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17-041 Vintage Contractors, Inc., Memorial Park Courts Resurfacing Project, Project No. 2017-13DOCUMENT 00520 CONTRACT Project No. 2017-13 OOr'1 Ya£\ (l't) · 0> l 1-I 2. ? 0 () 0 . ·z,o I 1--'-I <?.S THIS CONTRACT, dated this 21st day of March 2017, by and between Vintage Contractors. 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 21 st day of March. 2017, awarded to Contractor the following Project: PROJECT NUMBER 2017-13 MEMORIAL PARK COURTS RESURFACING PROJECT NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1. I 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 - 1 Contract Memorial Park Courts Resurfacing Project 3.1 Project No. 2017-13 Article 3. Contract Time and Liquidated Damages Contract Time. The contract shall commence on or about April 4, 2017 with a substantial completion date of June 5, 2017. The entire Contract Time will commence on the date indicated in the Notice to Proceed. City may g ive a Notice to Proceed at any time within 30 Days after the Notice of Award. Based on Council authorization anticipated on March 21 , 2017, the Contractor's swift submittal of necessary documents , and expedited contract execution, the Notice to Proceed may be given approximately by April 3, 2017 . Contractor shall not perform .!!.!ll'. Work at the Site prior to the date on which the Contract Time commences . Contractor shall achieve Substantial Completion of the project no later than June 5, 2017 and Final Completion of the entire Work, ready for Final Payment in accordance with Section 00700 (General Conditions), by June 12, 2017. 3.2 Liquidated Damages . City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above , plus any extensions thereof allowed in accordance with the Contract Documents . Consistent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work . Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City : 3 .2 .1 $1,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve Substantial Completion as specified above. 3.2.2 $1,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above . 3.2.3 $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 Proje ct and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wi ldlife and endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds , and general loss of public use damages suffered by City as a result of delay . Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities , or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants , or other third-parties), and defense costs thereof. City of Cupertino 00520 -2 Co ntra ct Memorial Park Courts Resurfacing Project Project No. 2017-13 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. I Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions , and federal , state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings , drawings, products specifications or reports, available for Bidding purposes , of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data , Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely . Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations , explorations , tests , reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum , within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations , tests , reports, studies or similar information or data are or will be required by Contractor for such purposes . 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors , ambiguities , or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument , contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) City of Cupertino 00520 - 3 Contract Memorial Park Courts Resurfacing Project Project No . 2017 -13 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 s upplied therein , are not Contract Documents . The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Article 7. Miscellaneous 7 .1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7 .2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7 .3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq . 7.4 The Contract Sum includes all allowances (if any). 7 .5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights , title and interest in and to all causes of action it may have under Section 4 of the Clayton Act ( 15 U .S.C. § 15) or under the Cartwright Act (Chapter 2 ( commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods , services or materials pursuant to the public works City of Cupertino 00520 - 4 Contract Memorial Park Courts Resurfacing Project Project No . 2017 -13 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.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3 700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7. 7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered , be declared invalid , void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby . If the provisions of any law causing such invalidity, illegality or unenforceability may be waived , they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7 .8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. City of Cupertino 005 20 -5 Contract Memorial Park Courts Resurfacing Project Project No . 201 7-13 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. MEMORIAL PARK COURTS RESURFACING PROJECT, PROJECT NUMBER 2017-13 CITY: CITY OF CUPERTINO, a M unicipal Corporation of the State of California City Clerk: Grace Schmidt t/ -/ ;;..-/ 7 Approved as to form by City Attorney: City Attorney: Randolph Stevenson Hom CONTRACTOR: ::NTA~C. [Sign,tme] Gene A. Edwards [Please print name here] Title : Vice President [If Corporation: Chairman , President, or Vice President] By ~ Clarence H. Moreland III I hereby certify, under penalty of perjury, that David Brandt, [Please print name here] City Manager of the City of Cupertino was duly authorized to execute this document" on behalf of the City of Cupertino . Title: _S_e_c_r_et_a~ry ______________ _ [If Corporation: Secretary, Assistant Secretary, D()~'UL 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: $ 248 ,700. ACCOUNT NUMBER:420-99-015-900-905-PV AR 001-03-01 FILE NO.: 2017-13 Chief Financial Officer, or Assistant Treasurer] 416130 C12 C39 C13 A State Contractor's License No. Classification 12 /31/2017 Expiration Date Taxpayer ID No. __ 9_4-_2_7_7_59_7_3 ________ _ Name: __ G_e_n_e_A_._E_d_w_a_r_ds __________ _ Title: __ V_1_·c_e _P_re_s_id_e_nt ___________ _ Address: 2367 Ocean Ave, San Francisco, CA 94127 Phone: -~(4_1~5)~2_8_2_-1_6_02 _________ _ Facsimile: (415) 282-1603 NOT ARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED City of Cupertino END OF DOCUMENT 00520 - 6 C ontract Memorial Park Courts Res urfacing Project ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califo_rnia i n ~VJ ~ County of _S_ct..._V\_~ _ ___,_L_--=--'---'-----~----- On 4-19 / a O I J ---i-~1--~-----(insert name and ti e of the officer) personally appeared ~~=-.J~:..........I.....J,,./.--L-J~u.,z...t......1.....1..4-_ _:t_=-.,.---o{.:....v()~-=-C<_...::..L-Yi~..::::...!.,__ _____ _ who proved to me on the basis of satisfactory evi e to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) ):OOAAA<>,0,000,,0<)0, O,..,ERALINE SINGH EDWARDS! . COMM. # 2078841 ~ C, •• : NOTARY PUBLIC · CALIFORNIA G) .z SANTA CRUZ COUNTY 0 J V O O V CtM! EtP'tEUE!,T·J6iJ 0e.t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer complet ing this certificate verifies only the ident ity of the ind ividual who signed the document to which this cert ificate is attached , and not the truthfulness, accuracy, or validit y of that document. State of ca(ifc)rf ~ --;~J .. , , U County of \jUf )±~ffi W A- On A?~ I lo I Ji)\ l before me,IvUc;~ \;fc~ Nl-\-c\flH Pu~c Date I I I Here ln¥7 rt~ and Title of the Officer personally appeared C o.Renc.R II. MeiVe l?tncl_ _ill Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the with in instrument and acknowledged to me that he/she/they executed the same in his /her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whi c h the person(s) acted , ex ecuted the instrument. s a a o a a o o o a a o o a *( j TABITHA lECUE • ~ ti 2100217 z < . -,!'Ullllc-ClllfOml• ~ z san Francisco _pounty -· 1 =·Comm. E•f'e Ls,,2[1d o o o SJ.-CS CC Place Notary Seal Above I certify under PENAL TY OF PERJURY under the la w s of the State of California that the foregoing paragraph is true and correct. WITNESS my han ----------------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: ____________ _ n Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ C Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservato r D T r ustee D Guardian or Conservator D Other: ______________ _ D Other : ______________ _ Signer Is Representing: _________ _ Signer Is Representing : _________ _ .;<;.~~~~~~~~'§¼~~W;i'§!/,)%'§.<i@k.~'@Q<i,--g&~fil>~~ ©2 016 National Nota ry Association • www .NationalNotary.org • 1-800-US NOTARY (1 -800-876-682 7) Item #5907 ATTACHMENT "A" DOCUMENT 00400 BID FORM Project No . 2017-13 To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders). TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THIS BID IS SUBMITTED BY: Vintage Contractors, Inc . Re: PROJECT NUMBER 2017-13 MEMORIAL PARK COURTS RESURFACING PROJECT I . The undersigned Bidder proposes and agrees , if this Bid is accepted, to enter into a contract with the City of Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non-responsive. 2. Bidder accepts all of the terms and conditions of the Contract Documents , Document 00100 (Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation , those dealing with the disposition of Bid Security. This Bid wm remain subiect to acceptance for 90 Days after the day or Bid opening. 3. Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations , and analysis and given notices, regarding the Project and the Site , as set forth in Document 00520 (Contract), Article S. 4 . Bidder 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. Bidder attended the non-mandatory Pre-Bid Meeting. YES NOV 6. Subcontractors for work included in all Bid items, in accordance 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 notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not limited to , Document 00520 (Contract), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond). 9. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below on the signature page. City of Cupertino BidFonn Memorial Park Courts Resurfacing Project 00400 • I ATTACHMENT "A" Proj ec t No . 2017 -13 IO. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in the State of California, in fonn specified in Document 00200 (Instructions to Bidders), in the amount of ten percent (10%) of the total of Base Bid and made payable to the "City of Cupertino". 11 . The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520 (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 independent 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 Contractor and Subcontracto r Registration 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. 1. 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 Contract (Labor Code Section 1771.l(a)), Owner may accept a non-complying Bid provided that Bidder and all listed Subcontractors are registered at the time of Contract award. City of Cupertino Bi d Form Memorial Pa rk Cou rt s Re surfacing Project 00400 -2 ATTACHMENT "A" Project No. 2017-13 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 permitted with the acceptance of any or all of the Alternative Bid Items listed below. ITEM SPEC DESCRIPTION UNIT EST UNIT REF QTY PRICE 1 Complete all work for the Memorial Park Courts Resurfacing Project as shown in the LS 1 $248,700.00 clans and oroiect manual TOTAL BASE BID $248,700.00 Two Hundred and Fourty Eight Thousand Seven Hundred Dollars and zero cents 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 of Cupertino Memorial Park Courts Resurfacing Project AL = Allowance SF = Square Feet 00400 -3 TOTAL $248,700.0( Bid Fonn ATTACHMENT "A" Project No. 2017 -13 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date none Bidder proposes and agrees to fully perfonn the Work within the time stated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form . NAME OF BIDDER: __ V_in_ta_g_e_C_o_n_tr_act_or_s_, l_n_c. _____________________ _ licensed in accordance with an act for the registration of Contractors, and with license number: _4-1-6_1_3...,0 _____ _ Expiration Date: 12/31117 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 Statk f California that the foregoing is true and correct. 4ft ;aC , Signature of Bidder Vice President NOTE: If Bidder is a corporation, 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 finn together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership . , Business Address: 2367 Ocean Ave., San Francisco, CA 94127 Officers authorized to sign contracts: Telephone Number(s): Fax Number(s): E-Mail Address: City of Cupertino Memorial Park Courts Resurfacing Proj ect Clarence H. Moreland Ill, President Gene A. Edwards, Yice President Typed Full Name: 415-282-1602 415-282-1603 viocon@vintagecontractors com END OF DOCUMENT Bid Fonn 00400-4 ATTACHMENT "A" ***REVISED VERSION*** Project No. 20 17-13 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS Bidder herby acknowle dge s receipt and exam ination of all Contract Documents and the following Addenda: Addendum No. Addendum Date 1 2/23/17 Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form. NAME OF BIDDER: __ V_in_ta ... g_e_C_o_n_tr_act_or_s;.... l_nc_. _____________________ _ licensed in accordance with an act for the registration of Contractors, and with license number: _4..:.1.:.:6::..1:..:3:..:0'--------- Expiration Date: 12/31/17 Ca li fornia Clarence H. Moreland 111, President Where incorporated, if applicable Gene A Edwards. Vice President Princ1pa1s I certify (or declare) under penalty of perjury under the laws of the State and correct. · NOTE: If Bidder is a corporation, 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 behalfof 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: 2367 Ocean Ave., San Francisco, CA 94127 Officers authorized to sign contracts: Telephone Number(s): Fax Number(s): E-Mail Address: City of Cupertino Memorial Park Court s Resurfacing Project Clarence H. Moreland 111, President Gene A Edwards. Vice President Typed Full Name: 415-282-1602 415-282-1603 vincon@vintagecontractors.com END OF DOCUMENT Bid Form 00400-4 KNOW ALL BY THESE PRESENTS: ATTACHMENT "A" DOCUMENT 00411 BOND ACCOMPANYING BID Proj ec t No . 2017 -13 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 (S -----------------) lawful money of the United St3:tes of America being at least ten percent (10%) of the aggregate amount of said Principal V mtage Contractors, lnc: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. 2017-13 , MEMORIAL PARK 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, Construction Labor and Material Payment Bond , insurance certificates, and all other endorsements, forms , and documents required under Document 00200 (Instructions to Bidders), then this obligation shall be void, otherwise to remain in full force and effect. TN WITNESS WHEREOF , the abo ve bounden parties have executed this instrument this 22nd February , 2011.. day of (Corporate Seal) By ~-t-ors...,.... _1n...,,c=-·-""""---,,.....,...-,-- C\o.c1~ce \.\-AAocBlo,."'cQ., 1lC Principal (Corporate Seal) By END OF DOCUMENT City of Cupertino Memorial Park Courts Res urfacing 00411 -I Project Bond Ac companyin g Bid ATTACHMENT "A" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing th is cert ificate verifies only the identity of the individual who signed the document to which this certif icate is attached , and not the truthfulness, accuracy, or valid ity of that document. State of California County of San Mateo on February 22, 2017 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 _________ G_r_e.z.go_ry......_D_. M_c_C_a_rt_n_e.._y ________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personOQ whose name(s) is/~)( subscribed to the within instrument and acknowledged to me t hat he~)f(* executed the same in his~authorized capacity~M, and that by his,?(~~signature(M on the instrument the person();), or the entity upon behalf of which the person(I!) 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. ---------------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): ______ _ D Corporate Officer -Title(s): ______ _ 0 Partner -D Limited D General D Partner -D Limited D General D Individual [) Attorney in Fact D Individual D Attorney in Fact 0 Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing : ________ _ Signer Is Representing : ________ _ ©2014 Nat ional Notary Assoc iat ion· www .NationalNotary.org • 1-800-US NOTARY (1 ·800-876-6827} Item #5907 ATTACHMENT "A" KNOW ALL MEN BY THESE PRESENTS THAT: Power of Attorney AMCO Insurance Company, an Iowa corporat ion Nationwide Mutual Insurance Company, an Oh io corpo ration Farm land Mutual Insurance Company, an Iowa corporat ion Nationwide Agribusiness Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporat ion 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,ln-fact , with full power and authority to sign , seal, and execute on Its behalf any and all bonds and undertaklngs , and other obligatory instruments of similar nature, In penalties not exceeding the sum of ONE MILLION AND N0/100 DOLLARS S 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 resolut ion duly adopted by the board of directors of the Company : "RESOLVED , that the president, or any v ice president be, and each hereby Is, authorized and empowered to appoint attorneys,1n.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, recogn izances , transfers , contracts of indemnity, policies , contracts guaranteeing the fidelity of persons holding posit ions of public or private trust, and other wrltlngs obligatory In nature thatthe 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.Jn .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 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.• Th is 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 se~aled and duly attested by the signature of Its officer the u:. day of February I ™· #~~~ ~~~.. ~ • "A-··· ···· .. ~, I~··;;·~"+. Terrance WIiiiams, President and Chief Operating Officer of Nationw ide Agribusiness lnsuranoe Company f(SEAI)'i f /SEAL\ ii 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 \\fti~# ~\\~~I Company ACKNOWLEDGMENT 11,~~\\A ,,r~"'\ STATE OF IOWA , COUNTY OF POLK: ss ,ti. \Ii ,;,/ -\t't On this 13"dayof February ,.221!., before me came the above-named officer for the Companies aforesaid , to !./.~~} • ., 11Jl '..~~)1J me personally known to be the officer described in and who executed the preceding Instrument , and he .,..._ 4', "'"' 1 t,... .. .. •# acknowledged the execution of the same, and being by me duly sworn, deposes and says , that he is the officer ""\,,~~ ""\\.~,~ of the Compan ies 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 •''.4111 • ._ direction of said Companies. ~ _ .......... ~, k-.,,,,f!i~fl_tt_ S-dy ••iz v'_ .,../.,., /?_a.~ " .. .,.....,, .. ,, ,'l"J·' -·~• . -· ,.... ~r...-y -~ \/SEAL)~ \ (SEAL) J c00::::1 :!bc1r'7:m.~ Notary Public \-~.~·I \•!iiii;;;;;!,;i-:,;," My Commlilllon Explroi March, 24• 2017 My Commission Expires 'i,,. .. ~ -.,,.._. CERTIFICATE March 24 , 2017 I, Robert W Homer 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 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 22nd day of February , 20....!2... t::2-t /--c,v J/-----z Secretary This Power of Attorney Expires ___ 1-'2/""0S_./""t .... 9 ___ _ BDJ 1(03-14) 00 24318 ATTACHMENT "A" DOCUMENT 00430 REQUIRED SUBCONTRACTORS LIST Project No. 2017-13 Bidder must provide the following Listed Subcontractor infonnation in conformance with the California Public Contract Code where the value of the Subcontractor's work is or exceeds½ ofone percent (.05%) of the Base Bid or ten thousand dollars ($10,000), whichever is greater, on Document 00400. Failure to do so will 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, without City's formal approval. Name of Subcontractor Description of Subcontractor's DIR Registration and Location of Place of Business Work License No. Number Penhall Company Sawcutting, 568673 1000000860 13750 Catalina St, Demolition and San Leandro, CA 94577 Off-Haul Attach additional sheets if necessary City of Cupertino Memorial Park Courts Resurfacing Project 00430-I Subcontractors List ATTACHMENT "A" Project No. 2017-13 NOTICE: Required Contractor and Subcontractor Registration /Applies if Bid is submitted on or after March 1, 1015 or if Contract is awarded on or after April 1, 1015/ 1) Owner shall accept Bids only from Bidders that (along with all Subcontractors listed in Document 00430, Subcontractors List) are currently registered and qualified to perfonn 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 Contract (Labor Code Section 1771.l(a)), Owner may accept a non-complying Bid provided that Bidder and all listed Subcontractors are registered at the time of Contract award . END OF DOCUMENT City of Cupertino Memorial Park Couns Resurfacing Project 00430 • 2 Subcontractors Li st ATTACHMENT "A" DOCUMENT 0048 I NON-COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE §7106 Project No. 2017-13 . NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMIITED WITH BID ST ATE OF CALIFORNIA ) (\ -ri""' )ss. COUNTY OF ~ ~) ~ <:..t'lc:..-/1:t ~ l..g r '->, being first duly swo"l, 1 deposes and JllYS .that hl or she is r c < f , c=J ,# ~ '::x..,. (Office of Affiant] of v l h, b5 r c Co , ~ ~Name of Bidder), the party making the foregoing Bid, that the Bid is not made in the interestof, or on behalf of, any undisclosed person, partnership , company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding, and that the Bidder has not in any manner, directly or indirectly, sought by contract, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any advantage against the City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true ; and further , that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof. or the contents thereof, or divulged information or data relative thereto, or paid , and will not pay, any fee to any corporation , partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid . Executed under penalty of perjury under the laws of the State of California: V ! Jl1. +-(A ~ e... (& ~ (Name ofBid,der ~~ C ?(_ ~< , I "'-C , I ,· (Signature of Principal) Subscribed and sworn before me------------------------------- . . # 7' b Thts J-, T day of 1...t. r\A.tlJ , 20.ll fh"-Y••,.,•.v.,y,.,.yi,.•~ .... -.W.•,A•.,,..._•.,,-.•.•,l'.,-... ,~.,,..y.i .! De rws Fernandez Pas!ones < ,..... COMM #2093209 • Notary Public of the State of,1--;:;._~+.:->-"'-':,,...,.:._ _____ _ In and for the County of._..:::::::.::!.l....;;+J..~~::14~.L------ ~ mTARY PUBLIC ..CALIFORNIA ; ~ , . San Frll/lClsco Coun~/ , •: ,:1\!,. C1>rt1~1 !l'Ot'I Etm,e , 0-aef!,,,t)(>• 12, Z0 18 S )hY.•,•.•,,,.._,..,N.,V.tN .•h•.•.• • .._,,,.-,,•,•,•,1',•.-.,._, .... ,.._,,,..i( My Commission expires ___ -+-+"'"-+--"'-u+.....,_ _____ _ (Seal) (If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partnership or venture.) (If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial 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 such affidavit shall be certified according to law .) END OF DOCUMENT City of Cupertino 00481 • 1 Non-Collusion Affidavit Memorial Park Courts Re surfacing Project CITY OF m Project No. 2017-13 CUPERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same . C . Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers , agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D . Before Contractor performs any work at , or prepares or delivers materials to , the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing , Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. City of Cupertino 00530 - 2 Insurance Forms Memorial Park Courts Resurfacing Project Project No . 201 7-1 3 LIMITS Worker's Compensation & Employers ' Liability General Liability -commercial general liability; including provisions for contractual liability, personal injury, independent contractors and products -completed operations hazard. Automobile Liability -comprehensive covering owned, non-owned and hired automobiles. (Contractor's N ame) C ity of Cup ertino 005 30 -3 Me mo ri al Park Co urts Res urfac in g Proj ect In accordance with the Worker 's Compensation Act of the State of California -Worker 's comp "statutory" per CA Law ; Employers' Liability $1 ,000 ,000 per occurrence. Combined single limit of $2 .0 million per occurrence ; $4.0 million in the aggregate Combined single limit of $1.0 million per occurrence. In surance Fo rm s ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~-4/6/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 :'ffc Nol: 650-594-9130 Belmont, CA 94002 IA/C No Ext\: E-MAIL ADDRESS: INSURER(Sl AFFORDING COVERAGE NAIC# www.jemins.com INSURER A: Gemini Insurance Companv A+ XV 10833 INSURED INSURER B: Nationwide Mutual Insurance Co A+ xv 23787 Vintage Contractors Inc . INSURER C: Tooa 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: 35031520 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF IN SURANCE 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, EXCLUS IONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR ,.,~n wun POLICY NUMBER fMM/DD/YYYYl fMM/DD/YYYYl LIMITS A L COMMERCIAL GENERAL LIABILITY ,/ ,/ VCGP022327 4/15/2 016 4/15/2017 EACH OCCURRENCE $ 1,000,000 o CLAIMS-MADE ca OCCUR DAMAGE TO RENTED 1----PREMISES (Ea occu rrence) $ 50,000 1----MED EXP (Any one person) s 5 ,000 PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGR EG ATE LIMIT A PPLIES PER: GENERAL AGGREGATE $ 2,000,000 A ~ [2J PRO-D LOC s 2,000,000 POLICY JECT PRODUCTS • COMP/OP AGG OTHER: Deductible s 5 ,000 B AUTOMOBILE LIABILITY ,/ ,/ ACP 7864955221 4/1/2017 4/1/2018 ~~~~~~~~llNGLE LIMIT s 1,000,000 1---- L ANY AUTO BODILY INJURY (Per person) s -OWNED ~ SC HEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS 1----HIRED NON-OWNED L ~ PROPERTY DAM AG E $ AUTOS ONLY A UTOS ONLY (Per accident) $ C UMBRELLA LIAB H OCCUR ,/ XL-6600775-06 4/15/2016 4/15/2017 EACH OCCURRENCE $ 5,000 ,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE s 5 ,000 ,000 ' OED I I RETENTION s s D WORKERS COMPENSATION ,/ 76000130241-71 4/1 /2017 4/1/2018 ,/ PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE D E.L EACH ACC IDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) EL DISEASE • EA EMPLOYEE $ 1,000,000 If yes, describe under E.L DISEASE· POLICY LIMIT $ 1,000 ,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) RE: Resurfacing Slip Sheet Tennis Courts@ Memorial Park Courts Resurfacing, 10185 N.Stelling Rd, Cupertino Proj#2017-13 City of Cupertino, its directors, officers , agents and employees are named as Additional In sured & Primary Phrase : See Attached *30 day written Notice of Cancellation , except for non-pay of premium which is 1 O days. CERTIFICATE HOLDER CANCELLATION /\ Ci~ of Cupertino SHOULD ANY OF THE ABOVE DESCI 'ED J,~LICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERE(~, N9~1CE WILL BE DELIVERED IN 10 00 Torre Avenue ACCORDANCE WITH THE POLICY Pl OVISI / S. Cupertino CA 95014 AUTHORIZED REPRESENTATIVE jl~ I © 1988-2015 ACORD r ORA TION. All ,lg his ,eso~ed. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 35031520 I VINTA -1 I 17/18 -PER PROJECT I MaryAnn 1-/ormar: I 4 /6/2017 11 :47 :39 AM (PDT) I Page 1 of 14 Policy: y~S,!:'Q.?232_7 CG 2010 0413 Insured Name: '\(intage Contractors Inc. Effective Date: 4/~2_017_ TIIlS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations 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 which you and 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 c auses "bodily to an occurrence that causes "bodily injury", injury", "property damage" or "pers.,:;inal and "property damage" or "personal and advertisting advertising injury", that such person or organization injury". be added as an additional insured on your policy. Information required to complete this Sched ule, 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 lia bil ity for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: · 1. Your acts or omissions; or 2. The acts or omissions of those actin g 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 such additi on al insured only applies to the extent permitted by law; and 2. If coverage provided to the additional in sured is required by a contract or agreemen~ the insurance afforded to such additional insured will not be broader th an that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily i nj ury" or "property damage" occurring after. 1. All work, including materials, parts or eq uipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 20 10 04 13 I of 2 35031520 I VINTA-1 I 17/18 -PER PROJECT I MaryAnn Viorman I 416/20"1.7 11 :4 7 :39 AM (PDT) I Page 4 of 14 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project C. Wrth respect to the insurance afforded to these additional insureds, the following is added to Section 111-Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreemen~ the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreemen~ or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. City of Cupertino, its directors , officers , agents and employees CG 2010 0413 35031520 I VINTA-1 l 1 7/18 -PER P~OJECT I MaryAnn Wo rman I 4 /6/20 17 11 :47 :39 AM (PD'.:.') I Page 5 of 14 2 of2 Policy: VCGf.'022327 CG 20370413 Insured Name:'; Vintage Contractors. Inc. Effective Date: 4/6/2017 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 Oraanization(s) Location And Description Of Completed Operations 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 inju ry ", that such "property damage" or "personal and person or organization be added as an advertising injury". additional insured on your policy. Resurfacing SIW, Sheet Tennis Courts @ Memorial Park Courts Resurfacing , 1 185 N .Stelling Rd , Cupertino Proj#2017-13 City of Cupertino, its directors , officers , age nts and employees Information required to complete this Schedule , if not shown above , will be shown in the Declarations. A. Section 11-Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only w ith respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by ''your work" at the location designated and described in the Schedule of this endorsement performed for that addit ional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits Of Insurance: If coverage provided to the additional insured is requ ired by a contract or agreement, the most we will pay on beha lf of the additional insured is the amount of insurance : 1. Required by the contract or ag reement; or 2. Available under the applicable Li m its of Insurance shown in the Declarations; whichever is less. CG 20 37 0413 3503152 0 I VINTA-1 I 17 /18 -PER PROJECT I MaryAnn Norman I 4/6/2017 11 : 47 : 39 AM (PO':') I Page 2 of 14 1 of 2 This endorsement shall not increase t he applicable Lim its of Insurance s in the Declarations. MaryA CG20 37 0413 2 of 2 35031520 I VINT/1.-1 I 17/18 -PER P:lOJECT I MaryAnn \•/orman I 4 /6/2017 11 :47 :39 AM (PD':') I Page 3 of 14 Policy: VCGP022327 Insured Nam·e: Vintage Contractors Inc. CG20010413 Effective Date: 4/15/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part The following is added to the Other Insurance Condition and supersedes any provision to the contrary : Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (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 primary and would not seek contribution from any other insurance available to the additional insured. City of Cupertino, its directors, officers , agents and employees CG 20010413 1 of I 3503152 0 I VINTA-1 I 1 7/18 -PER PROJECT I MaryAnn Wormar. I 4 /6/20 1 7 11 :4 7 :39 AM (PD'.:.') I Page 9 o f 14 Policy Number: VCGP022327 . VE01 841213 Insured Name:'{intage Contr.9 ctors Inc, Effective Date: 4f.6/2017 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 Project(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 for all medical expenses caused by accidents under Section I -Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate limit applies to each designated construction project, and that limit 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. Any 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 Page 1 of2 35031520 I I/INTA-1 I 17/18 -PER P~OJECT I MaryAnn \·/orman [ 4/6/2017 11 : 47 : 39 AM (PDT) I Page 7 of 14 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense 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 under 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 sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above : 1. Any 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 because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-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 contra cting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be dee med to be the same construction project E. The provisions of Section Ill -Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated . VE 01 841213 Page 2of 2 35031520 I VINTA-1 I 17 /18 -PER P~OJECT I MaryAnn Norman I 4/f;/2017 11 :47 :39 AM (PDT) I Pt3ge 8 of 14 POLICY NUMBER: VCGP022327 Vintage Contractors Inc. COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILIT Y COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by written contract Information required to complete this Schedule, if not shown above , will be shown in the Declarations. The following is added to Paragraph 8. T ransfer 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 o rganization 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 ha zard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 35031520 I VINTA-1 I 1?/18 -PER P:lOJECT I MaryAnn Worman I 4/6/2017 11 :47 :39 AM (PDT) I Page 11 of 14 Page 1 of 1 D NOTICE OF CANCELLATION TO DESIGNATED PERSON OR ORGANIZATION If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we shall endeavor to mail or deliver a written notice in accordance with state law to the person or organization shown in the Schedule below. Proof of mailing will be sufficient proof of such notice. This endorsement shall not operate directly or indirectly to benefit any person or organization not named in the schedule below. SCHEDULE Designated Person or Organization: City of Cupertino, its officers, directors, agents and employees Designated Person or Organization Address : 10300 Torre Avenue, Cupertino CA 95014 Contract, Permit or Job Number: Resurfacing Slip Sheet Tennis Courts@ Memorial Park Courts, 10185 N. Stelling Road, Cupertino Proj#2017-13 Number of Days Notice: 30 days All other terms and conditions of this policy remain unchanged. This enclorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 03/29/2017 Insured: Vintage Contractors, Inc. Policy No.: VCGP022327 Insurance Company : Landmark American Insurance Company Endorsement INCL Policy Number: ACP 7864955221 Coverage Is Provided In Named Insured: Vintage Contractors Inc . Agent: James E. McGovern, Inc . 1625 El Camino Real Belmont, CA 94002 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY. DESIGNATED INSURED This endorsement modifies Insura nce provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement , the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insur_eds " under the Who Is An Insured Provision of the Coverage Form. Thi s endorsement does not alter coverage provided in the Coverage Form . SCHEDULE Name of Person(s) or Organization(s ): City of Cu pert ino , its directors , offi cers , age nt s and empl oyees (If no entry appears above , information required to complete this endorsement will be shown in the Declara t ions 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 qua lifi es as an "insured " under the Who Is An Insured Provis ion contained in Section II of the Coverage Form . Copyright , Insurance Services Office Inc. 1998 Mar y Ann CA 20 48 (02-99) 35031S20 I VINTA -1 I 17/18 -PER PR.OJECT I MaryAnn V.'orman I 4 /!i/201 / 11 :47 :39 AM (PD':') I Page 6 of 14 ACP 7864955221 Vintage Contractors Inc . COMMERCIAL AUTO AC24040504 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization : City of Cupertino , its directors, officers , agents and employees The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV -BUSINESS AUTO CONDITIONS) is amended by the addition of the following : We wai-..e any right of recovery we may have against the person or organization shown in the Schedule above to the extent required of you by a written contract executed prior to any "accident' because of payments we make for damages under this coverage form. This waiver appfies only to the person or organization shown in the Schedule above. All terms and conditions or this policy apply unless modified by this endorsement AC240405 04 Page 1 of 1 3503152 0 I VINTA -1 I 17/18 -PER P:lOJECT I MaryAnn Worman I 4 /6/2017 11 :4 7 :39 AM (PD':') J Page 12 of 14 -------------------------------------------------------------- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUUY . THIRTY DAY CANCELLATION NOTICE TO THIRD PARTY Attached To and Forming Part af Policy fjfectin OatQ of fndorsun~nt 03/29/17 Noma d /r,surQd - .. 12:01AM at the Named In sured add ress shown oo the Vintage Contractors, Inc . ACP 7864955221 Declaratio ns Additional Premium: I Return Premium:- This endorsement modifies insurance providod undor the following: ALL COVERAGE FORMS Tho CANCELLATION section of the CONDITIONS section of this Policy is ampnded by adding the following: SCl!EOULE i'iamc of Person or Organization: City of Cupertino, its officers , direc tors, agents and employeei Street Address: 103 00 Torre Avenue City: Cupertino State: CA Zip Code: 95014 If we cancel this policy, we will also send written notice of such cancellation to the person or orginization shown in the Schedule above at the address shown above. The notice will be mailed at least thirty (30) days before the effective date of the cancellation. If notice is mailed, roof of mailing will be sufficient notice. This advanced notification of a pending cancellation of cove age i intended as a courtesy only. Our failure to provide such adv-.mce notification will not extend the pol cy can ellalion date nor negate cancellation of the policy. ALL OTHER TERMS AND CONDITIONS OF Tl E POL Y REMAIN UNCHANGED. ADF9045 0814 Page 1 ofl 4/6/2017 WORKERS COMPENSATION AND EMPLOYERS LIABIUTY INSURANCE POLICY WAJVER OF OUR .RIGHT TO RECOVER FROM Olll:RS ENDORSEMENT WCD00313 (Ed. 4-84) We have the rlgltt to recover our payments from anyone IJabie for an Injury covered by this policy. We wfll not enforce our right against the person or organlzatf.on named In the SctwdUle. (This agreement applles only to the extent that you perform work under a wrltlen contract that requlrea you to obtain this agreement from us.) This agreement shall l10t operma dlrectly or lndlrectly to banafft anyone not named In the Schedule. Any person or organlzatlon for whom the Insured has a written contract requiring wafvar of subrogation. City of Cupertino , its directors, officers , agents and employees This e1ldo1se111ent c:hang8s the policy ID whk::h It la 8WlCh9d and le effecllve on the da1e lssuad unless otherwise (Th& Information below la requtrad on!)' when this endorsement Is Issued subsequant to preparation at tha Endorasment . . __ __ _ Elfeottve PollcyNo. :1,iiooo19~41-f1 I~ YJJ!l~_ Contracto!§.J!l..s___F : WC000313 (Ed.4-84) 3503152 0 I VIHTA-1 l 17/18 -PER PROJECT I MaryAnn l'lormar. I 4/6/201'1 11 :47 :39 AM (PDT) I Page 10 of 14 Premium: $5,327.00 Bond No: BD753355 Project No. 2017-13 DOCUMENT 006 I 0 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated March 27, 2017, is in the penal sum of Two Hundred Forty-Eight Thousand Seven Hundred and No/100 Dollars _______________________ [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions , paragraphs I through 12, attached to this page. Any singular reference to Vintage Contractors, Inc. ("Contractor"), Nationwide Mutual Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable . CONTRACTOR: Vintage Contractors, Inc. Name 2367 Ocean Avenue Address San Francisco CA 94127 City/S tate/Zip CONSTRUCTION CONTRACT: SURETY : Nationwide Mutual Insurance Company Name 7777 Alvarado Rd., Suite 201 Principal Place of Busines s La Mesa CA 91942 City/State/Zip Memorial Park Court Resurfacing Project PROJECT NUMBER 2017-13 at Cupertino, California. DATED March 21 , 20.!1_ in the Amount of$_2_4_8~7_0_0_.0_0'---_____ (the "Penal Sum") CONTRACTOR AS PRJNCIP AL Company: (@ =intage Contractors , Inc Signature: )"1.....--- Name and Title: (\QrM(i_ "· More\o(\\.]!i' ·ete>,deot SURETY Nationwide Mutual Insurance Company Company : (Corp . Seal) s;"",ture ~ I. 4 . Name and Title: Mary P. Baez, Attomey-m-Fact BOND TERMS AND CONDITIONS I. 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. Ifthere is no City Default, Surety's obligation under this Bond shall arise after: 3.1 City ha s declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and 3 .2 City has agreed to pay the Balance of the Contract Sum: 3.2 .1 To Surety in accordance with the terms of thi s Bond and th e Construction Contract; or City of Cup ertino 00610 -1 Construction P erformance Bond Memorial Park Court Resurfacing Proj ect Project No. 2017-13 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 avai lable to it at Jaw to enforce Surety 's liability under paragraph 6, below . 5. If Surety does not proceed as provided in paragraph 4, above, then Surety sha ll 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 co ntractors . 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 Memorial Park Court Resurfacing Project Project No . 2017 -13 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 C lara, or in a com1 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 sha ll 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 Perfonnance Bond Memorial Park Court Res urfacin g Proj ect CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer comp leting this cert ificate verifies only the identity of the ind ividua l who signed the document to which this cert ificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Mateo on March 27, 2017 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()i:J whose name(}() is/~ subscribed to the within instrument and acknowledged to me that ~he/X1)(~executed the same in )@qher~authorized capac ity~~. and that by ~~her~)(signature~ on the instrument the person()(J, or the entity upon behalf of which the person()() acted, executed the instrument. DEBORAH M. KNIPP COMM. #2151035 z Notary Public • California ~ San Mateo County ... Conm. Ex ires 26 2020 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: ___________ _ 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 5l 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 NOT ARY (1-800-876-6827) Item #5907 Premium: Included Bond No: BD753355 Project No. 2017-13 DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MA TERI ALP A YMENT BOND ("Bond") is dated March 2 7, 2017 is in the penal sum Two Hundred Forty-Eight Thousand Seven Hundred and No/100 Dollars [ one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and. Conditions, paragraphs l through 14, attached to this page. Any singular reference to Vmtage Contractors, Inc. ("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 A venue Address San Francisco CA 94127 City/S tate/Zip CONSTRUCTION CONTRACT: SURETY: Nationwide Mutual Insurance Company Name 7777 Alvarado Rd., Suite 201 Principal Place of Business La Mesa CA 91942 City/State/Zip Memorial Park Court Resurfacing Project PROJECT NUMBER 2017-13 at Cupertino, California. DATED _____ M_ar_c_h_2_1_, 20_1_7_ in the Amount of$_2_4_8--'-,_7_00_.0_0 _______ (the "Penal Sum") CONTRACTOR AS PRINCIPAL SURETY Nationwide Mutual Insurance Company Company, c •I) Vintage Contractors, Inc. Company, (Co,p. Soal) Signatu,ec e Signature, ~ /.ffit. . Name and Title: (\areY)CQ. (.\. tAOrf ltikl.J., Name and Title: Mary P. Baez, Attomey-m-Fact Pt:e>,dtt'.\t BOND TERMS AND CONDITIONS I. 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 3 I 8 I 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 -l Construction Labor and Material Payment Bond Memorial Park Courts Resurfacing Project Project No . 2017-13 any amounts required to b e 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. I 0. 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 ( l) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality . The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site . City of Cupertino 00620 - 2 Construction Labor and Material Payment Bond Memorial Park Courts Resurfacing Project Project No. 2017-13 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 Memoria l Park 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 27, 2017 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 bas is of satisfactory evidence to be the person()O whose name(.M) is/~ subscribed to the within instrument and acknowledged to me that ~he/)6)('))(executed the same in )(i}qher~l)(:authorized capacity~*· and that by !l(!~her~J(signature(* on the instrument the person~, or the entity upon behalf of which the person(K) acted, executed the instrument. DEIGIAll 1. KNIPP CQMM. #2151035 z Notary Public . C81ifomia ~ San Mateo County - Comm. Ex ires Ma 26 2020 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 1iikd ~ ~ Signature of Nry P blic ---------------oPnONAL--------------- 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 Gil 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 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: 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 $ 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, 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 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, 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 of 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 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 se~aled and duly attested by the signature of its officer the 13 th day of February , 2014 . ""~:---~ ··--~ ~ ' ~~,----~~. ,1,~-~~\ Terrance Williams , President and Chief Operating Officer of Nationwide Agribusiness Insurance Company ,-!.:f[SEAL\~, , i <!#1""1 \ j and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, \•'.. •£•"'=-" /*~ \•:..SEA~_;.~ AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance \-\~i~I ~~\«:.!~I Company ACKNOWLEDGMENT ··--~ ....... ~ ,.:_?::;~-~. ,.1t~, ... STATE OF IOWA, COUNTY OF POLK: ss On this 11'.:.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 direction of said Companies. SandJ Alitz Notarial Seal -Iowa ,.,f.,·_·suAL·.~-~" ,~---""""' \~,:_ • t1:. '!" .. '._S_ EAL ___ :~ •* ·· .. _ ... -' ·~ ':t. • Commission Number 152785 Notary Public \ ~-~~ I T~-.'tiiriffiJ~(;,.I MJ Commission Expires March, 24, 2017 My Commission Expires --~;._:, --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 affi xe d the corporate seals of said Companies this 27th day of March , 20--.!2._. a /-v-> )/----z Secretary This Power of Attorney Expires ---=•"'2'-'/0;.;;;.S""'/t:.;.9 ___ _ BDJ 1(03-14) 00 24318 DOCUMENT 00630 GUARANTY Project No . 2017-13 TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of: MEMORIAL PARK COURTS RESURFACING PROJECT PROJECT NUMBER 2017-13 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 five years 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 warra nties or responsibilities for faulty materials or workmanship . Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance. If within five years 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 in s pected, 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. Vinta e Contractors Inc. Contractor's Name 2367 Ocean Ave Address San Francisco, CA 94 I 27 City/State/Zip City of Cupertino Memorial Park Court s Res urfacin g Project 03 /22/2017 Date END OF DOCUMENT 00630 -I Gu arant y