The URL can be used to link to this page

16-034 Vintage Contractors, Inc., Project Number 2015-04, CSC East Courts Resurfacing ProjectRECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27283 23497113 Regina Alcomendras Santa Clara County -Clerk-Recorder 11/14/2016 01:15 PM Ti ties: 1 Fees: $0.00 Taxes: $0 Total : $0.00 Pages: 3 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION CITY PROJECT NAME: CSC East Courts Resurfacing Project (City Project No. 2015-04) Original D For Fast Endorsement "NO FEE" City of Cupertino NOTICE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion dated October 12, 2016 for CITY PROJECT NAME: CSC East Courts Resurfacing Project (City Project No. 2015-04) and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on January 21, 2016 and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: By: November 14, 2016 Lauren Sapudar Senior Office Assistant CUPERT INO Recording Requested By: When Recorded Mail To : City of Cupertino 10300 Torre Ave . Cupertino, CA 95014 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE NOTICE OF COMPLETION Civil Code§§ 8182, 8184, 9204, and 9208 NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is the agent of the owner of the project described below. 2. Owner's full name is: City of Cupertino , California. 3. Owner's address is: City Hall, 10300 Torre Ave ., Cupertino, CA 95014. 4. The nature of owner's interest in the project is: .lL Fee Ownership Lessee Other _________ _ 5. Construction work on the project performed on the owner's behalf is generally described as follows: City Project Name: CSC East Courts Resurfacing Project (City Project 2015-04) 6 . The name of the original contractor for the project is : Vintage Contractors, Inc. 7. The project was completed on: November 04, 2016 8. The project is located at: 21111 Stevens Creek Blvd . Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. November 14, 2016; Santa Clara County ~-· Timm Borden Director of Public Works and City Engineer Project No. 2015-04 DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS CSC EAST COURTS RESURFACING PROJECT PROJECT NUMBER 2015-04 THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and entered into this seventh day of November, 2016, by and between the C ity of Cupert ino ("City"), and Vintage Contractors, Inc. ("Contractor"), whose place of business is at 2367 Ocean A ven ue, San Francisco, CA 94127 RECITALS A. City and Contractor entered into Contract Number 2016-506 (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 $ 477,600.00 Modified Contract Sum $ 496,919.26 Payment to Date $ 466,673.31 Liquidated Damages $ -0- Payment Due Contractor $ 30,245.95 2. Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of THIRTY THOUSAND TWO HUNDRED FORTY FIVE Dollars and NINETY FIVE Cents {$30,245.95) 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. C ity o f Cupert ino 0065 0 -I Agreement and Re lease of Any and All Cla im s CSC East Courts Res urfaci ng P roj ect, #2 01 5-04 Project No. 2015-04 4. The following claims are disputed (hereinafter, 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 7 I 00, 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 immediately defend, indemnify and hold harmless the City of Cupertino, 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 counse l 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. City of Cupertino 00 65 0 - 2 Agreement and Re lease of Any and All Clai ms CSC East Courts Res urfacin g Project, #2015-04 Project No. 2015-04 * * * CAUTION: THIS IS A RELEASE -RE A D BEFORE EXECUTING * * * THE CITY OF CUPERTINO, a Municipal Corporation of the State of California B~ AITES~. . . IJt If -2.J ,fG City Clerk Name : 6er.<Z A. W~rd.s 1ts: __ \J_ic.a __ r _te1_~\_d.ett:_.,___ __ _ By:~ Name: Clttr-lr\.~ \.\ . More\tft'\d "![_ Its : __ P_r-e_~_~c:i.e._"1--~----- REVIEWED AS TO FO RM : ? Ci ty Attorney N o ~ ho..r \ 1 ti-20 ------------' L--b END OF DOCUMENT City of Cupertino 00650 - 3 Agreement and Release of Any and All Claims CSC East Courts Resurfacing Project, #2015-04 Project No. 2015·04 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this 16th day of March, 2016, by and between VINTAGE CONTRATORS, INC. whose place of business is located at 2367 Ocean Avenue San Francisco, CA 94127 ("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 March, 2016 awarded to Contractor the following Project: PROJECT NUMBER 2015 ... 04 CSC EAST COURTS RESURFACING PROJECT NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, , Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Katy Jensen, 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 Callander Associates Landscape Architects 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. City of Cupertino 00520 ·I Contract CSC East Courts Resurfacing Project Project No. 2015-04 Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The project is separated into two distinct phases and the City shall issue a separate Notice of Proceed for each phase. No phase shall begin until the Contractor receives a written Notice to Proceed from the City and liquidated damages shall apply to each, individually, based on the following phase schedule: Phase 1 shall commence on or about April l, 2016 with a sixty (60) calendar-day duration subject to 00800 Special Conditions 2.2, Work Days and Hours. Phase 2 shall commence on or about August 15, 2016 with a seventy-eight (78) calendar-day duration subject to subject to 00800 Special Conditions 2.2, Work Days and Hours. The Contractor shall completely demobilize between phases and no storage of equipment or materials is permitted on site. The entire Contract Time will commence on the date indicated in the Phase 1, Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Assuming Council authorization on March 15, 2016, Contractor's swift submittal of necessary documents, and expedited contract execution, Notice may be given approximately by April l, 2016. Contractor shall not perform fil1X Work at the Site prior to the date on which the Contract Time commences. 3.2 Liguidated 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 for exceeding the phase duration as specified above. 3 .2.2 $3,000 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 Wildlife, 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. City of Cupertino 00520-2 Contract CSC East Courts Resurfacing Project Project No. 2015-04 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, perfonnance 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. City of Cupertino 00520-3 Contract CSC East Courts Resurfacing Project Project No. 2015-04 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00400 Bid Form Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00510 Notice of Award Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notice to Proceed Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Special Environmental Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specification/Special Provisions Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7 .2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). City of Cupertino 00520-4 Contract CSC East Courts Resurfacing Project Project No. 2015-04 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act ( 15 U .S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northern.httnl and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference( or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title l, Division 3.6, Part 3, Chapter 5. City of Cupertino 00520-5 Contract CSC East Courts Resurfacing Project Project No. 2015-04 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. CSC EAST COURTS RESURFACING PROJECT, PROJECT NUMBER 2015-04 CITY: CITY OF CUPERTINO, a Municipal Corporation of the State of California Attest: ~r City Clerk: Grace SChtnt Approved as to form by City Attorney: L~ City Attorney: Randolph Stevenson Hom ~ 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. David Brandt, City Manager of the City of Cupertino, a Municipal Corporation of the State of California Designated Representative: Name: Timm Borden Title: Director of Public Works Address: 10300 Torre Ave., Cupertino, CA 95014 Phone:408-777-3354 Facsimile: 408-777-3333 AMOUNT: $ 477,600.00 ACCOUNT NUMBER: 420-90-904-900-905-SPCT 003-03-01 FILE NO.: 92,053.08 CONTRACTOR: VINTAGE CONTRACTORS, INC. [_Contractor's name_) Gene A. Edwards [Please print name here] Title: Vice President [If Corporation: Chairman, President, or Vice President] [Please print name here] Title: Secretary [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, o.r Assistant Treasurer] 416130 C12 C39 C13 State Contractor's License No. Classification 12/31/2017 Expiration Date Taxpayer ID No. __ 94_-_27_7_5_97_3 _______ _ Name: ___ G_e_n_e_A_._E_d_w_a_rd_s _____________ ___ Title: __ v_i_ce_Pr_e_si_de_n_t __________ _ Address: _2_3_6_7 _0_c_ea_n_A_v_e_, _sa_n_F_r_an_c_is_c_o_, C_A_9_4_12_7 __ Phone: __ (._4_15....,)_2_82_-_16_0_2 _________ _ Facsimile: (415) 282-1603 NOTARY ACKNOWLEDGEMENT 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 f4,.,t_.~re7.~ Please see attached California Acknowledgement Contract CSC East Courts Resurfacing Project 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. ) ) GA/vM ~. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ...i~/are subscribed to the within instrument and acknowledged to me that IJ.fij-st'le/they executed the same in hjstl<r~/their authorized capacity(ies), and that by hi.s~~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Signature~(/' Signature of Notary Public c{/#i/!f2/7 ~ ~~~~~~~~~~~~~~~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 , . ~ ~.,, ~v;('....?2~P<A?f /7,6?,.::J(;~}-/'VJef~,1''1.tdL Title or Type of Document: C.SG:-6::8::17 tAJ?t'~ 11' Document Date: 1?3 ·Z_J .-.<.,;,£& c0:J1j,.,;;1'7 Number of Pages: -RL Signer(s) Other Than Named Above: IL.---- Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ ~orporate Officer -Title(s): ______ _ D ~rtner -D Limited D General D Corporate Officer -Title(s): ______ _ 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 EXHIBIT "A" Project No. 20 I S-04 DOCUMENT 00400 BID FORM To be submitted 11s part of Envelope "A" by the time and date specified in Document 00200 (Instructions to -Bidders). TO THI£ HONORABLE CITY COUNCIL OF 'fHE CITY OF CUPERTINO THIS BID IS SUBMITTED BY: VINTAGE CONTRACTORS, INC. Rei PROJECT NUMBER 201$-04 CSC EAST COURTS RF!SURFACJNG PROJECT l. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cqpertino ("City") in the form included in the Contract Documents, Document 0:0520 (Contract), to perform and furnish all Work as-specified ot indicated in the Contract Documents for the Contract Sum-ano within th:e Contract Time indicated in this Bid and in accordance with all other teans and conditions of the Contract Documents. All .PQr.tlons of this -Bid Form must be completed and signed before the bid -is submitted. Failure to do so wlll result in .the bid being rejected as .non~responsi:ve. 2. Bidder accepts all of the terms and conditions of the Cc:mtract Doouments, Document 00 l 00 (Adv11rtisement for Bids), and Document 00200 (lnsttuctions to Bidders), 1ncludlng, without llmitation, those dealing with the dl11PQsidon of Bid Security. Jbis Bid will remalg sglJlect .to acceotanee for 20 pa;ys aQe[ Ute day of Dbl opening. 3. Bidder h11s visited the Site and performed all tasks, research 1 investigation, r.eviews, -examinations, and analysis and given notices, regarding the Project and the Site, as set forth in -Document OOS20 (Contract), Article 5, 4. Bidder has given City ptompt written notice of all conflicts, et:rors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and t1s•bullt drawings and actual conditions and the written resolution thereof.through Addenda issued by City is.ao¢eptable to-Contractor. S. Bidder attended the non.mandatory Pre~Bid Meeting. YES_2L NO_ 6. Subcontractors for work inc.duded in all Bid items, Jn accordanlile with· the criteria in the Public Contract Code, are listed on the attached Document 00430 (Subcontractors List). 7. The undersigned Bidder understands that·City reserves the right to reject this Bid. 8, If written n0tice of the acceptance of-this Bid, hereinafter refetted to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time des.cdbed in paragt'aph 2 of this Document 00400 or at any other time thjiireafter before it is withdrawn, the undersigned Bidder wllt execute and .deliver the documents required by Document 00200 (Instructions to ·Bidders) within the times 11pe-cifled thel'ein. These documents include, but are not Umlted to, Document 00520 (Contract), Document 00610 {Construction Performanc!! ·Bond), and Document 00620 (Construction Labor and Matetlal Payment Bond). 9. Notice of Award or request for additional Information may be addressed to the undersigned Bidder at th.e address set forth below on the signature page. City of Cupertino Bid Form CSC East Courts Resurfacing Project 00400-1 EXHIBIT"A" Project No. 2015·04 10. The undersigned Bidder herewjth encloses cash, a cashier's cheek, or certified check of or on a responsible bank in the United States, or a corp-0rate surety bond furnished by a surety authorized to do a surety business in the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent (I 0%) of the total of Base Bid and made payable to the "City of Cupertino". 11. The undersigned Bidder agrees to co1muenoe Work under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520 (Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform irtdepe.ndent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned .Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents. 12. The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages for failure to complete all Work In the Contract within the time specified in Document 00520 (Contract) shall be as set forth in Document 00520 (Contract). NOTICE Required Con.tractor and Subcontracto.r Registration l, Owner shall accept Bids only from Bidders that (along with all Subcontractors listed in Document 00430, Subcontractors List) are currently re.gistered and qualified to perform public work pursuant to Labor Code Section 1725.5 .• 2. Subject to Labor Code Sections 1771.l(c) and (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 7029.1) or if federal funds are involved in the Con.tract (Labor Code Section 1771.l(a)), Owner may accept a non ... complying Bid pr.ovided that Bidder and all listed Subcontract.ors are registered at the time of Contract award. City ofCt!perti110 BidFonn CSC East Courts Resurfuciug Project 00400-2 EXHIBIT"A" Project No. 2015-04 SCHEDULE OF BID PRICES All Bid items, including lump sums and unit prices, must be filled in completely. Allowances and Alternative Bid items are described in Document 00800 (Special Conditions). Quote in figures only, unless words are specifically requested. Please Note that time extensions will NOT be pel'mitted with the acceptance of any 01• alJ of the Alternative Bid Items listed below. Complete all work for the CSC East Courts Resurfacing Project as shown in the Plans and Proiect Manual LS TOTAL BASE BID $'\=lo'-( 6 oo . o o .f'oCt~ l~N\)~ '$fl,.VIUJ.."'l:'\ _;$' ~~ 1'~v.)'#tf' 0 ~fie 1-tu,vJ>~ 'D ...,<...~ Amount in words Unit Legend LS= Lump Sum EA= Each LF = Linear Feet TON =Ton or 2,000 Pounds CY• Cubic Yards lB =Pounds City ofCupertitio CSC East Courts Resurfacing Pt'oject AL = Allowance SF= Square Feet 00400. 3 Bid Form EXHIBIT "A" Project No. 20 l s.04 ACKNOWLEDGEMENT OF RECEIPT OJI' ADD.ll!NDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Adden<lum No. AQ.dendum Date Bidder proposes and.agrees to fully per:form the Work within the time stated and ·in strict accordance with the Contract I)ocuments for the sums of money Usted .in this Bid Form. NAME OF BIDDERi ... VINT t.)pEqQO~TRACTOBS, INC. licensed in aecordance with an act for the registration of Contractors, and with license number: _4_..1_6 ....... 1 ....... 3._0...._. ____ _ Expiration Date; .. 1.2/31/201.7 . California Clarence H Moreland Ill, President Where incorporated, if applicable Gene A Edwards, Vice President Principals I certify (or declare) under penalty of perjury under the laws of the S ::foregoing is true and correct. NOTE: If Bidder is a corpora.don, set forth the legal name of the corporation, state where incorporated, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth. the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. Business Address: Officers authorized to sign contracts: Telephone Number(s): Fax Number(s): E·Mall Address: City of Cupertino CSC East Courts Resu.rfiloing Project 2367 Ocean Avenue ··san Francisco, QA 941.~7 Clarence H Moreland Ill, Presldent Gene A Edwards, Slice President T{ied Full Name: 415) 282-1602 (415) 282-1603 vlncon@vintagecontractors.com ENO OF DOCUMENT Bid Form 00400~4 EXHIBIT "A" Project No, 2015-04 DOCUMENT 00411 BOND ACCOMPANYING BID KNOW ALL BY THESE PRESENTS: That the undersigned Vintage Contractors, Inc.as Principal, and the undersigned as Surety, are held and firmly bound unto the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), as obligee, in the penal sum of Ten Percent (10%) of the Amount Bid Dollars ($--·---·---·-------) lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal Vintage Contractors, Inc. 's Base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is submitting a Bid for City Project No. 2015-04, CSC EAST COURTS RESURFACING PROJECT. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Constmction Labor and Material Payment Bond, insurance certificates, and all ether endorsements, forms, and documents required under Document 00200 (Instructions to Bidders), then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument this __ 2_n_d __ day of March , 20 1&_. (Co1porate Seal) (Corporate Seal) City of Cupertino CSC East Courts Resurfacing Project By By Nationwide Mutual Insurance Company Surety Mary:Baiz, Attorney in Fact END OF DOCUMENT Bond Accompanying Bid 00411-1 EXHIBIT "A" CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ~~~~~-~~~~~~~~~~"'~·~ A notary public or other officer completing this certificate verifies only the Identity of the lndlvldual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Mateo on March 2, 2016 before me, __ D_e_b_o_ra_h_M_. _K_n-"ip..._p_,_, _N_o_ta_ry..__P_u_b_lic _____ _ Date Here Insert Name and Title of the Officer personally appeared __________ M_a_.ry'--P ..... _B_a_e_z ___________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name(.M) Is/~)( subscribed to the within Instrument and acknowledged to me that ~heJ}(i)(\Xexeouted the same in }Q)qher~~authorized capaclty(W[lr4, and that by )'4~her~J!(signature(~ on the Instrument the person()O, or the entity upon behalf of which the person(M) acted, executed the Instrument. .. DEBORAH°"M~KNiPP " i COMM. #1'979771 z Notary Public • California ~ San Mateo County ..... M Comm. Expires May 26, 2016 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. ~~~~~~~~~~~~~--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 -Tltle(s): ------ 0 Partner -0 Limited 0 General D Individual IX! 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 [J Individual 0 Attorney in Fact D Trustee D Guardian or Conservator D Other: -------------- Signer Is Representing: --------- <l1$<$isil!OW\1·'1.iW<.i~·wM<W.&M:•.~&j\ ... lM'3\lilmiWS<'i\>W~'!i~~ro;i ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item 415907 EXHIBIT "A" KNOW ALL MEN BY THESE PRESENTS THAT: Power of Attorney Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual lnsuranoe Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa oorporatlon AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies,'' each does hereby make, constitute and appoint: GREGORY D. MCCARTNEY MARY P.BAEZ JAMES E. MCGOVERN BELMONT CA each In their Individual capacity, Its true and lawful attorney-In-fact, with full power and authority to sign, seal, and execute on Its behalf any and all bonds and undertakings, and other obligatory Instruments of similar nature, In penalties not exceeding the sum of ONE MILLION AND N0/100 DOLLARS $ l,000,000.00 and to bind the Company thereby, as fully and to the same extent as If such Instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney Is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby Is, authorized and empowered to appoint attorneys-In-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of Indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory In naturethatthe business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall In no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys-In-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power ot attorney Issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney Is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vic·e president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, Instruments, contracts, or other papers In connection with the operation of the business of the company In addition to the chalrman of the board, the chief executive offlcer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contraot, Instrument, or other papers of the Company. JN WITNESS WHEREOF, the Company has caused this instrument to be seiillaled and duly attested by the signature of its officer the ~ day of February , 2914 . A'~r.~~ 4'!~..,,~~lto. c~ . -{.Jt-' '"··~\ #~~··~;;;~'.. Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company .,:ffSEALi°fif f !SEALi i and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, \'\ '"""" /"-' \•\ /•• AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance 'ft~"'6iwaw.f.,..,." ~-..#iiroiAii:~i°"-" Company ~, ... ~ "' .......... ,.. .... ,.~ ... 1~~·~~~.. 4~~l~ '-fl'~· <l"'"ll \\\~ ilFI ""'""' ·~· \·~~EA~J.1 \i{~EA~)lj ~,\;f;.l.~ ... "r:.~t:,," ... ~:;,-.~ ... ,.. ... ACKNOWLEDGMENT STATE OF IOWA, COUNTY OF POLK: ss On this ~day ot February, gQli, before me came the above-named officer for the Companies aforesaid, to me personally known to be the officer described lh and who executed the preceding Instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he Is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said Instrument by the authority and direction of said Companies • ,, ~ ...... ~~ .-::1~~!1!!!~~ i~s·· .:;';'L\1\ ! zs·· 'EAL··r~ Noto~~~":c~~~~own J: •·· ~i. '"'°' ,;t, "' Cnnu11IRRl011 Nunll1cr lSZ78S ,. ' '"• ; .: • Notary Public ·~ ··~~·~{ 1 ~:~~~<.,;..-" My C1m1mlnslon Ex11Jr~.~ Mlll'ch, 24, 2017 My Commission Expires 'l-.w:.-;.fr ~ ... ---CERTIFICATE March 24, 2017 I, Robert W Horner Ill, Secretary of the Companies, do hereby certify that the foregoing Is a full, true and correct copy of the original power of attorney Issued by the Company; thatthe resolution Included therein Is a true and correct transorlptfrom the minutes of the meetings of the boards of directors and the same has not been revoked or amended In any manner; that said Terrance Wiiiiams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said Instrument by the authority of said board of directors; and the foregoing power of attorney Is still In full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this 2nd day of March , 20 16 • &lo-t f--,,,_, ,tJ'---d Secretary · This Power of Attorney Expires _ ___..12 ... 1 ..... os ... 1 .... 1 .... 6 ___ _ BDJ 1(03-14) 00 24318 EXHIBIT"A" Project No. 2015·04 DOCUMENT 00430 REQUIRED SUBCONTRACTORS LIST Bidder must provide the following Listed Subcontractor information in conformance with the California Public Contract Code where the value of the Subcontractor's work is or exceeds~ ofone percent (0.5%) efthe Base Bid or ten thousand dollars ($10,000), whichever is greater, on Document 00400, Failure to do so·wlJl render Bid Non Responsive. Bidder is reminded that Listed Subcontractors cannot be substituted by the Apparent Low Bidder after Bid has been submitted and opened, wlthout City's formal approval. Name of Subcontractor Description of Subcontractor's DIR Registration and Location of Place of Business Work License No. Number NONE Attach additional sheets if necessary NOTICE: Required Contractor and Subcontractor Registration I) 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 Labor Code Section 1725.5. 2) Subject to Labor Code Sections 1771.l(c) and (d), any Bid not complying with paragraph above, shall be returned and not considered; provided that if Bidder ls a joint venture (Business & Professions Code Section 7029.1) or if federal funds are involved in the Contract (Labor Code Sec.don 177-1. l(a)), Owner may accept a non-complying Bid provided that Bidder and all listed Subcontractors.are registered at the time of Contract award. END OF DOCUMENT City of Cupertino 00430· I Subcontractors List CSC East Courts Resurfacing Project EXHIBIT "A" DOCUMENT 00481 NON•COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE §7106 Project No. 2015·04 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) S I /l ) ss. COUNTY OF o.Y\'T"I-L.:.rt.J"Z.) G~ Ard nanM §J,'6lCU""!s being first duly swor ' say~ that J2e Qf-hfE. is _,,.~,_,,_--=--=~~~~~=----........ .----:.-.[Office of Aftiant) of ' e rro.c..wR51Name of Bidder], the party making the foregoing Bid, that the Bid is not made in the int rest of, or on behalf of, any undisclosed person, partn1mihip, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and has not directly or indirectly coltuded, conspired, connived or agreed with any bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding, and that the Bidder has not In any manner, directly or Indirectly, sought by contract, communication or conference with anyone to fix the Bid price of Bidder or any othe1· bidder, or to fix any overhead, profit or cost element of the Bid price, or·of that of any otl1er bidder, or to secure any advantage against the City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly, submitted its Bid prlce or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depesitory, or to any member or agent thereof to effectuate a collusive or sham Bid. Executed under penalty of perjury under the laws of the State of California: ~l 1:kjk a e. CwiYa.c:!o gs Inc~ Subscribod and •wwn bofuro me Jf:.)21/j.,e, ~ b &Av00\n/$ This 'J 'th.. day of fflg rt-<b , 20_/h Notary Public of the State ~of~. ~~ In and for the County of _ -~ My Commission expires · , g (Seal) JERALINE SINGH EDWARDS,, COMM. II 2078841 ~ NOTARY PUBLIC • CALIFORNIA (j) SANTA CRUZ COUNTY 0 . -..COMM. EXPIR£S SEPT. 16 018 _. (If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partne1·ship or venture.) (If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.) (If Bidder's affidavit on this form is made outside the State of California, the official position of the person taking sucll affidavit shall be certified according to law.) END OF DOCUMENT City ofCupe11i110 00481 ~ l Non-Collusion Affidavit CSC East Courts ResutfOOing Project EXHIBIT"A" ACKNOWLEDGMENT -Anotary*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 trutllfulriess, accuracy, or validit of that document State of California County of SANTA CRUZ on MARCH 4, 2016 before me JERALINE SINGH EDWARDS ·~~~~~~~~~~~~~~~~- (insert name and title of the officer) personally appeared GENE ANTHONY EDWARDS who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. :I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .i ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~-3/11/2016 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 have ADDITIONAL INSURED provisions or 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 McGovern Insurance CONTACT NAME: 1625 El Camino Real PHONE 650-593-8216 I FAX 650-594-9130 Belmont, CA 94002 IA/C No Extl: fA/C Nol: E-MAIL ADDRESS: INSURER($) AFFORDING COVERAGE NAIC# www.jemins.com INSURER A: Gemini Insurance Company A+ XV 10833 INSURED INSURER B: Nationwide Mutual Insurance Co A+ XV 23787 Vintage Contractors Inc. INSURERC: Topa Insurance Comoanv A-VII 18031 2367 Ocean Avenue San Francisco CA 94127 INSURER D: Everest National Insurance Comoanv A+ XV 10120 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 28936747 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF ,~~MiYv~fv, LIMITS LTR l"'"D WVD POLICY NUMBER IMM/DD/YYYYI A --'--COMMERCIAL GENERAL LIABILITY I I VCGP012700 4/15/2015 4/15/2016 EACH OCCURRENCE $ 1,000,000 ~ CLAIMS-MADE [LJ OCCUR DAMAGE TO RENTED $ 50,000 PREMISES fEa occurrencel MED EXP (Any one person) $ 5,000 - PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 A Fl [{]PRO-DLoc PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: Deductible $ 5,000 B AUTOMOBILE LIABILITY I ACP 7844955221 4/1/2015 4/1/2016 ~~~~~\;i~~t~INGLE LIMIT $ 1,000,000 ~ --'--ANY AUTO BODILY INJURY (Per person) $ -OWNED _L SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY AUTOS --'--HIRED _L NON-OWNED rp~~~~~le':.t~AMAGE $ AUTOS ONLY AUTOS ONLY $ c UMBRELLA LIAB H OCCUR I XL-6600775-05 4/15/2015 4/15/2016 EACH OCCURRENCE $ 5,000,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I I RETENTION$ $ D WORKERS COMPENSATION I 7600130241-51 4/1/2015 4/1/2016 ; I ~f~TUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE D EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? NIA (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: CSC East Courts Resurfacing@ 21111 Stevens Creek Blvd, Cupertino Proj#2015-04 City of Cupertino, its directors, officers, agents and employees are named as Additional Insured & Primary Phrase: See Attached *30 day written Notice of Cancellation, except for non-pay of premium which is 10 days. CERTIFICATE HOLDER CANCELLATION City of Cupertino 10300 Torre Avenue Cupertino CA 95014 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 28936747 I VINTA-1 I 15/16 -PER PROJECT I MaryAnn Wormnn j 3/11/2016 10:14:02 AM (PST) I Page 1 of 11 Policy:x~~~Q.t~:rl!o CG20100413 Insured Na.!'19: 'Y.ln~age. Contractors Inc. Effective Date: _3f9/2_D1~. ·~-·· ·-· TIUS ENDORSE1\1ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Oraanizationtsl Location(sl Of Covered 01>erations FOR NON-RESIDENTIAL AND NON-MIXED FOR NON-RESIDENTIAL AND NON-MIXED USE PROJECTS ONLY USE PROJECTS ONLY Any person or organization when you and such All locations for~hich you arid the additional person or organization have agreed in writing .in a insured have agreed in writing in a contract prior contract, prior to an occurrence that causes "bodily to an occurrence 'that causes "bodily injury", .injury", "property dam.age" or "pers,Q.nal and "property damage" or "personal and advertisting advertising injury", that such person o.r organization injury". be added as an additional insured on your policy. Informationreouired to com'Dlete 1hls Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured Is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "perstJnal and adVertising ihjuiy" caused, in Ill/hole or in part, by: · 1. Your acts oromission5; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s} at the location(s} designated above. However: 1. The insurance afforded to 5uch additional insurad only applies to the extent pe1111itled by law; and 2. If coverage provided 1o the adaltional insured is required by a contract or agreemen~ the insurance afforded to such additional il'15ured will not be broader than thatwhich you are required by the contract or agreementto provide for such additional insured. B. With respect to 1he insurance afforded 'ID these additional insureds, the following additional exclusions apply: This insurance does not apply to "bed!ly injury" or "property damage" occurring after: 1. All \Wrj<, including materials, parls 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(sJ at the location of the covered operations has been comple1ed; or CG20100413 l of2 28913027 I VINTA-1 I 15/16 -!>ER PROJECT I M•ryAnn Worman I 3/9/2016 3:28•52 PM (!>ST) I Page 4 of l1 2. That portion of "your wcrk" out Of which the injury or damage arises has been put to lls 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 foUov.fng is added to section 111-Limits Of Insurance: · If coverage provided to the additional insured ls required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance: 1. Requi~ed by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown In 1he Declarations; Whiche\ler is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Additional Insured: City of Cupertino, its directors, officers, agents and employees ~5-~ Steve S. Suissa, McGovern Insurance CG20100413 2of2 29913027 I VIN'l'A-1 J lS/16 -PER PROJECT I Marylum Worman I 3/9/2016 3:28152 PM (PST) I Page 5 of 11 Policy: Y~?PP12700 ....... . CG.20870413 Insured Name~ 'i. Vintag~. Qontractol'.3-lnc. Effective Date: 3f~F29_1e. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following:_ Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Omanization(sl Location And Description Of Comoreted Onm-ations FOR NON-RESIDENTIAL AND NON-MIXED FOR NON-RESIDENTIAL AND NON-MIXED USE PROJECTS ONLY USE PROJECTS ONLY Any person or organization when you and All locations and completed operations for such person or organization have agreed in which you and the additional insured have writing in a contract, prior to an occurrence agreed in writing In a contract prior to an that causes "bodily injury", "property damage" occurrence that causes "bodily injury", or "personal and adVertising injury'', that such "property damage" or "personal and person or organization be added as an advertising injury". additional insured on your policy. ·csc East Courts Resurfacing @ 21111 Stevens Creek Blvd, City of Cupertino, its directors, officers, agents and employees Cupertino Proj#2015-04 Information required to comolete this Schedule, if not shown above will be shown in the Declarations. A. Section II -Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage"· caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endossement performed for that additional insured and Included in the "products-completed operations hazard". . However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured Is required by a contract or agreement, the insurance afforded to such adcfdlonal insured will not be broader than that whieh you are required by the contract or agreement to provide for such additional insured B. With respeot to the insurance afforded to these additional insureds, the following is added to section Ill - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount Of insurance: 1. Required by the contract or agreement;·or 2. Available under the applicable Limits of Insurance shown In the Declarations; whichever is less. CG2037 0413 28913027 I VXNTl\•1 I 15/16 -Plll! PROJECT I MaryAnn llor11181l I 3j9/20l6 3:2B:52 PM (PST) I Page 2 of 11 1 of2 This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Steve S. Suissa, McGovern Insurance CG2037 0413 2of2 20913027 I VINTA•l I lS/16 -PER PROJECT I MaryAnn lfoxmo.n I 3/9/2016 3120152 PH (PS:J:J I ~age 3 of 11 Policy:. YQGP012700 J:naured Name; V!.!lt~g~ Cc;ir:itr~~to_r:s. Irip .. CGZ0010413 Etfeciiw Date: 4/15!2015 .. TIDS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARYANDNONCONTRIBUTORY- OTHER INSURANCE CONDITION This endorsement modifies insurance.provided under the following: Commercial General liability Coverage Part The following is added io the other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory lnsuranee This insurance is primacy to and w.ill not seek contribution from any other insurance available to an additional insured under your po.licy provi~d that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primacy end would not seek contn"but.ion :from any other insurance available to the additional insured. Additional Insured: City of Cupertino, its directors, officers, agents and employees Steve S. Suissa, McGovern Insurance CG20010413 1 ofl , 2S913027 I vr""'A-l I 15/16 • PER PROJECT I MaryAnn >lorman f 3/9/2016 3:28:52 PM (PST) I Page 9 of ll Policy Number: VQ_Qf01.UQCL. ..... VE01 841213 Ins~ N~!D8:~n~age .~9.!lt~ct.9.r_s !r:ic;, •. ,_ ·-· ----···· Effective Date: $/9/2016 -··~ . .. .. . ~.·:..-.. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS(S) GENERAL AGGREGATE LIMIT -SUBJECT TO A MAXIMUM AGGREGATE This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part · SCHEDULE Designated Construction Projed(s): All construction projects for which you have agreed in writing in a contract, prior to an occurrence that causes "bodily injury'', ''property damage" or ''personal and advertising injury", to provide project specific limits. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A, and tor all. medical e>cpenses caused by accidents under Section I -Coverage C, which can be attributed only to ongoing operations at a slnafe designated construction project shown in the Schedule above: 1. A separate Designated Cornrtruction Project General Aggregate Limit applies to each designated construction project, and that lfmlt is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of ''bodily injury" or ''property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage c regardless of the number Of: a Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Arrf payments made under Coverage A for damages or under coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate limit for any other designated construction project shown in the schedule above. VE01841213 Page1 of2 28913027 I VINTA-l I 15/16 -PEI! li'ROJECT I Mocylum Worman I 3/9/2016 3 ,za,52 PM (PST) I l'age ? of 11 4. The limlts shown in the Declarations for Each occurrence, Damage To Premises Rented To You and Medea! E><pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the .Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 5. All payments under this endorsement are subject to the Maximum Aggregate Limit of: $ 5,000,000 The Maximum Aggregate limit is the most we will pay l.Ulder this endorsement regardless of the number of Designated Construction Project General Aggregate Limits. The Maximum Aggregate Limit is not available to pay for damages or expenses other than as set forth in the endorsement. B. For all st.ms which the insured becomes legally obligated to pay as damages caused by "ocourrences" un.der Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which cannot be attributed only to ongoil'{l operations at a single designated construction project shown in the Schedule above: 1. Arry payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the ''products-completed operations hazard" is provided, any payments for damages becaU$e of '.'bodily injury" or "property damage" included in the "products-completed operations hazard'' will reduce the Prcxluots-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The irovisions of Section Ill -Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. ~e '"2:>~ Steve S. Suissa, McGovern Insurance VE0184121S Page2of2 28913027 I VlN'l'A-1 { lS/l< -PER PROJECT I Maeyl\nn llor"""' I 3/9/201< 3t2B•S2 PM (PST) I Pago B of 11 POLICY NUMBER:VCGP012700 Vintage Contractors Inc. COMMERCIAL GENERAL LIABILITY CG 24040509 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: Blanket as required by written contract lnfonnation reauired to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have· against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Steve S. Suissa, McGovern Insurance CG 240405 09 © Insurance Services Office, Inc., 2008 Page 1of1 28913027 I VI!lTA·l I 15/16 -FER FROJECT I MacylUUl llorman I J/9/2016 3 :28•S2 PM (FST) I Page 1l of 11 a Policy Number: ACP 7844955221 Coverage Is Provided In Named Insured: Vintage Contractors Inc. Agent: James E. McGovern, Inc. 1625 El Camino Real Belmont, CA 94002 THJS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY. DESIGNATED INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Wrth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Fonn. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Omanization(s): City of Cupertino, Its directors, officera, agentS and employees (lfno entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualities as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Copyright, Insurance Services Office, Inc., 1998 - CA 20 48 (02·99) 28913027 I VlNTA·l / 15/16 -PBR PRDJ!lCT / Maey!lnn Worman I J/9/2016 3•29•52 PM (PST) / Page 6 of ll 3/9/2016 WORKERS COlilPl!NBATION AND ~PLOVERS LIABIUlY JNSURANCS POUCY WAIVER OF OUR . .hlGHT TO RECOVER FROM OTHSRS l:NDORSEMENT !' WC000313 (Ed. 4-fW.J We have tha rfgltt fD remvar our payments fram aiivona llable for an fn.IWY cavarad by this pallcy. We will not enfDrca our rfaht agafnst the persan ar Cll'gtmlz8tlon nantlKi ht the SchedUle. (fh!s agremnant ~ only to the axrant that you perfnnn WOik under a Wlltlen aontract1hat raquJraa JOU ta oblaln 1flla agreement from Us.) Thia agree111entshall not operate dlractly or lndhotly 10 buneflt MYUl'IB not named lrl lile Schedule. Any persan or organJzatlon for whom the insured has a written cardraet requiring wafver of , stibragat!on. City of Cupertino, its directors, officers, agents and employees llile endomemen! changes1he pollcv ro which It 111a1lllCIUldatld1' effGllll!W on !btle:!e Issued unlD&s clherwlse 8f8led. (Tba Womudfon bdoVI raraqufrucl ..,111111en lblsendoraemant 1s lssuad 8llbsaqll8nl to prepararlon ar 111a_pt111ay.) Endn18llll1811\ . . . t~ Y.l!J.lage Contractors Inc. COmpllnkn PmsiaitY and Casually wcorro:na (Ed.+84) 209130~7 I VlN'l'A-1 I 15/16 -PER PROJrer I Ma:ryAnn Worman I 3/9/l016 3:28;5:Z PM (PS11 I Page 10 of 11 Premium: $5,276.00 Bond No: Bd 746662 Project No. 2015-04 DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated March 181 2016, is in the penal sum of Four Hundred Seventy-Seven Thousand Six Hundred and No/100 Dollars ($477,600.00) ----------------------[which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12, attached to this page. Any singular reference to Vintage Contractors, Inc. ("Contractor"), Nationwide Mutual Insurance Company ("Surety"), tlie City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: Vintage Contractors, Inc. Name 2367 Ocean Avenue Address San Francisco CA 94127 City/State/Zip SURETY: Nationwide Mutual Insurance Company Name One West Nationwide Blvd Principal Place of Business· Columbus OH 43215 City/State/Zip CONSTRUCTION CONTRACT: at Cupertino, California. CSC East Court Resurfacing Project PROJECT NUMBER 2015-04 DATED ____ M_ar_c_h_1_6 _ _, 20~ in the Amount of$_4_7_7 ,~6_0_0_.0_0 ______ (the "Penal Sum") CONTRACTOR AS PRINCIPAL SURETY Nationwide Mutual Insurance Company' :??: Vmtage Contractors, Inc. Company' (Co'P. Soal) Company Signarure, ~ Signarure' ~ t?. ~ __ Name and Title: C\aret\Ct \\. M.O<e \aftd.1ii, Pte~d.ut Name and Ti~ ~ry P. ~ ::Attorney-in-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond. 3. If there is no City Default, Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and 3 .2 City has agreed to pay the Balance of the Contract Sum: 3.2.l To Surety in accordance with the terms of this Bond and the Construction Contract; or City of Cupertino 00610 -1 Construction Performance Bond CSC East Court Resurfacing Project 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 San Mateo On March 18, 2016 before me, _ _;:Dc....:e=-=b=--=o-'-ra=h...:....:..:.M= . ...::...K.::.:.n:..:.iiP::..i:P:...<.•...::...N.:...:o:..:.ta=ryCL...;..P-=u=b=-=lic.::.c ____ _ Date Here Insert Name and Title of the Officer personally appeared ----------'-M"-'-a~ry'-'-P..::.... =Bc...::a.:...:e:..:;:z:;..._ ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person()Q whose name(.M) is/~ subscribed to the within instrument and acknowledged to me that M*>heMiX:Xexecuted the same in *her~authorized capacityai@t and that by ~her~)( signature(* on the instrument the person()I;), or the entity upon behalf of which the personC!) acted, executed the instrument. <> DEBORAH0 M:--KNIPP "-1 COMM. #1979771 z Notary Public • California 2j San Mateo County -~ '" My Comm. Expires May 26, 2016 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~? ;d offi~ seal. ~- Signature A.~~ Signature of tary Pub/ ~~~~~~~~~~~~~~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: ___________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Partner -D Limited D General 0 Individual 5(l Attorney in Fact D Individual D Attorney in Fact D Trustee 0 Guardian or Conservator 0 Trustee D Guardian or Conservator 0 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 Project No. 2015-04 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract. 4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4, below); or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City's consent; or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety's obligations defined in paragraph 6, below, exceed the Balance of the Contract Sum, then Surety shall pay to City the amount of such excess; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. If City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6, below. 5. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors. 6. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall include, but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to, all valid and proper backcharges, offsets, payments, indemnities, or other damages; 6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's fees incurred to enforce this Bond). 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. City of Cupertino 00610-2 Construction Performance Bond CSC East Court Resurfacing Project Project No. 2015-04 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. 12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract. 12.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract including, but not limited to, "default" or any other condition allowing a termination for cause as provided in Document 00700 (General Conditions). 12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT City of Cupertino 00610 - 3 Construction Performance Bond CSC East Court Resurfacing Project Premium: Included Bond No: Bd 746662 Project No. 2015-04 DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond") is dated March 18, 2016, is in the penal sum Four Hundred Seventy-Seven Thousand Six Hundred and No/100 Dollars ($477,600.00) [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragra_phs 1 through 14, attached to this page. Any: singular reference to Vintage Contractors, lnc. ("Contractor"), Nationwide Mutual Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: Vintage Contractors, Inc. Name 2367 Ocean Avenue Address San Francisco CA 94127 City/State/Zip CONSTRUCTION CONTRACT: SURETY: Nationwide Mutual Insurance Company Name One West Nationwide Blvd Principal Place ofBusiness Columbus OH 43215 City/State/Zip CSC East Court Resurfacing Project PROJECT NUMBER 2015-04 at Cupertino, California. DATED March 16 20__!§__ in the Amount of$_4_7_7~6~0_0_.0_0 _______ (the "Penal Sum") CONTRACTOR AS PRINCIPAL SURETY C.01npany: m::s:l) Vintage Contractors, Inc. S1gnature:-=~~~~----------- Name and Title: l\Aferd. H, f\l\Orel/Af\d 1l, Pte,S.\~ Company: (Corp. SealNationwide Mutual Insmance Company Signarure: ~ f _ ~lf Name and Tit:;M:;P. Baez~omey-in-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to City, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and 2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety, and provided there is no City Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for City of Cupertino 00620 - 1 Construction Labor and Material Payment Bond CSC East Courts Resurfacing Project 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 San Mateo on March 18, 2016 before me, __ D_e_b_o_ra_h_M_._K_n_.ip_._p_,_,_N_o_ta_ry....__P_u_b_li_c ____ _ Date Here Insert Name and Title of the Officer personally appeared _________ M_a___..ry~P_. _B_a_e_z _____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person()() whose name(.M) is/~ subscribed to the within instrument and acknowledged to me that *he!Ki)(:Xexecuted the same in *her~authorized capacity~M. and that by ~her~J(signature(M on the instrument the person()Jl, or the entity upon behalf of which the person~ acted, executed the instrument. Place Notary Sea/ 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. ~~ Signature J.tkd ~ '{Jd Signature of~ry ublic ~~~~~~~~~~~~~~~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 5a 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 Project No. 2015-04 any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor, then Surety shall pay for the same, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the court. 4. Consistent with the California Mechanic's Lien Law, Civil Code §3082, et seq., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond. 7. City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be performed thereunder, or materials or equipment to be furnished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes. 9. Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code §3249, must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. This Bond has been furnished to comply with the California Mechanic's Lien Law including, but not limited to, Civil Code §§3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 13. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (1) work ofa similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. City of Cupertino 00620-2 Construction Labor and Material Payment Bond CSC East Courts Resurfacing Project Project No. 2015-04 14. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code §3248(b ). 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. END OF DOCUMENT City of Cupertino 00620-3 Construction Labor and Material Payment Bond CSC East Courts Resurfacing Project Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: AMCO Insurance Company, an Iowa corporation Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: GREGORV D. MCCARTNEV MARV P. BAEZ JAMES E. MCGOVERN BELMONT CA each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of ONE MILLION AND N0/100 DOLLARS $ 1,000,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, thatthe president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, thatthe authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney isstied to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 13th day of February, 2014 . . ~ 411.'.~f. I~~;.~.. ~ms, Preside~t and Chief Operating Officer of Nationwide Agribusiness Insurance Company f'lilf SEAL}~-f (S:A.,,,,L\ ~ and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, 't*\ '"'."""' /*~ ~·\.. !L /-6 AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance \.;;."'6i··-.. -i.'_I ,;._'o/i;:,;,:.;··~.-# Company ~ ... ~....... ""li~ .......... ACKNOWLEDGMENT STATE OF IOWA, COUNTY OF POLK: ss On this .!t:_day of February, 2014, before me came the above-named officer for the Companies aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corpOrate seals and his signature were duly affixed and subscribed to said instrument by the authority and ..-•-11&-direction of said Companies. ,,~~~~~:;If..,~ 1;1;1-~~~t • • Jj· ,,.,.~.,;"~,;;.. .,~: '"'""" -~· Srutdy AJitz "~fi.S'DAL.~il' :; i .. _SEAL_ .. : I~ NotarialSenl-Iowa -!l:J . .., ~ Commission Number 152785 ;a*\ ..'*• ·~ .. ··.. .·'*·• Notary Public 'f'~ · " I T. .,. My Commission E>.11ircs March, 24, 2017 "" ~-·ii'-(L~~~ My Commission Expires 4i~;._~~ --CERTIFICATE March 24, 2017 I, Robert W Horner Ill, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this 18th day of March ,20_16 . /7 / ;_ ~I {/lcr& r ,,._, ,{f'~__.,;c Secretary This Power of Attorney Expires _ __...1 ... 21 .... 0 .... s""'/1'"""6 ___ _ BDJ 1(03-14) 00 24318 Project No. 2015-04 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of: CSC EAST COURTS RESURFACING PROJECT PROJECT NUMBER 2015·04 CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, whlch shall appear within one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents, including, without means of limitation, Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in . .lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. .17~ A __, Vintage Contractors, Inc. ~ Contractor's Name 2367 Ocean A venue Address San Francisco, CA 94127 March 21, 2016 City/State/Zip Date END OF DOCUMENT City of Cupertino 00630-1 Guaranty CSC East Courts Resurfacing Project