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15-161 VSS International, Inc., Project Number 2015-24, 2015 Pavement Maintenance Phase 2RECORDING 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: 23251079 Pages: 3 Ill I 11111111 I I 111111111 1111 I II Fees . 5 00 REGINA ALCOMENDRAS SANTA CLARA CO UNTY RECORDER Recorded at the request of ci t y Taxes . Cop ies . AMT PAID 5 .00 RDE fl 025 3122/2016 8:26 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION CITY PROJECT NAME: 2015 Pavement Maintenance Phase 2 (City Project No. 2015-24) }l Original D For Fast Endorsement "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 March 7, 2016 for CITY PROJECT NAME: 2015 Pavement Maintenance Phase 2 (City Project No. 2015-24) and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on March 7, 2016 and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: March 21 , 2016 By: y Lauren Sapudar Senior Office A ssistant CUPERTINO Recording Requested By : 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: _ Fee Ownership Lessee _X_ Othe r: Right of way on various streets 5 . Construction work on the project performed on the owner's behalf is generally described as follows : City Project Name : 2015 Pavement Maintenance Phase 2 C ity Project No .: 2015-24 6 . The name of the original contractor for the project is : VSS International, Inc . 7. The project was completed on : March 7 , 2016 . 8 . The project is located at: Various streets in Cupertino, CA _________ _ 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 th is notice , and that the facts stated in this notice are true and correct. -:?,/z.-1 ) 1 U> ; Santa Clara County ~-_.,.._~----~__._-~~------- Date and Place ~ Timm Borden Director of Public Works and City Engineer City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 pectort ❑x„ncnr uP� nQ-n7 CONTRACT CHANGE Telephone:408-777-3354, Fax :408-777-3333 ORDER FORM w/ CM Change Order #: s TO: Valley Slurry Seal International PROJECT: 2015 Pavement Maintenance Program - Phase 2 Change Requested By: City of Cupertino You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract: Item No. Description Unit Quantity Unit Cost Total Cost This change order adjusts the estimated quantities in the contract to the actual CCO#5 measured quantities constructed under LS 1 $36,389.96 $36,389.96 the contract. See attached spreadsheet for quantities. Note: See attached spreadsheet for quantity breakdown on each street. this change order total: $36,389.96 Previous Change Order Amount: $ 16,715.00 Total Cost This Change Order: $36,389.96 Total Changes To Date Including This Change Order: $53,104.96 Original Contract Amount: $ 714,000.00 Revised Contract Amount: $767,104.96 Contract Time Adjustment: 0 Calendar Days We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as otherwise be noted herein, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown herein. Note: This Change Order is not effective until approved by the Town Manager. Accepted, Date: `j /jo tG 2016,-C ntractor: VSS International B,,: - Title: Jeff Roberts, Chief Operations Officer If the Contractor does not sign acceptance of this C ange Order, his attention is directed to the requirements of the specifications as to proceeding with ordered work and filing a written protest within the time;therein specified. O/ Recommended By: Date: 2016 _ I�a tion Manager: Approval Recommended:Date:11'e— �v 2016 e Pr9jdctManager Signature Approval Recommended: r - Date: tlfo 12016 �-Pnbttc Works irec orlCity Engineer Signature Approved: Date: 2016 City Manager Signature W:\Shared\R Drive\Active Projects\Cupertino, City of\150118\Task 02 - Phase 2 - Slurry Seal\Spreadsheets\CCO's\CCO N5\lsUll8-U1_Cw}_[-li-lb.xis nevisea: s/lb/tulb City of Cupertino Inspecinr s Document !PFO 4-o7 10300 Torre Avenue Cupertino, CA 95014-3202 CONTRACT CHANGE Telephone:408-777-3354, Fax :408-777-3333 ORDER FORM w/ CM Change Order #: 4 TO: Valley Slurry Seal International PROJECT: 2015 Pavement Maintenance Program - Phase 2 Change Requested By: City of Cupertino You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract: Item No. Description Unit Quantit Unit Cost Total Cost 5 Add Carmon Rd - Type 2 Slurry S.Y. 456 $1.70 $775.20 5 Add Bollinger Rd - Type 2 Slurry S.Y. 3160 $1.70 $5,372.00 Addition Striping on Bollinger: 9 12" White Crosswalk/Limit Line L. F. 82 $3.20 $262.40 12 Striping Detail #22 Thermo & Markers L. F. 1120 $1.50 $1,680.00 17 Striping Detail #38 Thermo & Markers L. F. 366 $1.05 $384.30 20 Striping Detail #39 Preformed Thermo L. F. 1165 $3.75 $4,368.75 21 Striping Detail #39A Preformed L. F. 100 $4.00 $400.00 23 Arrow Type IV Preformed Thermo E.A. 9 $205.00 $1,845.00 30 Bike Rider with Person Symbol - Left E.A. 2 $236.00 $472.00 Facing Preformed Thermo 31 Bike Lane Arrow Preformed Thermo E.A. 2 $131.00 $262.00 Note: See attached spreadsheet for quantity breakdown on each street. this change order total: $15,821.65 Previous Change Order Amount: $ 893.35 Total Cost This Change Order: $15,821.65 Total Changes To Date Including This Change Order: $16,715.00 Original Contract Amount: $ 714,000.00 Revised Contract Amount: $730,715.00 Contract Time Adjustment: 10 Calendar Days We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as otherwise be noted herein, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown herein. Note: This Change Order is not effective until approved by the Town Manager. Accepted, Date: �g �� 2016 , Contractor: VSS International By: , Title: Jeff Roberts Chief If the Contractor does not sign acceptance of th Change Order, his attention is directed to the requirements of the specifications as to procee Ing with ordered work and filing a written protest within the -time therein specified. Recommended By:� Date: 3 /✓ �f�� 2016 n ction Manager: Approval Recommended: 2016 Date: oject Manager Signature Approval Recommended: Date: � �� , 2016 7" C P-ub e Work-s--(rector/City Engineer Signature Approved:2016 Date: City Manager Signature W:\Shared\R Drive\Active Projects\Cupertino, City of\150118\Task 02 - Phase 2 - Slurry Seal\Spreadsheets\CCO's\CCO H4\150118-02_CCO_4_3-16-16.xis Revised: 3/16/2016 w:\5 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 Telephone:408-777-3354, Fax :408-777-3333 „sn�,-ter s oenim�",: CONTRACT CHANGE ORDER FORM w/ CM Change Order #: 3 TO: Valley Slurry Seal International PROJECT: 2015 Pavement Maintenance Program - Phase 2 Change Requested By: City of Cupertino You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract: Item No. Description Unit Quantity_Unit Cost Total Cost Stelling Bridge Re-Striping: Removal of 55 Existing Striping In Conflict W/New L.S. 1 $4,648.00 $4,648.00 Pavement Alignment 56 Stelling Bridge Re-Striping: Traffic Control For Chrisp Company Forces L.S. 1 $1,485.00 $1,485.00 Note: See attached spreadsheet for quantity breakdown on each street. this change order total: $6,133.00 Previous Change Order Amount: $ (5,239.65) Total Cost This Change Order: $6,133.00 Total Changes To Date Including This Change Order: $893.35 Original Contract Amount: $ 714,000.00 Revised Contract Amount: $714,893.35 Contract Time Adjustment: EIE5 Calendar Days We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as otherwise be noted herein, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown herein. Note: This Change Order is not effective until approved by the Town Manager. Accepted, Date: Zy 2 "-7, ntractor: \J VSS International By: Title: Jeff Roberts, Chief Operations Office If the Contractor does not sign acceptance of this ,hange Order, his attention is directed to the requirements of the specifications as to proceeding with ordered work and filing a written protest within the tine therein specified. Recommended By:% 3 31 /�6 2016 Date: / struction Manager: / Approval Recommended: ell Date: Project Manager Signature Approval Recommended: Date: �/$ % 2016 �Pugf c Works Director/City Engineer Signature —r Approved: 2016 Date: ci Mana er Signature City of Cupertino ,nsp��t�,�', Doctirn e°: cHtr-oq-a7 10300 Torre Avenue CONTRACT CHANGE Cupertino, CA 95014-3202 Telephone:408-777-3354, Fax :408-777-3333 ORDER FORM w/ CM Change Order #: z TO: Valley Slurry Seal International PROJECT: 2015 Pavement Maintenance Program - Phase 2 Change Requested By: City of Cupertino You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract: Item No. Description Unit Quantit Unit Cost Total Cost 48 "KEEP" Legend Preformed Thermo EA 4 $341.25 $1,365.00 49 "CLEAR" Legend Preformed Thermo) EA 4 $372.75 $1,491.00 50 Arrow Type 1 10' Preformed Thermo EA 2 $204.75 $409.50 51 Bike Loop Detector Symbol Preformed EA 3 $630.00 $1,890.00 52 Bike Rider W/Black Contrast (Preformed) EA 2 $945.00 $1,890.00 53 Bike Arrow W/Black Contrast (Preformedl EA 2 $945.00 $1,890.00 54 "25" Legend (Preformed Thermo) EA 5 $231.00 $1,155.00 26 Delete "25" Legend (Thermo) EA -6 $52.50 -$315.00 32 Delete "Bike Detector" Symbol EA -3 $37.00 -$111.00 Note: See attached spreadsheet for quantity breakdown on each street. this change order total: $9,664.50 Previous Change Order Amount: $ (14,904.15) Total Cost This Change Order: $9,664.50 Total Changes To Date Including This Change Order: -$5,239.65 Original Contract Amount: $ 714,000.00 Revised Contract Amount: $708,760.35 Contract Time Adjustment: 0 Calendar Days We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as otherwise be noted herein, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown herein. Note: This Change Order is not effective until approved by the Town Manager. Accepted, Date:3 �� l 2016 , Contractor: VSS International By: - j Title: Jeff Roberts, Chief Operations Officer If the Contractor does not sign acceptance of thiChange rder, his attention is directed to the requirements of the specifications as to proceeding with ordered work and filing a written protest within the time-therein specified. !y Recommended By: Date: ✓351 2016 Construction Manager: Approval Recommended:1 2,_ Project Manager Signature Date: � G> 2016 Approval Recommended: - ` 2016 Date: yLS 114, 'Plu lic Works Director/City Engineer Signature Approved:, 2016 Date: City Manager Signature —\.mei—Xn - N 'w nu)—,\ Pp .Hilo, .,y-µwuo\i—.c-nm a-Biu„y.\�P, eam _”\I ,\I ., \....... City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 7 Iot'c Don;rnent. CIRK (19-01 CONTRACT CHANGE Telephone:408-777-3354, Fax :408-777-3333 ORDER FORM w/ CM Change Order #: I RECE TO: Valley Slurry Seal International PROJECT: 2015 Pavement Maintenance Program - Phase 2 Change Requested By: City of Cupertino v You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract: Item No. Description Unit Quantit Unit Cost Total Cost 3 DeleteDoubleChip Seal-Conventional Type S.Y. -11160 $8.50 -$94,860.00 46 Add Rubberized Chip Seal S.Y. 8323 $9.39 $78,152.97 47 Add Rubberized Chip Seal on Baxter Ave. S.Y. 192 $9.39 $1,802.88 Note: See attached spreadsheet for quantity breakdown on each street. this change order total: -$14,904.15 Previous Change Order Amount: $ - Total Cost This Change Order: -$14,904.15 Total Changes To Date Including This Change Order: -$14,904.15 Original Contract Amount: $ 714,000.00 Revised Contract Amount: $699,095.85 Contract Time Adjustment: 0 Calendar Days We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as otherwise be noted herein, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown herein. Note: This Change Order is not effective until approved by the Town Manager. Accepted, Date: `,� 016 , Contractor: ' VSS International By: ,Title: Jeff Roberts, Chief Operations If the Contractor does not sign acceptance of thIs-t;hangb Order, his attention is directed to the requirements of the specifications as to proceeding with ordered work and filing a written protest within thime therein specified. 111111 Recommended By:�Gti" �s' Date: 3/'�J �� 2016 a struction Manager: Approval Recommended:B Date: fv , 2016 Project Manager Signature Approval Recommended:-- _�S_ �Date , 2016 �y Ism. Pubt orks Director/City Engineer Signature Approved: Date: 2016 ty an g Si a e IED I 2016 DF_PARTMFNT CONTRACT THIS CONTR.r\CT, d)'t;ted this aJlday of AuQus-f • 20 .15', by nncl between VSS lnterW1atb:mt1l~ Jue. wheise pface of bu:Si:lle.ss is k1ca;ted :at 3785 Cbinmel .Drive~i;rn:m~to, C.A 95691~ (''Coutractar'1J, rutd tbe CHY OF CUPERTINO, a Ml.mlcipat Ci:trporatlcm of the SHtte (lf Califomia ("City") 11ctl11;g um:ler and by vimu~ ofthe authority vested in !he Ci~y by the laws. of die State of C.:Hfornia. PROJECT NUl\1.BER 2'015 ... 24 2015 PAVEl\f.ENT M:AINTENANCE PHASE l NOW, Tif.EllEFORJS, in cousideraticm ofU1e miuual ct.1venants hereinafter set forth, C'ol'ltractor nd City agree asfciUows: Ardcfo I. Work l , I Contractor shaU cQimplete all Work specified In the Coutroc~ Documiml:s:, i.u accordance wilh I.he Speitlfieadoiut, Drawings, m1d all other terms a11tl cilnditil:ms-0fthe C:ontrs.ct Documemts. Artide l, Agtmcy nnd Nuticas to City 2J Ctty bas dvsignl;1ted Roger Lee, to. act as Ci\;ls. Authorized Repre~tative(s); wfio will teprescnt City fo. ifi::ri'orn1ing City's dt:Jtieir and responsibilities at1d cx:crcii>lllt City's fights; and amhmiti<:s in CoTrtmct Docu:tnenw, Ciiy ·clmnge lite indi.,idual{s) acting us Ciiy's Authorized Re:presenlati:ve($), or delegate one l!:tr m<ire spt:tific functions to one or .ill!.m:: specific Cli;;.•'$ Rep.re~cnmtiv¢$,. inclmiitig \vltltout. limitallm:t ·englneerl:11~, architectural, in$pee!kn1 at1d general admfrtistrative .fimctiom, at any time with ri04:ice and without liability 11J Conttactor. Each CHy's Representative is the be:.inefldary i:rf all Coninetor obligations 10 City, including without limitatkln, :all rcl~s and iooetru:titie!.t 2.2 All O(ltices or tltm11mdls to City under the Contract Doo.tme:nu shall be tu City's Auth.nrif i::ittd RepreKentativc at H!500 Torre A:vem101 Ctipertiit-Ot 95014 or to sucb other pi!rson(s) am:i add.rc5.s{cs) 11$ Ci~y shall j,}rovide to Contrn~ior. :ii· Contract Time. The O:mtrnc!. Time wm i;;o1m1Hmr1.1t: to. rtin QU th~ date indicated ht .!be Mlltlce 11.'l Proceed .. Cit)' may give' a N oticc lo Proceed at any time will:lin3fl Days after the of Award. Ct11ttraetor shall not any \Voiik flt the Site prior to the (fate on which the Contract Timtt c>0mw~s to rutL Cautra~tor shall nie.hicvc Fm al Completion of the enure Work anci be ready ror l:1lilai Pay,rnet1t ln accordance \vtth :Section OOWO (Oimernl Conditions}. City tmd Contractor reco!fnfae that t:hui:; is of the essence of this Co:ntr:act and that City will suffer finanefal foss in the form of conlr~ct admfnistrati1:m erxpe~ (Sllch as project management imd c:c;ins.ultalilt erxpe¥i¥e:o;), lhll o,r 11;ny part of the Work is .. riot c<Jrnpfoted \t~thin the times t.j:iecified above,, plus any ex~ensfons thereof aU{}wed in atconlattcf'r with tbe Cm'i!:ra,ct Doc!Xm.enls, Consistent 1.vitb. D:-0cam1ent 00700 (Genetnl Conditions); Co:nttaGtor City agree dmt i>eceau!>e -0f the natuie -Of the Project, it wmllcl be impractical or extremely difficult to flx the Cit:y on::u~rtlno 20 i1 Pavement Mainl\mance Plli!!lle 2 amcn.111t ofactual dmnagc$ i:nCIDTI:d by Chy because of a delay in complctfon ofaU or imy pa.rt of the Work, Ai:.cordingly, City and Contractor agree that as liquidated dilmagc$ for dclayO:mtractot shall pay City: 3 .2.[ SStOIJO per Calendar Day per street that does not receive temporary pavement. market$-'!md :Striping as requlted by Section $ Qf Pocum.ent 00850. 3,ttl Sl5!J per ~.alcndar Day per.street l11atdoes oot recdvc eat tracking orperm:men! striping as required by Section 6 ofDoc~mem 00850. 3.2.3 S3tQOll for each :oi:.currente r;;f a violation of Doc111ne'Ut 00:800, Section 1. 7 \YORK DAYS Ai~D HOURS, . . 3.2.4 $5,000 per Calendar Pay for fa! lure to achieve fir.al completion per Section l 5 . .of .DtX:umenl 0(}$00. 3.:2 .. S Three Months Safary Jnr ea11hKey Fersom1el mimed tn. Ci:11:1tractt:i:r's S()Q pursua11l lo Article 2.0 Documenl 004:50 (Statement c1f Qualifications for Constructfon·worklwhcdeave3 tl:re Project and/or Contractor rt:plaees ·at any point tJ.efore: final Complctit:in.· for MY· reason· wha!JIDever, that .C<:inttimt\;\t ean de1:no11stmte to City's. sati:sfa.,;tkm is be}~nd. C.ootractor's conttol, · Uquidalcd .damages shalrai>ply cumulative:ty and, except.·~. pnwided below, S:ba1l: !biq,resumcd tt:Y be ~be rlarrmges suffer<;d by City resulting; from defay in completion 1;1fthe Work; Contr.ictorshoiild be u\l•are that Califon\fa Department of Fl sh arid Game, and other State and federal agenciet>, may also levy fines and pemdiles for the harming,. harassing. or killfog of pmtem:d wildlife and endangered species, C{fntractor herd>~ agrees to become familiar with aml adhere to wildlife and ieticl?ngered species protoctim1 requirements. J,J Uquidnted di1mugcs for dei;ay sh:all only cover m:.lminist:r~:nlve, overhead.interest on lmnds., and gener.:tl of public use damages suffered by City as 11 result ~f delay. llquidatoo damages shall not cover the cost of ;cQmpletion '1fthe \Vork, damage~~ r~sutt!ng from dcrcctive Work, lo& revenues or co$!S tifsubstilutefacilities, or· damag;es su.ftered by tithers who then seek to reccwer their damages trom City (for example, delay <:faI ms of other ·contractors. subcol;ltractors,. te11ants; ~t other third~pertfos)i artd dcfemie c(l$ol:s thereof; tf;! City shall pe)' Ct;mtractor th~' Cimlract $um fi;iriXl)TIJ1lcth:m of Werk in aecon:lnncc with O:mlract 0;:11:::umcntsi as :set forth in C.onlractor's E:Itl, ~Uadwd IH.:rem: S~ exhibit "A" attached ,;\rlicfo 5; Ci'.int•fllettrr'.s RepreseutatfonSl !11 Cirder to induce Ciry Io enter into 1!1is Ctmtraet, (,'eiu!ractor :rruakes tbe fti.IIowinJ? represimtarlons and warrantfes: SJ Contractor 11as visited the .Site atiil. has . .ex<imine<l thcimughly 1md understood the nature and exJent .of the CMtratt Documents,. Work,. Sire,Jocalit)", actual ctiriditfotilr,: as .. J:mHt ct.'lndHiiltts, and aH l(l{;a{ et:tnditiI>11s:, and' fe.i;!eral •. s,tate :and . h:icfil laws <In(l regQlittioos that· fo ~ny m~nrier rmi:y affect. ~ost, progre;;s. performance pr rurriishing&f Work or which refate fo any aspect nfibe me~r!S 1 mptlll'.l<ls; !$()hniqu~; $£:quenccs or procedures of et:J1i,stn1c:lio11 tti;i be emptoyoo by C(lntraci9r:aJ1d safe:typn:eautiori:S and program$ inddcnuhereto, 3,2 Contractor Iles e.'i;mnine:d thoroughly and und~t:.!o~ a!J reports of expforn!fon arid tests of $1J;brurfm;;e eq.nditiQl'!S, a.'>-buill drf!wings, 9r;;Wiri~; .prQdu~tS' spei:lficatfons or repuns,,availa~le for ~lgdit,Jg purposes, of physical coitd:iliof1,$;:iooludi~g l.)hder&round · Fadlities,:-,~itlc~ are i'dentifi.ed. in f)Qcument OO}ZO· (Geoteclmic.al Dnt<i, H;jzardc:ms Materials Sui:veys ruid pv,,:isting Cqnditlons);;.qfwhicb llli<1Yappear in the Drawi~gs .. Contractor ac(iepl!! !bedctermiha[fo~ set. forth in ll:iese. Docilmems am! Doc,ui:nent 00:700 {General Co11~llions} of tbe limited cJtitmt of tile information coniafoed in sud:i materials upon which Ccmt:ra.ctot may be entitled w rely. Cft.y of Cupertirm :21J t 5 Pa\'emeot Matn1en.rmce Pni1$c 2 Contractor ~Cl'l:Si that exl'lqlt for !he in:fonnt1tfon so identified, Cotltrac!or does nol and sball :not rely tlcti ·any other foformatkm contained in sacfa teport1> 1ti:!d dri!i:wings, S.3 C<mtradw btiS ¢<:>nductcd or ob1al11cd and ,bit$ u11derstood rul such examinatioiis, :i1:wes:tig1t1iions, e::>:pforntion11, tesl:s, reports 1md studies {in addition to or to 51.ipp!ement those :referred to in Sectfoti 5.2 of this. Dommu.lnt 0052:0) tb.at pertain t(J !he subsurface conditil:ms, as~built oo:m:l:iti-0.ns, underground f~iliti~si :and all t'.Fthet physical conditfom; ;it m co:ntJguous to the Site (Ir othenvisc that may affect the eost, progress, performance or furni-thing of\Vork, as Contractor considem neccessary for the perforn1ance or furnishing of Vi/Qrk at the Cuntrnct Sum, \v:lihin the ();)mrm::t Time and i;n m:ic-O'ida11ce ·with tl:tt& -Other, tcnns lllili c(:mditioais of the Cuitlract OOtilments; h1cfllding sp<:cificaU:y the ~u·ovisirons oif Doc1,1ment 00700 (General Ci:rnditio-m;); and no :1dditional ex:aminatious, Investigirtim:is. ~loratioltS, W1'Jj)MS, studies or similar information or data .1.J,fC or wrn be required by C<mtraetor for such purposes. :5.4 Conti:aclor hns canefa.ted ltS bowledg,e ud tile res11l1s or nll S1:1d1 crbservat}ous, ,cx:amin&ti0tl:S1 .Invesd:fl;attollS; ¢Xl)l1011.11.:fons, t~-tts, t!ip()rtS md silliiies witll 11te ten:ns and condi!fons c1f the Ci:x11t:rac-t Dm::uments. 5.5 Cootmctor has City pnm1J1f written nutfoe of all cnnllk:i'Ei, t:Yrots, ambiguities, o.r di.s,cn:pancies t.hat it has diroovered in or amou;g the Co.11tract DO'Ci;u:nents am:I as.:built drawings and . a<;:ttuai conditions tm<l the written resoh.llkm. thereof ihtough Mdenda )$$~ted by acceptable to Contractor. Cootmct();r is duly orpnfzed,. existing and good siandi.ng mider applicable stale cm1duct business in the State ofCaHfomia, Ccmtraet\".lr has d;ufy :authllrizeit the C.~·C:CU~icm, delivery arid perfomance of .this Contracl, tlie other Ccmtract nocumeJJts ood the ·work to be performed herein. The Cnnt:r!JJC!t Documents do n~t create: ade:raul! 1.mdcr any .in:stnmlt?int, culi:tract, order tlr deetee binding on Contractor. 5.S Crmtractor l!~ied Sube()l'.ltnix:t(lm 1ntr$UUit. to 1hc: Suooontractm listing Law. Califol'llia Publi{:c Contracting Ci:)de ·§4100 et J::trt)',i:n document 00340 (Sul:lci;mtractors List) 1$,l Contract Dt:icuruents consisl oflhe followfog clocumeiits, inc!udfo~, a.ll' dwanges, addemfa, and modif!catfons .therrem~ City cifC'urr.in.ino Doeument 00400 Bid fomi Documerit 00430 Subeontraetorn List DocumiW!t 00450 Statement of Qlialific11tlons Doctirth!fnt 004~t Non-Cnllusiort Affidavit Docur®:nt 004$;2, Bidder Otrli:flcati011s Document 005.10 Notice of .Award Doeum~nt m:is20 Conl:rttct Docume.nl 00530 Insurant:.e F«Jnns Docume:nl 00550 Notice to Proceed Document 006 l 0 Ct'mstructi.on Petf<;1ml$J1:ct: Bond Ooi::ument 000:20 Consi:ructfon Lab(lr and Materlai lP~yme:nt Bond Document 00630 Guaranty Oocu:rnent 00650 Agreeme:rn ac11d Release tifAny and AlD Claims Dommi¢nt 00660 Substitution Requct,;l Fm:tn Dtieu.ment 00680 E'..'ltlrow Aireement for Security fJeposit in Ueu of Retentkm Documellt 00700 · Gen~nil C<tnditions noeument 00800! Specfal Ci:mditfons Do¢umenl CiOS:W Spec!a.l fnvi:rnnmental C1:n1dltfol'.lt1 Docurmrnt 00821 .msuru:nce Ooeument 00822. Ajiprenticeship Program T eclmkal Spi:c ificntion!Special Pti:>~sfons AddM<ia(s) -llHS li'avemenf M,alme11mm:e Pl1lm .:.i Drawings!Platu '62 There are no Contract Documents other tlum thaseiistedin this Document ()0520, Artfole 6. Doeument 00320 {deoteclmfoal Data, }J:azard~us . Material Surveys and. Exis.tl11g Cmiditions), nn-0 lhe i:nf(ronntion .supplied the.re:in; are not Contract Documents. The Contrnict Documents may only be amended, modified or st1pp!emenfod as provided in Document 00100 {General Condititms), · Artlde7. Mis~ellam!QUii 7.1 1'ertltS used in ibis Contract 1m: defined 111 Document 00100 (General Co;nditlons) and wm have the meaning i:mlkn.ted therein. 7.2: lt iil understood and agreed iliat in instance are ih.e petscms signing !his Contract for or on beha!fof City (}t acting as s1i employee, :age11t, :or r~presen!ative of City, Hable 011 thisConrrnct or anY ofilie Contract OQC:.uments, or upon any \van:anty cf authority, or olbt1rn'1$<:, and itis further 1mders!ood a:ml agreed that Iiabllity·.or the City ls limited and ·c()nfim:d ·!o such liability as au~horized or imposed by the Cooiract DOi::umenis or applicable law, · · 7 . .3 Co11tractor shilR no! assign any porlion. of the Contmct Dm:uroe:nts, and m~y ~bcont;;a<Ct portfo~ of· lhc Con!rnct .Docuntents only in compliance whh ~he Sut>cotiU'llt!ot Listing Law, California Nhlk: C.Ontra1.:1ing Code §4f00 tt.J seq, 7 5 ln entering into a pnl:dfo work& ct;intract or 'a :SU!x:rmtract ·to supply g®'ds, services or :materials purs11ant to a public works ~ontraet, Ctmtracfor or Subcontractor olfcrs and agrees to l.l:Ssign to 1.11e awardl11.1fhody rul rlgJ:ns, title and interest iri arixHL'lallc:auses of action it ma)' have under :Section 4 oftbe Clayton Aet (lS lJ .S.C. § l 5) rir ..i:nder the Cartwrlgbt Act (Chapter 4 {com.mem;;ing with S~tion Hi700) .of Part l of PivisJon 1 of the Business nmi Professions Code), . . · .· purchases of goo!ls, sefvfoes or mate:r.iaJs 'pmsuant to Ute public works oontract -Or 1he.1iubconlract is assignmer!! shaU·be mliide \1l1d mfcomc effective al tile time City tenders final Pf11tnent to Contmc1or, without further ack11owledg1mm1 by the parlfes. 1l5 Copfcs oflne gemm1i prevailing rate:$ of per diem 'lvag9s for (tl;lA;h c11J.ft,~Jasslrkatfon,o.r ~ype of worker needed to,ext:Ctilie the (:ontrnct, llS determined hyDfrcctor (lf!he State of California Department orlndustrial Relations, !tr¢ decmcid fachu:lcd:i:rHlic Comrac! Do-ctirn.cilts and rm me at City's offi~e, ior niay l:ie obtained of 1.he State of Callf<imia, web slte · http:.tlwww"dir~ca.g-0vlDLSR/PWDJNorthemJ1tm! ;rnd shall be made aviiiJab!e Ii# oy :lntemted.party on reque5t, Pursuant to Section 1861 ofrhe lJ;bm' Code, Contractorwpres~nts tbl!tit fa aware of!he pmvisfomofSection3WO ·oni1e LaborC{X]e which require every employer lo be fosur~d agtiinst liability for workers' ~mpensation ot to um'lcrl£lke self·immram:e in accmdai;cc wlth tile provisions -0ft11at Cooe, ·nod q~ntnit:{Or ::tha11 cc:om:ply with such pnwl:>ions before commencing In(!! perffJrmance of the W-0rk ofme<:::ontmct Doi::urncnfs. 1. 1 Should any partt term .(}:!' prnvi~,ion uf this Conm:u::t or any of toe Contract Do<euments, or any doctnntmtrequfroo .herein or 1herefr1 to be e%eeuloo or delivered, be. declared in'Valid, wid or unenforceable. nit remaining :i:mrts:, terms and provisions shall :tcmnin in fuU fl:}:te¢ and •effect attd soatl fr1. :no ,way be invatklatm, Impaired or atreclm iberechy. lf the pmvisii:ms of!lny law causing such invaJidity, lllegality trr tmenfbreeability may be w~vcd, they .are hereh}' \vaiycd to the end il1at thi$ Contract iirirl Ih~ C~tr<icl Documents may ~e deeri'1ed valid acyd binding ~onlrn~ts, enforceable in accordance \vith their terms t(} th~ ~eat~~Lextent permitted by applic.able fa w ..... fa the e\•cut any provision not otherwise ine!udedin the ·Cl:JntraciDoeuinen!S is required 10 l;)e included by any DppJielIDJe ·!aw;· fuafprtlWSltlt! f~ deemed includ~d h(lfein b)' lhls Teferem~e(0!'1 if .S\ldl. j:)fOVlSlol'l. lS requfred fo be fr1ch:1ded in any particular porlfol! :Of the C-0ntract Doouments; that 'ptti\tisit;m is deemed im::luded. hi ih<It portfon), 7,S This Contmct and the Cmitmct Documents shall be. i:kmmed to have been cnteretl ·into in the County nf Sa:nta Clara. Staie ofCaiff6n1fa. and goven:1e.d fo all respWts by California lliw {excludirig choice oflaw rules) .. ·The ex>t:Jusive venue for an disputes or U!ip,tion hereunder s!la!I be. i.n Santa Clara Ccnmty, Both parti~ hereby waive thel:r rights nndt.'ir CalifomiaO:ide of Chiil Pn::u:cdurt'f:Seetkm 394 to file Ill motkm ro t:ransfer any U>fJtimi Otyof Cropertino 0052{}. 4 . Ctmtrnct 21}t!l Pa:vementMai1w.mm1c., l"hasc2 or proeeedfng 11rlsi11g out of the Contract Documents t-0 ac•r venue. Conirai::tl,)r accepts the Clahns Procedure in Dm:tunenr -00100. Article 12, e:stabllshed umfor tbe California (fovemment Code, Title l, Dh4slon 3.6,,Part l,Chapter 5. C1tyofO:!putlu-0 2tll 5 Pavru:n~nt Mainternmc!:! :F'fmw 2 rn 'WJTNEss.\vHEtm6F \ile, partiesJiave exeeutt;a this coritm;i in qu~drupti(;afo 1,h¢ d~y an,d ytiut fir.st ®.bov¢ written; ·. zoi!t fA VElVIEr•rr. :M.Al:NTEN~fE.}>HASE 2 CIT\': .. :CQ!'ITRi\P'l'(.l~: CITY OF COPERTll\'.O a Mniiklpai Coipofadonofthe L. Co.a. tr.n~ .. :.~.o.rt . .s.·.:.11.11.:m..e.J, ·.• , ~~,(eorq~µ.t~~ni~ , ··· ' · , , , · . · ' , /&. P.a11 'd .·.··. r~114h City .Manag,er ~fthe City of Qupe;rt.:in9/a, Munic'ip~l ,b;irp9fatfo'ii. utthe St.lite 9f California •oc$lgn~tcd·l~¢.p:r~scnt11ti~'·e: llf~mc:· r1mn1 a(lrdi:i.n title; Db:ei:tcir:<)f~ublii:t'\Vpd;s j\d~reisi. ~~:l~O Torr~ Ave.,. 9p~rtfot1, Ci\ ~~O l~ Phone: 408~117:.3354· Fac.simi I~ 408;.?77~3333 M>·tQ:µi{ns114~pbp.no... . .. . ......... ·· .. · .· AC.COUl'-l.T NUMBER: ·27o~ss:.:s2 f.•900.9:21 Ftt:EN:Q:: 9S,49-l.t 00 , , :Sy: . . .. •. ' ... , ·, , , , , ~ c:;gn•torc)~. ••• m· ••• Jeff ~o~~ct~,· Cbief Operations Officer ·. Sc~retarj.,Assi~~11t S~~r~T<lnt; .. · .. ncfol Of~c'er~.nrA.SeyiS!ant;T~easur~r) ('A .?.'i'37.J7,,, mmm•• d<i,B c.. ik;, Stat~ <;unt·rni,-;tor's L1t:::eri%e J>fo; Ctassilicntio.n 3/31/17 11tk:,,...._. __________ ~--~ Addresi;:r_. ------==~-~--- Pooriii:~ .. ---------------- fat;Si,mHe: . . . . . . . . Nm' Al(Y ; ACKNOtflnGEM:Em'' , ts . ll~QUf.N;E;D., . J ft A t;;'ORl'ORATION> CORf'.ONA't.£ , S!Al. AND , :c'-ORl'OAA"fE NOTARY :ACK/ii'O\\'J.EDE~'tEN'f .AND 11Eti1mAL TAXllfARlf R~QIJ!U.E:D.)F NOT'.,\ 'CO.RFOR,.\llON'SOCt}.l~ SECURITY :NO •. i$ltltQUtRJUf .. . ' ··. . . . . . . · .. . ·~ pitp0¢u~1ENt :(;ify9t¢upm.ioo' .... · 2015 .'f?;iw:me11t.Mal11tcITTlleaf'hase:2; ACKNOWLEDGMENT 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 Yolo On August 26, 2015 before me, John Koch, Notary (insert name and title of the officer) personally appeared _J_e_ff_R_o_b_e_rt_s ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/h~r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ·WITNESS my hand and official seal. JOHN KOCH _ • Commission # 2057783 ~ Notary Public -California ~ z Yolo County ?: J. "' ••• :;;Ml ~owrz· ;x~r;s 1eg ~\2&1£l (Seal) ACKNOWLEDGMENT 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 1 County of Yo 0 On August 26, 2015 before me, John Koch, Notary (insert name and title of the officer) peffional~appeared~J_o_r_da_n_R_e_e_d _____________________ ~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __ a__-:"-----6~------/ / (Seal) JOHN KOCH Commission # 2057783 ~ : Notary Public -California ~ z Yolo County ~ L v * w w .Ml io~12· gxrur:1ea.2g1~( All Bid items,. including fuanp ;mm5 nnd llnit price1, must be: tin:® In ~mptciw:ry. AlJQWllfielli$1mil Aft~rnaffve UM .11ema 11:rc dtsctlbc& hi ~11;1 QOSOG (S;>ecial Com!itfons), Quote in flgilreii oniy. ut1IC$ffwofds are. 51peclficidly requ.ested, Pl4ltse Note fbiat !!mt t1.llif@DSlmtf wlll !lfO'T be pci·nUttcd with the ootliptance ef :any or 11ii cftlleAltcrrrntSve -U!d Jcttms l!$Wl .,\ll!IW. · crvo:fC!ipemiJ41 '1-0J5 Pllveme1•t Mai11ilmru11:elllwd A4dci1d11m 1 ·· . City l!'i Cupel'iino . 2015Paviim:ntMaintc~cPliau:2 t\dd'~ttn•t DOCUMENT 006 I 0 CONSTRUCTION PERFOH..1"\"IANCE BOND Bond #929619983 Premium: $2, 142.00 Project No. 2015·24 THIS CONSTRUCTION PERFORlvfANCE BOND (''Bond'') is dated August 24, 2015 , is in the penal sum of Seven Hundred Fourteen Thousand and 00/100 Dollars ---------,--,----,.--..--.,---c'.------[which is one hundred percent of the Contract Price], Md is 1m1ered into by and between 1he parties listed below to ensure the faiil1ful perfom1a11ce of the Coostruction Co111ract listed below. l11is Bond consisis of this page and 1he Bond Tcm1s and Conditions, parngmpbs 1 through 12, attached to th.is page. Any singular tilfor!)(lce to VSS International, Inc. ("Contractor"), ....... Weste;:!:l_~urety C.£.IT!P.~~y .. mH •• • ("Surety"), the Cily of Cupertino, a Municipal Corporntkm of the Stnte of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: VSS lnternatonal, Inc. Name 3785 Channel Drive Address West Sacr<lfllento, CA 95.691 . City/Sta tc/Zip CONSTRUCTION CONTRACT: SURETY: . .. Western Suretx Companx Name w.}_3~So~t~ Wabas~--~v-~nue, 41st Floor Principal Place of Uusiness Chica\l~.~ .. !L 60604 Cit)1/State/Zip 2015 PAVEI\1ENT MAINTENANCE PHASE 2 PROJECT NUMUER 2015-24 DATED. Augus(?L Seven Hundred Fourteen Thousand and 00/1 OD Dpllars ... ___ , 20~ in the Amount ofS (the "Penal Sum") CONTRACTOR AS PRINCIPAL vss International, Inc. Company: (Corp. Sea Name and Title: Name imd Till1!: .. :f.hom_as -~· Hucik, Attorney-in-Fact _Jeff Robert$, .Chief Operations Officer BONO TJtRMS ANP CONPITlONS l. Comrnc tor and Surety, jointly Md scvcmlly, bind 1hcmsclvcs, their heirs, executors, admlni.<mators, successors and assigns to City for 1hc complet¢ and proper performance of the Construction Contract, which is. incorporntcd herein by reference. 2, If Contractor completely and prnperly perfom1s ;ill of il' oblig11tions under the Co11i>tructi<m Contracl, Surely u.nd Contractor shall have no obligntion under this Bond. 3. If there. ls no Cily Default, Surety's obligrition umfor thii; Bond sh111I arise nftcr. 3. l Ci1y hu$ dcdatctl a Co1Hractor Default under the Con.slrnction Contract pursuant to the tenns of the Constmction ConlrMt: llnd 3.2 City has ngr<:ed to pay the Balance of the Contract Sum: 3.2. t To Surely in accordnncc wilh the lonns of this: lfon<l n11d the Cons1n1cdon Contrnct; or Ci1y ofCup~riiM 2015 Pii\'(:mcnt Mnintcnancc Phu.sc 2 00610· I Construction Pcribnnani;c Bond Projt~I No. 2015·24 3.2.2 To a conlrnctor selected to ~rfonn the Construe lion Contract in accordance wW1 Ille terms of this Bond and the Cons1rui::tion Contract. 4. \Vhflli City hns satisfied the conditions of paragraph 3, Su.rely shall promptly (within 30 days) and ;1( Surety's expense ck.ct to take one of the following actions: 4.1 Arrange for Con).mctor, with consent of City1 10 pcrfomi nnd complete the Coustruclion Contract {but City runy withhold consi;:nl, in which case the Surety must c!cct tin option described ill pa.n.igraphs 4.2, 4.3 or 4.4, below); or 4.2 Undertake to perform nnd complete the Constrnclfon Contract itself, through its agents or through independent c.ontractorsf provided, that Suret>• may not select Contructot as its agent or Independent contractor without City's co11.sen1; or 4.3 Undl!rU1kc lo perform a11d complete the Construction Contract by obtaining bfd.~ from qllalifiud coniractors Mceptable to City for a cotHract for performance mid completion of the Consfrootiim C<.mtrni':t. nndt upon delemlluation by City of the lowest responsible bidder, arrange for 1t com.met to be prepared for execution by City and the contractor selected with City's conc1nrcn~11, to be sccuttd with p<!normnncc M<l payml'lnt b0rtds executed by a qualified sur~ty equivalent to !he bonds is$Ucd on t.h(l Cons1rnc1ion Crmttnct; llnd, if Surety's obllgnt!ons deft11ed !n paragraph ~1 below, exceed the Balance of the Contmct Sum, thM Surety shall pay to City the amount of sucll excessj or 4A Wuiw Hs right 10 perfo1·n1 and complete, nr1.mg~~ for completion, or obtain a new contractor mid with reasonable promp!ncss \l!lder tho cin::ums(fll!C;CS, nnd, aficr hwcsll.galiou and consu1!111ion with City, deiem1ine in gi:.u;Jd faith its monetary ob!iga1fo11 to Cily under pamgrapit 6, below, for the perfommnc{! and completion of th!} Constnictic:lll Conltal.ll ruid, as soon as practicable al'ler the. nmount is detem1incd, tender payment therefor to City wlth full explanation of Ille payment's cak:uln1ion. If City accepts Surely'$ tender \I!ldcr this pamgtllph 4.4 1 City may still hold Surety linblc for foiure damages then unknown or unHquiclat~d rc$ultlng from the Co111rac1or Dcfiiult. If City disputes the lllllount of Surety's lender under this pttmgrnph 4.4, City mn;• exercise nil remedies available to it nl law to enforce Surety's liability under paragraph 6t below. 5. If Surety doos not jJrnceed <Is pn>Vidcd in par'.igraph 4, above, !hen Surely shall be deemed to be In defo11lt on Ibis Boud ten days nfier rccdpf of an additiMi'll wrillcn no1foe from City to Surety demanding. !lrnt Surety perfonn its obHgalion.s under this Bond. At nll !irm:s City shall be entitled to enforce till)' remedy available to Cfly at law or under the Cons!ruclion Conlntct including, without l.imil.al.iOJ'l, and by way of example only, rlghls tq perfomi \\;ork, protecl. work, milig11te damages, adv!lnc11 nilicai w~1rk to miligate schedule delay, or coordinate work wl!h othe.r consullants or confmctofl);. 6. Surety's monetary obligulkm und~r this Bond i$ limited by U1e /\.mount of this Bond identified hcrciu as the Penal Sum, 111is monetary obligation sh.all augment the Balance of the Controct Sum. Si1bjcct to !hes¢ lfru.its, Surety's obligations under 1his Bond are commcnsunite with 1hc obligations of Contractor under the Cons1ruetion Contract. S11re1y's oblignllon.s shalt include, but are not limited 10: 6.1 The responsibilities of Contractor under the Construction Contrnct for compkliN1 of lhc CoMJ.roction Cowact and COl1'C<:lion of defective work; 6.2 The rcsponsibHit.ies of Conlractol' 1md~r the Consuuctlon Contmcl .10 pay liquidatc<i damages, and for tlrunagcs for which no liquidated daruflgcs a.re specified in l11e Cous!ruclion Contrncl, actual damages cawed by t:IOU:P.erformance of th~ Consr.ruclion Contract including, but not limited 10, an valid nnd p!<lJ)¢r bad~charge!:, offsets; payments, indemi1iiies, or oilier damages; 6.3 Additional l.cgal, dcsi.g11 professional ru1d delay costs resulting fi:O!ll Contractor Defanh or resulilng from th~ actions or failure to act of tho Surety under paragNiph 4, above {but excluding attoniey's fees incurred to enforce this aond}. 7, No right of aclkln shall accrue on this Bo11d to any person ot entity 01ber lhnn City or its successors or assigns. City of Cupertino 00610. 2 2015 Pa1•emcilt MalmetlMCe Plw.se2 Projr:~t No. 2015·24 S. Surely hereby waives notice of nny chaiigc, altcra!ion or ndditioo 10 the Construction Contract or lo related subcontracts, p11rc.hasc orders and 01hi:r -0b1lgu1fom;, indudi11g d1a11gcs of time. Surety cousents to all terms of the Construction Contract, including: pmvisions on clumges tD 1he Contract. No extension of lime, change, alteration, modific11tfon, ddi::tion, or addition (o the Contract Documents, or of the work required !hereunder, shall release or exonerate Sur~IY on this Bond or in an}' way tiffcct the obligations of Surely on 1his Bond, 9. Any proceeding, legal or equilable, under this Bond shall be insliMed in any coun of competcia jurisdictio1l wl1erc !°l proceeding Is pending between City nod Contractor regarding the Cons!ructlon CMtract, or i.n the courts of the County of Sama Clara, or in a court of competent jurisdiction in the location in which die work is located. Com.i1rn11foations from City to Surety under parngmph 3.1 of this Bond shall be deemed to include the neccsstuy co1Hracts under paragraph '.t2 ofthls Bond unless expressly stated othenvise. l 0. All notices to Surety or Contractor shall bc mnlkd or delivered (at the address set forth 011 the signature page of this Bond), and all notices to City sball be rnail~4 or delivered as ptovidtd in Document 00520 (Contract). Actunl receipt of no lice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the dale received at the forJ::going ;iddresscs. 11. Any provision in this Bond couOioting with nny statutory or regulatory rcquircmeut $hall be deemed deleted hcrcfrom and provisioJJs ccnfonning to such statutory requfrenv:m shall be deemed incorporated herein. 12. Oeflnilions. 12. l Blllancc ofthe Co111tact Sum: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract alter all propilr adjustments hav~ been made under the Construcllon Contrncl, for example, deduttions for progress payments made, and incrcascs/dccrca$es for approved modifications lo tlle Constmction CMlrl!CI, · 12.2 Constmclion Contrnc!: The c-0nlrnc1 between City and Contrilctor identified on the signahire page of this Bond, including all Contrncl Documents and changes thereto. 12.3 CMtnioror befauli: ?vfatetfol failure of Contrnctor, which has nel!her been remedied nor waived, !o p\!rfonn or otherwise to comply with the tenllS of !he Cons!niclion Conlrnct including, hut not limited to, "ddaull" or an~· other con<litk111 al!owins a termination for cause as prnvided in Document 00700 (General CondlliMs). 12.4 City Default Material failure of City, which has neither b<:cn remedied nor waived, to pay Contmctor progress payments due under the Con~trnclion C~n1mc1 or 10 pcrfom1 other rnntctlal tcnns of 1he Constrnclion Contmc!, if such failure is the cause of tho asscncd Contractor Default nnd Is sufficient 10 jus1ify Contrnc1or tenninntfon of the Constniclkm Contract. END Of DOCUMENT Chy of Cu1>enino 006!0 .3 Constructio11 Pcrfominm::c Bond 2015 Pavement ~fainteiwncc Pha~c 2 ACKNOWLEDGMENT 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 Sacramento AUti 2 6 2015 on ___________ before me, Rosalie A. Miszkiel, Notary Public (insert name and title of the officer) personally appeared Thomas R. Hucik who proved to me on the basis of satisfactory evidence to be the person(s} whose name(s) is/ar.e subscribed to the within instrument and acknowledged to me that he/.shef.t.1:1-ey. executed the same in his/heF/.tfle.ir authorized capacity{~es.), and that by his/.heF/.their-signature(-sj on the instrument the person(-sj, or the entity upon behalf of which the person ts-} acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu:=r ----__ (Seal) ACKNOWLEDGMENT 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 Yolo on August 26 1 2015 before me, John Koch, Notary ·-·:.,·.· (insert name and title of the officer) personally appeared _J_e_ff_R_o_be_r_t_s _____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. -~~.o~ Signature __ ~----*~"'"'·--=-? _____ _ / r (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Slowi Palls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint David Weise, Thomas R Huell<, Lynn E Patton, Rosalie A Miszkiel, Nicki Moon, Individually of Rancho Cordova, CA, !ts trne and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and eicecute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature ~ In Unlimited Amounts ~ and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. Titls Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation, In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 17th day of June, 2015. State of South Dalmta County of Minnehaha WESTERN SURETY COMPANY On this 17th day of June, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say; that he resides In the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMP ANY described in and which executed the above Instrument; that he knows the seal of said Co!pOration; that the seal affixed to the said instrnment is such coiporate seal; that it w&s so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said cmporation. My commission expires February 12, 2021 S. Eich, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and ftutber certify that the By· Law of the coiporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 26th day of August 2015 WESTERN SURETY COMPANY l'Otnl 1'4280·7·2012 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By· Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, unde1takings, Powers of Attorney, or other obligations of the corporation shall be executed in .the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary" or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertaldngs in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation, The signature of any such officer and the corporate seal may be printed by facsimile. Bond #929619983 Premium: Included in Performance Project No. 2015·24 Bond DOCUMENT 00620 CONSTRUCTrDN LABOR AND MATERL\L PAYM!ENT BOND lHJS CONS1'RUCTION LABOR AND MA TE Rf AL PAYMENT BOND ("Bond'') Is dated August 24, 2015 , is in the pciiiil sum Seven Hundred Fourteen Thousand and 00/100 Dollars · -·---~--- [orte hundred percent of the Contract Price], and is e.rttered into by and between tl!e parties lisied below to <;nsurc the payment of claimants und!!r the Construction Contraet listed below, This 13oud consists of this pnge and the Eo11d 1' ern1s and Condilions, paragraphs I tl1rough l4, attached to th.is page. Any singulnr reference IO VSS International, Inc. ("Contrnctor"), ..J'!.!3..f2_te_r_n_S_u_re_ty..._C_om.........,p_an~v~-----~~ ("Surely''), the City of Cupertino, a Municipal CQrporatfon of the State of California ("City") or other party shall be consldcred plural wlicrc applicable. CONTRACTOR: VSS International, Inc. Name 3785 Channel Drive Addre:is We_s~§13c;r13_fllento, CA 95691 City/St;ite/Zip CONSTRUCTION CONTRACT: SURETY~ Western Surety Company -~----. .. ~ .. Name 333 South Wabash Avenue, 41st Floor Principal Place ofBusiness Chicago, IL 60604 CityJSta!e/Zip 2015 PAVEMENT lVIAfNTENANCE PHASE 2 PROJECT NUMBER20l5-24 al Cupertino, Califomia. DATED August 26 20 .15 • h A fS Seven Hundred Fourteen Thousand a{od OQ(JOO Oo.Uars,.) , =-· Ill t e mount o · . uie !'cnul :>um BOND TERMS AND CONDITIONS L Contractor and Surety, jointly und severally, bind thcmsdves, their heits, executors, adm1uistrators 1 successors and assigns to City and to Clainrnnls, tci pay for labor, m!llctfol.$ and cquiprntnt furnished for use in the pcrfonunnce of the Conslruction Contrnct, which is inct'lrporn!cd herein by rcfon:mce. ;l, With respect to City, this tibtigallon shall be null and void ff Conlmctor: 2.1 Promptly mnkcs pnynumt, directly or Indirectly, for all sums due Claimm1i.s; and 2.2 Dcfcnd.~1 iridi.\tmilfies and holds harmless City from all claims, demands, liens or suits b;• any P<!non or c-ntity who fumilihcd labor, ltifilerials or equipment for use in the performance of the Cons1n1c1ion Contact, providi:d City has promptly notified Con1rac1or and Sure£y {ill lite address set forth on the signature page of 1his 13ond) of any claims 1 demrrnds, lieus or suits at1d tendered defense of such claims, demm1ds 1 liens or sult,'1 lo Contractor and Sutcty, nud provided there is no City Default. 3. With respect ro Clalman!s, 1his obligation shall be null and void if Contractor promptly makes payme111 1 directly or indirectly through its Subcontractors, for all sums tlu.e Claim;ni!S. If Colllral)lor or its Subci>nttactors 1 h¢wever, foil to pay a1\y of 1he pc.rsons n;1med in Scvdon 3181 of 1hc California Civil Code, ot amounts due u11dcr the Uucmploym~m J11surnnco Code \\~lh n~spc¢t to Work or l~l>or performed under the Co1i1ract, or lbr City of Cup<lrtino 00620 • I Constrnc1ion Labor nnd Milli:rial P11}1m:n1 Bond 201 $ l"iwemcnt llfalntennncc Phase '.l I I ! i l j I l I ; ~ i j, ! {: i 1 ,, I i l ! f r ' ! f t ! 4. 5. (i, 7. s. Project No. 2015-24 · any i11t1ounts requited to be deducted, withheld, and paid over to the Emplo1111ent Development Department from I.ho wagcs·of employees of Contmctor or Subcontra~toro pursuant to Seoiion 13020 of 1J1e Unemployment illSUtllnce Cod<:., with respect to sc1,1ch Work m.ld hibor, tlrnt1 Surety shall pay for !lie same, and also, in 0'1$e :>\lit is brought upon this Bond, a reasonable attorney's fee, to be fi.xe<l by the cuurt. Co11slst¢1\I with ttio California Mechrutlc's Llen law, Civil Code §30$2, et seq., Surety shall have no obligatkin to Claimants under thii1 8ond unll}Ss the' Claimant lias satisfied all applicable notke requirements. Surety's total (lbligalion shall nol exceed the amount of this J3ortd, and tho amount ofthis Bond shall be crc<llted for MY paym1mts 1111.idc in gocid faith by Sur¢ty under ihis Bond, Amounts due Contractor under th!! Construction Contract shnll be applied fir$l to satisfy claims 1 ff any. under any Construction Perfonrnmcc Bond nnd second, to satisfy obligntion~ of Contr11ctor and Surely under this Bond. Cl!y shall nol be Hubie for payment of any costs, expe.nscs, or 111tomcy's fees of itny Claimant under this .Bond, and shall have under lhis Bond no obligations to make payments to, give no!kes on behalf of, or otherwise have obligations 10 Claimants under this Bond. Surety liereby waives notice of any change, including i;;h1mgcs of lime, to 1he Construction Cl;mtract or t.o related subcontrocts 1 purd1ase orders· .nnd other obllgn1ioiis. Surciy fiirther hereby stip11lates and agrees thai no chang~, extension of lime, nlteralion or addition to the tcnns or the Collstrnction Co1nrnct, or to the Work 10 be perfom1cd thereunder, or mnierials or equipment to be fumished thereunder or the Spedfic.ations lKc<irnp;rnying the same, shall ill nny way affect its obligations un.der this Bond, and it does hereby waive any requirement of 1101foe. or any such ehange, exte1~lon of time, alteration or addition to !he terms of the Construction Contnu;;t or to the \Vork or to t11e Specificatlo11s or nny ot.her changes. 9. Suit against Surety on this Bond may be brought by ru1y Clainln.nt, or its nssigns, <it any lime after the C!alm!llit has furnished tlm last of the labor or materials, or both, but, per Civil Code §3249, must be comnwnced before the expira1ion of six months after the period in which stop notices may be filed M provided ln Civil Code §3184. 10. 11. 12. 13. All notices to Surety or Cmttrnctor shall be mnik<l or delivered (al the address: set fonh on tlic signature page of this Bond), and nil notices to City slmll be mailed or delivered as provided in Document 00520 (Con!rnct). Actual receipt of notice by Surt:ty, City or Co11trac.1or, however 11:ccomplished 1 shall l>e sufficient compJfoncc as of1h1; dale rcc11ivcd at the foregoing addresses; This Bond h1.1s be()(l furnished to comply with 1hu Califoniia Mechanic's lien 1.aw including, bll! not limited to, Civil Code §§3247 1 3248, ct seq. A11y p1uvision'in tliis Bond C:onllictin,g wilh said stntu.tory requlrcmen!s shall be deemed deleted hcrefram and provisions conforming to .rnr.h statutol)' or lither legal requirements shall be deemed incorpo(atcd herein. The intent Is thnl this Bond S.hall be co11s[fUed as a s1a1utory bond and not M u common law bond. Upon request by uny pcnmn or i;:utiiy appearing to be n potcntlnl l>i,"!neffoiary of this l3ond, Conttncwr slmll promptly fumb;h a t:opy of I.his Bond or sliall pcm1!t a copy to be. m~dc. Contrnctor.slrnll Jl!!Y to persons performing l<ibor in mid aboi.1t Work pw.1dcd for ln the Cotitrnct Documents an amount equal to or mpre lhJJn !he general pre1•t1.iljng T!'!~ of per d.i,~m W~S~I' for (I) work of n similnr charactc.r in lhe local.~ty in. which ~be Wor,k ,is pprfo:~m~d ;md. (2) l~g\ll li9)itj~y m!4. 9~cr,time wo)'k in said locality. The per <lieiu \vilges sJrnll be an:nmoiii~l .equa1.19 or .. ii~o~e than.Qli;\ ~tipW~(e<l rni~s ~i;mtairied ln .. a sch!idi.ile that bas been ascerinined iinp determined by ~he O!r~.cior o'f)h¢ ~t~t~ ])epaitineni, .l.'lf. Inqu~.trl~l. ~~lMions and City to be the general prevailing rnle of P'Cr df~m \vliges ,fo.r eacr. era~ or type' ofwqrkrnn,n ,9r n.1¢c!H\lil.r. ,heeded to exccu!e this Con1.rnc1. Contractor sfrnll also cause a copy oflhis determination of1lie prevailing rnteofper diem wages to be posted at each Site. City o(Cupenino 0-0620 ~ 2 2015 P11vmncnl Maintenance Plms1; 2 14. Definitions, 14.l Claimant: An individual or Ctllily havlng a direct co!llract with Conrractor or with n Subcontractor of Coulractor to furnish labor, materials or equipment for use in the performance of the Contract, ns forther defined in CaHfomia Civil Code §318l.· The intent of this Bond sliall be to include without limitati-011 in the terms "labor, materials or equipmem" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architccmrnl and engineering services required for perfonnancc of the Work of ContractOf and Contrnctor's Sub~ontrn1;lors, and all other ilem.s for which a .slop no Ike might be <\$strted. The term Claimanl slrn!I af$o includa the Uncmploymunl Development Department as rcforrcd to in Civil Code §324S(b). 14.2 Cons!rnclion Contract: The contract between City nnd Contractor identified on !he signntlirc page ol' this Bo11d, including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither beeu remedied nor wnived, to pay the Co1\!ractor as required by the CortStruction Contract, provided that foilure ls the cause of 1))e fai!u(e of Contractor to pay tl1e Claimants and is sufficient lo justify tcmliilalio11 of the Constniction Contract ENP OF DOCUMENT City of Cupertino {J-06i0. 3 Con$troctiou Lnbor nnd Mal<.'.ria! Pa)1nen1 Bond 1015 Pavement M~in1cnoncc Plmsc 2 ACKNOWLEDGMENT 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 Yolo on August 26, 2015 before me, John Koch, Notary (insert name and title of the officer) personally appeared _J_e_ff_R_ob_e_rt_s _____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JOHN KOCH WITNESS my hand and official seal. Commission # 2057783 ~ : Notary Public -California ~ z ~o~u~y -t . ;; ;; .. Ml i 0 wrg· [X~r;s 1ee L\n1 al Signature a~ (Seal) ACKNOWLEDGMENT 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 Sacramento On __ A_U_b_G_ti _2_01_5 ___ before me, Rosalie A. Miszkiel, Notary Public (insert name and title of the officer) personally appeared Thomas R. Hucik who proved to me on the basis of satisfactory evidence to be the person(s} whose name(s-) is/a.r-e subscribed to the within instrument and acknowledged to me that he/shett.Rey executed the same in his/heFJtfleif authorized capacity{jes.), and that by his/heFltheir-signature(-sj on the instrument the person(-sj, or the entity upon behalf of which the person ts-} acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signal~ (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office iI1 the City of Slomi Falls, and State of South Dakota, and that it does by virtt1e of the signature and seal herein affixed hereby make, constitute and appoint David Weise, Thomas R Huell<, Lynn E Patton, Rosalie A Miszkiel, Nicki Moon, Individually of Rancho Cordova, CA, !ts true and lawful Attomey(s)-in-Fact with foll power and authority hereby conferred to sign, seal and e~ecute for and on its behalf bonds, undertakings and other obligatory insttuments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if su-0h instniments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and conflnned. Titls Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation, In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 17th day of June, 2015. State of South Dakota County of Minnehaha WESTERN SURETY COMPANY On this 17th day of June, 2015, before me personally came Paul T. Brutlat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and whioh executed the above Instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Dirwtors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same lo be the act and deed of said corporation. My commission expires February 12, 2021 S. Eich, Notary Public CERTIFICATE J, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By-Law of the coiporation piinted on the reverse hereof is still in force. In testhnony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 26th day of August 2015 WESTERN SURETY COMPANY Fonn F4280-7-20!2 ' . Authorizing By~Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and ex.ecuted pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, ot· other obligations of the corporation shall be executed in .the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary,_ or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertaldngs in the name of the Company. The corporate seal is not necessary fol' the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation, The signature of any such officer and the corporate seal may be printed by facsimile. l • DOCUJviENT 00610 CONSTRUCTION PERFORl\"IA.NCE BONI) Bond #929619983 Premium: $2, 142.00 Project No. 2015-24 THIS CONSTRUCTION PERFORMANCE BOND (''Bond'') fs date<l August 24, 2015 , is in the penal smn of Seven Hundred Fourteen Thousand and 00/100 Dollars -------------·.-----~---[which is one hundred percent of the Conttact Price}, at\d is cn!eted into by and between the parties listed below to ensure the faiil1ful perfonnnnce of the Coos.trnction Con!ract listed below. llliS Bond consfsis of this page and !lie Boad Tem1s and Conditions, pnrngrapbs I through 12, attached to this page. Any singular ti:.fonmce to VSS International, Inc. ("Contractor''}, __ . Weste.'.!:1 .. ~urety Co,Tp~ny .. _ . . . ("Surety"), the Chy of Cupertino, n Municipal Corpornlk'll of th<i Stille of Califomfa ("City") or other party shall be considered plum I where applicable. CONTRACTOR: VSS lnternatonal, Inc. Name 3785 Channel Drive Address West Sacra_r11ento, CA 95691 . City/Sta tu/Zip CONSTRUCTION CONTRACT: SURETY: .. Western Suretx Companx Name _}_?~SJ?ulh Wab~s-~:Av_':l_nue, 41st Floor Principal Place llfUusiness Chica9CJ.! .... 1 .. L 60604 City/State/Zip 2015 PA VElVlENT l.\1AINTEN ANCE PHASE 2 PROJECT Nln\IllER 2015-24 DATED . August ?~ . Seven Hundred Fourteen Thousand and 00/100 Dollars m~• 20 1.5. in the Amount ofS (the "Penal Sum"} CONTRACTOR AS PRINCIPAL vss International, Inc. C~mp,uy' (Co'P~ ~ Sig""'"" ~ i'l•ni• and Title: ~ ~ .Jeff Roberts.Chief Operations Officer Name imd Til ~: " !_ho_ma_s R .. Hucik, Attorney-i~-Fact • J30ND TltHMS ANO CONDITIONS l. Contrnclor and Surely, jointly Md scvcrnlly, bind 1hc111sclvcs, their heirs, executors, administrators, successors and assigns to City for the comp!<:!~ nnd proper performance of the Constnrction Contract, which is lncorpornted herein by reference, 2, If Contractor completely nnd pn:i))erly perfom1s ;ill of it.s oblig11tioos und(.'r the Construction Con!nlcl, Surely !ind Contr;ictor shall have no obligation under this Bond. 3. lfthere is ilO Cily Default, Smcly's obligqtion under this Bond sh<llt arise after, '3. l City hM declared a C0rHrt1ctor Default under the Conslrnclton Conimct p11rs11.nnt to the tenns of the Conslrnction Ctmlrnct: llnd 3 .2 City h11s ngr;;ed to pay the Balance of the Contract Sum: 3.2. t To Surety in accorduncc wi1h the terms of this Bond nud the Conscnict.ion Contract; or City ofCup~rtirw 2015 Pavement .Mniotcnam:c Plmsc 2 00610· l Comtruction Pcrt'ommn<.:e Bond Projt-cl No. 2015·24 3.2.2 To a conlrnc!or selected to ~rfonn the Construclion Contract in accordance with ll1e terms of !his Bond and th~ Co11s1n1clfon Ci:in1rnct. 4. Whe1l City hns satisfied the conditions pf paragmph 3, Surety shull promptly (within 30 days) and :11 Surety's expense ck.ct to hike one of the followiug nctions: 4, I Arrange for Contractor, with conse.nt of City, to pcrfom1 nnd complete the Construe lion Contract {but City runy withhold cons,;:nl, in which cas<1 the Surety must elect iln option described ill paragraphs •1.2, 4.3 or 4.4, below); or 4.2 Undertake to perform and complete the Constrnclion Contmct itself, through its agents ()r through independent c.ontn1ctors; provided, that Surely may not se!eci Contractot as its eg1mt or Independent eontraclor without City's conse111; or •1.3 Und1:rtal\c to perform au<l complete the Construction Contract by obt<1ining bfd.~ from qualified contrac!ors acceptable 10 City for a contract for perfomnrnce nnd completion of !ha Conslnlction CQ!lll'fl~i. nndt upon de1enulnation by City of the lowest responsible bidder, arrange for 11 contract to be prepared for execution by City and the contractor selected with City's co11¢11ncn~il, to he securtd \\~th pciformancc M<l payment bonds executed by n qualified sur~ly equivalent to !he bonds issued on llw Cons1rnc1fon Conttact; nod, if Surety's ob!lgalions defiued in paragraph ~1 b!Ollow, exi;ei:d tl1¢ Balance of tho Conlmct Sum, thcn S\Jn::(y shall pay to City the amount of such excess; or 4A Wuivc il.s right l(l pc,fom.1 Md complete 1 n11.mge for completion, or obtain a new contractor mid with rens611nble prompuws:> under tho circuinslfmces, nnd, alier itwcstl.gatiou and consul!ulion with City, detem1inc in go<id failh its mon~tnry obllga1Io11 to City under prm1.graplt 6, below, for the pcrfom1ance and completion of the Consl.nlction Contra\lt and, as soon as practicable after !he amount is delem1ined, tender pa)-1t1cnl therefor to City with full explauation of the pay111en1's eal<;uhufon. If City nccepts Surnty's tender 1111dcr this paragraph 4.4 1 City may still hold Surety liilble for filiure dam;igcs then unknown or tJnliquidatcd rcsultlng from the Contrac1or Default. ff City disputes the amount of Surety's tend~r under thiil pur<'Jgtaph 4A, City mny e:.:l'.'rdsc all remedies available to it nl lmv to enforce Smety's lfobility under pnnigraph 6t bcl<iw. 5. If Surely docs not prncc\!d as providt;d in pawgraph 41 above, !hen Surely shall be deemed to be ill <lefo1ilt on this Bond ton days afier n:cc!pt' of ilO MdiliMal written no1ke from City to Surety demanding that Surety perfonn its obUgnlions under this Bond. A! all times City shall be entitled to enforce 1\1\y remedy available to Cfly al law or under the Cons!ruction Contrnct incl11dlng, wi1hou! limita(ion, and by way of example 011ly, rights to perform \Vork, protect work, milignle damagi:s, ad\•ance critical work to miligatc schedule delay, or coordhrntc work wi1h other consul1ants or conlrnctor&. 6. Suret)"s monetary obligalkm \mder this Bond i$ limited by the /\.ruounl of this Bcmd identified hcrcio as. the Penal Sum. 111ls monet11ry obligation sbn!l augment the Balance of the Conl:rllci Sum. Si1bject 10 lhe.s\l limits, Surety's obligations under 1his Bond are commen$unite with the obligatfons of Corltractor under the Cons1111ction Contract Surety's obl.ignllons shalt include, but nre not limited 10: 6.l The responsibililics of Contractor under the Confilrncl!on Contrnct for complcli1;111 of the Co11.<>!nlclion Cotitract and correction of defective work; 6.1 The rci;ponsib!Htfos of' Contn1cto1· under the Constntction Contmcl .10 pay liquklatcc! dnm11ges, ond for drunngcs for whiCli no liquidated dnruflges a.re speclficd in IIici Coustruction Contrncl, actual dmnnges caused by uou·p_erformancc of the Construction Contract including, but no! limited 10, all valid nnd proJ)¢f bllCl\cbatgeS, Dffsets."payntenls, lndemi1iiies, or Oilier damages; 6.3 Addilional legal, dcsig11professional1rnd delay costs resulting fi:o1u Contractor Default or resuliing from the actions or failure to act of tJ10 Surety under paragraph 4, above (but exch1di11g attoniey's fees incurred to fllforcc this aond), 7. No right of action slrnll 1m:m.1e or! this Bo11d 10 any pe~on or entity other limn City or its successors or assigns. City 0Cl'u11etti110 00610. 2 Co11stf\Jcllo11 Pi:rformttrice !fond 2015 Piwemchl Mahit('llUflCe l'h115e2 8. Surely hereby waives notice of any change, altcra!ion or ndditio11 10 tJ1e Construction Contmct or to related wbcontrncts, purdrnsc orders and 01hi;r obligation:>, indudii'g changes of time. Surety consents to all terms of 1he Co11s1ructlon Contn:icl, including: provisions on cha!lges ID 1he Contract No extension of lime, chnnge, alteration, moditlcatfon, ddc1io11 1 or addition to the Contract Documtnts, or of !iie work required thereunder, shall release or exonerate S11r«:!tY on this Bond or in any way nff<:ct the obligations of Surety on ihis Bond, 9. Any proceeding, legal or equitable, under this Bond shall be insriMed in any coun of tompete1n judsdictiM wliere o proceeding !s pending between City and Contractor regarding rhe Conslruction C<mtriicl, Qt in the courts of the County ofSalila Clara, or in a court or competent jurisdiction in the location iit which the work is located. Co1rummfoa1ions from Cl!y to Surety under paragraph 3.1 of this Bond shull b~ deemed to include the necessary co1Hracls urtdcr paragraph 3.2 of!hls Bond ut1less expressly stated otherwise. t O. All 1101foes to Surety or Contractor sliaH be nial!i:d or delivered (1H the address SCI forth ou t11e signature page of thls Bond)1 un<l all notices to City shall be m;iil~d or delivered as pr<:ividtd ill Document 00520 (Contract). Aclunl receipt of no lice by SUretY, Cily or Contractor, however accomplished, shall be sufficient compliance as of the date received at 1J1e foregoing ;iddresscs. 11. Auy provision in this Bond connicting with nny statutory or regulatory requirement slmll be de.e1i1cd dclcte<l hei·efrom and provisions conform.Ing to such statutory requfreme!ll shall be deemed incorporntcd herein. l ;!, Ocftnhkms. 12. l Balmlcc of the Co111tact Sum: The total amount payable by Cl!y to Contractor pursuant lo the terms of the Construction Contract alter nll prop~r n.djustnwnts have been made under the Construction Contmcl, for example, deductions for progress payments rnude, and incrcases.!dcerea$es for approved modifications 10 the Constrnction CMlrlltl. · l 2.2 Co11stn1c1ion Contrnc1: The contrncl between City and Contrilcfor idcntitfocl on 1hc signah1re page of this Bond, luclud!ng all Contrncl Ducumen1s and changes thereto. 12.3 Contr(:lctor Pefaul1: l\fatetial failure of Contractor, which has nellher been remedied nor wnived 1 lo pcdbntl ¢r otherwise to comply with the tcnm; oflhe Co11s1mcllon Conlrnct including, bul not limited lo, "ddhult" or liIIY other condition allowing a tennination for cimse as prnvi<led in Documcnl 00700 (General Condl1kms). !2.4 City Default Mn1erl1'!l failure of Cit}', which has neither been remedied nor waiv~d. to pay Conttnctor progress payments due under the Con~trnclion C~n!rnct or to pcrfonn other flil'ltl!rlul tcnns of 1he Constrnclion Con!mct, if sucl1 failure is the cause of the asserted Contrncior Default nttd ls sufficient 10 justify Contractor tenninntlon of the Construclion C-0ntrncl. END Of' DOCUMENT City ofCupm1ino 006i0. J C'¢nstruc1ion P1:rfom1am:1,: Oond 2015 P1wcnwn1 M;1intenn11cd)has.e2 ACKNOWLEDGMENT 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 Yolo on August 26, 2015 before me, John Koch, Notary (insert name and title of the officer) personally appeared _J_e_ff_R_o_b_e_r_ts _____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature~ (Seal) ACKNOWLEDGMENT 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 Sacramento On AVG 2 6 2015' before me, Rosalie A. Miszkiel, Notary Public -----------(insert name and title of the officer) personally appeared _T_h_o_m_a_s_R_._H_u_c_ik ___________________ _ who proved to me on the basis of satisfactory evidence to be the person(s} whose name(s) is/ar-e subscribed to the within instrument and acknowledged to me that he/.sheltJ:i.ey executed the same in his/heFltAeir authorized capacity{jes.), and that by his/heFltAeif-signature(-s1 on the instrument the person(-s1, or the entity upon behalf of which the personfs-} acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Signature -----1-----------(Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These .Presents, That WESTERN SURE'IY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it dooo by virtu1,1 of the signature and seal herein affixed hereby make, constitute and appoint David Weise, Thomas R Huell<, Lynn E Patton, Rosalie A Miszkiel, Nicki Moon, Individually of Rancho Cordova, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and eKecute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instniments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and conflnned. Titls Power of Attorney is made and executed pursuant to and by aulliority of the By-Law printed on the reveise hereof, duly adopted, as indicated, by the shareholders of the corporation, In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 17th day of June, 2015. State of South Dakota County of Minnehaha } SS WESTERN SURETY COMPANY On this 1701 day of June, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say; that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vi co President of WESTERN SURETY COMP ANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires February 12, :2021 S. Eich, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMP ANY do hereby certify that llie Power of Attorney hcreinabove set forth is still in force, and fmther ce1iify that the By, Law of the coiporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this ~~-day of August 2015 WESTERN SURETY COMPANY Fom1 F4280·7·20l2 Authorizing By~Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By.Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corpol'ation shall be executed in .the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretruy" or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertaldngs in the name of the Company. TI1e corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation, The signature of any such officer and the corporate seal may be printed by facsimile. Bond #929619983 Premium: Included in Performance Project No. 2015·24 Bond DOCUMENT 00620 CONSTRUCTION LABOR AN}) MATERL\L PAYMENT BOND nus CONS1'RUCTION LAD OR AND Iv1A TE RIAL PAYMENT BOJ'>I}) ("Bond'') is dated August 24, 2015 , is ir1 the pimal surn Seven Hundred Fourteen Thousand and 00/100 Dollars . . . .......... ---. . [ono hum:kcd percenl of the ConLmct Price], and ls crttered into by and between the parties listed below to <insure the payment of claimants und!!r the Construclion Contract listed below, This Bond consists of 1liis pnge and the Bond 1 !im1s uud Conditions, paragraphs I through t4, aHnched to this page. Any singular reference lo VSS International, Inc. ("Contractor"), We?tern Sure._t..._y__C_o.._m_,_p~a~n~y_-------~ {"Sure1t'), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shull be collsidered plural where applicable. CONTlV\CTOH! SURETY~ VSS International, Inc. Western Surety Comeany Name Name 3785 Channel Drive 333 South Wabash Avenue, 41st Floor Address Principal Place of Business We_stSa_cra111ento, CA~~~--~=~~ City/State/Zip Chicago, IL 60604 --··-~-~ City/State/Zip CONSTRUCTION CONTRACT: 2015 PAVEi\'IENT IVlAINTENANCE PHASE 2 PROJECT NUMBER20l5-24 at Cupertino, C!'!lifomia. DATED August 26 15 • h . fS Seven Hundred Fourteen Thousand and OQ{j 00 OuUars n) ; 20 ____ mt e Amount o · . (th~ Penal Simi CONTRACTOR AS PRINCIPAL Compmiy: ( Name au BOND TERMS AND CONDITIONS L Con.tractor nnd Surety, jointly imd severalty, bind themselves, their hcits, executors, administrators, successors and assigns to City and lo Clainmnls, to pay for labor, m!ltctfals Md equipment fumislrnd for use in the pcrfonunnce of the Construction Cont met, which is incorporated herein by ruforcnce. 2. With respect to City, lhfs i'Jbligallon shall be null ;md void ifCon!rnctor: 2. I Promptly makes payment, directly or lndircc!ly, for all sums due Claimants; and 2.2 Dcfond.<i, indcmnillcs und holds harml<Jss City from all clafms, demands, liens or suits by any person or entity who fomish<:<I lnbor, lhfllerials or equipment for use in the performance of the Cons1rnc1ion Conlacl, provided Chy has promptly 1to1Hied Conlraclor and Surety (at tlte address set forth on the signatur-0 page of this l3ond) of any claims, dcmru1ds, liens or suits and tendered defense of such claims, demands, liens or sttl!..'l lo Contractor and Surety, l'lltd provided there is no City Defm1lt. 3. Wl!h respect 10 Cfainrnn!s, thJs obligation shall be null and void if Contractor promptly nrnkes payme111, directly or indirectly through its Subcontrnctors, for all sums <l11<:: Clainitm!S. tr Colllnl.Clor or lts Subc(lntraCt(H'S 1 however, foil 10 pay MY of 1he persons named in Scttion 31 $1 of the California Civil Code, or amounts dt1e mtdcr the Uuemp!oymem fosumnce Code ~\11h ri:sp1!¢! to Work or l<ibor performed uuder 1he Contract, or lbr City of Cupertino 00620 • I Construction Labor and 1'-lafc:rial Pnynwnl Ilond 20l $ Pavement Mn!ntcnnncc Plum: 2 I I I I I I I 4. 5. 6, 7. s. Project No. 2015·24 · any nmounts requited to be deducted, withheld, nnd paid over to tl1e Emplo}rment Development Department from tho wagcs·of employees ofContmctor or Subcontrac.:tot$ pursuant to Section 13020 of the Unemployment ilisutam;e Code, with respect to ~uch Work ll.lUi labor, ~um Surciy shall J?ay for !lie same, aud also, in o;ise :mit is brought upon this Bond, a reasonable attorney's fee, to be fu<ed by the court. Cons!stelll with t!1e California Meehrutlc's Lien L.aw, Civil Code §3082, et seq., Surety shall have no obliga\i(ln to Claimants under thfa Bond unless the Claimant lias satisfied all applicable notice rnquiremcnts. Surety's totnl (lbligalion shall not exce¢<l the arnounl of this Bond, and tlw amount of this Bond shall be cretlited for any pa>1m1mts made in gopd faith by Surely under ihis Bond, Amounts due Contrncior under the Com<lruction Contract shnll bu applied fin;t to salisfy clnirus, if any, unde1 any Construction Perfbnmmcc Bond and ~econd, to salisty obligniions of Co11tn1clor and Surety under this Bond. Chy shall not be !fable for pnymenl of nny costs, e>:1Jtmscs, or i'litomey's fi:cs of 11ny Claimant under this .Bond, and shall have under this Bond no obligations 10 make payments to, give no!iccs rm behalf of, or otherwise have obligations 10 Claimants tmder this Bond. Surety liereby waives notice of any change, inchiding ch11nges of time, to 1hc Construction O;mlrac~ or to related ~ubcontftlcts, purchn.se orders .nnd other obligalimis. Surety fi1rlher hereby stipufates and agrees that no change, extensiou or time, nlleralion or addition to 1he terms or I.he Co11s1nw1ion CoiHrnct, or ((I the Work !O he perfom1cd thereunder, or 1naterfols or equipment to be furnished thereunder or the Spedfications JJj:;(:ompimying the same, sbnll i11 nny way 11ffoct ils obligations un.der this Bond, nncl it does llc.reby wntve nn.Y rc<juiremenl of 11otfoe. or auy such dlll.nge, extei~lon of time, alteration or addition to the lerms of the. Construction Contrai;;t or to tlie Work or to the Speci.ficatlons or nny other changes. 9, Suit against Surety on this Bond may be brouglil by ru1y Clainiimt, or its assigns, at any time after 1he Clalrntnil has furrtished the fast of the labor or ma!erinls, or both, but, per Civil Code §3249, must be comnwnced before the explra1ion of six mo111.l1s nller the period in which 5top notices mny be filed a..: provided in Clvil Code §3184. 10. l 1. 12. 13. All notices to Surety or Contractor shall be mailed or delivered (at the addrcsi.( sci forch 011 the signature page of this. Bond), and all no1ices to City shnl! be malled or delivered as provided in Document 00520 (CorHracO. Actual ruceipl of notice by Sunny, City or Cott tractor, however 11ccomplishe<l 1 shaU be sufficient compliance as ¢ftht;: date received 11t the foregoing addresses: This Bond has bel"!o furnished lo comply with 1110 Ca,ifomia Mechanic's Lien Law including, but not limited to, Civil· Code §§3247, 32481 ct $!J{J. Ar1y pmvision.in tl1is Bond C:onOicting with snid statutory m111ireme111s shall be dt::eincd deleted hcrcfrom artd pi·ovisfons c¢rifotmi11g to sur.h sfotufol)' or other legal requirements shall be r;l1,1e111c<l incorpo(atc:id herein. The intent ls lhnt this Bond $haU be construed as a s1am1ory bond and not ns a common law bond. IJpon request by uny per:ion or ¢ntiiy uppcllfhlg to be a potential bl,':neftoiary of thii> l3ond, Conttacwr slm!l promptly furnish a copy of this Bond or $)mil pcm1!1 a copy to bG. m'!dc. Contrnctor sht1ll PllY to persons performing hibor in 1111d ahoi.1t Work provided for in the Con1nwt Documents an amount equal to or m.ore lhnn lhe general prev1\i1JnJ,?: r~r~ of per dJ.~m W6g-0!J f.br (I} work of n similnr charilctcr in the I,ocal~!y in. which lhe W?r,k is pprfo~m~d ~nd. (2). le,g\ll.h9)iqryy nn4. o~ei;t.ime work in slJid locality. The per dienl WilgeS S)lalJ be an:amo1i11.( ~'quafh;i or llfo~e .than.tfw ~tipµ/afod rnt~s ~Oll~<i!r)ed in.a Sch!idiJJe Iha( nas been ascertained an1 d.ete~:tlned by)he blf~.clor o~.q1¢ pl~te J?epa~n1enl .ot.lnqu~.trhil. ~~wions and City to be the general prev(lllmg rate of per d1J;m wages fo.r each croll or. type ofwqrkman or m~clrn,m.;; .needed to exccuie this Contract. Contractor sliiill also cause n copy or"tliis de!crminatfon ofll1e prc\;aiiiiig r11ie. of per diem wages to be posted at each Site. City o( Cupeninu 2015 Pimmicnt Mninlcnancc Phase 2 rn.1jc-:1No.2015-24 14. Definitions. 14.1 Claimant: An individual or erllily having a direct comract with Contractor or with a Subcontraetor of Contrnctor lo funifsh labor, materials or equipment for use in the perfonnance of the Contrac!, ilS l\1rther defined in Ca!ifomia Civil Code §3181.· The intent of this Bond shall be to include without limitation In the tem1s "labor, materlals or equipment" that part of water, g3s, power, Hght, beat, oil, gasoline, tekphone service or ri!Otal equipment used in the Construction ContrliCI, 1lrehitecmral 1md engineering services required for perfonnancc of the Work of Contractor and Contractor's Sub~(mlrar;tors, and all other items for which a slop notite might be assertGd. The tem1 Claimant shill! also include the Uncmploynwnl Dcvdopmcnt Department as reforrcd lo in Civil Code §l24S(b). 14.2 Constn1clion Contract: The conlract between City nnd Contractor identified on the signilturc pnge of this Bo11d, including all Contract Documents aud changes thereto. 14.3 City Default: Material failure of City, which has neilher bceo remedied nor wnived, to pay !he Contmctor as required by the Cortslnlction Comract, provided tliat failure is the cause of ilJC fililure of Contractor to pay !lie Claimants and is sufficient lo justify tcnnfoa1io1t of the ConS!mctioi1 Contract END OF DOCUMENT City of Cupmino 2015 P:avc111cn1 f>binicnom:c Plms(.12 .. -\ ACKNOWLEDGMENT 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 Yolo on August 26, 2015 before me, John Koch, Notary (insert name and title of the officer) personally appeared Jeff Roberts ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ACKNOWLEDGMENT 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 Sacramento On __ A_UG_2_6_' _20_1_5 ___ before me, Rosalie A. Miszkiel, Notary Public (insert name and title of the officer) personally appeared Thomas R. Hucik who proved to me on the basis of satisfactory evidence to be the person(s} whose name(s-) is/ar-€l subscribed to the within instrument and acknowledged to me that he/-shett-Aey. executed the same in his/heFltAeir authorized capacity{ies-), and that by his/.heF/tAeir-signature(-s~ on the instrument the person(-sj, or the entity upon behalf of which the person{:s-} acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Pnsents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Siomi Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint David Weise, Thomas R Huell<, Lynn E Patton, Rosalie A Miszkiel, Nicki Moon, Individually of Rancho Cordova, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and ex:ecute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a dnly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, arc hereby ratified and confirmed. Tuls Power of Attorney is made and executed pursuant to and by aufuority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation, In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 17th day of June, 2015. State of South Dakota County of Minnehaha WESTERN SURETY COMPANY On this 17th day of June, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say; U1at he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMP ANY described in and which executed the above instrument; that he knows the seal of said CoipOration; that the seal affixed to the said instrument is such corporate seal; U1at it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My coIIllllisslon expires February 12, 2021 S. Eich, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still itt foroe, and fiuther certify that the By-Law of the corpmation p1inted on the reverse hereof is still in force. ht testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 26th day of August 2015 WESTERN SURETY COMPANY Fot:m F4280·7-20!2 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporntion shall be executed in .the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretiuy, any Assistant Secretiuy., or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertaldngs in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undeiiakings, Powers of Attorney or other obligations of the corporation, The signature of any such officer and the corporate seal may be printed by facsimile. BASIC-1 OP ID: JV ACQRDa CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 08/27/2015 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 ~2~i~cT Janet MacDougall Andreini & Company-San Mateo r..tJ8NJo Ext\: 925-242-2619 -1 FAX License 0208825 IAJC Nol: 220 West 20th Ave ~oMD1{~ss: jmacdougall@andreini.com San Mateo, CA 94403 INSURER(S) AFFORDING COVERAGE NAIC# 1NsuRERA: National Union Fire Ins Co PA 19445 INSURED VSS International, Inc. INSURER e : AIG Specialty Insurance Co 26883 3785 Channel Drive West Sacramento, CA 95691 INSURERC: fNSURERD: INSURERE: INSURERF: 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 1~8M5~1 ,~~r~i~\ LIMITS LTR ···~~ un•n POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 ~ DAMAGE TO RENTED A x COMMERCIAL GENERAL LIABILITY x 5610628 03/01/2015 03/01/2016 PREMISES IEa occurrencel $ 100,000 -D CLAIMS-MADE ~ OCCUR MED EXP (Any one person) $ 5,000 - PERSONAL & ADV INJURY $ 2,000,000 -x OCIP Excluded GENERALAGGREGATE $ 4,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGG $ 4,000,000 1 POLICY 1x1 r,~p,:: n LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2,000,000 IEa accident\ $ f-- B x ANY AUTO x 6579252 03/01/2015 03/01/2016 BODILY INJURY (Per person) $ f--ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ f---NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS IPER ACCIDENT\ $ -f--x MCS90 $ Included UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION x IT'6~$IfJNs I 10TH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D CALIF SELF INSURED ##2106 03/01/2015 03/01/2016 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A A (Mandatory In NH) 049342537/ID,NC,TX,UT, WA 03/01/2015 03/01/2016 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below 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) VSSI Job# 15-084. 2015 Pavement Maintenance Phase 2. Project# 2015-24. The City of Cupertino, its officers, officials and employees are named as additional insured as respect to General Liability and Auto Liability per endorsements CG20100413, CG20370413 and CA20480299. General Liability Primary wording endorsement CG20010413 attached. CERTIFICATE HOLDER CANCELLATION CUPCUP2 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 Ave Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE ~Q){'Jl(,c;/Jw9cJ.f I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD i I i ; i I I· ' I ! ( I Proj~ Nu. 2015·14 CUPERTINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to th e insured named below and are inforce·at this time. Insured: VSS International, Inc. Address: 3785 Channel Drive, West Sacramento, CA 95691 Description of operations/locations/products insured (show contract name and/or number, if any): VSSJ Job #15-084-2015 pavement Maintenance Phase 2 Project2015-24. ' WORKER'S COMPENSATION • Statutory Min. Self-Insured * Employerts Liability (name of insurer) $ £ s Insurance Company's State License No. -~ Check Policy Type: Each Occurrence. s 2,000,000 COMPREHENSIVE· GENERAL LIABILITY [ ] Premises/Operations General Aggregate $4,000,000 (if applkable) ( ] Owners & Contractors Protective Aggregare s [ J Contractual for Speoi fie Cont met Personal Injury s ( ] Products Liability ( J XCUHazards [ J Broad F'onnP.D. Fire Damage (any one fire) s 100,000 [ ] SeverabiJity of Interest Clause 5,000 [ ] Personal tnjury with Medical Expense s Employee Exclusion Removed (any one person) ~ .,,r _ . Self..Insured ~0Ml\1ERCIAL GENERAL LIABILITY') Retention $ N/A National Union Fire Insurance Comeanl'. Policy No. 5610628 (name of insurer) Expiration Date 03/01/16 -=~ :: n ---·-~---~-=== ..... == ... City of Cupertino 00530 -4 lnsuJllllec Forms 2015 Pavement Maintenance Phase 2 AUTOMOTIVENEHICLE LIABILITY Commercial Fonn Lfability' Coverage National Union Fire Insurance Company (name of insurer) BODILY INJURY Eaclt Person s-~~----Each Accident Projact No. 2015·24 PROPERTY DAMAGE Each Accident $-~----- S or Combined Single Limit S 2.ooo,ooo ------- Policy No. _a_5_79_2s_2 ____ _ Expiration Date _0_3;_01_1._1a __ _ ============================================================-~~ BUILDER'S RlSK "ALL RISK11 This is to certify that the following policy lms been issued by the below-stated company in conformance with the requirements of the project documents and f s in force at this time. NIA (Name of insurer) Policy No.--------Expiration Date ______ _ Limits of Liability: Deductible: ~-----~-===============-==:<:::::::==================:;=:;;:::;:;::::=:::==================1,,,,,,,. A copy of oU Endorsements to the policy{ies} which in any way (agent's initial} limit the above-listed types of coverage are attached to this Certificate of insurance. -- This Certificate of Insurance is not an insuranc~ policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, tern1 1 or condition of any contract or any other dooument with respect to which this Certificate of Jnsunmce may be issued or may pertain, the insurance afforded by the policies described herein is subject to all 1he tenns, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED 1hat the above poHcy(ies) provide liability insurance as required by tl1c Agreeme1it between the City and the insured. By~tJ/ Dated: S;J(,,~LJ_...._ 20 Altac1C:ifi:Of1lls=e:d Additional Insured Endorsement on company fonns. Cily ofCupmtino 00530 • S Insurance Fonns 2015 Pavement Maintenance Phase 2 POLICY NUMBER: GL 561 ·06-28 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR ·CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following-: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Ornanization(s) Location(s} Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU BECOME PER WRIITEN CONTRACT DR AGREEMENT. OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY WRIITEN CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. -. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at t1e location(s) designated above. However: 1. The insurance afforded to such additional insured only applies .to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury• or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, en the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the · location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engagec in performing operations for a· principal as a part of the same· project. CG 20 10 0413 ©Insurance Services Office, Inc., 2012 Page 1of2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section 111-Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits . of Insurance shown Jn the Declaratrons; whi.chever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 2010 0413 POLICY NUMBER: GL 561-06-28 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Ori:ianization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION YOU BECOME PER WRITIEN CONTRACT OR AGREEMENT. OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY WRITIEN CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to comolete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or · organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement fo provide for such additional insured. 8. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured Is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement: or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1of1 POLICY NUMBER: GL 561-06-28 COMMERCIAL GENERAL LIABILITY CG 20 010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION· This endorsement modifies insurance provic;led under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The follovving is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance . This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in witing in a contract or agreement that this insurance would be primary and would not seek contribu- tion from any other insurance available to the additional insured. CG 20 010413 C> Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: CA 657-92-52 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under _the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 03/01 /2015 Countersigned By: Named Insured: BASIC RESOURCES, INC. , (Authorized Representative) SCHEDULE Name of Person{s} or Organization{s): ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY WRITTEN CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2 (If no entry appears above, information required to complete this endorsement will be shown in the Declara-. tions as applicable to the endorsement.) .Each person or organization shown in the Schedule is an "insured" for Liability Coverag(3, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1998 CA 20 48 02 99 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF SELF-INSURANCE PLANS 11050 Olson Drive, Suite 230 Rancho Cordova,CA. 95670 Phone No. (916) 464-7000 FAX (916}464-7007 Edmund G. Brown Jr., Governor CERTIFICATION OF SELF-INSURANCE OF WORKERS' COMPENSATION TO WHOM IT MAY CONCERN: This certifies that Certificate of Consent to Self-Insure No. 2106-C was issued by the Director of Industrial Relations to: VSS International, Inc. under the provisions of Section 3 700, Labor Code of California with an effective date of August 1, 1988. The certificate is currently in: full force and effective. Dated at Sacramento, California This day the 11th ofFebruary 2015 Jon Wroten, Chief ORIG: Janet Macdougall Account Executive Andreini And Company · 220 West 20th Ave San Mateo Ca 94403 . -- ' NUMBER: 2106 • C STA.TE OF CALIFO~ DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF THE DIRECTOR CERTIFICATE OF CONSENT TO SELF-INSURE THIS IS TO CERTIFY, That VSS International, Inc~ (Name of Subsidiary ) STATE OF INCORPORATION CA , Basic Resources, Inc. (Master CertificateHolder) STATE OF INCORPORATION CA has complied with the requirements of the Director ofindustrial Relations under the provisions of Sections 3700 fo 3705, inclusive,' of the Labor Cade of the State of .California and is herepy granted this Certificate of Consent to Self-Insure, holder of Master Certificate No, 2106. This certificate may be revoked at any time for good cause shown.* EFFECTIVE DATE : August 1, 1988 · ~ Jon Wroten, Chief DEPARTMENT OF INDUSTRIAL RELATIONS OF THE STATE OF CALIFORNIA ~~· Christine Baker, Director •Revocation of Certificate.-~ A certificate of consent to sci f-insure may be revoked by the Director of Industrial Relations at any time for good cause after a hearing. Good cause includes, among other things, the impairment of solvency of such employer, the inability of the employer to fulfill his obligations, or the practice of such employer or his agent in charge of the administration of obligations, under the this division of any of the following: (a) Habituai'ly ~nd as a matter of practice and custom inducing claimants for cqmpensation to accept less than the compensation due or making it necessary for them to resort to proceedings against the employer to secure the compensation due; (b) Discharging his compensation obligations in a dishonest manner; (c) Discharging his compensation obligations in such a manner as to cause injury to tho public or those dealing with him. "(Section 3702 of Labor Code.)Thc Certificate may be revoked for non compliance with Tille 8, California Administrative Code, Group 2 -:-Administration of Self Insurance - September 3, 2015 City of Cupertino 10300 Torre Ave Cupertino, CA 95014 RE: 2015 Pavement Maintenance Phase 2 Project 2015-14 REF: Waiver of Subrogation VSS International, Inc. is licensed by the State of California to be self-insured for Workers Compensation (2106-C). VSS International, Inc. agrees to waive all rights of subrogation against the City of Cupertino, its officers, officials, employees and volunteers for losses paid under the terms of this policy/program which arise from the work performed by VSS International Inc., for the City of Cupertino. Subscribed and sworn to before me this 3.~ day of Se,pkMbd , l:Qls_. Signature of Notary Public VSSI Job No.: 15-084 vss 1nTERnRTIOnRL, inc. P.O. BOX 981330 •WEST SACRAMENTO, CA 95798, USA• PHONE {916) 373-1500 FAX NO. (916) 373-0183 •CONTRACTOR'S LICENSE NO. 293727A PRVEmEnT mr-11nTEnRnCE SPECIALISTS INSURANCE AGREEl\iENT .A. Contractor is.· 8.\\itu:e· of the provisions of Section 3700 of the Lab;<:>r Codel which re<fuires .eyery employer . to be insured. against Habmty . for worker's compensation or . undertake. self., b1s1mmce h1 accordance with the provisions o.f dJat Code, and will comply with such provisions . before commencing tl1e performance oftheworkof this Contract ·· B. Contractor ahd all subcontractors '1ViU ''.fil11' \vorker~s compensation insurance for the protection o.f its employees during lhe progress. of tbe work, The· insurer. shall W;l}ive its· rights of subrogation against the City, the City's officers, agents and employees and· shall issue ru1 · . d · · · .· · ·· t. + t 1 ·. ·P"'l'c 1 ...... ·denc~ ... n. "'"tt"ie en orsemen . ~o Jle · .. v l .y .... d ... · .. ..u6 .,..,,.. . C. Contractor shall carry at au times, on :an operationshereum:ier! ci:mnnercial gerl'eralUahm1y insurance, automobile.Uabilityinsurance andbuilder's all risk insurance. AU insurance coverage shaU 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 a.U operations, sub""Contr.act work, contractuaJ.obligations, product or oompleted.operationsi all owned v~hicles and n-011-pwned vehicles; Said insurance c<werage obtained by tlle Co11tractor, excepting worker's compe,nsation coverage 1 shall name the City, its engineer, and each of its directors, Qfficers, age11ts. 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 · 11ave an '~A'' policylmlder~s ~ating and a financial rating of al least ClassVH in accordance wi.th the current Best~s Guide Rating or that is otherwise acceptable• to the CU:y. · 0. Before Contractor p~rfon:ns any \!r'ork al~ or prepaxes or delivers 1nateria1s to~ the site of . construction, Contractor shall furnish certificates . of insurance evtdencing the· foregoing insurance · coverages and such certific.ates shall provide the name and policy ntunber of each carrier and policy tmrl that the insuran.ce is in fo1·ce and lvill not be· canceled 01· modified. without thirty {30). days \Vritte11 notice to the City, Contractor shall inaintain a:U oft.he foregoing insurnnce covertlges h1 fcm::e untll the work under this Contract fa fully completed. Tlic require1nent for carrying the . foregoing. insurm1ce .shall not derogate from the provisions: for indemnification of the City by Coutractor under this Contract and for the duration gf the warranty period. Nohvithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall roaintainin full forceand effect during thelife.ofthis Contract, the folltx'>ving!nstirance in .amounts not Jess than , the ?.mounts specified and 11av111g a Best~s Guide Rating of A, Class VU or better or tl1at is .otherwise acceptable to the City. City of Cupertino 0\1530 ·~ 2 20.l 5 .Pavement M.ain1erumce Phase 2 LIMITS Worker's Comperum:tiou . & Employersl Liability General Liability ~ commercial general liability; h1duding provisions for c.ontractual liability~ personal injury~ independent contractors and pr-0ducts .~. cornpleted operations. hazard. · Automobile Liability~ comprehensive covering O\vtled} nm1rov;.rned and hired autornobiles. VSS International, Inc. City of C1.3pcrfim:; Ql:J5.'ltl • 3 201 S Pavement Maintenance Phas.e 2 lo accm:dance \vitl1 the Worker's Compensation Act of the State ofCalifomia ~.Worker's comp "statutory" per CA Law; Employers' Liability $1 10001000 per occurrence. Combiued single limit of S2.0 million per occurrence; $4.0 rnilHon in. the aggregate ·c· · bi .· .d · le r 't r·C>·i o · ·ii.· ··· .. ·· om ... ne smg ....... lttu .. o ,;') ..• m1x u:m per nccurr:ence, Jeff Roberts, Chief Operations Officer ACKNOWLEDGMENT 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 1 County of Yoo on September 3, 2015 before me, John Koch, Notary (insert name and title of the officer) personally appeared Je._ff_Ro_b_e_rt_s _____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JOHN KOCH WITNESS my hand and official seal. commission # 2057783 z < Notary Public -California ~ ~ Yolo County ... J. •• , • ,Mi ioz1ru; ;x~r:neg 1J·J~1t~ (Seal) DOCUMENT 00630 .2015 PAVEl\1ENT MAINTENANCE PHASE 2 PROJECT NUMBER 2015-24 CUPERTi:ND; CAIJFORNTA The u1:1de~igncd guarantees all constructino perfi::u:med on this Project :and aiso guarantees all maierial and equipme:;it incorpora1¢d therein•, Ci;mtrnctor hereby grant.;; tci City for u pc.nod tif(im: year follQwirig th~ date of fimll Ac¥eptmtc~\ tir such longer J'erioo ip~e.ified in tl:le Contract DoctnncnL<i, its uncQndltional warranty of me quali!:Y and J~dequacy of .ill oftheWcrrk inch:tding. without limitation, au labor, J:tl&tenaJs am) ~qulprne:nt provided by Contractor and i1s Subcontrnctors of an tiers in cmmection \Vith the Work. Neither final payment nor use nr. occupimcy (}f the \\t 91k :perfonned by the Contractor :shall comtitute an n.cceptance elf. Work. not done .in. accordance with thlsGµ.1ranty ur reli~v~ ;C-0ntracmr of liability ln respect to. any ·express warranties or responsiM.llties f()t faulty· n:1aterfals or workm.anshlp, Ctmtrm::to:r slmll remedy :any defects in lhe \Wtork and p~y for any d!llllage resulting therefrom, whfoh. sl1aU 1!1ppear within one llr longer if specified, fr{.}m lhe date final Acceptance\ It tvidrin ©nt: year after Ute date of f~foai Aeeeptruicet or such longer period of tint1J¢ i!t." mil}' be presi;:riood )?y laws cir :r·egu,lations* or by the Jem:i:i! . Qf. Co.nlt?ct Document$, any. \V {)rk. is found .10 be defeetive, C\iTitt$Gt-Or shall promptly, \Vlth4Jm. cost to City ·and in Ial);eon:lan.::e. with City's wriUen iuslrociions; correct such dcfoctl:ve Work, Contrnctor shall remove any defective Work rejected ~1 Chy and replace i:t 'iV:ith Work that Is not defecdve, mid satisfactorily eo:rrect or mmi>ve and r~pla1:e any dama!;e to t;tther Work or tbe WQrk of others resulting therefi:om. lt Corura<ltor fails to promptly comply tt~th the terms of ~l:tch imdrnctforuii or in nn ·emergeocy where delay wo:uk1 c!luse seri9us risk of ioss or d1umge, City m~y have the defective Work .corre<:tw 'Orthe reJected Work re111-0\:ed and replaced, Contractor s.ball pay (or uU cfo.ims, costs.· looses and damages caused by or resrdting from lrueh removal and re;pfa:cement .. '\Vhere .Contrm::tor fails tCI ctirrectdefective \York, or defects are discovered ou!llide the, e-0rrool'.lon period, City s:baUJmv.e ii.II tights u.nd temedkts; gtanted by law. Inspection of the Work shall not relieve Contractor of u:ny tl'r its <:ibHgaKions under the Contrac! Docw:ne:ots. Even though equipment. mam::rials, or W et:r~ req1;1ired to be 1)ruvided undt:t the Contract DtKt.uments have been inspected, acc.epted, imd c$1imati;d for payi:nent. C(lntractor sball. :at its o'Wtl ~Jtpoose, repl:ace or ttpair ,fX!}jr such equipment, mater.lat, -Or Work fotmrl to be defecthre or ~~s.e no~ li:l cm:rrply with Uie te\juirements of th~ Contract Docum.ents up liO tfl1;l end. of the ~i.:um1ntyperioo. A.11 ahhreviatfrms and dt:dfaiilons of terms used in this A~:reernent shall have the: mem:iings set forth in tne Contract Doeunientsi iooludii1~. without means of llmitatkm., Sectkm 00700. (General t::irmdldons). The foregoing Utlttrli:tlfy is Jn addltiOt.l lO any other WaI'.l'allties or Contracl(ll' oontod in the Contract Doc:umen!:S, and not b:l lieu of. any and aU other l:lablli1y Imposed <:m C<xi1!:n1c1<Jrwrfor I.hie Ci:mti:act Dncumenls and at !:a\v With respecHO. Cilntnictnr's duties, t1hligatiC!E1S, mid pe;rfortl:lance !!nder the Ccintmct Dottt1f1t:J1ts. ln Jhe etvool Gl:I' any conflict or inconsi~tency bi:ltwoon d:w ll'lmJS ohbis Gua:rn11ty ru:id any warranty Qr \lbiigation ohhe C1'ntractor uudertlle Crmtr.aJ;t Doc1u:oollts ot at law, iueh incomistency or 001imct ~ll be n~molved in favor h!,dler level of obligation of the -.c°'·.·ntrac:_. . .~. , . =· ·-· Jeff Roberts, Chief Operations Officer . . C:m:itrru:lor':sNa~~~=ij- __ :;;,,z.;5:_~~;;,·iM,ce, VSS lntematlonal, Inc. Address / I t.hsl-. C.kt:a1m~tt~ l°/1 ~~lfiZ/l I 9 JLLL City!Statet~ip DaJe 1 7 E.h'D Of DOCUMENT City 0ifC11pertim:> 20tS P.rwi::mc'rtf Mairitcnan;;;e Phase 1 ACKNOWLEDGMENT 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 Yolo on September 3, 2015 before me, John Koch, Notary (insert name and title of the officer) peffional~appeared~J_e_ff~Ro_b_e_rt_s~~~~~~~~~~~~~~~~~~~~~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature </7 ~ r e t t e e •••• JOH~ KOC; •• t ·1 Commission # 2057783 ~ Notary Public • California ~ z · Yolo County ~ t • ~ • • ,Ml ~oTru· ;x~rzs 1eg l3..2a1 d (Seal) CITY OF CUPERTINO CUPERTINO FINANCE ~EPARTMENT • CUPERTINO, CALIFORNIA \ BUSINESS LICENSE TAX CERTIFICATE SUED IN ACCORDANCE WITH CHAPTER 5.04 OF THE CUPERTINO MUNICIPAL CODE. THE BUSINESS LICENSE TAX DOES NOT SANCTIO NY BUSINESS ACTIVITY OR USE OF PREMISES WHICH ARE IN VIOLATION OF FEDERAL, STATE OR LOCAL LAWS. THIS LICENS ISSUED WITHOUT VERIFICATION THAT THF: I ICENSEE IS SUBJECT TO OR EXEMPT FROM LICENSING BY THE STATE OF CALIFORNI .. ·--~ ... -,~,. 36457 JEFFREY REED tWNERSHIP 06/30/2016 VSS INTERNATIONAL INC OING BUSINESS AS EXPIRATION DATE P 0 BOX 981330 WEST SACRAMENTO CA 95798 ~IS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE ON THE PREMISES OR VEHICLE. DIRECTOR OF ADMINISTRATIVE SERVICES ) ., ;.• ~ .I 1. Ii. State Of California "'r'\i~::.: .. ,CONTRACTORS STATE LICENSE BOARD Consumer ACTIVE LICENSE Affinr.~ i L>o•M•Numb" 293727 EoOty CQRP Bu""'""'m' VSS INTERNATIONAL INC C•••'""""') A B c 12 E"""'°"°'" 03/31/2017 www.cslb.ca.gov PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CUPERTINO Subject CITY COUNCIL STAFF REPORT Meeting: June 16, 2015 2015 Pavement Maintenance Project -Phase 2, Project No. 2015-24 Recommended Action Authorize the City Manager to award a contract to VSS International, Inc., in the amount of $714,000 and approve a construction contingency of $71,400, for a total of $785,400. Discussion On June 2, 2015, the City received two bids for the 2015 Pavement Maintenance Project -Phase 2 This project provides for various preventative maintenance asphalt treatments on over 40 streets throughout the City. The majority of these streets are in residential areas on streets that are in fafr condition. The timely application of a preventative treatment, such as a slurry seal, will improve the pavement condition before it worsens and necessitates a much more expensive pavement treatment. The following is a summary of bids deemed complete: Bidder Bid Amount ------------- _§ngineers Estimate $800,000 VSS International $714,000 Intermountain Slurry Seal $848,484 The engineers estimate for this project was based upon the competitively bid unit costs of a similar project completed in 2014. The favorable bids received this year are likely a result of this project being out to bid early in the construction season and the available budget. Council approved a midyear increase to the FY14/15 operating budget allovving staff to get this project advertised early relative to many nearby cities. Sustainability Impact No sustainability impact. Fiscal Impact Award of the project will result in a fiscal impact of up to $785,400. Sufficient funds have been budgeted and are available from account #270-85-821 900-92] (Pavement Maintenance). Prepared by: Roger Lee, Assistant Director of Public Works Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A -List of Streets to Receive Pavement Maintenance Treatment B -Draft Contract