ - 4 1 Ten Wheel Dumps 0.5 $ 72.07 $ 36.04 5 2 Crew trucks 1 $ 33-46 $ 33.46 7 Super Dump 0.5 $ 100.00 $ 50.00 SUBTOTAL COST OF EQU[PMENT $ 174.50 MATERIAL Description Unit Unit cost Ext Amt SUBTOTAL COST OF MATERIALS $ - WORK DONE BY SPECIALISTS lnv# Description Amount SUBTOTAL GUST OF WORK DONE BY SPECIALISTS 9ontractor Foreman Date ~J Reviewed by Date File#~ DAILY WORK REPORT Date: 07117/15 Foreman: A Brambilla Weather: SUNNY DIARY AND REMARKS New and unforseen Work ( } None ( x ) Yes, describe ABAONDONED GAS MAIN lN TRENCH REQUIRED TO CUT & REMOVE NOT BID UNFORESEEN. EXTRA WORK LABOR Emp# Emptoyee name Hrs Hourly rate Ext. amount FOREMAN ALFREDO BRAMBILLA 0.5 $ 75.27 $ 37.64 OP PATRICK MAHONEY $ 75.27 $ - OP ALEX SANCHEZ $ 75.27 $ - LABOR ADAN SEDANO 0.5 $ 5725 $ 28.63 DRIVER JOHN CORREIA 0.5 $ 62.95 $ 31-48 DRIVER FAUSTINO BARIGGA $ 62.95 $ - LABOR HUl\.ilBERTO LOPEZ 0.5 $ 5725 $ 28.63 LABOR RAUL ANDRADE $ 5725 $ - LABOR COREY MCGRl LLEN $ 5725 $ - ' SUBTOTAL COST OF LABOR $ 126.38 33% Labor surcnarge (see Special Provisions) $ 41-71 Subsistence TOTAL COST OF LABOR $ 168.09 TOTAL COST OF EQUIPMENT, MATERIALS AND WORK $ 174.50 + 15% on equipment, material and work $ 26.17 TOTAL EQUIPMENT, MATERIALS AND WORK $ 200.67 TOTAL EQUIPMENT, MATERIALS AND LABOR $ 368.76 2%BOND TOTAL COST $ 368.75 Project Name: Cupertino/ Monta Vista Contractor: Casey Construction, Inc. CONTRACT WORK PERFORMED Item# Description Unit Survey station INSTALLING 30" PIPE ON ORANGE AVE EQUIPMENT Equip#' Description Hours Hourtyrate Ext.amount 1 Takehuchi 1140 0.5 $ 110.00 $ 55.00 2 Backhoe $ 54.64 $ - 3 Cornoressor $ 21.33 $ - 4 1 Ten Wheel Dumps 0.5 $ 72.07 $ 36.04 5 2 Crew trucks i $ 33.46 $ 33.46 7 Super Dump 0.5 $ 100.00 $ 50.00 SUBTOTAL COST OF EQUIPMENT $ 174.50 MATERIAL Description Unit Unit cost Ext Amt SUBTOTAL COST OF MATERIALS $ - WORK DONE BY SPECIALISTS Jn\!# Description Amount SUBTOTAL COST OF WORK DONE BY SPECIALISTS Contractor Foreman Date CSJ Reviewed by Date File#:. DAILY WORK REPORT Date: 07120/15· Foreman: A Brambma Weather: SUNNY DIARY AND REMARKS . New and unforseen Work ( ) None {x) Yes, do;scribe ABAONDONED GAS MAIN IN TRENCH REQUIRED TO CUT & REMOV NOT BID UNFORESEEN. EXTRA WORK tABOR Emp# Employee name Hrs Hourly rate Ext amcunt FOREMAN ALFREDO BRAMBILLA 0.5 $ 7527 $ 37.64 OP PATRICK MAHONEY $ 75.27 $ - OP ALEX SANCHEZ $ 75.27 $ - LABOR ADAN SEDANO 0.5 $ f,725 $ 28.63 ORNER JOHN CORREIA 0.5 $ 62.95 $ 31.48 DRIVER FAUSTINO BAR!GGA $ 62.95 $ - tABOR HUMBERTO LOPEZ 0.5 $ 57.25 $ 28.63 LABOR RAUL ANDRADE $ 57.25 $ - LABOR COREY MCGRILLEN $ 5725 $ - - SUBTOTAL COST OF LABOR $ 126.38 33% Labor surcharge (see Special ProvlSrons) $ 41.71 Subsistence TOTAL COST. OF LABOR $ 168.09 TOTAL COST OF EQUIPMENT, MATERIALS AND WORK $ 174,50 .i. 15% on equipment, material and wo!k $ 26.17 TOTAL EQUIPMENT, MATERIALS AND WORK $ 200.67 TOTAL EQUIPMENT, MATERIALS AND LABOR $ 368.76 2%BOND TOTAL COST $ 368.76 Project N::ime: Cupertino/ Monta Vista Contractor: Casey Construction. Inc. CONTRACT WORK PERFORMED Item# [)gscrlption Unit Survey Station JNSTALLING 30" PIPE ON ORANGE AVE EQUIPMENT Equip# Description Hours Hourly rate Ext. amount 1 Takehuchi1140 a.5 $ 110.00 $ 55.00 2 Backhoe $ 54.64 $ - 3 Compressor $ 21.33 $ - 4 1 Ten Wheel Dumps 0.5 $ 72_07 $ 36.04 5 2 Crew trucks 1 $ 33.46 $ 33.46 7 SUperDump 0.5 $ 100_00 $ 50.00 SUBTOTAL COST OF EQUIPMENT $ 174.50 MATERIAL Description Unit Unit cost Ext Arnt SUBTOTAL COST OF MATERIALS $ - WORK DONE BY SPECIALISTS Inv# Description Amount SUBTOTAL COST OF WORK DONE BY SPECIALISTS Contractor Foreman Date CSJ Reviewed by Date File#:. DAILY WORK REPORT Date: 07/21/15 Foreman: A Brambilla Weather: SUNNY DIARY AND REMARKS New and unforseen Work ( ) None ( x ) Yes, describe ABAONDONED GAS MAIN IN TRENCH REQUIRED TO CUT & REMO\/l NOT BID UNFORESEEN_ EXTRA WORK. LABOR Emp# Employee name His Hourly rate Ext. amount FOREMAN ALFREDO BRA.MBILLA 0.5 $ 75.27 $ 37.64 OP PATRICK MAHONEY s 75.27 $ - . OP ALEX SANCHEZ $ 7527 $ - LABOR ADAN SEDANO 0.5 $ 57.25 $ 28.63' DRIVER JOHN CORREIA 0.5 $ 62.95 $ 31.48 DRIVER FAUSTINO BAR!GGA $ 62.95 $ - LABOR HUMBERTO LOPEZ 0.5 $ 5725 $ 28.63 LABOR RA.UL ANDRADE $ 57.25 $ - LABOR COREY MCGRILLEN $ 57.25 $ - SUBTOTAL COST OF LABOR $ 126.38 33% L.aOOr surcharge (see Special Provisions) $ 41.71 Subsistence TOTAL COST OF LABOR $ 168.09 TOTAL COST OF EQUlPMENT, MATERIALS AND WORK $ 174.50 + 15% on equipment, material and work $ 26.17 TOTAL EQUIPMENT, MATERtALS AND WORK $ 200.67 TOTAL EQUIPMENT, MATERIALS AND LABOR $ 386.76 2%BOND TOTAL COST $ 386.76 Project Name: Cupertino/ Manta VJSta Contractor: Casey Construction, Inc. CONTRACT\NORKPERFORMED Item# Description Unct: Su:vey Station INSTALLING 30" PIPE ON ORANGE AVE EQUIPMENT Equip# oesclipfion Hours Hourly rate Ext.amount 1 Takehuchi 1140 0.5 $ 110.00 $ 55.00 2 Backhoe $ 54.64 $ - 3 Compressor -$ 21.33 $ - 4 1 Ten Whee! Dumps 0.5 $ 72.07 $ 36.04 5 2 Crew trucks 1 $ 33.46 $ 33.46 7 Super Dump 0.5 $ 100.00 ·$ 50.00 SUBTOTAL COST OF EQUIPMENT $ 174.50 MATERIAL Description Untt Unit cost Ext Amt SUBTOTAL COST OF MATERIALS $ - WORK DONE BY SPECIALISTS In\/# Description Amount SUBTOTAL CO:::>T OF WORK DONE 6Y SPEClALlSTS Contractor Foreman Date CSJ Reviewed by Date File#: DAlL Y WORK REPORT Date: 07/22115 Foreman: A. Brambilla Weather: SUNNY ·-- DIARY AND REMARKS New and unf.orseen Work { ) None { x ) Yes, descrrbe ABAONDONED GAS MAIN IN TRENCH REQUIRED TO CUT & REMOVI NOT BID UNFORESEEN. EXTRA WORK LABOR Emp# Employee name H~ Hourly rate Ext.amount FOREMAN ALFREDO BRAMBILLA 0.5 $ 7527 $ 37.64 OP PATRICK MAHONEY $ 7527 $ - OP ALEX SANCHEZ $ 7527 $ - LABOR ADAN SEDANO 0.5 $ 57.25 $ 28.63 DRIVER JOHN CORREIA 0.5 $ 62.95 $ 31.48 DRIVER FAUSTINO BARIGGA $ 62.95 $ - LABOR HUMBERTO LOPEZ 0_5 $ 5725 $ 28.63 LABOR RAUL ANDRADE $ 5725 $ - LABOR COREY MCGRILLEN $ 5725 $ - SUBTOTAL COST OF LABOR $ 126.38 33% Labar surcharge (see Special Provisions) $ 41.71 Subsistence TOTAL COST OF LABOR $ 168.09 TOTAL COST OF EQUJPMENT, MATERIALS AND WORK $ 174.50 + 15% on equipment, material and work $ 26.17 TOTAL EQUIPMENT, MATERJALS AND WORK $ 200.67 TOTALEQUtPMENT. MATERIALSAND 1..ABOR $ 368.76 2%BOND TOTAL COST $ 368.76 Project Name: Cupertino] Monta Vista Contractor: Casey Construction, Inc.____ _ CONTRACT WORK PERFORMED Item# Description Unit Survey Station INSTALLING 30" PIPE ON ORANGE AVE EQUIPMENT Equip# Description Hours Hourly rate Ext. amount 1 Takehuchi 1140 0.5 $ 110.DO $ 55.00 2 Backhoe $ 54.64 $ - 3 Compressor $ 21.33 $ - 4 1 Ten Wheel Dumps 0.5 $ 72.07 $ 36.04 5 2 Crew trucks 1 $ 33.46 $ 33.46 7 Super Dump 0.5 $ 100.00 $ -50.00 SUBTOTAL COST OF EQUIPMENT $ 174.50 MATERIAL Description Unit Unit cost Ext Amt SUBTOTAL COST OF MATERIALS $ - WORK DONE BY SPECIALISTS Inv# Description Amount SUBTO I AL COST OF WORK DONE BY SPECIALISTS pontractor Foreman Date CSJ Reviewed by Date - File#: DAILY WORK REPORT Date: 07/23/15 Foreman: A Brambilla Weather. SUNNY DIARY AND RENT.ARKS New and unforseen Work C ) None ( x ) Yes, descooe ABAONDONED GAS MAIN IN TRENCH REQUIRED TO CUT & REMOVI NOT BID UNFORESEEN. EXTRA WORK - LABOR Emp# Employee name Hrs Hourly rate Ext. amount . FOREMAN ALFREDO BRAMBILLA 0.5 $ 7527 $ 37.64 OP PATRICK l\.llA.HONEY $ 75.27 $ - OP ALEX SANCHEZ $ 75.27 $ - LABOR ADAN SEDANO 0.5 $ 57.25 $ 28.63 DRIVER JOHN CORREIA 0.5 $ 62.95 $ 31.48 DRIVER FAUSTINO BARIGGA $ 62.95 $ - LABOR HUMBERTO LOPEZ 0.5 $ 57.25 $ 28.63 LABOR RAUL ANDRADE $ 57.25 $ - LABOR COREY MCGRILLEN $ 57.25 $ - SUBTOTAL COST OF LABOR $ 126.38 25% Labor surcharge {see Special Provisions) .$ 41.71 Subsistence TOTAL COST OF LABOR $ 168.09 TOTAL COST OF EQUIPMENT, MATERIALS AND WORK $ 174.50 + 15% on equipment, material and work $ 26.17 TOTAL EQUIPMENT, MATERIALS AND WORK $ 200.67 TOTAL EQUIPMENT, MATERlALS AND LABOR $ 368.7$ 2%BOND TOTAL COST $ 368.16 Project Name: Cupertino/ lVloni:a Vista Contractor. Casey Constructio~, Inc. ___ . CONTRACT WORK PERFORMED !tern# Description Unit Survey Station INSTALLING 30" PIPE ON ORANGE AVE EQUIPMENT Equip# Description Hours Hourly rate Ext ?mount 1 Takehuchi 1140 0.5 $ 110.00 $ 55.QO 2 Backhoe $ 54.64 $ - 3 Compressor $ 21.33 $ ~ 4 1 Ten Wheel Dumps 0.5 $ 72.07 $ 36.04 5 2 Crew trucks 1 $ 33.46 $ 33.46 7 Super Dump 0.5 $ 100.00 $ 50.00 SUBTOTAL COST OF EQUIPMENT $ 174.50 MAT~IAL Description Unft Unit cost Ext Amt SUBTOTAL COST OF MATERIALS $ - WORK DONE BY SPEC!ALJSTS Inv# Description Amount SUBTOTAL CO$T OF WORK DONE BY SPECIALIS IS pontractor Foreman Date CSJ Reviewed by Date File#: DAILY WORK REPORT Date: 07/24/15 Foreman: A Brambilla Weather: SUNNY DIARY AND REMARKS New and unforseen Work ( ) None (x ) Yes, desclibe ABAONDONED GAS MAIN lN TRENCH REQUIREO TO CUT & REMOVI NOT BID UNFORESEEN. EXTRA WORK LABOR !:mp# Employee name Hts Hourly rate Ext. amount FOREMAN ALFREDO BRAMB!LLA 0.5 $ 75.27 $ 37.64 OP PATRICK MAHONEY $ 75.27 $ - OP ALEX SANCHEZ $ 75.27 $ - LABOR ADAN SEDANO 0.5 $ 67.25 $ 28.63 DRIVER JOHN CORREIA -o.s $ 62.95 $ 31.48 DRJVER FAUSTINO BARIGGA $ 62.95 $ - LABOR HUMBERTO LOPEZ 0.5 $ 5725 $ 28.63 LABOR RAULANDP.ADE $ 57.2:5 $ - l.ABOR COREY MCGRtLLEN $ 57.25 $ - SUBTOTAL COST OF LABOR $ 126.38 33% Labor surchaige (see Special Provisions) $ 41.71 Subsistence TOT AL COST OF LABOR $ 168.09 TOTAL COST OF EQUIPMENT, MATERIALS AND WORK $ 174.50 + 15% on equipment, material and work $ 26.17 TOTAL EQUIPMENT, MATERIALS AND WORK $ 200.67 TOTAL EQUIPMENT, MATERIALS AND LABOR $ 368.76 2%BOND TOTAL COST $ 368.76 Project Name: Cupertino/ Monta VJSta Contractor: Casey Construction,Jnc. ____ _ CONTRACT'WORKPERFORMED Item# Description Unit Survey Station INSTALLING 30" PIPE ON ORANGE AVE EQUIPMENT Equip# Description Hours Hourly rate Ext amount 1 Takehuchi 1140 0.5 $ 110.DO $ 55.00 2 Backhoe $ 54.64 $ - 3 Compressor $ 21.33 $ - 4 1 Ten Wheel Dumps 0.5 $ 72.07 $ 36.04 5 2 Crew trucks 1 $ 33.46 $ 33.46 7 Super Dump 0.5 $ 100.00 $ 5b.OO SUBTOTAL COST OF EQUIPMENT $ 174.5{) MATERIAL Description Unit Unit cost Ext Amt SUBTOTAL COST OF MATERIALS $ - WORK DONE BY SPECIAUSTS lnv# Description Amount SUBTOTAL COST OF WORK DONE BY SPECIALISTS pontractor Foreman Date CSJ Reviewed by Date File#: DAILY WORK REPORT Date: 07/27/15 Foreman: A Brambilla Weather: SUNNY DIARY AND REMARKS New and unforwen Work ( ) None (x ) Yes, descrroe ABAONDONED GAS MAIN IN TRENCH REQUIRED TO CUT & REMOVI NOT BID UNFORESEEN. EXTRA WORK LABOR Emp# Employee name Hrs Hourly rate Ext. amount FOREMAN ALFREDO BRAMB!LLA. 0.5 $ 75.27 $ 37.64 OP PATRICK MAHONEY $ 75.27 $ - OP ALEX SANCHEZ $ 75.27 $ - LABOR ADAN SEDANO 0.5 $ 57.25 $ 28.63 DRIVER JOHN CORREIA 0.5 $ 62.95, $ 31.48 DRIVER FAUSTINO BARIGGA $ 62.95 $ - LABOR HUMBERTO LOPEZ 0.5 $ 57.25 $ 28.63 LABOR RAUL ANDRADE $ 57.25 $ - LABOR COREY MCGRILLEN $ 5725 $ - SUBTOTAL COST OF LABOR $ 126.38 33% Labor surcharge (see Special Provisions) $ 41.71 Subsisti;;nc:e · TOTAL COST OF LABOR $ 168.09 TOTAL COST OF EQUIPMENT, MATERIALS AND WORK $ 174.50 + 15% on equipment, material and work $ 26.17 TOTAL EQUIPMENT, MA.TERIALSAND WORK $ 200.67 TOTAL EQWPMENT, MATERIAl.,.S AND LABOR $ 368.76 2%BOND TOTAL COST $ . 368.76 Project Name: Cupertino/ Manta Vista Contractor: Casey Construction. Inc CONTRACT WORK PERFORMED Item# Description Unit SuNey Station INSTALLING 30" PIPE ON ORANGE AVE l EQUIPMENT Equip# Description Hours Hourly rate Ext amount i T akehuchi 1140 0.5 $ 110.00 $ 55.00 2 Backhoe $ 54.64 $ - 3 Compressor $ 21.33 $ - 4 1 Ten Wheel Dumps 0.5 $ 72.07 $ 36.04 5 2 Crew trucks 1 $ 33-46 $ 33.46 7 Super Dump 0.5 $ 100.00 $ 50.00 SUBTOTAL COST OF EQUIPMENT $ 174.50 MATER1AL Description Unit Unltcost Ext Amt SUBTOTAL COST OF MATERIALS $ - WORK DONE BY SPEC!AL!STS Inv# Description Amount SUBTOTAL COST OF WORK DONE BY SPECIALISTS I Contractor Foreman Date CSJ ReViewed by Date File#: DAILY WORK REPORT Date: 07128/15 Foreman: A. Brambilla Weather: SUNNY DIARY AND REMARKS Newand unforseen Work ( ) None (x} Yes, descnbe ABAONDONED GAS MAIN lN TRENCH REQUIRED TO CUT & REMOV NOT BlD UNFORESEEN. EXTRA WORK LABOR Emp# Employee name Hrs Hourly rate Ext.amount FOREMAN ALFREDO BRAMBILLA 0.5 $ 7527 $ 37.64 OP PATRICK MAHONEY $ 75.27 $ - OP ALEX SANCHEZ $ 7527 $ - LABOR ADAN SEDANO 0.5 $ 57.25 $ 28.63 . DRIVER JOHN CORREIA 0.5 $ 62..95 $ 31.48 ORNER FAUSTINO BARIGGA $ 62.95 $ - LABOR HUMBERTO LOPEZ 0.5 $ 5725 $ 28.6'.3 LABOR RAUL ANDRADE $ 5725 $ - LABOR COREY MCGRILLEN $ 5725 $ - SUBTOTAL COST OF LABOR $ 126.38 33% Labor surcharge (see Special Provisions) $ 41.71 Subsist,ence TOTAL COST OF LABOR $ 168.09 TOTAL COST OF EQUIPMENT, MATERIALS AND WORK $ 1 {4.50 + 15% on equipment, material and work $ 26.17 TOTAL EQUIPMENT, MATERIALS AND WORK $ 200~67 TOTAL EQUIPMENT, MATERIALS AND LABOR $ 368.76 2%BOND TOTAL COST $ 368_76 Project Name: Cupertino/ Manta Vista Contractor: Casey Construction, Inc. CONTRACT WORK PERFORMED Item# Description Unit Survey station COMPLETEO ALMADEN AVE, BYRNE CB's, & MH'S. DUE TO RAISE IN ELEV PER REVISED DWG EXTRA TIME REQ'D MODIFYING CUSIOM CB's EXCAVATED & PLACED BOLF OF 18" ON FERNANDO AVE & PLACED MH EQUIPMENT Equip# Description Hours Hourly rate Ext. ;;1mount 1 Kobelco Excavator 2 $ 54.49 $ 108.98 2 Backhoe 2 $ 54.64 $ 10928 3 Compressor $ 21.33 $ - 4 1 Ten Wheel Dumps 2 $ 72.07 $ 144.14 5 2 Crew trucks 2 $ 33.46 $ 66_92 7 SuperDump 0.5 $ 100.00 $ 50.00 SUBTOTAL COST OF EQUIPMENT $ 479.32 MATERIAL Description Unit Unit cost Ext Amt CONCREfE SACKS 4 4 $ 12.00 $ 48.00 SUBTOTAL COST OF MATERIALS $ 48.00 WORK DONE BY SPECIALISTS Inv# Description Amount SUB I OT AL COST OF WORK DONE BY SPECIALISTS Contractor Foreman Date CSJ Reviewed by Date file#: DAILY WORK REPORT Date: 07/28/15 Foreman:Gerry McGrillen Weather: SUNNY DIARY AND REMARKS New and unforseen Work ( ) None ( x ) Yes, describe KNOCKED NEW HOLE IN CB TO RAISE GRADE AT ALMADEN AVE & CONCRETE INSIDE OF BOX TO RAISE INVERT LEVEL TO MATCH NEW SD ELEVATION PER REVISED DRAWING 2 HOURS EXTRA WORK NOT BID_ LABOR Emp# Employee name .Hrs Hourly rate Ext.amount FOREMAN GERRY MCGRILLEN 2 $ 75.27 $ 150.54 OP PATRICK MAHONEY 2 $ 75.27 $ 150.54 OP IV!ATT SYSLO 2 $ 75.27 $ 150.54 LABOR TONY BRAMB!LLA 2 $ 5725 $ 114.50 DRIVER JOHN CORREIA 2 $ 62.95 $ 125.90 DRIVER FAUSTJNO BARIGGA $ 52_95 $ - LABOR SEAN GRIBBEN 2 $ 5725 $ 114.50 LABOR RAUL ANDRADE $ 5725 .. $ - LABOR COREY MCGRILLEN 2 $ 5725 $ 114.50 SUBTOTAL COST OF LABOR $ 921.02 33%. Labor surcharge (see Special Provisions) '$ 303.94 Subsistence TOTAL COST OF LABOR $ 1,224.96 TOTAL COST Oi:'° EQUIPM~NT, MATERtALS AND WORK $ 527.32 + 15% on equipment, material and work $ 79.10 TOTAL EQUIPMENT, MATERtALS AND WORK $ 606.42 TOTAL EQUIPMENT. MATERIALS AND LABOR $ 1,831,37 2%BOND TOTAL COST $ 1,831.37 .. Project Name: Cupertino/ Manta Vista Contractor: Casey Col}struction, ln_c. _ _ ___ _ CONTRACT WORK PERFORMED ltem# Description Unit Survey Station COMPL ! ED PLACEMENT OF MH & CB'S AT - ALAMADEN & BYRNE. REQ'D TO MODIFY PRECAST CB TO SUIT REVISED bRAWINGS RAISING ELEV OF 12" RCP ' EQUIPMENT Equip# Description Hour$ Hourly rate Ext.amount 1 Kobelco Excavator 2 $ 54-49 $ 108.98 2 Backhoe 2 $ 54.64 $ 10928 3 Compressor 2 $ 21.33 $ 42.66 41 Ten Wheel Dumps 2 $ 72.07 $ 144.14 5 2 Crew trucks 4 $ 33.46 $ 133.84 7 Super Dump $ 100.00 $ - SUBTOTAL COST OF EQUIPMENT $ 538-90 -MATERIAL Description Unit Unttcost Ext Amt CONCRETE 5 $ 10.00 $ 50.00 SUBTOTAL COST OF 1\11'.ATERIALS $ 50.00 WORK DONE BY SPECIALISTS Inv# Description Amount . SUBTOTAL COST OF WORK DONE BY SPECIALISTS Contractor Foreman Date CSJ Reviewed by Date ,_ File#: DAILY WORK REPORT Date: 07/27/15 Foreman: Gerry McGri!len Weather. SUNNY DIARY AND REMARKS New and unfi;>rseen Wolk ( ) None { x } Yes, describe 2 ADDITIONAL HOUR S REQUIRED TO SAW-CUT NEW HOLE IN CB AND RAISE FLOOR WITH CONCRETE TO MEEf NEW ELEV PER REVISED DWG. UNFORESEEN. NOT BID. EXTRA WORK LABOR Emp# Employee name Hrs Hourly rate Ext. amount FOREMAN GERRY MCGRJLLEN 2 $ 75.27 $ 150.54 OP PATRiCK MAHONEY 2 $ 75.27 $ 150.54 OP MATTSYSLO 2 $ 75-27 $ 150.54 LABOR MIGUEL AVILA $ 57.25 $ - DRIVER . JOHN CORREIA 2 $ 62.95 $ 125.90 DRIVER FAUSTINO BARlGGA $ 62.95 $ - LABOR SEAN GRIBBEN 2 $ 5725 $ 114.50 LABOR RAUL ANDRADE $ 5725 $ - LABOR COREY MCGRll.LEN 2 $ 57.25 $ 114-50 , SUBTOTAL COST OF LABOR $ 806.52 33% Labor surcharge (see Special Provisions) $ 266.15 Subsistence TOTAL COST OF LABOR $ 1,072.67 TOTAL COST OF EQUIPMENT, MATERIALS AND WORK $ 588.90 + 15% on -equipment, material and work $ 88.34 TOTAL EQUlPMENT, MA1ER!ALS AND WORK $ 677.24 TOTAL EQUrPMENT, ll.'1ATERIALS AND LABOR $ i,749.91 2%BOND TOTAL COST $ 1,749.91 Project Name: Cupertino/ Monta Vista. , Contractor: Casey Construction, Inc. CONTRACT WORK PERFORMED Item# Description Unit Survay Station EXCAVATING FOR MH AN ALMADEN AVE & 12" RUNS TO CB. OLD 4" WATER LINE IN WAY OF CB AT STA 23+50 HAD TO EXPOSE & REMOVE LINE & RE-MODlfY CB INLET & BASE EQUIPMENT Equip# Description Hours Hourly rate Ext amount 1 Kobe!co Excavator 3 $ 54.49 $ 163.47 2 Backhoe 3 $ 54.64 $ 163.92 3 Compressor 3 $ 21.33 $ 63.99 4 1 Ten Whee! Dumps 3 $ 72.07 $ 216.21 5 2 Crew trucks 6 $ 33.46 $ 200.76 7 Super Dump $ 100.00 $ - SUBTOTAL COST OF EQUIPMENT $ 808.35 MATERIAL Description Unit Unit cost Ext Amt SUBTOTAL COST OF MATERIALS $ - WORK DONE BY SPECIALISTS Inv# Description Amount SUBTOTAL COST OF WORK DONE BY SPE;:CIAL!STS Contrac:tcir Foreman Date CSJ ReViewed by Date File#: DAILY WORK REPORT Date: 07/24115 Foreman: Gerry McGrillen Weather: SUNNY DIARY AND REMARKS New and unfurseen Work ( ) None ( x ) Yes. descrlbe EXTRA. TIME REMOVING 4" CAST IRON WATER LI.NE IN WAY OF CB 1HOUR EXTRA TIME TO SAW-CUT NEW HOLE IN CB & RAISE FLOOR TO NEW 12" INVERT PER REVISED DRAWINGS. UNFORESEEN. NOT BID. EXTRA WORK LABOR Emp# Employee name Hrs Hourly rate Ext. amount FOREMAN GERRY MCGR!LLEN .3 $ 75.27 $ 225.81 OP PATR[CK MAHONEY 3 $ -75.27 $ 225.81 OP MATTSYSLO 3 $ 7527 s 225.81 LABOR MIGUEL AVILA $ 57.25 $ - DRIVER JOHN CORREIA 3 $ 62.95 $ 188.85 DRIVER FAUSTINO BARIGGA $ 62.95 $ - LABOR SEAN GRIBBEN 3 $ 57.25 $ 171.75 LABOR RAUL ANDRADE $ 57.25 $ - LABOR COREY MCGRILLEN 3 $" 57.25 $ 171-75 SUBTOTAL COST OF LABOR $ 1,209.78 33% Labor surcharge (see Special Provisions) $ 399.23 Subsistence TOTAL COST OF LABOR $ 1,609_01 TOTAL COST OF EQUIPMENT, MATERIALS AND WORK $ 808.35 + 15% on equipment, material and work $ 121.25 TOTAL EQUIPMENT, MATERIALS AND WORK $ 929.60 TOTAL EQUIPMENT, l'MTERIALS AND LABOR $ 2,538.61 2% BOND TOTAL COST $ 2,538.61 Project Name: Cupertino/ Manta Vista Contractor: Casey Construction. Inc. CONTRACT WORK PERFORMED !tern# Description Unit Survey Station INSTALLING 24" PIPE ON ORANGE AVE EQUlPMENT Equip# Description Hours Hourly rate Ext. amount 1 Takehuchi 1140 4.5 $ 110.00 $ 495_00 2 Backhoe 4.5 $ 54.64 $ 245_88 3 Meco Flat Saw & Trailer 4.5 $ 100.00 $ 450.00 4 2 Ten Wheel Dumps 4.5 $ 72.07 $ 324.32 5 2 Crew trucks 5 $ 33-46 $ 167.30 7 Super Dump $ 100.00 SUBTOTAL COST OF EQUIPMENT $1,682.50 MATERIAL Description Unit Unit cost Ext Amt SUBTOTAL COST OF MATERIALS $ - WORK DONE BY SPECIALISTS JnV# Description Amount SUBTOTAL COST OF WORK DONE BY SPECIALISTS Contractor Foreman Date CSJ Reviewed by Date File#: DAILY WORK REPORT Date: 07/29/15 Foreman: A Brambilla Weather. SUNNY DIARY A.ND REMARKS New and unfmseen Work ( ) None ( x ) Yes.. describe ABAONDONED GAS MAIN tN TRENCH REQUIRED TO CUT & REMOVI NOT BJD UNF.ORESEEN.. EXTRA WORK BETWEEN STA 57+34 TO STA 57+26 THE LIVE GAS MAIN SHOWN ON DRAWINGS OUTSIDE OF TRENCH ENTERED THE STORM DRAIN TRENCH_ WORK WAS STOPPED DUE TO THE UNFORESEEN CONFLICT. THE NEW STROM DRAIN LINE HAD TO BE MOVED i8" OVER & AWAY FROM THE GAS MAIN. THIS REQUIRED EXTRA UNFORESEEN : DELAY, RE-DESIGN, LABOR, SAW-CUT & DOWN TIME. LABOR Emp# Employe~ name Hrs Hourly rate Ext amount FOREMP:N ALFREDO BRAMBILLA 4.5 $ 75-27 $338.72 OP MATISYSLO 4.5 $ 75.27 $338.72 OP ALEX SANCHEZ 4.5 $ 75.27 $338.72 LABOR ADAN SEDANO 4.5 $ 57.25 $257.63 ' DRIVER JOHN CORREIA 0 $ 62.95 $0.00 DRIVER FAUSTINO BARIGGA 4.5 $ 62.95 $283.28 LABOR HUMBERTO LOPEZ 4.5 $ 57.25 $257.63 U\BOR LUIS VASQUEZ 4.5 $ 57.25 $257.63 lABOR · ABRAHAM SEDANO 4.5 $ 57.25 $257.63 SUBTOTAL COST OF LABOR $ 2,329.96 33% Labor surcharge (see Special Provisions) $ 768,89 Subsistence TOTAL COST OF LABOR $ 3,098.85 TOTAL COST OF EQUIPMENT, MATERIALS AND WORK $ 1,682.50 + 15% on equipment, material and work $ 252.37 TOTAL EQUIPMENT, MATERIALS AND WORK $ 1,934.87 TOTAL EQUJPMENT, l'MTERIALS AND LABOR $ 5,033.72 2%BOND TOTAL COST $ 5){)33.72 CUPERTINO DATE: 07/30/2015 Contractor: . Casey Construction, Inc. 620 Handley Trail Emerald Hills, CA 940624 MONTA VISTA STORM DRAIN PROJECT PROJECT NO, 2004-9620 CONTRACT CHANGE ORDER NO. 01 The fullowing changes are hereby approved, notwithstanding language hi mty attachment to the contrary, Contractor agrees that the amount paid pursuant l1ereto is foll and coniplete compensation for the WOl'k descl'ibed.hereill for each and every entity involved ln the project who Is being compensated hereundel' and that each and every claim for any cost for schedule impact such as a delay, Impact, Jnefflclency, acceleration, exte11ded overhead, Increased supervision, compression and all othe1· factors affe'cting cost arlslng from the subject of this Change Otder is hereby released and waived by all S\1ch Subcontrnctors and suppliers at all tiers. Change City Field Description ii>26,974.51 No. Authorization No. Letter Dated Extra time to trench app!'oximately 30 LF of water service arid 718115 backfill in ordcl' to layout new manhole location at STA 65+ 15 $23,212.35 to avoid conflicts. Day of work 6/23/15 01 $1881.08 File #3 Extra time to raise PGE 3" conduit in conflict. File #4 Delay and extra work caused by S.S. lateral not shown on plans 01· marked by USA in conflict. $1881.08 Total Change Order No. 01 $26,974.51 I Total Project: Original Contract Change Orde1· No. 1 ,• Revlsecl Co11tl'11ct $1,423,980.00 $26,974.51 $1,450,954.51 $26,974.51 Total Change Orders $26,974.51 Change Order 01 Page 1 MONT A VISTA STORM DRAIN PROJECT PROJECT NO. 2004-9620 CONTRACT CHANGE ORDER NO. 01 Schedule Impact: 6 calendar days Project Final Completion Date: August 20, 2015 REVIEWED BY: APPROVED BY: ~ Date: l'r------ Gilb ne Building Company Gleim Rock Senior Project Manager Pagil 2 City of Cupertino Timm Borden Director of Public Works Date: -----~ . Change Order 01 .. Casey C~nstruction, Inc. 519 Sylvan way, Emerald Hills, ea. 9'1D62 6s0-369-1876 7/8/2015 Dana, Re: Monti! Vista Storm D1·ai11 With regards to the work going on at Orange Ave a11d Granada we finally were able to begin July 1st. We have a 10" AC water mainrunningpai·al!el to the new 30" S.D. and right next to otil'trench as apposed to 6ft away per the plans. We also have numerous gas, electdc and AT&T co11duit crossing our path at several lOcations not shown on the plans. These imforeseen circumstances are making this portion ofthe:wot'k much more difficult and time consuming than was originally bid. In 4 days we have laid 6 pipes and poured 1 nianhole. Averaging 2 pipes per day as opposed to 5 pipes per day originally bid. We are at 40% of om· projected rate due to changes from the plans, It is for this t'eason we are requesting extra costs for equipment and labor at a rate of 4hrs per day until approx STA 61 +60 whe11 we are passed this heavily congested a!'ea with regards to existing utilities. Please find attached a breakdown of dally extra cost. We estimate perhaps 5 more days to get pass~ the prnblem al'ea and distance oul'selves from the existing water a little. Please respond ASAP as this work is ongoing due to a tight schedule caused by other delays. Thank you, Geny McGl'illen ~ll:f Jf f llitll~1~~l · ..................... . DAU:. Y WORK REPOF Project Name: Cupertino/ Morrta Vista Date TL!!? 6 f2<'1 )J6 ; 7 File#: Contractor: Gasey Construction, Inc. Foreman: Geny McGn1len Weather: S. u N ;v_Y.__ CONTRACT WORK PERFORMED DIARY AND REMARKS Item# Description Unft SUNey station NewandunfotsoenWork ( )None {X )Yes, describe -1rvJ:SH'Fn PoT/-fnl..1.N C--J=i-;-n.E!f-'>Nl'...,i;: Aul:_ ""'"'"-A'-£ArvPd"\A t<"lu£ _ I' No . -1 WAT.t:12 0 • .~ wHFR./7 l'-?ARK.JFJ"\ Av LI -<;A be .,,._1HPP-# iE'f:."TIZY'! _ -ZI /""JE _ -;-~ --rR.k'./<4N APPR~· ' R ~d~ 3D LP o:F WFlT£P-$£P-V1<::E: r.v-..XD F-,r. -:-Au/77""£ TP-flrvr.H ,::-Rn~_,_, P;e\<->Pl'°:27V '·=TJt:.12/'--?ErFR -PO F"Oct-h>..J --;:-,<f~'-'IC---1"' Tr> f;'f"l<_ )<C§JlL I~ l <0 !U'> :f!.12:. -;-:o L0 '-/'ZJV5T 1nll I/\/ ·ci;€J()£R ""Tlb L-nl0A7""' st? t,}/! courn lAL1r-,1t-r Sn'' d .. n .. -!n=n =,-,-""" ,r-..l£ IN M.-;-f ;-.,-,c.f7TJOrJ AT t=JPP~- ""'E'-J> s £ ;o (')tz.f>!'UJJN& i.-Jou LY'> NOT 'hloeie.. EQUIPMENT <'IA ,{; 2. +JS 'T""O RVoJ,-,. C' D'V f' U C:TS- Eqcip# l Description l Ho1Jrs l Hocrly ra:te r Ext. 2mOUnt 1 Kobelco Excavator >< $ 54.49 & a.s-CJ ~ LABOR 2 Backhoe $ 54.64 $ -Emp# Emptoyee name Hrs ·Hourly rate Ext.. amour.it 3 Compressor 'X_ $ 21.33 Si?.7-641 FOREMAN GERRY MCGRILLEN ;;<--$ 75.27 ${;f)_2 -!bl 4 1 Ten Wheel Dumps . .., $ 72.07 $1r,.1,,-JlJ OP PATRICKJV!.AHONEY y~ $ 75.27 $ t.02--l~l 5 2 Crew trucks R $ 33.46 $'2!i7--63' OP ALEX SAL\ICHEZ $ 75.27 $ - 7 Super Dump $ 100.00 $ -LABOR MlGUELAVllA x $ 5725 s r,sz-on SUBTOTAL COST OF EQUIPMENT SloJ&-:Qj 1DRIVER JOHN CORRElA ') $ 62.95 $ J ::zc:.. -Cl MATERIAL DRIVER FAUSTINO BARIGGA $ 62.95 j $ - Description I Unit I Unit cost I ExtAmt LABOR SEAN GRIBBEN 8 $ 5725 $ U-So -0111 LABOR RAUL ANDRADE I $ 5725 $ - LABOR COREY MCGRILLEN l~ $ 5725 s 4-58 -oih I SUBTOTAL COST OFlABORI S29o6.--Q'b SUBTOTAL COST OF MATERJALSI $ -25% Labor surcharge (see Special Provisions) I $ 67,I, -0 p WORK DONE BY SPECIALISTS ,Subsistence I I f Amount I ! TOTAL COST OF LABOR! $ 33'8o-".l T7 I j TOTAL COST OF EQUIPMENT, MATERIALS AND WORKI $ fOi Jnv# Description SOBTOIACcosr OF-WORK DONE BY SPECIALISTS I £ontractor Foreman Date CSJ Reviewed by Date f-=--'--=;,=--':"'1:::.. + i5% on equipmen~ mate.-ial and wotk $ 1 5 '.Z -<J TOTAL EQUIPMENT,MATERJALSANDWORKI $\ 1'71 -1'h TOTAL EQUIPMENT, MATERIALS AND LABOR I $ 1"--SSi.-J+/D 2% BONDI $ . Cf.1 -/9 IA._ TOTAL COST\$ %i,w2-4-H .. DAILY WORK REPORT Project Name: Cupertino/ Monta VISta File#: 3 Date: 06/30/15 Contractor: Casey Construction, Inc. Foreman: Gerry McGrillen Weather: SUNNY CONTRACT WORK PERFORMED DIARY AND REMARKS Item# Description Unit SLllVey station NewandunforaeenWork ( )None (x )Yes.desccibe BEGAN LAYING 18" RCP PER REVJSED I SLOPE. M.H.AT STA32+58 EXCAVATED EXTRA TIME TO RAISE PGE 3" CONDUIT IN CONFLICI EACH SIDE OF EXISTING 3" ELEC. CONDUrT JN CONFLICT (NOi SHOWN ON PLANS) AND RAISED UP APPROX. 8" TO ALLOW 18" LINE TO CONTINUE UNDER AT GRADE EXTRA LABOR2 HRS AS OPPOSED TO 8HRSAFTER PGE RELOCATE EQUIPMENT . Eql!ip# Description Hours Hourtyrate Ext amount 1 Kobelco Excavator 2 $ 54.49 $ 108.98 LABOR 2 Backhoe 2 $ 54.64 $ 10928 Emp# Employee name Hrs Hourly ~te Ext...mount 3 Compressor $ 21.33 $ -FOREMAN GERRY MCGRJLLEN 2 $ 7527 $ 150.54 4 1 Ten Wheel Dumps 2 $ 72.07 $ 144.14 OP PATRICK MAHONEY 2 $ 75.27 $ 150.54 5 2 Crew trucks 2 $ 33.46 $ 66.92 OP ALEX SANCHEZ $ 7527 $ - 7 Super Dump 2 $ 100.00 $ 200.QO LABOR MIGUEL AVILA 2 $ 5725 $ 114.50 SUBTOTAL COST OF EQUIPMENT $ 629.32 DRIVER JOHN CORREIA 2 $ 62.95 $ 125.90 MATERIAL DRIVER FAUSTINO BARJGGA 2 $ 62.95 $ 125.90 Description Unlt Unit cost Ext Amt LABOR SEAN GRIBBEN 2 $ 5725 $ 114.50 LABOR RAUL ANDRADE $ 57.25 $ - LABOR COREY MCGRILLEN 2 $ 5725 $ 114.50 l SUBTOTAL COST OF LABOR $ 896.38 SUBTOTAL COST OF MATERIALS $ -25% Labor surcharge (see Speda! Provisions) $ 224;!0 WORK DONE BY SPECIALISTS Subsistence Inv# Descrip~on Amount TOTAL COST OF LABOR $ 1,120.48 TOTAL COST OF EQUIPMENT, MATERJALS AND WORK $ 629.32 SUBTOTAL COST OF WORK DONE BY SPECIALISTS I + 15o/o on equTpment, material and'NOrk $ 94.40 TOTAL EQUIPMENT, MATERIALS AND WORK $ 72?JZ. -TOTAL EQUIPMENT. MATERIALS AND LABOR $ X,844.19 Contractor Foreman Date CSJ Reviewed by Date 2%BOND ;is 3$.88 . i OT AL CCISli $ 1,88i.08 DAILY WORK REPORT Project Name: Cupertino/ Monta Vista File#: 4 Date: 07 /02!15 Contractor: Casey Construction. Inc. Foreman: Gerry McGrillen Weather: SUNNY CONTRACT WORK PERFORMED D!ARY AND REMARKS Item# Description Unit survey Station NewandunforseenWor!< ( )None (X )Yes.describe INSTALLED 26lF X 13• + M.H. CONTINUED WITH 18" RUN ON BYRNE DELAY AND EXTRA WORK CAUSED BY S.S. LATERAL FOUND4"CLAYLATERALAT APPROX.STA NOT SHOWN ONPLANS OR MAKED BY USA) !N CONFLICT 30+20 HAD TO PLACE MANHOLE AND RAISE 2HRS lNCOMING 18" HDPE APPROX 4" TO CROSS OBSTACLE AND CONTINUE AS DIRECTED VERBALLY BY CITY. DELAYS AND EXTRA WORK CUASED WORKING AROUND LATERAL <NOT SHOWN ON PLANS) - EQUIPMENT Equip# Description Hours Hourly rate Ext.amount 1 Kobe!co Excavator 2 $ 54.49 $ 108.98 LABOR 2 Backhoe 2 $ 54.64 $ 109.28 Ernp# Employee name Hts Hourly rate Ext.amount 3 Compressor $ 21.33 $ -FOREMAN GERRY MCGR!LLEN 2 $ 75.27 $ 150.54 4 1 Ten Wheel Dumps 2 $ 72.07 $ ~44.14 OP PATRlCK MAHONEY 2 $ 7527 $ 150.54 5 2 Crew trucks 2 $ 33.46 $ 66.92 OP ALEX SANCHEZ $ 75.27 $ - 7 Super Dump 2 $ 100.00 $ 200.00 LABOR M!GUELAVILA 2 $ 57.25 $ 114.50 SUBTOTAL COST OF EQUIPMENT $ 629.32 DRIVER JOHN CORREIA 2 $ 62.95 $ 125.90 MATERIAL DRIVER FAUSTlNO BARIGGA 2 $ 62.95 $ 125.90 Description Unit Unltcost Ext Amt LABOR jSEAN GRIBBEN 2 $ 57.25 $ 114.50 LABOR RAUL ANDRADE $ 57.25 $ - ! -LABOR !COREY MCGRILLEN 2 $ 57.25 $ 114.50 - l J 1 SUBTOTAL COST OF LABOR $ 896.38 SUBTOTAL COST OF MATERIALS $ -25°/o Labor surchalge (see Special Provisioris) $ 224.10 WORK DONE BY SPECIALISTS SUbsistence lrN# Description Amount TOTAL.COST OF LABOR $ 1,120.48 TOTAL COST OF EQUlPMENT, MATERIALS AND WORK $ 629.32 SUBTOTAL COS I OF WORK DONE SY SPECIALIST~ I + 15o/o on equipment. material and work $ · .. 94.40 TOTAL EQU!PMENT, MATERIALS AND WORK $ 723.72 " TOTAL EQUIPMENT, MATERIALS AND LABOR $ 1,844.19 Contractor Foreman Date CSJ Reviewed by Date 2%SOND $ 36.88 -TOTAL COST $ 1,881.08 . -·~ Project No.2004-9620 DOCUMENT 00510 NOTICE OF AWARD Dated: April 8,2015 TO: Casey Construction,Inc. ADDRESS: 619 Sylvan Way,Emerald Hills,CA 94062 CONTRACT NO.:2004-9620 CONTRACT FOR: Monta Vista Storm Drain Improvements The Contract Sum of your contract is One Million Four Hundred and Twenty Three Thousand Nine Hundred and Eighty Dollars($1,423,980). 1.Three copies of each of the proposed Contract Documents (except Specifications and Drawings) accompany this Notice of Award. 2. You must comply with the following conditions precedent by 5:00 p.m. of the 10'x'Calendar Day following the date of this Notice of Award,that is,by Apri118,2015. a. Deliver to City three fully ekecuted,counterparts of Document 00520 (Contract). Each of the Contract Documents must bear your signature on the cover page b. Deliver to City three original Document 00610 (Construction Performance Bond), executed by you and your surety. c. Deliver to City three original Document 00620(Construction Labor and Material Payment Bond),executed by you and your surety. d. Deliver to City three original set of the insurance certificates from Document 00530 (Insurance Forms) with endorsements required under Document 00700(General Conditions). e. Deliver to City three original copies of Document 00630(Guaranty),each executed by you. 3. Failure to comply with these conditions within the time specified will entitleCity to consideryour Bid abandoned,to annul this Notice of Award,and to declare your Bid security forfeited. 4. Within 21 Days after you comply with the conditions in paragraph 2 of this Document 00510,City will return to you one fully signed counterpart of Document 00520(Contract)with the Contract Documents. 5. Upon commencement of the Work, you and each of your Subcontractors shall certify and make available for inspection payroll records on forms provided by the Division of Labor Standards Enforcement, in accordance with Section 1776 of the California Labor Code. City of Cupertino 00510-1 Notice of Award Monta Vista Storm Drain Improvements ell Project No.2004-9620 THE CITY OF CUPERTINO, a Municipal Corporation of the State of Califo 'a(" ity") BY: ITS: AWARDED —-7 by City Council of the City of Cupertino. END OF DOCUMENT City of Cupertino 00510-2 Notice of Award Monta Vista Storm Drain Improvements Project No.2004-9620 DOCUMENT 00520 CONTRACT THIS CONTRACT,dated this_L0 day of A pt:%k20 l5,by and between Casey Construction,Inc.whose place of business is located at 619 Sylvan Way_ merald Hills_ CA 94062 ( Contractor`% and the CITY OF CUPERTINO. a lbltnucipal 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 Cal ifornia. WHEREAS,City,on the 7th day of April,20i5 awarded to Contractor the following Project: PROJECT NUMBER 2004-9620 M®NTA VISTA STORM DRAIN IMPROVEMENTS 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 Chad Mosley, Senior Engineer, 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 Jonathan Ferrante,Public Works Supervisor,to act as Landscape Advisor. City may change the identity of the Landscape Consultant at any time with notice and without liability to Contractor. 2.3 City has designated Gilbane Building Company to act as Construction Managers. City may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.4 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue,Cupertino,California 95014 or to such other person(s)and address(es)as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract.Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed ai any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700(General Conditions)by August 14.2015. City of Cupertino 00520-1 Contract Monta Vista Storm Drain Improvements Project No. 2004-9620 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this LO day of Rprjk 20_L5, by and between Casey Construction. Inc. whose place of business is located at 619 Sylvan Way_ tmerald Hills, CA 94062 ("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 Cal ifomia. WHEREAS, City, on the 7th day of April, 2015 awarded to Contractor the following Project: PROJECT NUMBER 2004-9620 MONTA VISTA STORM DRAIN IMPROVEMENTS 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 Chad Mosley, Senior Engineer, to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising Cit}r's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representatives), 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 Jonathan Ferrante, Public Works Supervisor, to act as Landscape Advisor. City may change the identity of the Landscape Consultant at any time with notice and without liability to Contractor. 2.3 City has designated Gilbane Building Company to act as Construction Managers. City may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.4 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed ai any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) by August 14. 2015. City of Cupertino 00520-1 Contract Monta Vista Storm Drain Improvements Project No. 2004-9620 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $1,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.2 $3,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND HOURS. 3.2.3 Three Months Salary- for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third -parties), and defense costs thereof Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached Article .5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Docmnents, Work, Site; locality, actual conditions, as -built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as -built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. City of Cupertino 00520-2 Contract Monta Vista Storm Drain Improvements Proiect No. 2004-9620 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 52 of this Document 00520) that pertain to the subsurface conditions, as -built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports; studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as -built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 of seq. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00400 Bid Form Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non -Collusion Affidavit Document 00482 Bidder Certifications Document 00510 Notice of Award Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notice to Proceed Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Special Environmental Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specification/Special Provisions Addenda(s) Drawings/Plans City of Cupertino 00520-3 Contract Monta Vista Storm Drain Improvements Project No. 2004-9620 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City`s office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northerahtml and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims City of Cupertino 00520-4 Contract Monta Vista Storm Drain Improvements Proiect No. 2004-9620 Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. City of Cupertino 00520-5 Contract Monta Vista Stonn Drain Improvements Project No.2004-9620 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. 1VIONTA VISTA STORM DRAIN IMPROVEMENTS CITY: CONTRACTOR:Cct6e4ACITYOFCUPERTINO,a Municipal Corporation of the LContractor's name] State of California By: Signature] Attest: Please print name here] City Clerk:Grace Sclunidt l e—r S_ Appr ved as to form by City Attorne : 1 Title: S If Corporation: Chairman,President,,or Vice President] II City Attorney:Carol Korade By: Signature] I hereby certify,under penalty of perjury,that David Brandt,Please print name here] City Manager of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino. Title: If Corporation: Secretary,Assistant Secretary, Chief Financial Officer,or Assistant Treasurer] Dater State Contractor's License No. Classificationon 31 l5 vid Brandt,City Manager of the City of Cupertino,a Expiration Date Municipal Corporation of the State of California o Designated Representative: Taxpayer 1D No. 01— ©`(Co55 L177 Name:Timm Borden Name: DM tln =5ge, h Title:Director of Public Works Title: 1 Address: 10300 Torre Ave., Cupertino, CA 95014 Address: 6l4 Uo r e. EfM PAA 1 1 Phone:408-777-3354 Phone: 65Z —3 61— 8 74 Yo 611k Facsimile:408-777-3333 Facsimile: 166D ' 564 85-7 8 NOTARY ACKNOLEDGENIENT IS REQUIRED. IF A AMOUNT: $1,423,980 CORPORATION, CORPORXTE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE ACCOUNT NUMBER:215-9620-9300 REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY FILE NO.:97,559 NO.IS REQUIRED 7 END OF DOCUMENT City of Cupertino 00520-6 Contract Monta Vista Storm Drain Improvements CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ycc,ar,o;Dicier,:.nctx,,s-rr xr. :..:yc;.etcerr: :krr,c.,r.r.,.,E;r.,s,;c.,e>r,-,rrc•.cY,-r,:r.rs A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of San Mateo On April 14, 2015 before me, Deborah M. Knipp, Notary Public Date Here Insert Name and Title of the Officer personally appeared Mel Casey Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/XX subscribed to the within instrument and acknowledged to me that he/ X executed the same in his/)(XXX (authorized capacity(KX, and that by his/XXMXsignature(M on the instrument the personX, or the entity upon behalf of which the personX acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DEBORAH M. KN IPP COMM. #1979771 z' WITNESS my hand and official seal. Notary Public-California o Z e San Mateo County My Comm.Expires May 26,2016 Signature Signature of No Pu lic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended_ document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — Limited General Partner — Limited General Individual D.Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association -www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Premium: $17,740.00 Bond No: 0655035 Project No.2004-9620 DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated April 10,2015 ' is in the penal sum of One Million Four Hundred and Twenty Three Thousand Nine Hundred and Eighty Dollars ($_1,423,980) which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12, attached to this page. Any singular reference to Casey Construction, Inc. ("Contractor"), International Fidelity Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California("City")or other party shall be considered plural where applicable. CONTRACTOR: SURETY: Casey Construction, Inc.International Fidelity Insurance Company Name Name 619 Sylvan Way One Newark Center, 20TH FI. Address Principal Place of Business Emerald Hills CA 94062 Newark, New Jersey 07102-5207 City/State/Zip City/State/Zip CONSTRUCTION CONTRACT: li ONTA VISTA STORM DRAIN IMPROVEMENTS PROJECT NUMBER 2004-9620 at Cupertino,California. DATED April 10 ,2015 in the Amount of$1,423,980(the"Penal Sum") CONTRACTOR AS PRINCIPAL SURETY Company: (Corp.Seal) Casey C truction, Inc. Company: (Corp...Seal)International Fidelity Insurance Company Signature:Signature: 6` Name and Title: Vre_-:t LF-A-Name and Title: Mary Baez,Atto ney-in-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety,jointly and severally, bind themselves,their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Construction Contract, 'which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond. 3. If there is no City Default,Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract;and 3.2 City has agreed to pay the Balance of the Contract Sum: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract;or City of Cupertino 00610- 1 Construction Performance Bond Monta Vista Storm Drain Improvements CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 1Crrz`cKrrc-(.cr.[' u'A,ch<irz°y^,cFrc*c.ru'c -1.cvrc`(+,c C:rc. ..•rc.r.vc.,.....-rc-.cf,c:c<- ',,r, rc:ace.erc- rax `; f",c-r(%y3c cai-K:,er. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of San Mateo On April 10, 2015 before me, Deborah M. Knipp, Notary Public Date Here Insert Name and Title of the Officer personally appeared Mary Baez Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personx whose name( is/XX subscribed to the within instrument and acknowledged to me that he// j)(executed the same in XiiX/her/ Xauthorized capacity(Kg, and that by XXherl MXsignature%on the instrument the person(, or the entity upon behalf of which the personK acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. aMy DEBORAH M. KNIPP WITNESS my hand and official seal.COMM. #1979771 z Notary Public •Californiao zSan Mateo County Comm.Expires May 26,2016 Signature Signature of N ry Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — Limited General Partner — Limited Ej General Individual lX Attorney in Fact Individual 7 Attorney in Fact Trustee D Guardian or Conservator Trustee Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: 2014 National Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 Project No.2004-9620 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract. 4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4,below);or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City's consent;or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and,if Surety's obligations defined in paragraph 6,below, exceed the Balance of the Contract Sum,then Surety shall pay to City the amount of such excess;or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. if City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4,City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6,below. 5. If Surety does not proceed as provided in paragraph 4, above,then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including,without limitation,and by way of example only,rights to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors. 6. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall include,but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to, all valid and proper backcharges,offsets,payments,indemnities,or other damages; 6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4,above(but excluding attorney's fees incurred to enforce this Bond). 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. City of Cupertino 00610-2 Construction Performance Bond Morita Vista Storm Drain Improvements t Project No.2004-9620 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara,or in a court of competent jurisdiction in the location in which the work is located. Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. 10. All notices to Surety or Contractor shall be mailed or delivered(at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety,City or Contractor,however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. H. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. 12.1 Balance of the Contract Sum:The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example,deductions for progress payments made,and increases/decreases for approved modifications to the Construction Contract. 12.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond,including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract including,but not limited to, default" or any other condition allowing a termination for cause as provided in Document 00700 General Conditions). 12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT City of Cupertino 00610-3 Construction Performance Bond Monta Vista Storm Drain Improvements t Premium: Included Bond No: 0655035 Project No.2004-9620 DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND("Bond")is dated April 10, 2015 ,is in the penal sum One Million Four Hundred and Twenty Three Thousand Nine Hundred and Eighty Dollars ($1,423,980) [one hundred percent of the Contract Price],and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to Casey Construction, Inc. Contractor"), International Fidelity Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California("City")or other party shall be considered plural where applicable. CONTRACTOR: SURETY: Casey Construction, Inc. International Fidelity Insurance Company Name Name 619 Sylvan Way One Newark Center, 20TH FI. Address Principal Place of Business Emerald Hills CA 94062 Newark, New Jersey 07102-5207 City/State/Zip City/State/Zip CONSTRUCTION CONTRACT: MONTA NISTA STORM DRAIN IMPROVEMENTS PROJECT NUMBER 2004-9620 at Cupertino,California. DATED April 10 ,2015 in the Amount of$1,423,980(the"Penal Sum") CONTRACTOR AS PRINCIPAL Casey Construction, Inc. SURETY International Fidelity Insurance Company Company:Corp. Se Company: (Corp.Seal) Signature:Signature: e Name and Title: 9 '-_ C5N 1&&u..1 Name and Title: Mary Baez, A rney-in_Fact-- BOND TERMS AND CONDITIONS 1. Contractor and Surety,jointly and severally, bind themselves,their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for rise itt the performance of the Construction Contract,which is incorporated herein by reference. 2. With respect to City,this obligation shall be null and void if Contractor: 2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants;and 2.2 Defends,indemnifies and holds harmless City from all claims,demands,liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims,demands,liens or suits to Contractor and Surety,and provided there is no City Default. 3. With respect to Claimants,this obligation shall be null and void if Contractor promptly makes payment,directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due City of Cupertino 00620-1 Construction Labor and Material Payment Bond Monta Vista Storm Drain Improvements CALIFORMIA ALL-PURPOSE ACKMOWLEDGMEMY CIVIL CODE:§ 1189 r A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of San Mateo On April 10, 2015 before me, Deborah M. Knipp, Notary Public Date Here Insert Name and Title of the Officer personally appeared Mary Baez Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personx whose name( is/XX subscribed to the within instrument and acknowledged to me that V4(She/xxxexecuted the same in X(i)(/her iXauthorized capacity(ft and that by 0Xher)4XXsignature(X on the instrument the personX, or the entity upon behalf of which the personX acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DEBORAH M. KNIPP COMM. #1979771 z WITNESS my hand and official seal. Notary Public • California o San Mateo4MyComm.Expires May 26,2016 Signature Signature of No y Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — Limited General Partner — Limited General Individual X Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: EJ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Project No.2004-9620 under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code,with respect to such Work and labor,then Surety shall pay for the same,and also, in case suit is brought upon this Bond,a reasonable attorney's fee,to be fixed by the court. 4. Consistent with the California Mechanic's Lien Law, Civil Code §3082,et seq.,Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amount of this Bond,and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond. 7. City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to,give notices on behalf of,or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be performed thereunder,or materials or equipment to be furnished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes. 9. Suit against Surety on this Bond may be brought by any Claimant,or its assigns,at any time after the Claimant has furnished the last of the labor or materials, or both,but,per Civil Code §3249,must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code 3184. 10. All notices to Surety or Contractor shall be mailed or delivered(at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety,City or Contractor,however accomplished,shall be sufficient compliance as of the date received at the foregoing addresses. 11. This Bond has been furnished to comply with the California Mechanic's Lien Law including,but not limited to, Civil Code §§3247,3248,et seg. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 13. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for(1)work of a similar character in the locality in which the Work is performed and(2)legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. City of Cupertino 00620-2 Construction Labor and Material Payment Bond Morita Vista Storm Drain Improvements 4 Project No.2004-9620 14. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further or in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors,and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code§3248(b). 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond,including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract,provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. END OF DOCUMENT City of Cupertino 00620-3 Construction Labor and Material Payment Bond Monta Vista Storm Drain Improvements INTERN ONE NEWARK CENTER 20TH FLOOR NEWARK, NEW JERSEY:.071'02 5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE-COMPANY,a corporation organized and existing under the laws'of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint GREG MCCARTNEY, MARY BAEZ Belmont, CA. their true and lawful aftomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and underta ! contracts of indemnity and other writin s obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute rule,re ulabqogns. contract or otherwise, and the execu?on of such instrument(s in ursuance of these presents,shall be as binding upon the said INtERNAONAL ADELITY INSURANCE COMPANY and ALLEGHENY CASUM4 JOMPANY, as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by their,regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCECOMPANYandALLEGHENYCASUALTYCOMPANYandisgrantedunderandbyauthorityofthefollowingresolutionadoptedbytheBoardofDirectors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Di I rectors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August,2000: RESOLVED,that (1)the President,Vice President Executive Vice President or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents wiih power and authority as defined or limited in their respective powers of attorney,and to execute on behalfoftheCorporationandaffixtheCorporation's seal thereto,bonds,undertakings, recognizances, contracts of indemnity and other written obligations in thenaturethereoforrelatedthereto; and (2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agentsforacceptanceofprocess,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and J3)the signature OT any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification iven or the execution of any bond,undertaking,recognizance, contract of indemnity or other written obligation in the nature thereof or relaited thereto,suA signature and seals whensousedwhetherheretoforeorhereafterbeingherebyadoptedbytheCorporationastheoriginalsignatureofsuchofficerantheoriginalsealofthe Corporation,to be valid and binding upon ihe Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents onthis zznuday mJuly,zv/4. STATE OF NEW JERSEY County of Essex LVSEAL, ROBERT W.MINSTER J 1936 Executive Vice President/Chief Operating Officer YL14 International Fidelity Insurance Company) and President On this 22nd day o, July uo4, before oecame the individual who ex="=" the preceding instrument, ~.~personally known,and, being— vwom. said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CAyu*L/, COMPANY; that the seals" affixed to said instrument are the Corporate.Seals of said Companies;that the said Corporate Seals and his signature were duly affixed Uyorder ofthe Boards u[Directors o*said Companies. IN TESTIMONY have hereunto set my handaffixed mvOfficial Seal, atthe City ofNewark,New Jersey the day and year Vnmabove written. Ale- A MyCommission Expires April 16,2019 CERTIFICATION 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENYCASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the.Secbons of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies', and that the same are correct transcripts thereof,and of the whole IN TESTIMONY' WHEREOF, | hovo hereunto set my hand this lOcb day of April, 2015 CITY OF Project No.2004-9620 CUPERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations,product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A"policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract,the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City_ City of Cupertino 00530-2 Insurance Forms Monta Vista Storm Drain Improvements Project No.2004-9620 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. l City of Cupertino 00530-1 Insurance Forms Monta Vista Stonn Drain Improvements Project No.2004-9620 LIMITS Worker's Compensation In accordance with the Worker's Compensation Employers' Liability Act of the State of California—Worker's comp statutory"per CA Law,Employers' Liability 1,000,000 per occurrence. General Liability-commercial general liability; Combined single limit of$2.0 million per including provisions for contractual liability, occurrence; $4.0 million in the aggregate personal injury, independent contractors and products—completed operations hazard. Automobile Liability- comprehensive covering Combined single limit of$1.0 million per owned,non-owned and hired automobiles. occurrence. Orze5p" CSR CzC T`f1C , Ey: C retractor's Name) Dated: 20 T City of Cupertino 00530-3 Insurance Forms Monta Vista Storm Drain Improvements A coRo CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD/YYYY) 05/05/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Neilson&Phillips Insurance Services,Inc CONTACT Neilson&Phillips Insurance Services 2208 Plaza Drive PHONE (916)380-5952 FAXNol.(916)380-5953 Suite115 E-MAIL todd@neilson-phillips.com Rocklin CA 95765 INSURERS AFFORDING COVERAGE NAIC# INSURERA:Associated Industries Insurance Company 23140 INSURED INSURER B:Ohio Casualty Insurance Company 24074 Casey Construction Inc. INSURER C:Scottsdale Insurance Company 41297 619 Sylvan Way INSURER D, Emerald Hills CA 94062 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER LIMITS A GENERAL LIABILITY X AES 1027724 09/01/2014 09/01/2015 EACH OCCURRENCE 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISEDAMAGES(ER occurrence) RENTED $ 100,000 CLAIMS-MADE OCCUR MED EXP An one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY FXI PRO LOC B AUTOMOBILE LIABILITY X BA055928232 01/17/2015 01/17/2016 COMBINED SINGLE LIMIT 1000000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $AUTOS AUTOS X NON-OWNED PROPERTY DAMAGE HIREDAUTOS X AUTOS er accident) C UMBRELLA LIAB X OCCUR XLS0096877 04/30/2015 09/01/2015 EACH OCCURRENCE 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE 2,000,000 DED I I RETENTION WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N LIM I PR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICERIMEMBER EXCLUDED? N/A Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under I IPT F OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Attach ACORD 101,Additional Remarks Schedule if more space is required) CANCELLATION EXCEPTION:10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. 30 DAYS NOTICE WILL BE SENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. Project/Location:Monta Vista Storm Drain Improvements.Project#2004-9620. The City of Cupertino and its directors,officers,engineers,agents and employees,and all public agencies from who permits will be obtained and their directors, officers,engineers,agents,and employees,and the State of California,and its officers,agents and employees are named as additional insured per attached GL Ongoing&Completed Ops,&Auto endorsements. Primary Wording applies per attached. CERTIFICATE HOLDER CANCELLATION A1025717 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino,CA 95014- AUTHORIZED REPRESENTATIVE Fax:( ) - 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05)The ACORD name and logo are registered marks of ACORD Policy Number: ABS1027724 COMMERCIAL GENERAL LIABILITY CO 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE.READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or or- additional Insureds, the following additional exclu- ganization for whom you are performing operations sions apply: when you and such person or organization have This insurance does not apply to:agreed in writing in a contract or agreement that such person or organization be added as an addi- 1. 'Bodily injury", "property damage" or "personal tional insured on your policy. Such person or or- and advertising injury"arising out of the render- ganization" is an additional insured only with re- Ing of, or the failure to render, any professional spect to liability for "bodily injury", "property architectural, engineering or surveying servic- damage" or "personal and advertising injury" es, Including: caused, in whole or in part, by. a. The preparing, approving, or failing to pre- 1. Your acts or omissions;or pare or approve, maps, shop drawings, opi- 2. The acts or omissions of those acting on your nions, reports, surveys,field orders, change behalf; orders or drawings and specifications; or . in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. A person's or organization's status as an additional 2. "Bodily injury" or "property damage" occurring insured under this endorsement ends when your after: operations for that additional insured are com- a. All work, including materials, parts or pleted.equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) at the location of the covered operations has been completed; or b. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 ISO Properties, Inc.,2004 Page 1 of.1 D POLICY NUMBER:AES1027724 01 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s):Location And Description Of Completed Operations All persons or organizations where required by This form does not apply to your work on "residen- written contract with the Named Insured tial property". Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s).or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi- tional insured and included in the "products- completed operations hazard". CG 20 37 07 04 ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER:AES1027724 01 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE THIRD-PARTY) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party. All persons or organizations where required by written contract with the Named Insured Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work,) Paragraph 4.of SECTION IV:COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Otherinsurance: With respect to the Third Party shown above,this insurance is primary and non-contributing, Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy,shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy, NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission POLICY NUMBER:AE$1027724 01 COMMERCIAL GENERAL LIABILITY NX GL 093 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Subject to an Overall Policy Aggregate Limit: 5,000,000 Information required to complete this Schedule, if not shown above,wiil be shown in Declarations.) A. Paragraphs 2.and 3.of SECTION III—LIMITS OF INSURANCE are replaced by the following: 2. The Overall Policy Aggregate Limit is the most we will payfor the sum of a. Medical expenses under Coverage C; b. Damages under Coverage A,except damages because of"bodily injury"or"property damage" included in the "products-completed operations hazard";and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of"bodily injury"and"property damage"included in the"products-completed operations hazard"to each of your projects away from premises owned by or rented to you. B. The following is added to SECTION III—LIMITS OF INSURANCE: 8. Subject to Paragraph 2.and 3. above,the General Aggregate Limit is the most we will pay under for the sum Coverage A,Coverage B,or Coverage C to each of your projects away from premises owned by or rented to you. NX GL 093 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission Policy Number: BA055928232 2) if the Limits of Insurance of any other Inssurance policy have been exhausted; or S) To "bodily injury" or "property damage"that occurrdd before you acquired or formed the organization, 2. EMPLOYEES AS INSUREDS SECTION 11 - LIABILITY COVERAGE, paragraph W.1.-WHO IS AN INSURED Is amended to include the following as an insured: f. Any "employee" of yours while using a covered ".auto" 'Vou do not own, hire or borrow, but only for acts within the scope of their employment by you:.insurance provided by-this endorse- ment is excess over any other Insurance available to any"employee". g. An "employee" of yours while operating art"auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insorance available to the"employee". 3. ADDITION4L INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.I.-WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered auto", provided that you and such person or organization have agreed In a written contract, agreement,or permit issued to you by governmental or public authority,to add such person,or organization,or governmental or public authbrltyto this pelicy as an "insured". However,such person or organization is an 'insured": 1) Only with respect to tile operation,Maintenance or use of a covered "auto"; 2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been Issued to you; and 3) Only for the duration of that contract,agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION 11 - LIABILITY COVERAGE, Coverage"Extensions, 2.a. Supplementary Payments, para- graphs(2)and(4)are replaced by the following: 2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an"accident"we cover.We do n6i have to furnish these bonds. 4) All reasonable•expenses Incurred by the ins red at our request, Including actual loss of earn- ings up to$500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where,by law,fellow employees are not entitled to the protection afforded to the employer by the workers compensation ext"lusivity rule, or similar protection, the following, provision is added: SECTION II - LIABILITY, exclusion B.S. FELLOW'EMPLOYEE does not apply if the "bodily injury" results from the use of a covered"auto"you own or hire. SECTION Ill•PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph AA.Coverage Extensions of SECTION III- PHYSICAL DAMAGE COVERAGE,is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any auto"you own,then the Physical Damage coverages provided are extended to "autos": a. You hire,rent or borrow; or 2013 Liberty Mutual Insurance CA 8810 0113 includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 7 Policy Number: BAO55928232 b. Your "employ®e" hires or rants under a Writtert oontract or agreernerit in th8t "employeo's"name, but only If the damage Occurs while the vehicle Is being used in the conduct of yourbusiness, subject to the following limit and deductible: A. The mostwe will pay for"loss"in any one"accident"or"loss"is the smallest of:1) $50,000; or 2) The aictual cash volus of the damaged or stolen property a$of the time of the"foss";or 31 The cost of repairing or rt}plaeing the damaged or stolen property with other property oflikekindandquality,minus a deductible. 11. The deductible will be equal to the largest deductible applicable to any owned "auto"for thatcoverage, C. Subject to the limit, deductible and excess provisions described in this provision, we willprovidecoverageequaltothebroadestcoverageapplicabletoanycovered"auto"you own.D. Subject to a maximum of$1,000 per"accident' we will also cover the actual loss of use of thires! "auto" if It results from an "accid6.rit", you arc dagally liable and the lessor incurs an he actual financial lose. E, This coverage extension does not apply to. 1) Any"auto"that is hired,rented or borrowed with a driver;or 2) Any "auto"that Is hired,rented or borrowed from your"employee". For the purposes of this provision,SECTION V-DEFINITIONS Is amended by adding the following:Total loss" means,a "loss" In which the cost of repairs,plus the salvage value exceeds the actualcashvalue. 7. TOWING AND LABOR SECTION III-PHYSICAL DAMAGE COVERAGE,paragraph A.2.Towing,Is amended by the additionofthefollowing: We will pay towing and labor costs Incurred, up to the limits shown below, each time a coveredauto" classified and rated as a private passenger type, "light truck" or "medium truck" Is dis-abled: a. For private passenger type vehicles,we will Pay up to$50 per disablement. b. For "light trucks",we will pay up to$60.per disablement. "Light trucks"are trucks that have agrossvehicleweight(GVW)of 10,000 pounds or less. a. For"medium trucks",we will pay UP to$150 per disablement. "Medium trucks"are trucks thathaveagrossvehicleweight(GVW)of 10,001-20,000 pc!unds. However,the labor must be performed at the place of disablement. S. PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.at.,Coverage Extension of SECTION iII.PHYSICAL DAMAGE COVERAGE,Is amend-ed to provide a limit of$50 per day end a maximum limit of$1,500 2813 liberty Mutual InsuranceCA0810•.51 13 Includes copyrighted material of insurance servioes omee,Ina,with its permission. Page 3 of 7 I Policy Number: BA055928232 9. RENTAL REIMBURSEMENT SECTION III-PHYSICAL DAMAGE COVERAGE,A.COV15RAGE;is amended by adding the following: a. We will pay up to$75 per day for rental reiriftrsement ei-penses incurred by you for the rentalofan "auto" because of "accident" or "ldss", to an "apto" for which we also pay a "loss" under Comprehensive, Specified Causes of.'Loss or Colligion Coverages, We will pay only forthoseexpensesincurredafterthefirst24hoursfollowingthe "accident" or "loss" to thecovered "auto." b, Rental Reimbursement will be based on the rental of a bomparable vehicle, which in manycasesmaybesubstantiallylessthan $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reabonable speed and similar quality,uptoamaximumof30days, c. We will also pay up to$500 for reasonable and necessary,expenses incurred by you to remove and replace your tools and equipment from the covered"auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail-able for your use and operation canndt fill;'•, e, If"loss" results from the total theft of a colered "auto"of the private passenger type,we will pay under this coverage only that amount.gf.your rental relmbursement expenses which is not already provided under Paragraph 4.Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision,materials and!equipment do not include"personaleffects" as defined in provision 11. 10. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION ill-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,we will pay for the expense of returning a stolen covered "auto"to you,The maximum amount we will pay is$1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding thefollowing: If you have purchased Comprehensive Coverage on this policy for an "auto"you own and that auto" Is stolen, we will pay, without application of a deductible, up to $600 for "personal effects"stolen with the"auto." The insurance provided under this provision.is excess over;any other collectible Insurance. B. SECTION V-DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mepn tangible property that is worn or carried by an insured." "Personal effects" does not Include tools, equipment,Jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage,under this policy, the exclusion for loss"relating to mechanical breakdown does not apply to the'accidental discharge of an alrbag. Any Insurance we provide shall be excess over ahy other collectible insurance or reimbursement by manufacturer's warranty. However, we agree t6i pay any deductible applicable to the other cov- erage or warranty, 13. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c,and 4.d.Is deleted and replaced with the following: 2013 Liberty Mutual Insurande CA 8810 0113 includes copyrighted material of Insurance Services office,Ino.iWIth its permission. Page 4 of 7 Policy Number: BA055928232 Exoluslon4.o,and44.do not apply to: a. Electronic equipment that receives or transmits audio,visual or data signals,whether or noi; designed solely for the reproduction of sound,If the equipment Is permanently Installed in the covered "auto" at tate time of the "loss"and such equipment Is designed to be solely operated by use of the power from the "auto's" electrical system, In or upon the covered "auto" and physical damage coverages are provided for the covered"auto",or If the "loss" occurs solely to audio,visual or data electronic,equipment or accessories used with this equipment,then our obl€gatlon to pay for,repair,return or replace damaged or stolen property will be reduced by a$100 deductible, 14. LOAN!LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAi, DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss"to a covered"auto" owned by or teased to you in any one"accident" Is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered"auto" Is subject at the time of the"loss"less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the"loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab= normal weer and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from pfevious loans or leases, e. Fine-[payment due under a"Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered"auto", U. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early terminatlon of a lease agreement or as a result of the early termination of any warranty or extended service agreement an a covered"auto", 1. Any amount representing tares, j. Loan or lease termination fees;or 2. The actuat icash value of the damage or stolen property as of the time of the"loss". An adjustment for depreciation and physical condition will be made In determining the actual cash value at the time of the"loss".This adjustment is not applicable In Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that Incurred the loss serves as collateral,or lease written on the covered"auto"that Incurred the loss. C. SECTION V-DEFINTIONS is changed by adding the following: As used In this endorsement provision,the following definitions apply, Total loss" means a "loss" In which the cost of repairs plus the salvage value exceeds the actual cash value. A"balloon loan" Is one with periodic payments that are Insufficient to repay the balance over the term of the loan,thereby requiring a large final payment, 2013 Liberty Mutual insurance CA 881.0 0113 includes Copyrighted material of Insurance SOM"s offioe,Ina,with Its permission. Page 5 of 7 Policy Number: BA055928232 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs.or less as defined by the manufacturer as maximum loaded weight the"auto' is de -Igned to carry while It is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The"loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto' must exceed the deductible shown In the Declarations. This provision does not apply to any "loss" if the covered "auto' Is In the charge of any person or organization engaged in the automobile business, 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or-more company policies or coverage forms apply to the same accident,the following supplies to paragraph D.Deductible: a. If the applicable Business Auto deductible Is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible Is not the smaller(or smallest) deductible It will be. reduced by the amount.of the smaller(or smallest)deductible;or c. If the loss involves two or more Business Auto coverao6 forms or policies the smaller (or smallest)deductible will be waived. I • For the purpose of this endorsement company means any company that Is part of the Liberty Mutual Group. SECTION IV-BUSINESS AUTO CONDITIONS Is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS,Paragraph 0.2.is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form,the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery,and we have'the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT,'CLAIM,SUIT,OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. Is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it Is- known to: 1. You,if you are an Individual; 2. A partner,if you are a partnership; 3. Member,if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice,if you are a corporation. 2013 Liberty Muttial Insurance CA 88 10 0113 Includes copyrighted material of Insurance 9eNices Office,Inc.,With Its permission. Page 0 of 7 Policy Number: DA055928232 To the extent possible,notice to us should include: 1) How,when and where the"accident"ar"lass"took place;2) The "Insureds"name and address,and 3) The names and addresses of any Injured persons and witnesses. 20- WAIVER OF TRANSFER OF RIGHT'S OF RECOVERY AGAINST OTHERS TO USSECTIONIV - 13USINESS AUTO CONDITIONS, paragraph A.5., Transfer of Fights of RecoveryAgainstOtherstoUs,is amended by the addition of the fallowing:If the person or organization has waived those rights before an "accident" or "loss",our rights arewaivedalso. 21. HIRED AUTO COVERAGE TZRRITORY SECTION IV-BUSINESS AUTO CONDITIONS, paragraph 5.7., policy Period,Coverage Territory, isemendedbytheadditionofthefollowing: f. Fqr"autos" hired 30 clays or less,the coverage territory is anywhere in the world,provided thattheInsured's responsibility to pay for damages Is determined In a "suit",on the merits, In theUnitedStates, the territories and possessions of the United States of America, Puerto Rloo orCanadaorInasettlementweagreeto, This extension of coverage does not apply to an "auto" hired,leased,rented or borrowed withadriver, SECTION V-DEFINITIONS Is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V-DEFINTIONS,deffnition C.is replaced by the following: Bodily Injury" means physical injury,sickness or disease sustained by a person,including mentalanguish,mental Injury,shock,fright or death resulting from any of these at any time,COMMMON'POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fof-lovws: If we cancel for any reason ether them nonpayment of premium, we will mail to the first NamedInsuredwrittennoticeofcancellationatleast00daysbeforetheeffectfvedateofCancellation.Thisprovisionduesnotapplyinthosestateswhichrequiremorethen60Mayspriornoticeofcaneelfa-tlon. 2013 MutVal nceCA88.10 0113 Includes copyrighted material of insurance Services office,Inc.,nwith its Permission. page 7 of y i CITY O3' PrajQdNo.'2004-9620 it,Ed CUPERTINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERT NO This certifies to the City.ofCuipertiiio thatt1ze follciwing de dbed policie,s.have been issued to die insured named below and.aro in farce at this time. Insured: Casey-Construction,hit. Address: 619 Sylvan Vijay Emerald Mlls.CA 94062 Descriptionof operati:oaas/loeations/products insured(show contract name and/or number,if any): WORKE 'S CONDENSATIONSATTON '` Statutory Milo. ployer's Liability name of insurer) Insurance Company's State License TIo,. Check Policy Type:µ__.-._______.___._._..Each C3ccurrerice.00o 000 COMPREHENSIVE GENERAL LABILITY Premises/Operations General Aggregate 07,boo D©O if applicable) Ov aaers&Contractors Protective Aggregate o®O®(D Contractual for Sped.fic Contract PerstanatrZ3ury Prod-acts Liability . 1 XCU ffivards F Broad Form P.D. Dire Damage(any one fire) $ 1 6 0 j OLS© Sev'erability of Interest Clause Personal liijury with Medical Expense 1D©Ca Employee Exclusion Removed any one person) elf nsured 1 IVCIAL RlNERAL LIABI*LITIY Ue-iBL-E nate of insurer) Polioy NO. Expiration Date J -a-v _ City ofeupaino 00530-4 Insurances Forms Monta Vistrl Storm Drain,Improvements q C17y or- Project No,2004-962Q COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OFCUPERTIOINSURANCEPERPROJECT Project Title and Number:Monta.Vista Rmn-m Drain Im rovernents-Pro'ect No..2004.-9620 In consideration ofthe policy premium and notwithstanding any inconsistent statement in the policytowhichthisEndorsementisattachedoranyotherEndorsementattachedthereto,it is as follows: This Endorsement modifies the insurance provided under the General Liability Coveragee part of thebelow-referenced policy of h suranoe. The general aggregate limit under LMTS OF INSURANCE applies separately to the projectdescribedas:lVlonta Vista Stone Drain Iin roveznents--Pro'ect 1Vo. 2004-9.620 POLICY MORMATION 1. .Insurance Company: A 2. Insuranoe Policy Number: 13. Effective Date of this Endorsement: 1l 3 0 /-L O l 5'20 4. Insured:Casey Construction Inc S. Additi0ml Insured: City of Cuperti io,its directors.,officers,.agents and employees. ithAll.notices lzcrein.provided to be given by the Insurance Company to the Ci inUspolicyandthisEndorsement, shall be mailed to or'delivered:o the City at 0300 Tarty te Avf-tut,Cupertino,California 9$0.14. I' nntJ warrant that i have authority to bind the below listed Insurance Company and by my signature heieoii.dosobindthisCompany. Signature of Authorized Representative: Original signature required on all Endorsements finished to the District) Names:of P N t LL l Pg A$ent/Agency:_N Ej/-SpXf - PFS ILL(P-S `T"NS. Title: A 6 F'N7 J3Jz 0/<8kAddress'..QQQ8 'LAzA .bit. -i t Teleplaane: "71(,-3$0RcCL1A-, C, Facsimile: t&_389_SYr_ City ofCuyertino 00530-8MontaVistaStormDrainImprovements Insurwice.Forms CITY op Project.No.20049620 ADDITIONAL INSURED ENDORSEMENT ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title.and.Nuinber: Monta"lista Stone Drahrlin-movements Proiect No 2004 9620 ha consideration of the policy premium andnotwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is meed as follows: The City of Cuppilinc {`City) and its directors, officers, engineers, agents mid employees, and all public agencies from whom:pennits will be.obtained.and their directoi ,; ciff%cers;.eiigiti ers, agents and employees, acid. the State of Califniia, and its ofii:oers, agents and employees, are hereby declared to be additional%assureds under the tera.,s of this policy,but only with respect to ar operations of the Contractor at or upon any of the promises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection willi, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional. insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended,voided, canceled,reduced in coverage or in limits, or materially altered, except after thirty(30) days' prior. mitten notice by certified mail, return receipt requested, has been given to the City of C:epertixao City"). Such:notice shall be addressed to the City as indicated below. POLICY. FORAIA.TION 1. Insmance Company: 2. Insurdnce Policy Number: 3. Effective Dale of this Endorsement: 4. Insured:Casey Construction hie All notices herein providedo to be given by the Insurance Company to the City in comleotion with this policy and these Endorsements, shall be 1nailed to or delivered to the City at 10300 folTe Avenue; Cupertino,California 95014. 11 print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company, Citi bf Cupertino 00530-6 Insumnee FnlxnsMontyVistaStotinbrainbiproveinents o Project No.2004-9624 AUTOMOTIVENEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Porro Each Person Each Accident. Liability Coverage Each.X Rdent name of instirer) or Combined Single Limit $ Policy No. 9 P 15,,R k2AOjkiration Date o° .0% 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 tutee, Name of insure) Policy No. Expiration Date Limits of Liability: Deductible: A copy of all Endorsements to the.policy(ies)which iii 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 sloes 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 subjeef to all-the terms, exclusi'.ons and conditions of such policies, IT IS HEREBY" CERTIFIED that the above policy(ies.) provide liability insuranceas required by the Agreement between the City and the insured. By:Dated: 20 Attach Certificate,of Insurance and Additional Insured Endorsement on company forms. City of Cppertino 00530-5 Insurance Forms Mona Vista 5torm.Drain Improvements CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDDIYYYY, 0411412015 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions ofthe policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Gabriel Stubin Western Republic Ins.Services PHONE , 1.(838)467-1718 FAIC. o 14 536-0599 PO Box 268 E-MAIL info@wrinsurance.comDESS' Huntington Beach CA 92648 INSURFR(SI AFFORDING COVERAGE NAIC# INSURER A: Everest National Insurance Company INSURED INSURER B: Casey Construction Inc INSURER C: 619 Sylvan Way INSURER D: Emerald Hills CA 94062 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSR POLICY EFF POLICY EXP yfvn UBR POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY CLAIMS-MADE FI OCCUR MED EXP(Anyoneperson) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRI LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOSNON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE I DED RETENTION$ WORKERS COMPENSATION X WC STATU- I OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECLMV YIN E.L.EACH ACCIDENT $1,000,000 A OFFICER/MEMBEREXCLUDED? NIA 7600009947141 10(01/2014 10/01/2015 Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Those usual to the insured's operations.Project:Monta Vista Storm Drain Improvement. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE DA 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALvIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION CITY OF CUPERTINO STORM DRAIN IMPROVEMENTS. CONTRACT 10300 TORRE AVE.NO. 2004-9620. VARIOUS LOCATION IN CUPERTINO, CA 95014 CUPERTINO/MONTA VISTA STORM DRAIN IMPROVEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04-14-15 Policy No. 7600009947141 Endorsement No. 005 Insured CASEY CONSTRUCTION, INC. Premium $ INCL. Insurance Company EVEREST NATIONAL INSURANCE COMPANY Countersigned By 9998 by the Workers'Compensation Insurance Rating Bureau of California. All rig Ms reserved. From the WCIRB's California Workers'Compensation Insurance Form Manual-1999. INSURED COPY Project No.2004-9620 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO,a Municipal Corporation of the State of California("City"),for construction of MONTA VISTA STORK D"N IMPROVEMENTS PROJECT NUMBER 2004-9620 CUPERTINO-CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents,its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship_ Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions,or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims,costs,losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment,materials,or Work required to be provided under the Contract Documents have been inspected,accepted,and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents,including,without means of limitation,Section 00700(General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of,any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. C. f 1`hL' Contractor's Nkne Gn Address 4c06.?— a1 115 City/State/Zip Date END OF DOCUMENT City of Cupertino 00630- 1 Guaranty Monta Vista Storm Drain Improvements