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15-184 Marina Landscape, Inc., Project Number 2015-11, Senior Center-Mary Ave Landscape and IrrigationRECORDING REQUESTE D BY City of Cupertino WHEN RECORDED M A IL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27283 DOCUMENT: 23275448 111111 1 11 I 1'111111 11111. 1111 RE GiNA ALCOM ENDRA S SANTA CLARA CO UNTY RECO RD ER Re co rded at t he r equest o f Benef ici ar y Fees. Taxes . Copies AM T PAID Pages: 4 5 .00 5 .00 RDE fl 007 4/!3 /2016 10 :4 1 AM (SP ACE A BOV E THIS LINE FOR RE C ORDER'S US E) NOTICE OF COMPLETION AND NOTICE OF ACCEPTANCE CITY PROJECT NAME: SENIOR CENTER -MARY A VENUE LANDSCAPING (City Project Number 2015-11) ft ( Original D For Fast Endorsement "NO FEE" City of Cupertino NOTICE OF COMPLETION AND NOTICE OF ACCEPTANCE 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 and Notice of Acceptance dated April 12, 2016 for CITY PROJECT NAME: SENIOR CENTER -MARY A VENUE LANDSCAPING (City Project Number 2015-11) and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on November 19, 2015 and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: April 13, 2016 /) By: c1fil ,~ ~t 9..-==·- Lauren Sapudar Senior Office A s sistant 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 na ture of owner's interest in the project is : __X_ Fee Ownership Lessee Other: __________ _ 5. Construction work on the project performed on the owner's behalf is generally described as follows : City Project Name : Senior Center-Mary Avenue Landscaping (City Project No .: 2015-11) Work included site demolition , tree removal, grading, drainage, new landscape, mulch, irrigation, and other miscellaneous work . 6. The name of the original contractor for the project is : Marina Landscape, Inc. 7. The project was completed on : March 18 , 2016 . 8. The project is located at: 21251 Stevens Creek Boulevard , Cupertino , CA 95014. Ve rification : 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 u nderstand the contents of this :::i~~,2~::::~~::1 :a:t1::~a~::~~;his notice are ~-tr~u~e::a~n .... d~c:.::o~r:;;:re::st=. =:::::::::::= ____ _ Date and Place ~~ Timm Borden Director of Public Works and City Engineer CUPERTINO CITY OF CUPERTINO CITY HALL 10300 TORRE AVENUE -CUPERTINO , CA 95014-3266 (408) 777-3354 -FAX (408) 777-3333 NOTICE OF ACCEPTANCE PROJECT NAME: Senior Center-Mary Avenue Landscaping Project Number 2015 -11 Owner: Site Location: City of Cupertino 10300 Torre A venue Cupertino, CA 95014 21251 Stevens Creek Boulevard Cupertino, CA 95014 Direct Contractor: Marina Landscape, Inc . 1900 S, Lewis Street Anaheim, CA 92805 Work Description: Site demolition, tree removal, grading, drainage, new landscape, mulch, irrigation, and other miscellaneous work. Contract Date: October 16, 2015 Date of Project Acceptance: March 18, 2016 NOITCE IS HEREBY GIVEN THAT I, Timm Borden, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the improvements performed at the referenced site and as described above and in the referenced contract, which was entered into, by, and between the City of Cupertino and the Direct Contractor on the date noted above, in accordance with the plans and specifications for said work, have been completed to the City's satisfaction, subject to exceptions, and accepted as noted above. Ta!? Director of Public Works and City Engineer Notice of Acceptance Senior Cen ter-Mary Ave Landscaping April 11, 2016 Date Project No . 2015 -11 DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS SENIOR CENTER-MARY AVENUE LANDSCAPE AND IRRIGATION PROJECT PROJECT NUMBER 2015-11 THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and entered into this 15th day of March, 2016 , by and between the City of Cupertino ("City"), and Marina Landscape, Inc . ("Contractor"), whose place of business is located at 900 South Lewis Street Anaheim, CA 92805 . RECITALS A . City and Contractor ent ~red into Contract Number 2016-339 (the "Contract"). B . The Work under the Contract has been completed. Now, therefore, it is mutually agreed between City and Contractor as follows : AGREEMENT I . Contractor will not be assessed liquidated damages except as detailed below: Original Contract Sum $ 98,500 .00 Modified Contract Sum $106,409.88 Payment to D ate $102,404.39 Liquidated Damages $-0- Payment Due Contractor $5,320.49 2 . Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of five thousand three hundred twenty Dollars and forty nine Cents ($5,320.49) under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with City as of the date of such payment. 3 . Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against City arising from the Contract, except for the claims described in paragraph 4 of this Document 00650. It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full , final and general release of all claims, demands, actions , causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against City, and all if its agents, employees, consultants (including without limitation Consulting Cupertino), inspectors , representatives, assignees and transferees except for the Disputed Claims set forth in paragraph 4 of this Document 00650. Nothing in this Agreement and Release shall limit or modify Contractor's continuing obligations described in paragraph 6 of this Document 00650. City of Cupertino Senior Center-Mary Avenu e Land scape and Irrigation 00650 -I Agreement and Rele ase o f Any and All Claim s Project No. 2015-11 4 . The following claims are disputed (here inafter, the "Disputed Claims") and are specifically excluded from the operation of this Agreement and Release : Claim No . Date Submitted Description of Claim Amount of Claim None 5. Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that , in consideration of the payment set forth in paragraph 2 of this Document 00650, Contractor hereby releases and forever discharges City , and all of its agents , employees, consultants, inspectors , assignees and transferees from any and all liability, claims, demands , actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract 6 . Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Documents. 7 . Contractor shall immed iately defend , indemnify and hold harmless the City of Cuperti no, Santa Clara County, its Architect , any of their Representatives , and all of their agents, employees, consultants, inspectors, assignees and transferees , from any and all claims, demands , actions , causes of action, obligations, costs, expenses, damages , losses and liabilities that may be asserted against them by any of Contractor 's suppliers and/or Subcontractors of any tier and /or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims set forth in paragraph 4 of this Document 00650. 8 . Contractor hereby waives the provisions of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor. 9 . The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable . I 0 . Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release. 11 . All rights of City shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release. C ity of Cupertino Senior Center-Mary Avenue Land sc ap e and Irrigation 00650 - 2 Agreement and Release of Any and All Cl aims Proj ect No . 2015-11 * * * CAUTION: THIS IS A RELEASE -READ BEFORE EXECUTING * * * THE CITY OF CUPERTINO, a Mun icipal Corporation of the State of California B ~~---., Its: P ' ~k ~· iu \;, L= v J..._,k Y ATTEST: ~ pr City Clerk !CONTRACTOR] By: _____________ _ Name: ______________ _ Its : _______________ _ RE!JiiW? ~ity Attorney -------------' 2016 END OF DOCUMENT City of Cupertino Senior Center-Mary A venue Landscape and Irrigation 00650 - 3 Agreement and Release of Any and All Claims CITY OF g CUPERTINO DATE: 1/14/2016 Contractor: Marina Landscape, Inc. 5779 Preston Avenue Livermore, CA 94551 SENIOR CENTER-MARY A VENUE LANDSCAPE AND IRRIGATION PROJECT PROJECT NO. 2015-11 CONTRACT CHANGE ORDER NO. 01 The follovving changes are hereby approved, notvvithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim fur any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject ofthls Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. Change City Field Description $7,909.88 No. Authorization No. Per meeting discussion on 12/2/15, remove and replace 1 gate valve with I ball valve at no cost to the City. Extend contract completion 0.00 date by 7 calendar claw 01 Per field meeting discussion on 12/9/15, provide irrigation to planter in front entrance, reconnect rosemary irrigation and install drip tubing to rosemary at no cost to the City. Extend contract $0.00 completion date by 3 calendar days. FAOOl Extend fabric and recycled cobble to cover exposed soil adjacent to $1,197.85 driveway on Stevens Creek Blvd. FA002 Cut, remove and dispose of existing tree. $1,483.85 FA003 Provide and install 2 pressure regulators at 2 valves. $709.07 Replace MP rotors with 1 GPM drip emitters at 2 per shrub on valves FA004 #2 and #4. Turn over already installed MP rotors to City as $4,519.11 described in COR 00004. Change Order 01 Pagel SENIOR CENTER -MARY AVENUE LANDSCAPE AND IRRIGATION PROJECT PROJECT NO. 2015-11 CONTRACT CHANGE ORDER NO. 01 Total Change Order No. 01 Total Project: Original Contract Change Order No. 1 $98,500.00 $7,909.88 $ 7,909.88 $7,909.88 Revised Contract $106,409.88 Total Change Orders $7,909.88 Schedule Impact: 10 calendar days Substantial Completion Date: December 14, 2016 Project Final Completion: March 14, 2016 REVIEWED BY: Cityof~no 62-Bruce Biordi Project Manager Date: _3/.tjLt?-- ~ Gilbane Building Company Glenn Rock Senior Project Manager Page2 APPROVED BY: Date: 'A... ~l~ ~ 7 Change Order 01 MARI!!" TRANSMITTAL No. 00007 5779 Preston Avenue Livermore, CA 94551 Phone: (925) 243-0288 Fax: (925) 243-0988 PROJECT: CUPERTINO SENIOR CENTER TO: ATTN: Gilbane Building Company 1798 Technology Drive Suite 120 San Jose, CA 95110 Phone: (408) 660-4416 Fax: (408)660-4402 Dana Johnson WF. ARE ~FNhJNG: SUBMITTED FOR· D ShoD Drawinl!s 0 Annroval D Letter ~ YourUse D Prints D As Requested D Change Order D Review and Comment D Plans D Samnles SENT VIA• 0 Specifications D Attached D Other. D Separate Cover Via: DATE: 12/23/2015 RE: Executed CCO's JOB#: 315018 ACTION TAKEN: D Anoroved as Submitted D Approved as Noted D Returned After Loan D Resubmit D Submit D Returned D Returned fur Corrections D DueDate: ITEM NO. COPIES DATE ITEM NUMBER REV.NO. DESCRIPTION 01 02 03 01 01 01 12/23/201! 12/23/201~ 12/23/201! Remarks: Attached for your use are Execute Change Orders l, 2, and 4. CC: Expedition ® Executed CCO #1 Executed CCO #2 Executed CCO #4 STATUS OPN OPN OPN CITY OF II CUPERTINO CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS FIELD AUTHORIZATION Project Name: Senior Center-Mary Avenue Landscape and Irrigation Project Location: 21251 Stevens Creek Blvd. Contractor: Marina Landscape. Inc. Address: 5779 Preston Avenue Livermore, CA 94551 Description of Work: Date: 12/3/2015 F. A. No: 001 Project No: 2015-11 File No: 92,008.21 P.O. No: ____ _ Driveway on Stevens Creek Blvd is narrower than indicated on plans. Extend fabric and recycled cobble area to cover exposed soil. Method of Payment: ( x ) Lump Sum not to exceed $ l, 197 .85 ( ) Time and Materials ( ) Time and Materials not to exceed$ _____ _ ( ) Quantity Adjustment Contract time will be increased by 0 days. Adjustments, if any, will be included in a Change Order after completion of the Work described above. Applicable Specifications: CALTRANS ( ) City Standards ( x ) Oilier~~~--~~-~- Reviewed by: Approved by: Glenn Rock, Project Manager Gonsal~ Manager Reviewed by: Approved by: Bruce Biordi, Project Manager Timm Borden, Director of Public Works Marina Landscape, Inc. 5779 Preston Avenue Livennore, CA 94551 TITLE: Additonal Rock @ Driveway Phone; (925) 243-0288 Fu: (925) 243-0988 CHANGE ORDER REQUEST No.00001 PROJECT: CUPERTINO SENIOR CENTER DATE: 12/2/2015 JOB: 315018 CONTRACT NO: TO: BE: Attn: Glenn Rock Gilbane Building Company 1798 Technology Drive Suite 120 San Jose, CA 95 H 0 Phone:(408)660-4416 Fax:(408)660-4402 To: From: DESCRIPTION OF PROPOSAL I Nmnber: This change order is for additional cobble at the drive way where not shown. Proposal includes excavation, fabric, and cobble {from sire). Item 00001 Description Additional Rook T!me Extension. .................. .1 Days Glenn Rock Date: Quantity Units 1.000 Unit Price $1,197.8.S Tax Rate Tax Amount Net Amount 0.00% S0.00 Sl,197.85 Unit Cost: $1,197.85 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tu: $0.00 ------- Total: $1,197.85 EXTRA WORK CALCULATION SHEET MARINA LANDSCAPE , INC. 5779 PRESTON AVE. LIVERMORE, CA 94551 (925) 243-0288 BILL TO: CITY OF CUPERTINO PROJECT: SENIOR CENTER DATE: 12/02115 JOB NO.: 315018 CONTRACT#: DESCRIPTION: THIS PROPOSAL IS FOR INSTALLATION OF ADDITIONAL ROCK (SPREADING) FROM ON-SITE TO THE CONCRETE AREA@ DRIVE WAY ENTRANCE. QTY DESCRIPTION HOURS HOURLY RATE EXTENDED AMOUNTS ----·---___ , ____ _ -LABOR*** 2 LABOR 8 56.63 906.08 --------------------------GRAND TOTAL COST LABOR 906.08 -----··---............ -~---------------------------------------... --~----··--~------- -MATERIAL*** 1 SEEATTACHED 125.21 125.21 =========== TOTAL COST MATERIALS 125.21 ============= ==~==================:;;;================ =========================== TOTAL LABOR 15.0% LABOR MARK UP TOTAL MATERIALS 15.0% MARK-UP MATERIALS SUBTOTAL 1.0% BOND GRAND TOTAL 908.08 135.91 125.21 18.78 1.185.99 11.86 ============= 1,197.85 EXTRA WORK CALCULATION SHEET MARINA LANDSCAPE I INC. 5779 PRESTON AVE. LIVERMORE, CA 94551 (925) 243-0288 BILL TO: CITY OF CUPERTINO PROJECT: SENIOR CENTER DATE: 12/02115 JOB NO.: 315018 CONTRACT#: DESCRIPTION: THIS PROPOSAL JS FOR INSTALLATION OF ADDITIONAL ROCK (SPREADING} FROIV ON-Sill: TO THE CONCRETE AREA@ DRIVE WAY ENTRANCE. -------------------------·-------- QTY DESCRIPTION UNIT COST EXTENDED ·AMOUNTS --------·--------·-----·;i,,i----.. -· ----------- "'*"" MATERIAL *"'* 300 FABRIC SF 1 TAX 1 MATERIAL HANDLING @ 10% TOTAL COST MATERIALS 10.00% 0.35 9.71 10.50 105.00 9.71 10.50 ----------------.a.oi---------125.21 CITY OF II CUPERTINO CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS FIELD AUTHORIZATION Project Name: Senior Center-Mary Avenue Landscape and Irrigation Project Location: 21251 Stevens Creek Blvd. Contractor: Marina Landscape, Inc. Address: 5779 Preston Avenue Livermore CA 94551 Description of Work: Date: 12/8/2015 F. A. No: 002 Project No: 2015-11 File No: 92,008.21 P.O. No: ----- Remove existing ash adjacent to trash enclosure to reduce maintenance impacts from surface roots on existing sidewalk. Method of Payment: ( ) Lump Sum _____ _ ( ) Time and Materials ( x ) Time and Materials not to exceed $~3=3~8~9=.9~6 _____ _ ( ) Quantity Adjustment Contract time will be increased by 0 days. Adjustments, if any, will be included in a Change Order after completion of the Work described above. Applicable Specifications: CALTRANS ( ) City Standards ( x ) Other __________ _ Reviewed by: Approved by: Glenn Rock, Project Manager Gonsalo Jaime, Project Manager Reviewed by: Approved by: Bruce Biordi, Project Manager Timm Borden, Director of Public Works Marina Landscape, Inc. 5779 Preston Avenue Livermore, CA 94551 TITLE: Tree Removal PROJECT: CUPERTINO SENIOR CENTER TO: Attn: Glellll Rock Gilbane Building Company 1798 Technology Drive Suite 120 San Jose, CA 95110 Phone: (925) 243-0288 Fax: (925) 243-0988 Phone: (408) 660-4416 Fax: (408) 660-4402 RE: To: From: DESCRIPTION OF PROPOSAL CHANGE ORDER REQUEST No. 00003 DATE: 12/2/2015 JOB: 315018 CONTRACT NO: Number: 1 This proposal is for tree removal as identified in weekly meeting 12/0212015. This work includes removal, dumping fees, and chipping. Surface roots will be removed where visible and trunk to below grade. Any damage caused by this removal is not included and not covered. Item Description Stock# 00001 Tree Removal Time Extension .................... O Days Glenn Rock Date: !lxpeditlon® Quantity Units 1.000 Unit Price Tax Rate Tax Amount Net Amount $3,389.56 0.00% $0.00 $3,389.56 Unit Cost: $3,389.56 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 ------- Total: $3,389.56 aloJaime Date: MARINA LANDSCAPE , INC. 5779 PRESTON AVE. LIVERMORE, CA 94551 (925) 243-0288 EXTRA WORK CALCULATION SHEET BILL TO: CITY OF CUPERTINO PROJECT: SENIOR CENTER DATE: 12/02/15 JOB NO.: 315018 CONTRACT#: DESCRIPTION: THIS PROPOSAL IS FOR TREE DEMO AS WAS IDENTIFIED ON-SITE DURING THE WEEKLY MEETING ON 12/02/2015. PROPOSAL INCLUDES TREE REMOVAL, OFF-HAUL OF MATERIAL AND SURFACE ROOTS ONLY. TRUNK WILL BE REMOVED TO BELOW SURFACE. THIS PROPOSAL EXCLUDES ANY DAMAGE CAUSED BY REMOVAL OF THIS TREE. ------------------------------------- QTY DESCRIPTION *** LABOR *** 1 FOREMAN 1 OPERATOR 2 LABOR GRAND TOTAL COST LABOR *** EQUIPMENT *** 1 SEE ATTACHED TOTAL COST EQUIPMENT **"' MATERIAL*** 1 SEE ATTACHED TOTAL COST MATERIALS HOURS 8 6 8 1 HOURLY RATE 63.27 65.02 56.63 810.00 305.90 EXTENDED AMOUNTS 506.16 390.12 906.08 ================== 1,802.36 810.00 ================== 810.00 305.90 ================== 305.90 ============= ========================================= =============================== TOTAL LABOR 15.0% LABOR MARK UP TOTAL EQUIPMENT 15.0% MARK-UP EQUIPMENT TOTAL MATERIALS 15.0% MARK-UP MATERIALS SUBTOTAL 1.0% BOND GRAND TOTAL 1,802.36 270.35 810.00 121.50 305.90 45.89 3,356.00 33.56 ================== 3,389.56 EXTRA WORK CALCULATION SHEET MARINA LANDSCAPE, INC. 5779 PRESTON AVE. LIVERMORE, CA 94551 (925) 243-0288 BILL TO: CITY OF CUPERTINO PROJECT: SENIOR CENTER DATE: 12/02/15 JOB NO.: 315018 CONTRACT#: DESCRIPTION: THIS PROPOSAL IS FOR TREE DEMO AS WAS IDENTIFIED ON-SITE DURING THE WEEKLY MEETING ON 1210212015. PROPOSAL INCLUDES TREE REMOVAL, OFF-HAUL OF MATERIAL AND SURFACE ROOTS ONLY. TRUNK WILL BE REMOVED TO BELOW SURFACE. THIS PROPOSAL EXCLUDES ANY DAMAGE CAUSED BY REMOVAL OF THIS TREE. QTY DESCRIPTION ***EQUIPMENT'*** 1 FOREMAN TRUCK 1 DUMPTRUCK 1 CHIPPER TOTAL COST EQUIPMENT HOURS 8 6 6 HOURLY RATE 30.00 65.00 30.00 EXTENDED AMOUNTS 240.00 390.00 180.00 =================== 810.00 EXTRA WORK CALCULATION SHEET MARINA LANDSCAPE , INC. 5779 PRESTON AVE. LIVERMORE, CA 94551 (925) 243-0288 BILL TO: CITY OF CUPERTINO PROJECT: SENIOR CENTER DATE: 12/02/15 JOB NO.: 315018 CONTRACT#: DESCRIPTION: THIS PROPOSAL IS FOR TREE DEMO AS WAS IDENTIFIED ON-SITE DURING THE WEEKL i MEETING ON 12/02/2015. PROPOSAL INCLUDES TREE REMOVAL, OFF·HAUL OF MATERU AND SURFACE ROOTS ONLY. TRUNK WILL BE REMOVED TO BELOW SURFACE. THIS PROPOSAL EXCLUDES ANY DAMAGE CAUSED BY REMOVAL OF THIS TREE. ----------------------------------------------------------------------------------·-- QTY DESCRIPTION *** MATERIAL *** 1 DUMP FEES LS 1 TAX TOTAL COST MATERIALS UNIT COST 280.00 25.90 EXTENDED AMOUNTS 280.00 25.90 ------------------------------------ 305.90 Marina Landscape, Inc. 5779 Preston Avenue Livermore, CA 94551 TITLE: WorkOnT&M PROJECT: CUPERTINO SENIOR CENTER TO: Attn: Glenn Rock Gilbane Building Company 1798 Technology Drive Suite 120 San Jose, CA 95110 Phone: (925) 243-0288 Fax: (925) 243-0988 Phone: (408) 660-4416 Fax: (408) 660-4402 RE: To: From: DESCRIPTION OF PROPOSAL This change order is for the cut, removal, and discarding of one tree. CHANGE ORDER REQUEST No. 00005 DATE: 12/23/2015 JOB: 315018 CONTRACT NO: Number: Item Description Stock# Quantity Units 1.000 LS Unit Price Tax Rate Tax Amount Net Amount 00001 EWT-56339 $1,483.85 0.00% $0.00 $1,483.85 Unit Cost: $1,483.85 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 Total: $1,483.85 Time Extension .................... O Days Glenn Rock onsalo Jaime Date: llxpodilion® DAILY EXTRA WORK REPORT ~ City Of Cupertino . ] Chatlge Order 001 contractor Job: 315018 -Senior Center Mary Avenue i Biiling Number 1.0 work Petformed By: Marina Landscape, Inc. Ttcket No. 56339 0 Signed l Report Date 12122/2015 Description of Work: Cut Down One Tree Removed Stump And Off Haul Debrlli. l Perform Date 12/10/2015 i::"":".==.:"":::':" _ .... _ """ .... ·-· •• • --:.~:::...7"..=:-.~-=~-:=-----=----=:-=~-==·'":":"'.:=--=:.=-.::::::-....:::==:=.-=::..:..:....:-.. ==:~...:~::::=-:":'.:_-.i."':':'.::.~---=:=.=---::::;::~';'-...::--=:., Labor Charges j LaborCharges ,_._!L~.!!?-·----~.!:'l.!!'!l.!-... _____ . _____ .. ___ . __ fill:!!s__91"_!!!.L~Unlb, RTFlale OTRate. $l.lllsRale --~~~.J RTLabor 667.54 u11 FTR FTA F Foreman 4.00 60.840 .243.36 i ----·-------· .. --···---·-·· ..... --·-·-----------··-------· --·---·----------------·---·"• ":-! L02 LBR LBR L Laborer, Joumeryman 4.00 . 60.840 . 243.36 ; OT Labor 0.00 ---------... -----------··-· ·-· ·-·--··-.. -----·--·---------·--····"··--------·-···---------------~ l.03 OE OE 0 Operator Journeyman 1.00 70.820 · 70.82 I ----.. ·--------.··----· ---·--· ····--------·----. ··--·-------.. _ .... _.__ ····---·---... ·-·-·1 -~-OE GO~-=-~ ~~~=~=:·:==~~-===:.:,_.,.. 2.~_o -·-==--:-::-::---=-=.:..:.:.-:-.!:'!':.--55.000_--::::::::..-=-:-:-:---==--=-::-:.=1~~:~~-·J sut®tal Labor 667.54 Equipment Charges ! Svbsistence 0.00 --~~~--Oescl'ie!_~E_ .. __ .. ----·-._.. AT His OT Hes ___ RT Rate OT Rate Delay Factor __ _E-~~~ O!het Expenses 0.00 eo1 793.29 Truck T&TT 12-20 F250 6.00 30.000 180.00 1 -.. ·--·--· ----· .. --.. -------·--·-·--·----------·-· .. -----------· .. .--··-·· ----·---.. ·---· ........... , MU 15.00% 100.12 S02 516.3 Trailer 2 Axle e.oo 20.000 120.00 ; -e03·-.. ··--·--·--. ··-··--··---------.. ·-·---.. -.... ------.. ·-···-------------.. ··-·-· .... -·~ LabotTotar 767.66 649.7 Minf Excavator 1.00 55.000 55.00 ;-.. -·---.......................... _ .. eD4 5o7.3-----·-·-·ctlain saw __ .. ___ .. _________________ .. -----4.oo--·-·---· ... _ .. _ --15:000--· .. _ .. ___ ...... __ 60.oo"1 Equipment charges · M~b!-;:;8iispeci;u$i workl..:U;;s~m'or Unit Price PaYment ---·· •· ·-·· ---.... ·--· --'=-1 Subtotal 415.oo Number Date VenclorNameatld,,_.,,_Oll Units UnitPrice Extended ; MU lS.00% 62.25 ·---·-·------·------.. --------··-"'-'"= ·-"-·-·--·-·-·--·-· ···--_____ .. .. .. -. ..... 7725 Mal Vision Recycling I Dump Fees 1.000 EA 195-00000 195.00 i Equipment Total 4 • .. _-. ., .. ,_______ -----·-... --· -----·-----~ ---~···t ·---.-·--··--·-......... . ITTS Unlversal!Speclal Biil Ferm I Material Charges ! Sulllotal 195.00 i MU 15.00% ~ l Malerlal Total 224.25 f.-...•• ---·-·-.·------·-·--·-~ ..... SUbcontract Charges ' I i ' l ' ~ ------.. --i .... , ! Aclillily Total ; 1,469.16 : .. . .... ---·· --... --.. ·-· .. ···~-· Bill Surcharge i Bonding ! 1.00% 14.69 \ BiU Subtotal 1,483.65 ' r---------.. ---··--· ·--, f ! Marina Land~~~~-inc. ·-·-=-=;,_·=-=r~led:=--:::======·.,...=~-====--=--==~-="'T~~ ;;-~------=-1,483:85- 1soo s. Lewis Slrset, Anaheim, CA 92805 i ~ aa1e: l Phone: 714.704.0446 Fax: 714.704.0425 ~--· .... --· ---_ .. ·-· ·· -........ ·--... · ·----· · ..... · · · .. t" · .. --.. ·----· · · · ! Contractor: Date: l Page _1 _ ! I www.ewbi/fs.com 56339 Daily Extra ·Work Report Bllled to: Job No. /Contract::3'156 l B Cost Code# • • 92oJ. Location: Cd ~e riA/C..> SCAllOr <!$'.y-rt;:f,, Date Performed:L2-ll).,#J5Date of Report:1.2..d5-:/S Description of Work: .C t.i T •iUH .. \ltJ ON~. :ret'er A:.GN10VE'A S li)Mp JOMD o-r=:F: HE1.cl '-' .P Ea g.,(£. 01Y. DESCRIPTION HOURS HOURLY EXTENDED RAH AMOUNTS § J IA p,r...e>.Gc:> ~ L 1, A1\PC. t:".t\1'" .... ~ t f'\ I\ ,,,..._ P' 1"':...-r;... -. -t I I ..r. "\ 11> ' f"""\ t? ,•\I -;;;: ·-. ., '· '1'"':. -:\ -"' "7 • ~ . -. ·-f ""--~ ·---- TOTAL COST OF LABOR EQUIPMENT NO. -S--d, Ir Y ~ "'f .tr:?'J ~ (\:\aAn -J' I?" II\ •"I ~ t:> ~ i ..... ,·11 l1 .. -r:_..:,,,.; .,, • l t11-r;:. ... 1P 1 i fl .is~ I All t!°..&:4 .. t,,:I. I MATERIALS . f)j II<! .fl 1\ IA r\ ..---·-<:: QUANTITY AMOUNT I -.. COMMENTS AREA TOTAL COST OF EQUIPMENT ANn MATERIAL~ IB ~ /. ~0% on Labor Coot · (A) The above reco~ ~e!61 and correct . I ,/ r;:fC.J. +15% on Equipmen! & Materials Cost (B} . ~,,,,,..,,~ - + 10% on Labor, EqU!pment & Materials Cost -17 -rc7ctGpresentative (C) 11 Work Performed Is by .Approved Suboon!mctor SUB-TOTAL THIS REPORT Customer's Signature + 1 % on Subtotar (0) TOTAL THIS REPORT MARINA LANDSCAPE, INC. 1900 S. Lewis Street, Anaheim, California 9.2805 Phone 714-039-8600 Fax: 714 935-1199 Conlractor'a Ucense Number 492862 • Web Site: www.marlnaoo.com White • Acoounllng Vallow • Field Pink• OwnalfAgency CITY OF m CUPERTINO CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS FIELD AUTHORIZATION Project Name: Senior Center-Mazy Avenue Landscape and Irrigation Project Location: 21251 Stevens Creek Blvd. Contractor: Marina Landscape, Inc. Address: 5779 Preston Avenue Livermore CA 94551 Description of Work: Date: 12/9/2015 F. A. No: 003 Project No: 2015-11 File No: 22,008.21 P.O. No: ----- Existing irrigation pressure requires pressure regulators for optimal valve and head operation. Provide and install 2 pressure regulators at 2 valves. Method of Payment: ( x) Lump Sum __ ......,$~7~09~.0..,...7.__ __ ( ) Time and Materials ( ) Time and Materials not to exceed $ ( ) Quantity Adjustment Contract time will be increased by 0 days. Adjustments, if any, will be included in a Change Order after completion of the Work described above. Applicable Specifications: CAL TRANS ( ) City Standards ( x ) Other~~~~~~~~~~- Reviewed by: Approved by: Glenn Rock, Project Manager Gonsalo J~iID;,Pf()jeCtManager Reviewed by: Approved by: Bruce Biordi, Project Manager Timm Borden, Director of Public Works Marina Landscape, Inc. 5179 Preston Avenue Livennore, CA 94551 TITLE: Added Pressure Regulator PROJECT: CUPERTINO SENIOR CENTER TO: Attn: Glenn Rock Gilbane Building Company 1798 Technology Drive Suite 120 San Jose, CA 95110 Phone: (925)243-0288 Fax: (925) 243-0988 Phone: (408) 66o.4416 Fruc (408) 660-4402 RE: Tu: From: DESCRlPTION OF PROPOSAL This cl:lange order is for the added pressure regulators at the valves not shown. CHANGE ORDER REQUEST No.00002 DATE: 12/2/2015 JOB: 315018 CONTRACT NO: Number: 1 Item Description Stock# Quantity Units 1.000 Unit Priee Tax Rate Tax Amount Net Amount 00001 Added Pressure Regularor $709JJ7 0.00% $0.00 $709.07 Unit Cost: $709.07 Unit Tax: $0.00 Lump Sum: S0.00 Lump Tu:: $0.00 ------- $769.07 Time Erten.sion ................... .2 Days B Glenn Rook Jaime Date: EXTRA WORK CALCULATION SHEET MARINA LANDSCAPE, INC. 5779 PRESTON AVE. LIVERMORE, CA 94551 (925) 243-0288 BILL TO: CITY OF CUPERTINO PROJECT: SENIOR CENTER II RINA~~;: ·---·----.Stitt Growir,g !.::_ "''>:·',.~·~.~·" DATE; 12/02/15 JOB NO.: 315018 CONTRACT#: DESCRIPTION: THIS PROPOSAL IS FOR ADDING (2) EACH PRESSURE REGULATORS TO THE VALVES SHOWN NOT TO BE LOW PRESSURE. QTY DESCRIPTION HOURS *"LABOR- 1 LABOR 6 GRAND TOTAL COST LABOR *** MATERIAL *''* 1 SEEATTACHED TOTAL COST MATERIALS HOURLY RATE 56.63 270.70 EXTENDED AMOUNTS 339.78 ~============= 339.78 270.70 ------------------------------270.70 ============= ================================ ========= ===============----::;==-===--== TOTAL LABOR 15.0% LABOR MARK UP TOTAL MATERIALS 15.0% MARK-UP MATERIALS SUBTOTAL 1.0% BOND GRAND TOTAL 339.78 50.97 270.70 40.60 702.05 1.02 ================ 709.07 EXTRA WORK CALCULATION SHEET MARINA LANDSCAPE , INC. 5779 PRESTON AVE. LIVERMORE, CA 94551 {925) 243-0288 Bili TO: CITY OF CUPERTINO PROJECT: SENIOR CENTER DATE: 12102115 JOB NO.: 315018 CONTRACT#; DESCRIPTION: THIS PROPOSAL IS FOR ADDING (2) EACH PRcSSURE REGULATORS TO THE VALVE~ SHOWN NOT TO BE LOW PRESS URS. QTY DESCRIPTION ---------- UNJT COST ----------·----·__.._;....., ---- *** MATERIAL '*'** 2 PRESSURE REGULA TORS 2 JUMBO BOXES 1 FIITINGS 1 TAX 1 MATERIAL HANDLING@ 10% TOTAL COST MATERIALS EA EA LS 10.00% 68.00 38.00 15.00 21.00 22.70 EXTENDED AMOUNTS 136.00 76.00 15.00 21.00 22.70 ================ 270.70 CITY OF II CUPERTINO CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS FIELD AUTHORIZATION Project Name: Senior Center-Mary Avenue Landscape and Irrigation Project Location: 21251 Stevens Creek Blvd. Contractor: Marina Landscape, Inc. Address: 5779 Preston Avenue Livermore. CA 94551 Description of Work: Date: 12/9/2015 F. A. No: 004 Project No: 2015-11 File No: 92,008.21 P.O. No: ----- Per request of City, replace MP Rotors with 1 GPM drip emitters at 2 per shrub on valves #2 and #4. Turn over already installed MP Rotors to City as described in attached COR 00004. Method of Payment: (x)LumpSum~~~$~4=.5=1~9.~1~1~~~~ ( ) Time and Materials ( ) Time and Materials not to exceed$ _____ _ ( ) Quantity Adjustment Contract time will be increased by 0 days. Adjustments, if any, will be included in a Change Order after completion of the Work described above. Applicable Specifications: CALTRANS ( ) City Standards ( x ) Other _________ _ Reviewed by: Approved by: Glenn Rock, Project Manager Gonsalo ~Manager Reviewed by: Approved by: Bruce Biordi, Project Manager Timm Borden, Director of Public Works Marina Landscape, Inc. 5119 Preston Avenue pvennore, CA 94551 Phone: (925} 243-0288 Fax: (925) 243-0988 TITLE: Change Irrigation -Emitters @MPR PROJECT: CUPERTINO SENIOR CENTER TO: Attn: Glenn Rock Gilbane Building Company 1798 Technology Drive Suite 120 San Jose, CA 9.5110 Phone: ( 408) 660-4416 Fax: ( 408) 660-4402 RE: To: F1."0m: DESCRIPTION OF PROPOSAL CHANGE ORDER REQUEST No. 00604 DATE: 1217/2015 JOB: 315018 CONTRACT NO: Number: 1 This proposal is for providing and installing (2) each lgph emitters at every pl.ant within the MPR rotating nozzle valves. Marina will tum the already purhcased irrigation materials over at project completion. Item. Description Stoc~ 00001 Emmilt.m'@MPRotator Valvl.l.'I Time Extens.io.n ................... .O Days Glenn Rock Date: Qunntity Untts 1.000 UnitPrke Tu:RateTuAmoUBtNetAmount $4,519.11 0.00% $0.00 $4,.SUl.ll Unit Cost $4,519.11 Unit Tax: $0.00 Lump Sam: $0.00 Lump Tu: $0.00 ------- Total: $4,519.11 EXTRA WORK CALCULATION SHEET MARINA LANDSCAPE I INC. 5779 PRESTON AVE. LIVERMORE, CA 94551 {925) 243-0288 Bill TO: CITY OF CUPERTINO PROJECT: CUPERTINO SENIOR CENTER DATE: 12/07/15 JOB NO.: 315018 CONTRACT#: . . ,.;. DESCRIPTION: THIS CHA.'\IGE ORDER IS FOR CHANGING THE MP ROTATOR NOZZLE IRRIGATION AREA TO DRIP BLANK TUBBING AND XB•T EMITTERS. EACH PLANT TO RECEIVE (2) EMMITTERS PER PLANT. EMMITERS TO BE (1G) TIED INTO \VITH 1/4n TUBBING. ------------ QTY DESCRIPTION HOURS -----------*""" LABOR - 2 LABOR GRAND TOTAL COST LABOR 8 HOURLY RATE 56.63 EXTENDED AMOUNTS 906.08 ==================== 906.08 ........ __ ._..,.;.. _____ ---.... ---.. ·-----------·--·------..... ____ ---------...... -............. -.......... -...... _ ... ___ _ •**MATERIAL"'** 1 SEEATTACHED 3,023.58 3,023.58 =============--===--== TOTAL COST MATERIALS 3,023.58 ============= ================================ ========= ================================= TOTAL LABOR 15.0% LABOR MARK UP TOTAL MATERIALS 15.0% MARK-UP MATERIALS SUBTOTAL GRAND TOTAL 906.08 135.91 3,023.58 453.54 4,519.11 =============--====== 4,519.11 EXTRA WORK CALCULATION SHEET MARINA LANDSCAPE , INC. 5779 PRESTON AVE. LIVERMORE, CA 94551 (925) 243-0288 BILL TO: CITY OF CUPERTINO PROJECT: CUPERTINO SENIOR CENTER DATE: 12/07/16 JOB NO.: 315018 CONTRACT#: DESCRIPTION: THIS CHANGE ORDER IS FOR CHANGING THE MP ROTATOR NOZZLE IRRll°;ATION AREA TO DRIP BLANK TUBBING AND XB-T EMITTERS. EACH PLANT TO RECEIVE {2} EMMITTERS PER PLANT. EMMITERS TO BE (1G) TIED INTO VlllTH 114" TUBBING. ·--·------·---------·----------------------- QTY DESCRIPTION UNIT COST EXTENDED AMOUNTS ----------------·---------.. ---------- *ff MATERIAL"'** 850 EMITTERS -1G 850 BARB CONNECTOR 850 EMITTER PLASTIC STAKE 1 1/4" TUBBING 1 TAX 1 MATERIAL HANDLING@10% TOT AL COST MATERIALS EA EA EA RL 10.00% 1.06 0.87 0.95 96.00 234.53 253.55 892.50 739.50 807.60 96.00 234.53 263.55 ==================== 3,023.68 Project No. 2015-11 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this 16th day of October, by and between Marina Landscape, Inc. whose place of business is located at 900 South Lewis Street Anaheim, CA 92805 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the 16th day of October, 2015 awarded to Contractor the following Project: PROJECT NUMBER 2015-11 SENIOR CENTER-MARY AVENUE LANDSCAPE AND IRRIGATION NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work sp·ecified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Katy Jensen, to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 City has designated John Cahalan Landscape Architect to act as Project Consultant. City may change the identity of the Landscape Consultant at any time with notice and without liability to Contractor. 2.3 City has designated Gilbane Building Company to act as Construction Managers. City may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.4 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address( es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. City of Cupertino Senior Center-Mary Avenue Landscape and Irrigation 00520 - 1 Contract RBC Project No. 2015-11 Contractor shall achieve Substantial Completion of the Entire Work by Friday December 04, 2015 and Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) by Friday, March 04, 2016 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3 .2.1 $5,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve any Milestone date as specified above. 3.2.2 $2,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.3 $3,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND HOURS. 3.2.4 Three Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements. 3 .3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum of NINETY EIGHT THOUSAND FIVE HUNDRED DOLLARS, ($98,500) for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached City of Cupertino Senior Center-Mary Avenue Landscape and Irrigation 00520 - 2 Contract nsc Project No. 2015-11 Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5. 7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00400 Bid Form Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit City of Cupertino 00520 - 3 Senior Center-Mary Avenue Landscape and Irrigation Contract Document 00482 Bidder Certifications Document 00510 Notice of Award Document 00520 Contract Docmnent 00530 Insurance Forms Document 00550 Notice to Proceed Document 00610 Construction Performance Bond Docmnent 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Docmnent 00800 Special Conditions Document 00820 Special Environmental Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specification/Special Provisions Addenda(s) Drawings/Plans Project No. 2015-11 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Docmnents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Docmnents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSRIPWD/Northem.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware City of Cupertino 00520 -4 Contract Senior Center-Mary Avenue Landscape and Irrigation Project No. 2015-11 of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference( or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. City of Cupertino Senior Center-Mary Avenue Landscape and Irrigation 00520 - 5 Contract Project No. 2015-11 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. SENIOR CENTER-MARY A VENUE LANDSCAPE AND IRRIGATION PROJECT CITY: CONTRACTOR: CITY OF CUPERTINO, a Municipal Corporation of the MARINA OSCAPE, INC. State of California Attest: /? r . (--;/ -Pr l l (?obbvt-is. luwan t:::::;>~ c)J -{(fd_ { S--~[Pl-ease-pn-'ntn-am-ehe-re]~~-- City Clerk: Grace Schmidt Approved as to form by City Attorney: f'o/~ I hereby certify, under penalty of perjury, that David Brandt, City Manager of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino. Dated: I {) j;, i?/ ~S I } ~ ~hc· fC. /},.._ av1 ran t, 1ty anager o t e 1ty o upertmo, a () Municipal Corporation of the State of California Designated Representative: Name: Timm Borden Title: Director of Public Works Address: 10300 Torre Ave., Cupertino, CA 95014 Phone: 408-777-3354 Facsimile: 408-777-3333 AMOUNT: $ 98,500 ACCOUNTNUMBER: 420-90-944-900-905-SRCT 002-03-01 FILE NO.: 92,008.21 Title: \?C-lfi Cl-etrJ {- [If Corporation: Chairman, President, or Vice President] B®PAL Ws±--etrt N'tN' [Please print name here] Ti tie: -+-'l-'-_,.,_~+=--'-'\1-.>U.---'-......._....,...___._,,+=--=--"--'.__-- [lf Corpoiation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] \.j~~~L A B1 C21 1c3lp1Dtt'1 State Contractor's License No. I Classification ~~30~( l . . D (2 Exp1rat10n ate Taxpayer ID No. j ~-37 itJ08 2-D Name: fh~M' f?, lo\rJ/M\ o ,~e c-0 ~' .... _ J---Title: -\--i--->-\~ t.P~ 1~0W/1f~~l_,__1 ________ _ Address:37D] \A\· Wd6b0.~weJ?lvt:f, 0rNtscf-C{A~23tCJ1 Phone:~ IY • q3q · ~& 6D Facsimile:1lll ,g3s, ( l°J 4 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED City of Cupertino END OF DOCUMENT 00520 -6 Contract Senior Center-Mary Avenue Landscape and Irrigation CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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. who proved to me on the basis of satisfactory evidence to be the person{s) whose name{s) )8ffire subscribed to the within instrument and acknowledged to me that t;ier~hey executed the same in .!J.i57'j;l.er1their authorized capacity{ies), and that by ~/their signature(s) on the instrument the person{s), or the entity upon behalf of which the person(s) acted, executed the instrument. S. SWANSON commission # 20~940.1 z :::( ~ Notary Public -Callforn1a ~ ~ '' Orange County ~ J;;.;; 9 ..,Mi~~ tx~r:s ~egtt;}~1 U Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of Calif rnia that the foregoing paragraph is true aid co ect. WITNESS m~ nd n Signatur . -I--'>,,_-----+--"--""'-"-----'------- ~~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title{s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: ____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~· ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DOCUMENT 00400 BJJ>FOftM EXHIBIT A Project No. 20!5-11 To be submitted 11s part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders). TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THIS BJD JS SUBMJITED BY: ____ Marina LandscaQe, Inc, ____ ~~~~~----~- Re: PROJECT NUMBER 2015-11 SENIOR CEN1'ER·MAR.Y AVENUE LANOSCAPE AND IRRIGATION PROJECT I. The undersigned Bidder proposes and agrees, if this Bid is accepted, to e11ter into .n contract with the City of Cupe11Jno ("Cily") ill the form included in the Contract Documents, Document 00520 (Contract}, 10 perform and !Umish all Work as specified or indicated in the Contract Documents for the Contract Sltln and within the Contract Time indicoted Jn this Bid and In accordance with all other terms and conditions of the Contract Documents. All portions offhis Bid Form must be completed 1111d signed before the bid is submitted. Failure to do so will result in the bid being re,iect(!d as non-responsive. 2. Bidder accepts all oftlic terms and conditions of the Contract Documents, Document 00100 {Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limilation, those dealing with the disposition of Bid Security. Tiiis Did wm Nlmaln sublcct to acceptance for 90 Days after the day of Bid oeenlng. 3. Bidder has visited the Site and perfonned all tasks, rtl!iearoh, investigation, reviews, examinations, and analysis and given notices, 1·egarding the Project and the Site, as set fo1·th in Document 00520 (Contract), Article 5. 4. Bidder has siven City prc>mpt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. s. Bidder nttended the non-mandatory Pre-Bid Meeting. YES NOL 6. Subcontrac101'S for work included in all Bid items, in accordance witll the crltel'la in the Public Contract Code, are listed on the attached Document 00430 (SubC<lntractors Lisi). 7. The undersigned Bidder understands that City reserves the right to reject this Bid, 8, If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents l'equire<l by Document 00200 (lnsu·ucllons to Bidders) wlthin the times specffied !herein. These documents include, but are not limited to, Document 00520 (Contract), Document 00610 (Construction Performance Bond}, and Document 00620 (Construction Labor and Material Payment Bond). 9. Notice of Award or request for additional infonnation may be addressed to the undersigned Bidder at the address set forth !wlow on tl1e signature page. City ofCupi;1rtino Setilor Center-Mary Avenue Landscape and lnigation 00400· I Bid form :JBtl ' I I i t l I ( r I EXHIBIT A Project No. :WI 5-11 10. The undersigned Biddet herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States, or a coivorate su!'ety bond furnished by n surety alJthoriied to do a surety business ill the Stale of California, in form specified in Document 00200 (Instructions t<> Bidders), i11 the amount of ten percent (10%) of the total ofBase Bid and made payable to the "City of Cupertino". 11. The undersigned Bidder ngrees to commence Work under the Contract Documcmts on the date established in Document 00700 (General Condition~) and to complete all work within the time specified in Document 00520 (Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. TI1e undersigned Bidder further acknowledges City has reserved lhe right to perform independent work at the Site, the extent of such work may not be deterrni ned until aftel' the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with Che requit'ements of the Contract Documents. 12. The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages for failure to complete all Work ln the Contract within the time specified in Document 00520 (Contract) shall be as set forth In Document 00520 (Contrac1). NOTICE Required Contractor nnd Subcontractor DIR Registration t) Owner shall accept Bids only from Bidders that (along with all Subcontractors listed in Document 00430, Subcontractors List) are currently registered and qualified. to perform public work pursuant to 1..iabor Code Section 1725.5. Subject to Labor Code Sections 1771.J(c) and (d), any Bid not complying with paragraph above, shall be returned and not con~idered; provided that if Bidder is a joint venture (Business & Professions Code Section 7029.1) or if federal funds are involved in tile Contract (Labor Code Section 1771.l(a)), Owner may accept a non~ complying Bid provided that Bidder and all listed Subcontractors are registered at the time of Contract award. City ofCt1perti110 Senior Cenlcr-Mmy Avenue J..a1Jdscope and Irrigation Sid Fonn 00400-2 1 l I I t ! I f t EXHIBIT A Project No. 2015-11 SCHEDULE O,F JllD PRICES All Bid items, including lump sums and unit prices, must be filled in completely. Alternative Bld item11 are described in Document 00800 (Special Conditions). Quote in figures only, unless words are specifically requested. PfoQC? Note that time extensions will NOT be permitted wltla tile aceept1met of any or all of the Alter.native Bid Item$ listed below • . ~ :;·: t;·;U:i1!.:;;s:·;·:~~.,~~!~i.~P..~ .. ;.\:./i{)(.:, ::> ·'.~.~l:f ;~ Complete all work fat the Senior Center· Mary Avenue Landscape and Irrigation LS Protect TOTAL BASE BID ADD ALTERNATE Complete all work associated with Add Alternate #1 as described in the Plans alld LS Soeclflcallons. TOTAL ADD Al TERNATE BIO !.!nit Legend LS= Lump Sum EA =Each LF = Linear Feet TON = Ton or 2,000 Pounds CY= Cubic Yards LB:::: Pounds City ()f Cupertino Senior Center-Mary Avenue L1111dsca1>e and Irrigation AL = Allowanoe SF "' Square Feet ()0400. 3 If>, s-oo !81 -~o · - I 8 '.$CeJ r-· Bid Fonn RBC I I ! I i I f ! I EXHIBIT A Project No. 2015-11 ACKNOWLEDG~MENT OJ<' RECEIPT OF AIJDENDUMS Bidder he1·by acknowledges receipt and examination of all Cot\tract Documents and the following Addenda: Addendum No. Addendum Date 1 9/30/15 Bidder proposes and agrees to fully perform the Work within the time stated and in stl'ict accordance with the Co11tract Documents for the sums of money listed in this Bid Form. NAME OF BIDDER: Marjoa L§ndscaps;, Inc" - licent--ed in accordance with an ac! for the registration of Contractors, and with license number: _4"""'""'-9=2-"'8-"6=2"------- Expiration Dale 6L30/2016 --------~· DIR Registration No.: .1000000079 California . ~ Where incorporated, if applicable Teri Nguyen Chief Finance Officer Principals l certify (or declare) under penalty of perjury undel' the laws of the t t the foregoing is true and correct. NOTE: If Bidder is a corporation, set forth the legal name of the ~orporation, s te where incorporated, together wlth the signature of the officer or officers authorized to sig1' contracts on behalf of the col'poratfon. If Bidder is a partnership, set fo11h the name of the firm together with the slgnaiure of the partner or partners uuthtwized to sign contracts on behalf of the p11rtnership. Business Addre..~s: Officers authorized to sign contracts; Telephone Number(s): Fax Nurnbcr(s); E-Mail Address: City of Cupertino Senior Center·Mary Avenue landscnpe and irrigation Ali TavakQli Ted Ngu~------ Robert B Cowan Typed Full Name: (714) 939~6600 (714) 935-1199 JGytierrez@marinaQQ.com END OF DOCUMI:.~T Bid Form 0040(1·4 RSC EXHIBIT A CALIFORNIA. ALLmPURPOSE ACKNOWLEDGMENT ~.,Q(l CIVIL CODIE § 1189 .-~ A notary public or other offJcer 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 ORANGE On fo/O~flJ: I l>ate before me, _A_._G_U_T_I_E_R_R_E_z_,_N_O_T_A_R_Y_P_U_B_L_I_c ____ _ Here Insert Name and Title of the Officer personally appeared __ T_E_R_I~N_G_U_Y_E_N~-------------------~ Name(s) of Signer(s) who proved to me on the basis of satisfactoiy evidence to be the person(s) whose name(e} is/ai<e· subscribed to the within instrument and acknowledged to me that fle/she/theJ7' e>cecuted the same In !:ti81'her.AAeff' authorized capacity~ee~, and that by·l'1*31her/tfoi-eir signature(~ on the instrument the person(~; or the entity upon behalf of which the person~· acted, executed the instrument. Place Notary Seal Above 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. ~~~~~~~~~~~~~~OPTIONAL-=~~~~~~~~~~~~~ . Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of .Attached Document Title or Type of Document: Document Date: ______ _ Number of Pages: Signer(s) Other Than Named Above: ---~-------- Capacity(ies) Claimed by Signer(s) Signer's Name:----------- 0 Corporate Officer -Title(s): _____ _ D Partner -O Limited D General O Individual D Attorney In Fact O Trustee D Guardian or Conservator D Other: ·---- Signer Is Representing:--------- Signer's Neime: __________ _ 0 Corporate Officer -Title(s): ---~~- 0 Partner -D Limited D General 0 individual D Attorney in Fact D Trustee D Guardian or Conservator D Other:------~----- Signer Js Representing; --------- ~~~~~~~~~!m.'!.l~~~~~~~~~~~~:MMWR!!~~~ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 RSC EXHIBIT A Project Nu. 2015-11 DOCUMENT 00430 REQUIRED SUBCONTRACTORS LIST Bidder must provide the following Listed Subcontractor Informal ion in conformance with the California Public Contt·act Code where the value of1he Subco11tractor's work is or exceeds ~ ofone percent (.OS%) oftbe Base Bid or ten thousand dollars ($I 0,000), whichever is greater, on Document 00400. F11ilure to do so will render Bid Non Responsive. Bidder Is reminded that l.isted Subcontractors ca1mot be substituted by the Apparenl Low Bidder after Bid has been submitted and opened, without City's formal approval. Name of Subcontractor and Location of Place of Business NC9·N'£ Attach additional sheets If necessary City ofCupetthm Senior Cc111er-M11ry Avenue Lnndscaiw and Jrrignlkm Description of Subcontracto1·1 s DIR Registration Work License No. Numbe.- 00430 • I Su bcon1ruc1orn List RBC I ! I I f k i City of Cupertino EXHIBIT A Prnjecl No. 2015,11 NOTICE: Required Contr11etor and Subcontraetor DJR Registration l) Owner shall accept Bids only from Bidders that (along with all Subcomractors listed Jn Document 00430, Subcontractors List) are currently registered and quullfied to perform public work pursuant to Labor Code Section 1725.5. 2) Subject to Labor C.ode Sections 1771. l(c) nnd (d), any Bid not complying with paragraph above, shall be returned and not considered; provided that if Bidder is a joint venture (Business & Professions Code Section 7029.l) or If federal funds are involved in the Contrnct (Labor Code Section 1711. J(a)), Owner may accept a non-complying Bid provided that Bidder and all listed Subcontractors are registered at the time ofContrnct award. END OF DOCUMENT 00430-2 Subcontraciors List Senior Center-Mary Av¢nue Land~c1pc nnd Irrigation FIBC i I I I I ! I I. I Project No. 2015-11 DOCUMENT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. PLEASE READ CAREFULLY. ALL DOCUMENTS MUST BE ORIGINALS -SUBMIT IN TRIPLICATE 1. Insurance Agreement -Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance agent QI must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation -must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project -must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the insurance agent for worker's compensation only. City of Cupertino Senior Center-Mary Avenue Landscape and Irrigation 00530 - 1 Insurance Forms RSC ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 10/7/2015 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 Ed8ewood Partners Insurance Center (EPIC) CONTACT Roxanne Camping NAME: 19 00 MacArthur Blvd. PH Floor PHONE 949-417-9175 I FAX 949-809-2375 Irvine, CA 92612 IAIC. No. Ext\• CA/C Nol: E·MAIL rcamping@edgewoodins.com ADDRESS: JNSURER(S) AFFORDING COVERAGE NAIC# www.edgewoodins.com INSURER A: Navigators Soecialtv Insurance Comoanv 36056 INSURED INSURER B : Starr lndemnitv & Liabilitv Comoanv 38318 Marina Landscape, Inc INSURER c: AGCS Marine Insurance Comoanv 22837 1900 S. Lewis Street Anaheim CA 92805 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 26853218 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 (~~)-Jg)'y~~l POLICY EXP LTR •u~n "'"n POLICY NUMBER IMM/DD/YYYYl LIMITS A _L COMMERCIAL GENERAL LIABILITY LA15CGL 1658961C 8/1/2015 8/1/2016 EACH OCCURRENCE $ 1,000,000 =:J CLAIMS-MADE [£] OCCUR DAMAGE TO RENTED $ 50,000 PREMISES IEa occurrencel _L Bl/PD Deductible: $10,000 MED EXP (Any one person) $ 5,000 _L Contractual Liabilit:i PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl [{]PRO· DLOC PRODUCTS · COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ B AUTOMOBILE LIABILITY ./ ./ SISIPCA08270515 8/1/2015 8/1/2016 fE~~~~~~~t~INGLE LIMIT $ 1,000,000 - _L ANY AUTO BODILY INJURY (Per person) $ -SCHEDULED ALL OWNED BODILY INJURY (Per accident) $ -AUTOS -AUTOS NON-OWNED rp~?~;c~~~fi'AMAGE $ HIRED AUTOS AUTOS ~ - $2 000 Ded Como & Coll $ A UMBRELLA LIAB H OCCUR SE15EXC8208751C 8/1/2015 8/1/2016 EACH OCCURRENCE $ 10 000,000 ~ ./ EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 ./ OED I I RETENTION$NIL $ B WORKERS COMPENSATION ./ 10000012270 8/1/2015 8/1/2016 I PER I I OTH- AND EMPLOYERS' LIABILITY ./ STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [ill N/A E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT $ 1,000,000 c Equipment MXl93061089 8/1/2015 8/1/2016 Blanket Limit: $3,067,565 Leased/Rented Equipment Included Installation Floater Any One Site: $150,000 Deductible: $1 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: Project #2015-11 Senior Center Mary Avenue Landscape and Irrigation. The City of Cupertino (City) and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees are included as an additional insured as respects General Liability and Automobile Liability per the attached endorsement(s). General Liability and Automobile Liability is primary and noncontributory per the attached endorsement(s). Waivers of Subrogation apply to General Liability, Auto Liability and Workers Compensation per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION Citb of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Pu lie Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino CA 95014-0000 AUTHORIZED REPRESENTATIVE c2z, 0. ;p~(i:r:d (~ -fG '!A. I Angela C. Rabbitt . © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 26853218 I 15/16 GL/AL/WC/EXC Master I Roxanne Camping I 10/7/2015 1:37:17 PM (PDT) I Page 1 of 11 POLICY NUMBER: SISIPCA08270515 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies Insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured~ Marina-~andscape, Inc Endorsement Effective Date: 8/1/2015 SCHEDULE Name(s) Of Person(s) Or Organization(s}: WHERE REQUIRED BY WRITIEN CONTRACT. Information reauired to comolete this Schedule. if not shown above will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organlzatlon(s) shown in the Schedule, but only to the extent that subrogation Is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA04441013 ®Insurance Services Office, Inc., 2011 26853218 I 15/16 GL/AL/WC/EXC Master I Roxanne Camping I 10/7/2015 1:37:17 PM (PDT) I Page 2 of 11 Page 1 of1 LA15CGL 1658961C Marina Landscape, Inc 10/7/2015 COMMERCIAL GENERAL LIABILITY CG20 38 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured Is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s} or organization(s) is an additional insured only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: Thl!i Insurance does not apply to: 1. "Bodily Injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or :~urveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. Thin exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the "occ;urrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury•, involved the rendering of, or the failure to render, any prol'essional architectural, engineering or sul'lleying services. 2. ''Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG20 38 0413 ©Insurance Services Office, Inc., 2012 Page 1 of2 26853218 I 15/16 GL/AL/WC/EXC Master I Roxanne Camping I 10/7 /2015 1: 37: 17 PM (PDT) I Page 3 of 11 b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section 111-Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2 .• ~vailable under the applicable lil'flits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown In the Declarations. Page 2 of2 ©Insurance Services Office, Inc .• 2012 CG20 38 0413 26853218 I 15/16 GL/AL/WC/EXC Master I Roxanne Camping I 10/7/2015 1:37:17 PM (PDT) I Page 4 of 11 Marina Landscape, Inc POLICY NUMBER: LA 15CGL 1658961C COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED • OWNERS, LESSEES OR CONTRACTORS .. COMPLETED OPERATIONS This endorsement modifies insurance provided under the foflowlng: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations •Any person or organization for whom you are performing "commercial construction" during the period of this policy and have agreed in a written contract to add as an additional insured for products-completed operations. "Commercial construction" does not include any habitational or residential construction other than hotels or apartments Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A, Section If ~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 tiazard". 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, lhe 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 26853218 I 15/16 GL/AL/WC/EXC Master I Roxanne Camping I 10/7/2015 1,37,17 PM (PDT) I Page 5 of 11 Marina Landscape, Inc LA15CGL 1658961C 10/7/2015 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following 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: (2) You have agreed in writing in a contract or agreement that this insur- ance would be primary and would not seek contribution from any other insur- ance available to the additional insured. (1) The additional insured is a Named In- sured under such other insurance; and CG 20 01 0413 ©Insurance Services Office, Inc., 2012 26853218 I 15/16 GL/AL/WC/EXC Master I Roxanne Camping I 10/7 /2015 1'37'17 PM (PDT) I Page 6 of 11 Page 1 of 1 Marina Landscape, Inc POLICY NUMBER: LA 15CGL 1658961C COMMERCIAL GENERAL LIABILITY CG24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing In a contract or agreement that you will waive any right of recovery against such person or organization. Information requited to coll'!el~te this Schedule, if not shown above, will be shown in the Deciaratlons. The following is added to Paragraph e. Transfer Of Rights Of Recovery Against Others To Ug of Section IV ~ Conditions: We waive any right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for Injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the •products~ completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG24 040509 © Insurance Services Office, Inc., 2008 26853218 J 15/16 GL/AL/WC/EXC Master J Roxanne Camping J 10/7/2015 1:37:17 PM (PDT) J Page 7 of 11 Page 1of1 • Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Number:SISIPCA08270515 Named Insured: Marina Landscape, Inc Effective Date: 8/1/2015 ADDITIONAL INSURED -WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This policy is amended as follows: ADDITIONAL INSURED BUSINESS AUTO COVERAGE FORM SCHEDULE ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED "AUTO" I. SECTION II -LIABILITY COVERAGE A. Coverage, 1. Who is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. SICA 1016 (02/12) Page 1 of 1 Copyright© C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. 26853218 I 15/16 GL/AL/WC/EXC Master I Roxanne Camping I 10/7/2015 1:37'17 PM (PDT) I Page 8 of 11 • Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS Policy Number: SISIPCA08270515 Named Insured: Marina Landscape, Inc This policy is amended as follows: Effective Date: 8/1/2015 BUSINESS AUTO COVERAGE FORM Section IV -Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. Signed for STARR INDEMNITY & LIABILITY COMPANY SICA 1017 (02/12) Page 1 of 1 Copyright© C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. 26853218 I 15/16 GL/AL/WC/EXC Master I Roxanne Camping I 10/7/2015 1:37:17 PM (PDT) I Page 9 of 11 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT· CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. 2 . o % of the California workers' compensation premium Schedule Person or Organization Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. Job Description Where required by contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective:8/1/2015 Insured: Marina Landscape, Inc Insurance Company: Starr Indemnity & Liability Co. WC 0403 06 (Ed. 04-84) Policy No.: 10000012270 Endorsement No.: Premium: Countersigned by: ---------------- Page 1of1 26853218 [ 15/16 GL/AL/WC/EXC Master [ Roxanne Camping [ 10/7/2015 1,37,17 PM (PDT) [ Page 10 of 11 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule: The additional premium for this endorsement shall be otherwise due on such remuneration. 2. o % of the California workers' compensation premium Schedule Person or Organization Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. Job Description Where required by contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective:8/1/2015 Insured: Marina Landscape, Inc Insurance Company: Starr Indemnity & Liability Co. WC 0403 06 (Ed. 04-84) Policy No.: 10000012270 Endorsement No.: Premium: ()/7/f,(~_ Countersigned by: _L// {1 26853218 I 15/16 GL/AL/WC/EXC Master I Roxanne Camping I 10/7/2015 1:37:17 PM (PDT) I Page 11 of 11 Page 1of1 Bond No.: 0193708 Premium: $985.00 Project No. 2015-11 ** Premium is based on 100% of the final contract amount ** DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated October 29, 2015 is in the penal sum of - Ninety Eight Thousand Five Hundred Dollars and 00/1 OOs ($98,500.00) ~----------------~---[which is one hundred percent of the contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists. of this page and the Bond Terms and Conditions, paragraphs 1 through 12, attached to this page. Any singular reference to Marina Landscape, Inc. ("Contractor"), Berkley Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California {"City'') or other party shall be considered plural where applicable. CONTRACTOR: Marina Landscape, Inc. Name 3707 W. Garden Grove Blvd. Address Orange, CA 92868 City/Stat.e/Zip CONSTRUCTION CONTRACT: SURETY: Berkley Insurance Company Name 4 Hutton Centre Drive, Suite 640 Principal Place ofBusiness Santa Ana, CA 92707 City/Stat.e/Zip SENIOR CENTER-MARY AVENUE LANDSCAPE AND IRRIGATION PROJECT PROJECT NUMBER 2015-11 at Cuperfu10, California. DATED ___ O_ct_ob_e_r 1_9 ___ , 201L_ in the Amount of$_9-'8,_50_0_.0_0 ________ (the "Penal Sum") ·PRINCIPAL SURETY J) Mari a Landscape, Inc. C~mp .. """ (C~oal) Berkley Insurance Company Signature: ~ \r~,c\,e1. ~A J 00 \J5 Name and Title: Linda D. Coats, Attorney-in-Fact __ _ Name and Title: RobeytB.(01,;\li\,OI rce.ndev\r BOND TERMS AND CONDJTIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Constmction Contract, Surety and Contractor shall have no obligation under this Bond. 3. If there is no City Default, Surety's obligation under this Bond shall arise after: 3.l City has declared a Contractor Default under the Constrl.lction Contract pursuant to the terms of the Construction Contract; and 3.2 City has agreed to pay the Balance ofthe Contract Sum: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or City of Cupertino 00610 -l Construction Perfonnance Bond Senior Center-Mary Avenue Landscape and Irrigation Proj:ectNo. 2015-11 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of thls Bond and the Construction Conttact 4. When City bas satisfied the conditions of paragraph; 3, Surety shall promptly (within lO days) and at Surety's :exp¢tis¢ elect to take Qtie of the following actions: 4.1 Arrange for Contractor, with conse11t of City, to perform and complete the. Construction Contract (but City lliay Withhold consent, in which case the Surety must elect an option described in p{lragraph.q 4.2, 4.3 or 4.4, below): or 4,2 Undertake to perform and complete the Construction Contract it'>elf, through its agent'> or through independent . contractors; provided; that Surety lllil.Y not select Contractor as its agent or independent contractor without City's consent; or 4.3 Undertake to perform and complete €he Construction Contract by obtaining bids from qualified contractors acceptable to• City for a contract for performance and completion of the . Construction C1:>ntJ;act; a;nd, upon determination by City of the lowest ,;esponsihle bidder, arrange for a contract to be p:repa,;ed for execution by City and the contl,'actor selected with City's concurrence, to be secl!fe<l with performance and payment bondS executed by a qualified surety equivalentto the bond..q issued on the Construction Contract; and~ ifSurety's oblfgations defined in paragraph 6, below, exceed the Balance of the Contract Stiltl, tben$urety shall pay to City the amount of such excess; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable p:ronipfile&s under the citc;rtrnstances, and, after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for fhe perforlliance and completion of the Construction Contractand, as soon as practicable after the amount is determined,. tender payment therefor to City with full explanation of the pl:lyment's calculation. If City accept$ Surety's tender under this paragraph 4.4, City may still hold Sw:ety liable for future damages then tm'known or un:liqtiidated resulting :from the Contractor Defuult. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Suretyis liabilityunder par!tgraph 6,· below. S. ff Surety does not proceed as provided in paragiaph4, above, then Surety shall be deemed to be in default on this Bond ten <lays .after ,receipt of an additional written notice from City t.o Surety demanding that Surety perform il'i obligations 1mder this Bond. At all times City Shall be entitled to. enforce any remedy available to City at law or under the Construction Contract including, withoutJimitation, and by way uf example only, rights to perform work1 protect work, mitigate damages, adva11ce critical work to mitigate schedule delay, or coordinate work with other consultanls or contractors. 6. Suretyi,s monetary obligation i.lll(ier this Bond is limited by the Amount of this Bond identified herein as the .Penal Sum• This monetary obligation shall augment the Balance of the Contract Sum ... Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations .pf Contractor under the Co:nstruction Contract. Surety's obligations shall include, but a,;e not funitedto: 6.1 The responsibiliti~ of Contractor i.tnder the Construction Contract for completion of the Construction · Contract and corre.ction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated danmges, and for damages for which no liquidated damages are specified.in. the Construction Contract, actual danmges caused by non~perfo1mance of the Construction Contract including, but not limited to, all valtd Md proper backcbarges, offset..<>, payments, indemnities, or.other damage11; 6.3 Additional legal, design professional and delay costs resulth1g from ConttactorDefault or resulting from the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's fees incurred to enforce this Bond). City ol'Cupertino Senior Center~Ma1·y Avenue Landscape and Irrigation 00610" 2 Consttuction Performance Bond Project No. 2015-11 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time .. Surety con<>ents to all terms of the Con'ltruction Contract, including provision'! oti changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerateSurety on this Bond or in any way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bond shall be in~tituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Con'ltruction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location i:iJ. which the work is located. Communications from City to Surety under paragraph 3.1 of this Bondshall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bortd), and all notices .to City shall be mailed or delivered as provided i:iJ. :Document 00520 (Contract). Actual receipt ofnotice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provision<> conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. 12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms offhe Construction Contract after all proper adjustments have been made under the Con'ltruction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract. 12.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract including, but not limited to, "default" or any other condition allowing a termination for cause as provided in Documefit 00700 (General Conditions). 12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Con<itruction Contract or to perform o.ther material terms of the Cortstruction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to. justify Co.ntractor termination of the Co.nstruction Contract. City ofCupertino Senior Center-Mary Avenue Landscape and Irrigation END OF DOCUMENT 00610-3 Construction Performance Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Orange On 6ck 1 u 3·1J)\5 before me, Kristen Ness, Notary Public ate Here Insert Name and Title of the Officer personally appeared __ R_o_b_e_r_t_B_._c_o_w_a_n ___________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~ whose name(s;I is/are subscribed to the within instrument and acknowledged to me that he/MOO~ocey executed the same in his/MerJ'U©ir authorized capacity(}eX), and that by his/lieM~iKsignatureOO on the instrument the person(§t), or the entity upon behalf of which the person(W acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ------------ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee 0 Guardian or Conservator D Other:--------------D Other: --------------Signer Is Representing: ________ _ Signer Is Representing: ________ _ ill.;~:<;~~~~~~~~~-~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827} Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Orange on Oc\o\oev \'1, ·10\5 b f Summer L. Reyes, Notary Public · e ore me, _______ ;;__.;.__ _ _:__ _________ _ Date Here Insert Name and Title of the Officer personally appeared __ L_in_J_la_.D_._C_oa_t_s ______________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person-W whose namefst is/'ftl'e subscribed to the within instrument .and acknowledged to me that ftelshe/tf\ey executed the same in -ITis/her/tlleir authorized capacity(+es), and that by#is/her/their signature(ston the instrument the person~, or the entity upon behalf of which the person{et acted, executed the instrument. SUMMER L. REYES Commission # 1986627 ~ Notary Public -California ~ z Orange County ~ t \PV~"i 4M~0~~2J-J~1~ Place Notary Seal Above I e.ertify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph h;; true and .cprrect. WITNESS my hand and official seal. Signature __ 0fJ~--·~~W/l~---,jdo1-{,_/Y~-------$;gnalJre~otary Public ~--------~------------------OPTIONAL~---------------------------- Though this section is optional, completing this information can deter alteration of the document or · fraudulent reattachment of this form to an unintended document. Description of Attached Document Title qr Type of Document: Document Date: _______ _ Number of P~ges: Signer(s) Other Than Named Above: ------------ Capacity(ies) Claimed by Signer(s} Signer's Narne: ------------ 0 Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other:--------------- Signer Is Representing:·--------- Signer's Name: ___________ _ D Corporate Officer -Title(s): ·------ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: -------------- Signer Is Representing: --------- ~~~'°'"''lf*'§l>;;l@~'!§ii<;,i§.Wi:JX>.~~'.'$!!i}>~'Y.;;;;'M~;&.i\,"14(#iRR~·~if.W.?i&Z%¥>'!&:<}'1@.}'M<;~~#-~~$.;vY..@<>~ @2014 National Notary Association • www.NationalNotary.org • 1-800:-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELA WARE No. BI-7987a NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Linda D. Coats or Matthew J. Coats of Coats Surety Insurance Services, Inc. of Laguna Hills, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 20 I 0: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those n~med therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they' have no authority to bind the Company except in the manner and to the extent therein stated; and further · · RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and fu~fil .. RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Coi;n,pany has c used these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed thislj__ day of~ , 2014. Berkley Insurance Company Attest: /;J(_____3-By~.4-L-~/_ -- Ira S. Lederman (Seal) Senior Vice President & Secretary WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this J3_ day of~· , 2011, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secreta and he i Vice res_ident, resp_ecti~ely, of Berkley Insurance Company. · . KATHLEEN COREY -!!-.,£-<,44.LLlLJL_,,,,_~__,."'--'i-+--__JlliU.J_"""--""'. BUG necticut CONNECTICUT .. ·. COMMISSION EXPIRES OCTOBER. 31, 2017 CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. 14 Given under my hand and seal of the Company, this l_~ day of , 1-0 IS~ . -~~~"-T'-+-7dl'-T'--~· (Seal) An Bond No.: 0193708 Premium: Included with Performance Bond Project No .. 2015-11 DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND TIIISCONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond") is dated October29, 2015 , is in the penal sum Ninety Eight Thousand Five Hundred Dollars and 00/1 OOs ($98,500.00) [one hundred percent of the Contract Price], and i<; entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Condit(ons, paragniphs 1 through 14, attached to this page. Any singular reference to Marina Landscape, Inc. ("Contractor''), Berkley Insurance Company ("Surety''), the City of Cupertino, a Municipal Corporation of the State of California ("City") orother party shall be considered plural Where applicable. CONTRACTOR: Marina Landscape, Inc. Name 3707 W. Garden Grove Blvd. Address Orange, CA 92868 City/State/Zip CbNSTRlJCTION CONTRACT: SURETY: Berkley Insurance Company Name 4 Hutton Centre Drive, Suite 640 Principal Place of Business Santa Ana, CA 92707 City/State/Zip SENIOR CENTER~MARYAVENUE LANDSCAPE AND IRRIGATION PROJECT PROJECT NUMBER 2015~1 l at Cupertino, California. DATED ___ O_cto_b_e_r 1_9 ___ , 20_15_ in the Amount of$_9_8,_50_0_.o_o ________ (the "Penal Sum") Name and Title: SURETY Company: ·(C'21\Seal) Berkley Insurance Com~any Signature: ~~ f1YM~ Q oa&) Name and Title: Linda D. Coats, Attorney-in-Fact BOND TERMS AND CONDITIONS L Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, adtninistJ:ators, successors and assigns to City and to Claimants, to pay for labor, :materials and equipment furnished for U'le in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect toCity, this obligation shall be nUl.l and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and 2.2 Defends, indenmifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suit'l to Contractor and Surety, and provided there is no City Default. 3. Withrespect to Claimants, this obligation shall be null and void.ifContractor promptly makes payment, dire~tly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, City of Cupertino 00620 - l Construction Labor and Material Payment Bond Senior Center-Mary Avenue Landscape and Irrigation Proj:ectNo. 2015·11 however, rail to pay any of the persons named in Section 3181 of the Calitbr.nia Civil Code1 or amounts due under the Unemployment fusurance Code With respect to Work or labor performed under tfae Contract, or for any amounts n<qilirecl to be deducted, witW1eld, and paid over to the B1iJployment Development Department from the wages of employees of Contractor or Subcontractors ptttsuant to Section 13020 of the Unep:i,ployment fusurance Code, with respect to such Work and labot; then Surety shall pay for the same, and also, in cttse suit is brought upon this llond, a reasonable attorney's fee, to be.fixed by the e.ourt 4. Co:nsistent with the California Mecfaanic 's Lien Law~ Civil Code §3082 1 et seq., Surety shall have no obligation to Claimants under this Bond tillle$S the Claimant bas satisfied all applicable notice reqtiliements. 5. Surety's total obligation shall not exceedthe amount of this Bond, and the amount of this Bond shall be credited for all.y payments made in good faith by Surety under this Bond. 6. Amounts due Contt'actor tlllder the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second, to satisfy obligations or Contractor and .Surety under this Bond. 7, City shall :o,ot be1i&ble .for payment of 1;1ny costs, e:xpenses, or attorney's fees o;fany Claimant unde1 this Bond, and shall have under this B.ond no obligations to make payments to, give notices on behalf of, or ,otherwise have obligations to C~aitnants undetthis Bond. · 8. Surety hereby waives notice ofanY cba:t).ge, including cllanges of time; to the Construction Contract or to related subcontracts, purcbas.e orders and other obligations. Surety further hereby stipulates and a-gtees thatno change; extension of time, alteration or addition to the l(lnns of the Consti:uction Contract, or to the Work to be perforined thereunder, or mate1fals or equipment to be furnished thereunder or the Specifications accompanying the same, $11 in any way affect its obligations under, this Bond; and it does hereby waive any requirement of 110tice oi: any such change, extension of time, alteration or addition.to the terms of the Construction Contract or to lhe Work or to the Specifications 01· any other changes. 9.. Su,it against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the lah01· or material<>, .or both, but, per Civil Code §3249, must be commenced before the expiration of six monlhs a,fter the period .in which.stop notices may be filed as provided in Civil Code §Jt84. f.O, .All notices to Surety or Contractor shall be mailed or delivered(at the addre&<:i set forth on lhe signature page of this Bond), and all notices to City shall be mailed or delivered as provide<l in·Document 00520 (Contract), Actualreceipt ofnotice b:y Suret}', City or Conttactor, howevet accomplished, shall be sufficient compliance as oftlte (fate received at• the foregoing addt'esses, 11.. This Bond has 1,Jeen furnished to comply with the California Mecpan:lc's Lien Law including,. but oot limited to, Civil Code §§5247, 3248, et seq. Any provision in this Bond co:nflicting with said statutory requirements shall be deemect deleted heiefi;om and provisions conforming to such statutory or other legal requirements shall l;>e deemed. incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a commo11 law bo11d. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly turnish a copy .of this Bond or shall permit a copy to be made. 13, Contractor shall pay to persons pe1forming labor in and about Work provided for in the Contract Documents an amount equal to pr more than the general prevailing rate of per. diem wagel'l for (1 )work of a similar character in. the locality in which the Work is petfonned and (2) legal holiday and overtime work in said locality. The per diem wages. shaH. be an amount equal to. or more than the stipulated rates contained in a sch,edule that has been ascertained and detetmintxi by the Director of the State Df}partment of Industrial Relations and City•·to be the generalprevailing rate of per diem wages for each.craft or type of workman or mechanic needed to execute. this Contract, Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. · · · City ofCupertfoo Senior Center~Mary Avenue Landscape al\d Irtlgation 00620-2 Construction L11\'.io:r and Material PaymentBond Project No. 2015-11 14. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or e.quipment for use in the performance of the Contract, as further defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil; gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code §3248(b). 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. City of Cupertino Senior Center-Mary Avenue Landscape and Irrigation END OF DOCUMENT 00620 - 3 Construction Labor and Material Payment Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Orange On OC\1>\pu 10 I /2:0 \ S before me, _K_r_i_s_t_e_n_N_e_s_s_, _N_o_t_a_r-"y'---P_u_b_l_i_c ____ _ Date Here Insert Name and Title of the Officer personally appeared __ R_o_b_e_r_t_B_. _c_o_w_a_n ___________________ _ Name(s} of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~ whose name(s;l is/are subscribed to the within instrument and acknowledged to me that he/stooMocev executed the same in his/M:erN:MMr authorized capacity(JeX), and that by his/l"U{i*~iKsignatureOO on the instrument the person(W, or the entity upon behalf of which the person(W acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. tary Public ~~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ------------ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ O Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General D Individual 0 Attorney in Fact D Trustee 0 Guardian or Conservator D Other:--------------- Signer Is Representing: ________ _ Signer's Name:------------ 0 Corporate Officer -Title(s): ______ _ D Partner -0 Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: -------------- Signer Is Representing:--------- ~'£Z,'@~'{,~~~<g<:>~~'%~~~~~~~~~~~~~~~~~~~ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Orang1:1 ) ) on OcJo bev-\~. io \i:; before me, ___ s_um_m_er_L_._R_ey_e_s_, N_o_t_ary_P_u_bl_ic ________ _ Date Here Insert Name and Title of the Officer personally appeared __ L_in_d_a_.D_. _C_oa_ts ______________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(st whose nam~ is/ftl'e subscribed to the within instrument and acknowledged to me that fl:elshe/t-l=tey executed the same in -his/her/fAeir authorized capacity(ies), and that by+#s/her!H=teir signatur.e(ston the instrument the person~, or the entity upon behalf of which the person(st acted, executed the instrument. SUMMER L. REYES ~ Commission # 1986627 ;ii Notary Public -California ~ z Orange County ~ L; • • ,.~5xgi~uJ'l,9~ Place Notary S$af Above I eertify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __ DzQ~-'l"v~~'---"-~l'-',4,~W+----- SignatL@a of Notary Public ------~----------------------OPTIONAL------------------------------ Though this section is optional> completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of P~ges' Slgner(s) Other Than Named Above: ------------ Capacity(ies) Claimed by Signer(s} Signer's Name:------------ 0 Corporate Officer -Title(s): ------ 0 Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other:--------------- Signer Is Representing: ________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ------- 0 Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D other: -------------- Signer Is Representing: --------- t~;-'lii;!,;..~,i;,:,~l§R>O~ii.W..~i'Wiifi:i&.<SMi&'§J.0".<$'fill.>..~·gw;;?i&ii'?'.%?<'/%"''S@',,;.'lJ!<;>§l<i?M\\'W&<i\\:!1~;¢;i;¥3,."MI>~~ ©2014 National Notary Association • www.NationalNotary.org • 1-800:-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELA WARE No. BI-7987a NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY. THESE PRESENTS, that BERKLEY rNSURANCE COMP ANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Linda D. Coats or Matthew J. Coats of Coats Surety Insurance Services, Inc. of Laguna Hills, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those n~tned therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further · · RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Coi;n;any has c used hese presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed thisli_ day of~ · , 2014. Berkley Insurance Company Attest: . /!J(_ .--3--By~.4-L~/ __ -- Ira S. Ledennan (Seal) Senior Vice President & Secretary WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. ST ATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this J3_ day of~· , 2011, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secreta and )he i Vice res.ident, respectively, of Berkley Insurance Company. KAJH.LE · ·' f EN_ COREY --l!--;,L-,j,4-4LLJ.L!!:__,,,_~--""'----''--+--__J"'1LJ.mu~BLIC necticut CONNECTICUT .. ·. COMMISSION EXPIRES OCTOBER 31, 2017 CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. th Given under my hand and seal of the Company, this~ day of , 1-o \ 5 . (Seal) An Project No. 2015-11 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of SENIOR CENTER-MARY A VENUE LANDSCAPE AND IRRIGATION PROJECT PROJECT NUMBER 2015-11 CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor ofliability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents, including, without means oflimitation, Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. ~ ll \f i OPI LIA \C\~S co. f!-l 1 :t1n l . ontractor's Name 1.qoo s. L-iAADs St- A.Aiess fl a.,be1 rn ffi ?f2,RD:C City/State/Zip City of Cupertino Senior Center-Mary Avenue Landscape and Irrigation \0.--)-0--\6 Date END OF DOCUMENT 00630 - 1 Guaranty Form W•9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. 1 Name (as sho11;1n on your income tax return). Name is reqLlired on this line; do not leave this line blank. N <1l " ia'r-~~~~~~~~~-~~~~~~~~~~~~~~~~~~-~~~~~ ~ 3DCheck appropriate box for federal tax classification; check on~ly one of the following seven boxes: ~e~~mfn~~fe~.(~1~1T~d?i~~afs~I~~ 0 Individual/sole proprietor or 0 C Corporation S Corporation 0 Partnersl1ip D Trust/estate instructions on page 3): g_ g single-member U.C ~ ·-0 Limited liability company. E'.nter the tax classification (C"C corporalion, s~s corpora.lion, p,,,partnership).,. Exempt payee code (if any) ___ _ 5 ~ Note. For a slngle·member LLC that is dlsrel)arded, do not check LLC; check the appropriate box in the lln-e-ab-o-va-f~or Exemption from FATCA reporting 1: fll the tax classification of the single-member owner. code {If any) .... _c 0 (Appl/es fo accounts-maimained otits1<10 the U.S.) d: Q Other (see instructions) • !E 5 Address (number, street, and aP\.Or suite no.) Requester's name and address (optional) i .·3312 ·:r: 1AJ , bo. rd·-t'41 6rD vt---12.l1Ld_c__ ill 6 Cny, state, and ZIP code (/) Y7 ~ c. .... Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. ~security number OJJ;~-rn==;--;-Ll~l=;==;I I or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. ~er identification number J q5 -) . 008;;20 Certification Under penalties of perjury, l certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me); and 2. I am not subject to backup withholding because: (a) r am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by tt1e IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other Iha interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted atter we release it) is at www.irs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number ($SN), individual taxpayer identification number (!TIN), adoption taxpayer identification number (AT!N), or employer identification number (EIN), to report on an Information return the amount paid lo you, or other amount reportable on an Information return. Examples of information rE>tums include, but are not lim lted to, the following: • Form 1099-INT (Interest earned or paid) • Form 1099-DIV (dividends, Including those from stocks or mutual 1unds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099·K (merchant card and third party network transactions) ( I •Form 1098 (home mortgage interest), 1098-E (student Imm interest), 1098-T (tuition} • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (lncludlng a resident alien), to provide your correct TIN. If you do not return Form W-9 fO the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. f3y signing the filled-out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject lo backup wlthholdlng, or 3. Claim exemption from backup withholding if you are a U.S. exempt payoo. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What iii FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W-9 (Rev. 12-2014) Fann W·9 (Rev. 12-2014) Line 2 If you have a business name, trade name, DBA name, or disregarded entity name. you may enter it on line 2. Line 3 Check the appropriate box in line 3 for the U.S. federal lax classification of the person whose name is entered on line 1. Check only one box In line 3. Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership tor U.S. federal tax purposes, check the "Limited Liability Company" box and enter "P" in the space provided. It the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the "Limited Liability Company" box and in the space provided en1er "C" ror C corporallon or''$" Fors corporation. If it is a single-member LLC t11at is a disregarded entity, do not check the "Limited Liability Company" box: instead check the first box in line 3 "Individual/sole proprietor or single-member LLC." l...ine 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exen1pt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third par1y network transactions. • Corporations are not r,;xe111pt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1-An organization exempt from tax under section 50t(a), any IRA, or a custodial account under section 403(b)(l) if the account satisfies the requirements of section 401(0(2) 2-The United States or any of its agencies or instrumentalities 3-A state, the District of Columbia, a U.S. commonwealth or possesston, or any of their political subdivisions or instrumentalities 4-A foreign government or any of Its pol!tlcal subdivisions, agencies, or instrumentalities 5 -·A corporation 6~A dealer In securities or commodities required lo register In the United States, the District of Columbia, or a U.S. commonwealth or possession 7 -A futures commission merchant registered with the Commodity Fut~ires Trading Commission 8-A real estate investment trust 9-An entity registered at all times during the tax year under \he hwr,;stment Company Act of 1940 10-A common trust fund operated by a bank under section 584(a) 11 -A financial institutio11 12-A middleman known in t11e investment community as a nominee or custodian 13-A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from back~1p withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment Is for ••• THEN the payment is exempt for ... --~-------------~..-. .... 1--~-~~--~--------~ Interest and dividend payments All exempt payees except for 7 --~-~---~·---.. -~-·-~-~~·-~ ~-~~~~·----------- Broker transactions Exempt payees 1 through 4 and 6 through 1 i and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and patronage dividends Payments over $600 requlrea to be reported and direct sales over $5,000' Exempt payees 1 through 4 Generally, exempt payees 1 through 5~ --------~-·--··-------!--------------·- Payments made in settlement of payment card or third party network transactions Exempt payees 1 through 4 1 See Form 1099-MISC, Miscellanaoe1s Income, and its instructions. Page3 'However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and !1ealth care payments, aHorneys' fees, gross proceeds paid to an attorney reportable under section 6045(0. and payments for services paid by a fedoral executive age11cy. Exemption from FATCA reporting code. The follow;ng codes identify payees that are exempt from reporting under FATCA. The<e codes apply to persons submitting this form for ~~wunls maintained outside of \he United States by certain foreign financial institutions. Therefore, If you are only submitting this form for an account )'OU hold in the United States, you may leave t11is field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing )'OU with a form W-9 with "Not Applicable" (or any similar Indication) written or prh1ted on tile line for a FATCA exemption code. A-An organization exempt from tax under section 501(a) or any individual retirement plan as defined in sec1ion 7701(a)(37) 8-The United States or any of its agencies or Instrumentalities C-A state, the Dlstric1 of Columbia. a U.S. commonwealth or possession, or any of 1heir political subdivisions or instrunwntalitias D-A corporation the stock of which is regularly traded on one or more established securities markets, as described Jn Regulations section 1.1472-1 (c)(1 )(i) E-A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.14 72· 1 (c)(1 )(i) F-A dealer in securities, commodities, or derivative financial Instruments (Including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G-A real estate Investment trust H-A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 1-A common trust fund as defined in section 584(a) J-A banl1 as defined In section 581 K-A broker L-A trust exempt from tax under section 664 or described in section 4(l47(a)(1) M-A tax exempt trust under a section 403(b) plan or sec1ion 457(g) plan Note. You may wisl11o consul1 with the financial institution request;ng this form to determine wheiher the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number. street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. Line6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number {TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individLial taxpayer identification number (ITIN). Enter it in the social security number box. If you do not ilave an ITIN. see Now lo get a TIN below. If you are a sole proprietor and you have an EIN, you 111ay enter either your SSN or EIN. However, t11e IRS prefers that you use your SSN. It you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on this page). enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC Is classified as a corporation or partnership. enter the entity's EIN. Note, Sae the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS·5, Application for a Social Security Card, from your local SSA otflce or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number. to apply for an ITIN, or Form SS·4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing 1he IRS website at www.irs.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1 ·S00-829·3676). If you are ask0d to complete Form W·9 but do not hav.; a TIN, apply for a TIN and write "Applied For" in the space for 1he TIN, sign and date the form, and give it to the requester For Interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other 1ypes ol payments. You will be subject to backup withholding on ell such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied tor a TIN or that you intend to apply !or one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.