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17-113 Vintage Contractors, Inc., Varian & Monta Vista Parks - Courts Resurfacing, Project No. 2017-13.02RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27283 23791798 Regina Alcomendras Santa Clara County -Clerk-Recorder 11/02/2017 10:27 AM Ti lies: 1 Fees : $0 .00 Taxes: $0 Total : $0 .00 Pages: 3 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION CITY PROJECT NAME: Tennis Court Resurfacing Project-Monta Vista & Varian Parks City Project No. 2017-13 ff Original 0 For Fast Endorsement "NO FEE" City of Cupertino NOTICE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion dated October 30, 2017 for CITY PROJECT NAME: Tennis Court Resurfacing Project -Monta Vista & Varian Parks City Project No. 2017-13 and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on October 30, 2017 and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: By: November 2, 2017 Lauren Sapudar Senior Office Assistant CUPERTINO Recording Requested By: When Recorded Mail To: City of Cupertino 10300 Torre Ave. Cupertino , CA 95014 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE NOTICE OF COMPLETION Civil Code§§ 8182, 8184, 9204, and 9208 NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is the agent of the owner of the project described below. 2. Owner's full name is : City of Cupertino , California . 3. Owner's address is : City Hall , 10300 Torre Ave., Cupertino , CA 95014. 4 . The nature of owner's interest in the project is: _j_ Fee Ownership Lessee Other: __________ _ 5 . Construction work on the project performed on the owner's behalf is generally described as follows: City Project Name : (City Project No .: Tennis Court Resurfacing Project -Manta Vista & Varian Parks 2017-13) Resurface the tennis courts at Manta Vista and Varian Parks. 6 . The name of the original contractor for the project is : Vintage Contractors, Inc. 7. 8. The project was completed on : __ O_c_to_b_e_r_1_9~2_0_17 ______________ _ The projects are located at: Manta Vista Park, 22601 Voss Ave . and Varian Park, 22000 Varian Way, Cupertino, CA 95014 Verification : In signing this document, I, the undersigned , declare under penalty of perjury under the laws of the State of California that I have read this notice , and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. October 30, 2017; Santa Clara County Date and Place Signature Timm Borden Director of Public Works DOCUMENT 00520 CONTRACT Project No. 2017-1 3 .02 ~6-c..f 2-lJ I 1 .-( (m-:P-i,o\9 -\ ~Le THIS CONTRACT, dated this 10th day of July, 2017 , by and between VINTAGE CONTRACTORS, INC., whose place of business is located at 2367 Ocean Ave., 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 S1h day of July, 2017 awarded to Contractor the following Project: PROJECT NUMBER 2017-13.02 VARIAN & MONTA VISTA PARKS-COURTS RESURFACING NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth , Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents . Article 2. Agency and Notices to City 2 .1 City has designated Katy Jensen , Capital Improvement Program Manager 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: I 0300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed . City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. The City will issue a Notice to Proceed for each site. The 60 Calendar days to achieve Final Completion will be applied to each site based on the date of the Notice to Proceed that is issued for the site . C ity of Cupertino 00520 -I Contract Varian & Monta Vista Parks -Courts Re s urfacing Project No . 2017-13 .02 Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) within 60 Calendar days from the date when the contract time commences to run and in accordance with contract requirements, and project completion. 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above , plus any extensions thereof allowed in accordance with the Contract Documents . Consistent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2 .1 $1,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.2 $3,000 for each occurrence of a violation of Document 00800 , Section 1.7 WORK DAYS AND HOURS. 3.2.3 Three Months Salary for each Key Personnel named in Contractor 's SOQ pursuant to Article 2 .G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City 's satisfaction is beyond Contractor's control. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies , may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements. 3 .3 Liquidated damages for delay shall only cover administrative, overhead , interest on bonds , and general loss of public use damages suffered by City as a result of delay . Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities , or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors , subcontractors, tenants , or other third-parties), and defense costs thereof. Article 4. Contract Sum 4 .1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor 's Bid , attached hereto: See Exhibit "A" attached C ity of Cupertino 00520 -2 Contract Varian & Monta Vi sta Parks -Courts Re s urfacin g Project No.2017-13.02 Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5 .1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents , Work, Site, locality, actual conditions , as-built conditions , and all local conditions, and federal , state and local laws and regulations that in any manner may affect cost, progress , performance or furnishing of Work or which relate to any aspect of the means, methods , techniques , sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions , as-built drawings, drawings , products specifications or reports , available for Bidding purposes , of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests , reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions , underground facilities , and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work , as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum , within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations , investigations, explorations, tests , reports , studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations , examinations, investigations , explorations, tests, reports and studies with the terms and conditions of the Contract Documents . 5 .5 Contractor has given City prompt written notice of all conflicts , errors, ambiguities , or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein . The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: C ity of Cupertino 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 A ward 00520 -3 Varian & Monta Vi sta Parks -Courts Res urfacing C ontract 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 Project No . 2017-13.02 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 supp lied therein, are not Contract Documents . The Contract Documents may only be amended , modified or supplemented as provided in Document 00700 (General Conditions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein . 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7 .5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights , title and interest in and to all causes of action it may have under Section 4 of the Clayton Act ( 15 U .S.C . § 15) or under the Cartwright Act (Chapter 2 ( commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations , are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northern.html and s hall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. C ity of C upertino 00520 - 4 Contract Varian & Monta Vista Parks -Co urts Resurfac in g Proj ect No.20 17-1 3.02 7 .7 Should any part, term or provision of thi s Contract or any of the Contract Doc uments, 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, Ti tle l , Division 3.6, Part 3 , Chapter 5. C ity of C upert in o 00520 - 5 Contract Varian & Monta Vi sta Parks -Courts Re surfacin g Project No. 2017-13.02 IN WITNESS WHEREOF the parties have executed this Contract in duplicate the day and yea r first above written. VARIAN & MONT A VISTA PARKS -COURTS RESURFACING CITY: CITY OF CUPERTINO, a Municipal Corporation of the State of California City Clerk: Grace Schmidt 'l_ ,-'7:-{_p --{ 'J Approved as to form by City Attorney: ;pJ) ef city Attorney: Randolph Stevenson Hom I hereby certify, under penalty of perjury, that David Brandt, City Manager of the City of Cupertino was du ly authorized to execute this document on behalf of the City of Cupertino . °'afJ l -I 1-f 1 v~ fl_ 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., C upertino , CA 95014 Phone: 408-777-3354 Facsim ile : 408-777-3333 AMOUNT: $ 258,620.00 ACCOUNT NUMBER:420-99-015-900-905-PV AR 00 3- 03-01 FILE NO.: 2017-13.02 CONTRACTOR: VINT AGE CONTRACTORS, INC. -::i-/ ...,_/I 't- Gene A. Edwards [Please print name here] Title: Vice President ease see a ached California Acknowledgement [If Corporation: Chairman, President, or Vice President] By :&~ ?/l2,/l c) / ~ [Si gnature] Please see attached California Clarence H. Moreland III A k I d t c no··· e §emen [Please print name here] vv Title: Secretary [If Corporation: Secreta1y, Assistant Secretaiy, Chief Financial Officer, or Assistant Treasurer] 416130 C12 C39 C13 A State Contractor's Licens e No. Classification 12/31/2017 Expiration Date Taxpayer ID No. __ 9_4_-2_7_7_5_9_7_3 _____ _ Name: Gene A. Edwards ----------------- Title : ___ V_ic_e_P_re_s_id_e_n_t ________ _ Address : 2367 Ocean Ave, San Francisco, CA 94127 Phone:-~< 4_1_5~) _28_2_-_16_0_2 ______ _ Facsimile: ( 415) 282-1603 NOTARY ACKJ'IOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND C ORPORATE NOTARY ACKNOWLEDEMENT AN D FEDERAL TAX ID ARE REQ UIRE D. IF NOT A C ORPORATIO N SOCIAL SEC RJTY NO. IS REQ UIRED ?~ 1/D \B -IL\V> END OF DOCUMENT C ity of C upertino 00520 - 6 Contract Varian & Monta Vi sta Parks -Courts Re s urfac ing CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 • A nota ry public or other officer completing th is certifica te verifies only the identity of the individual who signed th e document to which this certificate is attached , and not the truthfulness , accuracy, or validity of that document. State of California County of ..SA N f fl-&JL1 S,c:;; On ~Aj 11-, 2-0J }: before me ,C r-j~TA1.---~A:o -WO')e,P--ECl'i:S:, No ";!} /?u£41cf , Date / ..-1 Here lnse~ N~me and Title of the Offic personally appea red (.::/1 G/11€ I/-· {;:: .b W // ~))J ;J /> Name(s) of Signer(s) / // L-L/l!l'-r;-AJ c.·r::_-/I, ,#1o~EL.A/l/j) /// who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i&/are subscribed to the within instrument and acknowledged to me that l1e/shef they executed the same in ~their authorized capacity(ie s), and that by h+siher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, ex ecuted the instrument. r .............. .v ................................. -~'l('& ..................................... 1 a. CRYSTAL AaWRT0-1.UMBRERAS iii NO;AR{~~st,~::~ORN~ ~ San Francisco County j Commission Expires Deceml)8r 12, 2018 : L~ .. -.................................... ~ ............................................... . 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 hand and official seal. 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 D~u~w.t flYIONT/1 V/J/;,/ pAl<f!'-f -c'OIA/21..J /-5Stf1JF/'?C/~ Title or Type of Document: ./I I. Document Date: ?1--fr1.L.2.....0 11-: Number of Pages : / Signer(s) Other Than Named Above : 1 7 Capacity(ies) Claimed by S ~ner(s) A // Signer's Name: b,e,t,/e;, !}_. f?DU.Mt!dlJ Signer's Name : Ct..4/lEAIC~ a, J1fJ/!l U9 1v!J D Corporate Officer -Title(s): D Corporate Officer -Title(s): ______ _ D Partner -D Lim ited D General D Partner -D Limited D General go Individual D Attorney in Fact ~ndividual D Attorney in Fact Trustee / D Guardian or Conservator Trustee D Guardian or Conservator Other: i /(.E ,Pl!-e f I i)&N'f: Other: C'lBC.J'l.E-r&:~ Signer Is Representing: Signer Is Representing : __ J-=-------- ©2 01 4 National Notary Association· www.NationalNotary .org • 1-800-US NOTARY (1-800-876-6827) Item #59 07 1// Contractor's Name: Vintage Contractors, Inc. DOCUMENT 00400 BID FOR.t'VI !Attachment A I Project No. 2017-13.02 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. (Firm/Company Name) Re: PROJECT NUMBER2017~13.02 VARIAN & MONTA VISTA PARKS-COURTS RESURFACING 1. 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 tl1e disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days aftel' the day of 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 5. 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. 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). 6. The undersigned Bidder understands that City reserves the right to rejectthis Bid. 7 . 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). 8. 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. 10. 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 City of Cupertino Bid Form Varian & Manta Vista Parks -Courts Re surfacing 00400 -1 Contractor 's Name: Vintage Contractors, Inc. Project No . 2017-13 .02 the State of California, in form 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). City of Cupertino Bid Form Varian & Monta Vista Parks -Courts Resurfacing 00400-2 Contractor's Name: Vintage Contractors, Inc. Project No . 2017 -13.02 NOTICE Required Contractor and Subcontractor Registration [Applies if Bid is submitted on or after March 1, 2015 or if Contract is awarded on or after April 1, 2015] City of Cupertino 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 perform public work pursuant to Labor Code Section 1725.5. 2. Subject to Labor Code Sections 1771.l(c) and (d), any Bid not complying with paragraph, above, shall be returned and not considered; provided that if Bidder is a joint venture (Business & Professions Code Section 7029.1) or if federal funds are involved in the 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. Bid Form Varian & Mon ta Vista Parks -Courts Re s urfacing 00400 -3 Contractor 's Name: Vintage Contractors, Inc. Project No. 2017-13.02 SCHEDULE OF BID PRICES All Bid items, including lump sums and unit prices, must be filled in completely . Quote in figures only, unless words are specifically requested . ITEM DESCRIPTION UNIT EST UNIT TOTAL QTY .PRICE 1 Complete all work at Varian & Monta Vista Parks -Courts Resurfacing as shown in the LS plans and project manual. 1 1 $258 ,620 .00 TOTAL BASE BID I TOTAL BASE BID: Two Hundred Fifty Eight Thousand Six Hundred Twenty Dollars and Zero Cents (in words) Unit Legend LS= Lump Sum EA= Each LF = Linear Feet TON :a: Ton or 2 ,000 Pounds CY= Cubic Yards LB= Pounds City of Cupertino Varian & Monta Vista Parks -Courts Resurfacing AL = Allowance SF = Square Feet 00400 -4 Bid Form Contractor's Name: Vintage Contractors , Inc. Project No. 2017-13.02 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 perform the Work within the time stated and in strict accordance with the Contract Docwnents for the sums of money listed in this Bid Form. NAME OF BIDDER: __ V_in_t_a=g_e_C_o_n_tr_a_c_to_r_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_/_3_1/_1_7 _________________ _ DIR Registration No.: _1-'--'0~00~0~04~4~7~5 ________ _ 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 e of California that the foregoing is true and correct. Signature ofBidder 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 behalfofthe 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: Clarence H. Moreland Ill, President Gene A Edwards Vice President Typed Full Name: Telephone Number(s): 415-282-1602 Fax Number(s): 415-282-1603 E-Mail Address: vincon@vintagecontractors.com END OF DOCUMENT City of Cupertino Bid Form Varian & Manta Vista Parks -Courts Resurfacing 00400 - 5 KNOW ALL BY THESE PRESENTS: DOCUMENT 00411 BOND ACCOMPANYING BID Project No. 2017-13.02 Nationwide Mutual Insurance Company That the undersigned Vintage Contractors, Inc. as Principal, and the undersigned'i.s 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 ($------h-------) lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal Vintage Contractors, Inc. 's Base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is submitting a Bid for City Project No. 2017-13.02; VARIAN & MONTA VISTA PARKS -COURTS RESURFACING THE CONDITION OF THTS 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 Perfo1mance 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. IN WITNESS WHEREOF, the above bounden parties have executed this instrument this 23rd day of June ,2011... (Corporate Seal) (Corporate Seal) City of Cupertino Varian & Monta Vista Park s -Courts Resurfocing By By V~ Contractors, Inc. " ~ ,ftet,~+ (\ant\&-f\ , tl\Ol'C.~rd lit Principal Nationwide Mutual Insurance Company Surety END OF DOCUMENT Bond Accompanying Bid 00411-1 BESC SAMPLE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ~~~iGJ-/?&.~~~1iW&~~!G»~~"'~~~~~~-~-~-~-~-=;.;~ 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 June 23, 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~ whose nameQ!) is/~)( subscribed to the within instrument and acknowledged to me that M*;he/}(i)(y(executed the same in )(i~her~!)(authorized capacity(PI[~. and that by ))1:!~her~J(signature(M on the instrument the person~, or the entity upon behalf of which the personQ{) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 6 . Signatuce ~ ~ _/).) Signatunrnfary ub/ic 0 ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ------------- Capacity(ies) Claimed by Signer{s) Signer's Name: ___________ _ Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ D Partner -0 Limited O General 0 Partner -0 Limited D General D Individual [5a Attorney in Fact 0 Individual O Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other:---------------0 Other: -------------- Signer Is Representing: _________ _ Signer Is Representing : ________ _ il<$W@,'%~~rn--&™~~~~,<;,'!;,1</!i&~~ ©2014 National Notary Association• www.NationalNotary.org • 1-800 -US NOTARY (1-800 -876-6827) Item #5907 KNOW ALL MEN BY THESE PRESENTS THAT: Power of Attorney Nationwi de Mut ual Ins urance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation AMCO Insurance Company , an Iowa corporation Allied Property and Casualty Insurance Company , an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make , constitute and appoint: GREGORY D. MCCARTNEY MARY P.BAEZ JAMES E. MCGOVERN BELMONT CA each in their individual capacity, its true and lawful attorney-in-fact , with full power and author ity 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 Cofll)any thereby, as fully and to the same extent as if such instruments were signed by the duly authorized off icers of the Company; and all acts of said Attorney pursuant to the author ity 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 th e 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 , polic ies, contracts guarantee ing the fidelity of persons holding pos itions of public or private trust, and other writings 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-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 th e seal of th e Comp any thereto; provided, however, that said seal shall not be necessary for the validity of any such documents.• This powe r of attorn ey is signed and sealed under and by the following bylaws duly adopted by the board of dire ctors of th e Company . Execution of Instruments. Any vice president, any assistant sec retary or any assistant treasurer shall hav e th e pow er and au thority to sign or attest all approved documents, Instruments, contracts , or other pape rs in conn ecti on with the ope ration of the business of the company in addition to the chairman of th e board, the chief executive officer, president, treasurer or secretary; prov ided , however , the signature of any of them may be printed , engraved, or stamped on any approved document, contract, Instrument, or oth er papers of the Compa ny. IN WITNESS WHEREOF , the Company has caus ed th is Instrumen t to be se~aled and duly attested by the signatu re of its office r th e ~ day of February , 2014 . #c~::~ .. •~;,-!It ~ ' .lfi.~1 ·· ... ,.. 1#"":;;;;-~\ Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company !sfSEAL°.~i , !SEAL\ ~ and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insuran ce Company, ~·\. "''"'""./•# \•\ _)•ii AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance \ <,i ...... ;ji. I \ iit ··· ···~ I Company -.,w;:... liliift.~ .... '.'II~ r1-~:!!~~A ,~~~~\ ,/I!, ·~~ ,,,,,..··..,,,..,,;····.'i.+. \·\~~::J*J Ji(~EA~)!J :a,,,;,. ·A ,I ........ ..-.1 "'-.,~~ "'~~...:" ··~~ .~,.~ ,,~~'»¥~ .$<?-~(ii>.~ r.?.:· ,i.,,,,,/~il i'l ""'""' -~l ACKNOWLEDGMENT STATE OF IOWA, COUNTY OF POLK: ss On this ~day of February , 2014, before me came the above-named officer for the Companies aforesaid, to me personally known to be the officer descr ibed 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 Compan ies, and the said corporate seals and his signature were duly affixed and subsc ribed to said instrument by the authority and direction of said Compan ies. Sandy Alltz Notnrlol Scol-lowa ffsEALl!:~ ill \ .. s. EAL.,!! ~*\. ./*~ ~ • C onuuls!<lonNumbcr 152785 Notary Public T~'~'-~# ~\--\,.t.-# My Co~:i:~:;:~:arell, 24 , 2017 My ~~:~l~!'.o;o~tres I, Rob ert W Horne r 111, Sec retary of the Companies , do he reby certify that th e foregoing Is a full, true and correct copy of th e original power of anorn ey is sued by th e Company; that the resolution included there in Is a true and correct transcript from the minutes of the meetings of the boards of di rectors and the same has not been revoked or amended in any ma nner; that said Terrance Williams was on the date of the execution of the foregoi ng power of attorney the duly el ected officer of th e 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 subsc rib ed my name as Secretary, and afti xed the corporate seals of said Companies t his 23rd day of June , 20.1.l_. a 1---(,V )/-------a Se cretary This Power of Attorney Expires -~1=2/~0S~/~19 ___ _ BDJ 1(03 -14) 00 2431 8 Project No. 2017-13.02 DOCUi\1ENT 00430 REQUIRED SUBCONTRACTORS LIST Bidder must provide the following Listed Subcontractor information in conformance with the California Public Contract Code where the value of the Subcontractor's work is or exceeds \,) of one 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 Subcontracto1·' s DIR Registration and Location of Place of Business Work License No. Number NONE I I I I I I I I Attach additional sheets if necessary I I City of Cupertino 00430 -1 Subcontractors List Varian & Monta Vista Parks -Courts Resurfacing Project No . 2017-13.02 NOTICE: Requfred Contractor and Subcontractor Registration /Applies if Bid is submitted 011 or after March 1, 2015 or if Contract is awarded on or after April 1, 2015] 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 perform public work pursuant to Labor Code Section 1725.5. 2) Subject to Labor Code Sections 1771.l(c) and (d), any Bid not complying with paragraph above, shall be returned and not considered; provided that if Bidder is a joint venture (Business & Professions Code Section 7029.1) or if federal funds are involved in the 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 00430 -2 Subcontractors List Varian & Monta Vista Parks -Courts Resurfacing DOCUMENT 00481 NON-COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE §7106 Project No . 2017-13 .02 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUB1\.1ITTED WITH BID ST A TE OF CALIFORNIA ) ) ss. COUNTY OF San Francisco ) Clarence H. Moreland 111 being first duly sworn, deposes and says that he or she is President [Office of Affiant] of Vintage Contractors, Inc [Name of Bidder], the party making the foregoing Bid, that the Bid is not made in the interest of, 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, pa1tnership, 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: Vintage Contractors, Inc. Clarence H. Moreland Ill, President Subscribed and sworn before me _______________________________ _ This 27th day of _J_u_n_e ___ ___, 20 17 Notary Public of the State of C-AL.4~5p...i,j IA In and for the County of \lJ.\N \N C...\f..(o My Commission expiresD1:Le: 1Yli2E ~ ( 2 1 ;1011') (Seal) Please see attached California Jur-at,,..- (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 -I Non-Collusion Affidavit Varian & Monta Vista Parks -Cou1ts Resurfacing CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§ 8202 ~· ){_see Attached Document (Notary to cross out lines 1-6 below) D See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 2 3 4 ___________________________________________ _ Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 iSAW f P-·l\iJ.c..-\&(:o Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 2-r day of .:::IuN C . 2ofr by Date U Month Year (1) c.. \../\f-6,JJc.iz n· fv'v~LANb> I} I (and (2) _________ -.--___ ), Nameji) of Signe~(4 proved to me on the basis of satisfactory evidence to be the person~ who appeared before me. =_;..,.,~ef:-J~ -Signature_~~--,1~,,,--~--~-..,,----+.'--~-- Sign~tul'fMf otaryPub/ic ---------------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: /1/0N'·COLU/.i./lJN -1/Frt })AV/I Document Date: ~N~ .2..l:12..ci1- Number of Pages: _(_ Signer(s) Other Than Named Above: _____________ _ ~~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 Project No . 2017 -13 .02 DOCUMENT 00210 INDEMNITY AND RELEASE AGREEMENT Dated June 26, 2017 POTENTIAL BIDDER: Vintage Contractors, Inc. CITY: THE CITY OF CUPERTINO SITE: Varian Park -22290 Varian Way Monta Vista Park -22601 Voss Avenue PROJECT: VARIAN & MONTA VISTA PARKS-COURTS RESURFACING In consideration of the above-referenced City's permitting the undersigned potential bidder ("Bidder") to have access to, and to conduct investigations, tests and/or inspections on, the Site, Bidder hereby agrees as follows : 1. To the greatest extent permitted by law, Bidder hereby releases, and shall defend, indemnify and hold harmless City, and its officers, employees, consultants (including without limitation Consulting Engineer), representatives, and agents , and all other parties having any other interest in the Site, against any claim or liability, including attorney's fees , arising from or relating to any Site-related access, investigation, test, inspection and/or other activity conducted by Bidder or any of Bidder's officers, employees, consultants, representatives, and/or agents, regardless of whether claim or liability is caused in part by the negligence of City or by any relea sed and indemnified party. 2. Bidder hereby waives the provisions of California Civil Code Section l 542 which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor. 3. Bidder shall repair any damage to the Site or adjacent property resulting from activities authorized hereunder, and comply with and be subject to all other requirements and obligations described or referenced in Document 00320 (Geotechnical Data and Existing Conditions). 4. Attached hereto (or to be delivered separately before Bidder's visit to the Site) is a certificate for comprehensive general liability insurance satisfying the requirements of Document 00700 (General Conditions). 5. Although this Indemnity and Release Agreement is not a Contract Document (see Document 00520 Contract), it shall be fully effective and binding regardless of whether Bidder submits a Bid for the subject Project, is awarded a contract for the Project, or otherwise. Vintage Contractors, Inc. Nameo~- By: ~ Signature Clarence H. Moreland Ill Its: President Title (If Corporation: Chairman, President or Vice President) City of Cupertino 00210-1 Varian & Manta Vista Parks -Courts Resurfacing By:~~~~~-~ ~ene A. Edwards Its : Vice President/1re~su.,-e.r Title (If Corporation: Secretary, Assistant Secretary, ChiefFinancial Officer or Assistant Treasurer) Indemnity and Release Agreement Project No. 2017-13.02 DOCUMENT 00320 GEOTECHNICAL DATA, HAZARDOUS MATERIALS SURVEYS AND EXISTING CONDITIONS 1. SUMMARY This Document 00320 sets forth the terms and conditions under which Bidder may review, study, use, or rely upon geotechnical data at or contiguous to the Site, and existing conditions information concerning existing conditions at or contiguous to the Site. This Document 00320, the available geotechnical, soil and asbestos data, and the supplied existing conditions information are not Contract Documents. 2. REPORTS AND INFORMATION A. City, its consultants, and prior contractors may have collected documents providing a general description of the Site and conditions of the Work. These documents may consist of geotechnical reports for and around the Site, contracts, contract specifications, as-built drawings, utility drawings, and information regarding Underground Facilities . These reports, documents and other information are not part of the Contract Documents . They are provided in Appendix "A" and "B" and are "For Infol'mation Only". A -Varian Park Construction Details -1977 B -Manta Vista Park Construction Details -1982 3, USE OF INFORMATION ON EXISTING CONDITIONS A. Aboveground Existing Conditions. Under no circumstances shall City be deemed to make a warranty or representation of existing aboveground conditions, as-built conditions, or other aboveground actual conditions verifiable by reasonable independent investigation. These conditions are verifiable by Bidder by the performance of its own independent investigation that Bidder must perform prior to bidding and Bidder must not rely on the information supplied by City regarding existing conditions. Bidder represents and agrees that in submitting its Bid, it is not rely in g on any information regarding existing conditions supplied by City. B . Underground Facilities . Information supplied regarding existing Underground Facilities at or contiguous to the Site is based on information furnished to City by others (e.g., the owners or builders of such Underground Facilities or others). Except as expressly set forth in this Document 00320, City does not assume responsibility for the accuracy, completeness or thoroughness of this information, and Bidder is solely responsible for any inte rpretation or conclusion drawn from this information. Except as expressly set forth in this Document 00320, City will be responsible only for the general accuracy of information regarding Underground Facilities, and only for those Underground Facilities that are owned by City . This express assumption of responsibility app lies only if Bidder has conducted the independent investigation required of it and discrepancies were not apparent. City of Cupertino Geote chnical Data and Existing Condi t ions 00320 -1 Project No. 2017-13.02 4. LIMITED RELIANCE PERMITIED ON CERTAIN INFORMATION A. Geotechnical Data. For injol'mational pu,pose only. Except as expressly set forth in this Document 00320, City does not warrant, and makes no representation regarding, the accuracy or thoroughness of any geotechnical data. Bidder represents and agrees that in submitting its Bid, it is not relying on any geotechnical data supplied by City, except as specifically set forth herein. B. Bidder may rely upon the general accuracy of the "technical data" contained in the geotechnical reports and drawings identified above, but only insofar as it relates to subsurface conditions, provided Bidder has conducted the independent investigation required of it and discrepancies were not apparent. The term "technical data" in the referenced reports and drawings shall be limited as follows: 1. The term "technical data" shall include actual reported depths, reported quantities, repo1ied soil types, reported soil conditions, and reported material, equipment, or structures that were encountered during subsurface exploration. 2. The term "technical data" does not include, and Bidder may not rely upon, any other data, interpretations, opinions or information shown or indicated in such drawings or reports that otherwise relate to subsurface conditions or described structures . 3 . The term "technical data" shall not include the location of Underground Facilities. 4. Bidder may not rely on the completeness of reports and drawings for the purposes of bidding or construction. Bidder may rely upon the general accuracy of the "technical data" contained in such reports or drawings. 5. Bidder is solely responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions, or information contained in supplied geotechnical data. 5. INVESTIGATIONS A. Before submitting a Bid, each Bidder shall be responsible to obtain such additional or supplementary examinations, investi:gations, explorations, tests, studies and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise, which 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 Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for perfonning and furnishing the Work in accordance with the time, price and other terms and conditions of Contract Documents. Bidders shall advise City in writing during the Bid period of any questions, suppositions, inferences or deductions Bidders may have for City's review and response. B. City has provided time in the period prior to bidding for Bidder to pe1form these investigations. 6. ACCESS TO SITE FOR INVESTIGATIONS Subject to reasonable scheduling, City will provide each Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies, as each Bidder deems necessary for submission of a Bid . Bidders must fill all holes and clean up and restore the Site to its former conditions upon completion of such explorations, investigations, tests, and studies . Such investigations may be performed only under the provisions ·Of Document 00200 (Instructions to Bidders) and Document 00700 (General Conditions) including, but not limited to, proof of insurance and obligation to indemnify against claims arising from such investigation work. Each Bidder shall supply all equipment required to perform any investigations as each Bidder deems necessary . City has the right to limit the number of pieces of machinery operating at one time due to safety concerns. END OF DOCUMENT City of C up ertino Geotechnical Data and Existing Conditions 00320 -2 \I °1'1\\-a.~f ~~acnn-s, \\/\c.. 'l.. '31Dr Ocea..v\ ~v-e.. SGW\~~OM.c.:S'©, C .A.<=l\.\,\'2..t CA-C°"'~c...ro,'5 Uu.""'s~ 4\eo,-s 2) Sk\ecl bid \or ~Ctry orCuper\1"'0 "Pro)ect nv.M'oer 2.0\l-!3.0'l. \J O.f'lo.n ~ Mtll\tro. ~ \t»\-o.. ~ oft.S • c.""~ ~~d \l\j En"e\ope ''~' c,ry o.rC;vec-'"''"o , c,7-""'', \0-SOO ott~ A\Je C\)~~\'fflC>,~A, ~so\" Ir-' W\: 1":.~ J.eMSe II\. RECEIVED JUN 212011 Gs· r dlfM CUPF=.RTINO CITY CLERK I I i CITY OF g Proj ect No . 201 7-1 3 .0 2 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 unde1iake 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. C ity o f Cupe rtino 005 30 -2 In surance Forms Varian & Monta Vista Parks -Courts Resurfacing Proj e ct No . 201 7-13 .02 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. Vintage Contractors , Inc. (Contractor 's Name) C ity of C up e rtino 00530 - 3 Varian & Monta Vista Parks -Courts Resurfacing 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 s urance Forms ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 7/11 /2 017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFI CATE HOLDER. IMPORTANT: If the certificate holder is an ADDITION A L 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 McGovern Insuran ce NAME : 1625 El Camino Real PHONE 650-593-8216 I rffc Nol: 650-594-9130 Belmont, CA 94002 /A/C No Extl: E-MA IL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# www.jemins .co m INSURER A: Gemini Insurance Company A+ XV 10833 INSURED INSURER B : Nationwide Mutual Insurance Co A+ xv 23 787 Vintage Contractors Inc. INSURER C: Topa Insurance Company A-V II 18031 2367 Ocean Avenue San Francisco CA 94127 INSURER D : Everest National Insurance ComDanv A+ XV 10120 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 36628862 REVISION NUMBER: THI S IS TO CERTIF Y THAT THE POLI C IES OF INSURANCE LISTED BELOW HA VE BEEN ISS UED TO THE IN SURED NAMED ABOVE FOR THE POLICY PERI OD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TE RM OR CON DITI ON OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISS UED OR MAY PERTAIN . THE INSURANC E AFFORDED BY THE POLICIE S DE SCR IBED HERE IN IS SUBJECT TO ALL THE TERMS , EXC LU SIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAV E BEEN REDUCED BY PAI D CLAIM S. INSR TYPE OF INSURANCE ADD LSUBR POLICY EFF POLICY EXP LTR ,.,.,n w"n POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS A L COMMERCIAL GENERAL LIABILITY ./ ./ VCGP022988 4/15/2017 4/15/2018 EACH OCCURRENCE $ 1,000,000 o CLA IMS -MADE . ca OCCUR DAMAGE TO RENTED >--PR EMISES /Ea occurrencel $ 50 ,000 MED EXP (Any one person) $ 5,000 >-- >--PERSONAL & ADV IN JURY $ 1,000,000 GEN'L AGGREGATE LIMIT APP LIES PER: I GENERA L AGGR EGATE $ 2,000,000 A 1 0 PRO-D Loc 2,000,000 POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER: Deductib le $ 5,000 B AUTOMOBILE LIABILITY ACP 7864955221 4/1/20 17 4/1/2018 COMB INE D SING LE LIMIT $ 1,000,000 ./ ./ (Ea accident) >-- L ANY AUTO BODILY INJURY (Per person ) $ OWNED / SCH ED ULED BOD ILY INJ URY (Per accident) $ -AUTOS ONLY _ AUTOS _L HIRED _L NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AU TOS ONLY (Pe r accidenO $ C UMBRELLA LIAB H OCCUR ./ X L-66007 75-07 4/15/2017 4/15/2018 EAC H OCCURRENCE $ 5,000,000 - EXCESS LIAB CLAIMS-MAD E AGGR EG ATE $ 5 ,000 ,000 DED I I RET ENTI ON$ $ D WORKERS COMPENSATION ./ 76000130241-71 4/1/2017 4/1/2018 ./ I ~ff TU TE I I OTH - AND EMPLOYERS' LIABILITY ER Y/N ANYPRO PRIETO R/PARTN ER/EX ECU TI VE D E.L. EAC H ACC IDENT $ 1,000 ,000 OFF ICER/MEMBER EXCLUDED? N /A (Mandatory in NH) E.L . DISEAS E -EA EMP LOYEE $ 1,000,000 If yes, descri be under DESCRIPTION OF OPE RATIONS be low E.L. DISEAS E -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101 , Ad ditio na l Remarks Schedul e, may be attached if more space is required) RE: Re s urfaci ng Courts@ Va rian & Monte Vista Parks, Cupertino Proj#2017-13.02 City of Cupertino, its directors , officers , agents and employees are named as Ad di tional In s ured & Primary Phra se : See Attached *30 day written Noti ce of Cancellation , except for non-pay of premium which is 1 O days. CERTIFICATE HOLDER CANCELLATION City of Cupertino 10300 Torre Avenue Cupertino CA 95014 SHOULD ANY OF THE ABOV DE CRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE HER OF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE P LICY ROVISIONS . ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE © 1988-2015 A The ACORD name and logo are registered marks of ACORD 36628862 I VINTA-1 l 1 7/18 -PER PROJECT I Ma ryAnn Worman I "l/ll/2017 10 :49 :00 A.1'-1 (PDT) I Page 1 of 14 Policy: _v~S,!=Q.22988 CG 2010 0413 Insured Name: 'Vintage Contractors In c. Effective Date: 7/11/2017 TIDS 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 "perspn al and "property damage" or "personal and advertisting advertising injury", that such person or organization injury". be added as an additional insured on y our policy. 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 i nsured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: · 1. Your acts or omissions; or 2 . The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent pem,itted by law; and 2. if coverage provided to the additional insured is required by a contract or agreemen~ the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreementto provide for such additional insured. 8. Wrth respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be perfom,ed by or on behalf of the additional insured(s) at the location of the covered operations has been completed ; or CG 2010 0413 I of2 36628711 I VINTA-1 I 17/18 -PER PROJECT l MaryAnn \'1orman I 7/11/2017 10 :45 :56 AM (PDT) J 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 agreement, 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; wh ichever 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 20 IO 0413 36628711 I VINTA-1 I 17/18 -PER PROJECT I MaryAnn Worman I 7/11/2017 10 :45 :56 AM (PDT) I Page 5 of 14 Date 2of2 rt Policy: VCGP022988 Insured Name:•; Vintage _C.ontractors.lnc. CG 2037 0413 Effective Date: 7/11 12017 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 DescriDtion 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 injury", that such "property damage" or "personal and person or organization be added as an advertising injury". additional insured on your policy. Resurfacin~ Courts @ Varian & Monte Vista Parks, Cupertino Proj#2017-3.02 City of Cupertino, its directors, officers, agents and employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule , but only with respect to liability for "bodily injury" 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 additiona l insured and included in the "products-completed operations hazard". However : 1. The insurance afforded to such additional insured on ly 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 t he contract or agreement to provide for such add itional insu red. B. With respect to the insurance afforded to these add itional insureds, the following is added to Section Ill - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance : 1. Required by the contract or agreement ; or 2. Ava ilable underthe appl icable Lim its of Insurance shown in the Dec larations ; whicheve r is less. CG 20 37 0413 36628711 I VINTA -1 I 17/18 -PER PROJECT I MaryAnn Worman I 7/11/2017 10 :45 :56 AM (PDT) I Page 2 of 14 1 of 2 This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG20370413 2 of 2 36628711 I VINTA-1 J 1 7/18 -PER PROJECT I MaryAnn Worman I 7/il/2017 10 :45 :56 AM (PDT) I Page 3 of 14 Policy Number: VCGP02298B. ... VE01 841213 Insured Name:\{intage Contcc:1ctors Inc , ..... _ Effective Date: Y{11/2017 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 t hat 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 cla ims 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 36628711 I VINTA-1 J 17/18 -PER PROJECT I MaryAnn Worman I 7/11/2017 10 :45 :56 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. Arry payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages 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 contracting parties deviate from plans, blueprints, designs, specifications or timetables , the project will still be deemed 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. · MaryAnn orman Da te VE01 841213 Page 2of2 36628711 I VINTA-1 I 17/18 -PER PROJECT I MaryAnn 11orrnan I 7/1 1 /2017 10 :45 :56 AM (PDT) I Page 8 of 14 Policy: \/CGP022988 Insured Nam-e: Vintage Contra~tors Inc .. CG20010413 Effective Date: 4/15/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARYANDNONCONTRIBUTORY- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part The following is added 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 D CG 2001 0413 l of 1 36628711 I VINTA-1 I 17/18 -PER PROJECT I MaryAnn Worman I 7/.:1/2017 10 :45 :56 AM (PDTi I Page 9 of 14 POLICY NUMBER: VCGP022988 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 LIABILITY 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. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above . rilu(t1 Date CG 24 04 05 09 © Insurance Services Office, Inc ., 2008 Page 1 of 1 D 36628711 I VINTA -1 I 1 7/1 8 -PER PROJECT I MaryAnn Worman I ?ill/2017 10 :45 :56 AM (PDT) I Page 11 of 14 Policy Number: VCGP022988 Insured Name: VINTAGE CONTRACTORS INC Number: 43 VE01390515 Effective Date: 03/29/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED ENTITIES This endorsement modifies insurance provided under the following : Commercial General Liabili ty Coverage Part SCHEDULE Name of Person or Organization: City of Cupertino , its directors, officers , agents and employees Street Address: 10300 Torre Avenue City: Cupertino State: CA Zip Code: 95014 TRANSACTION PREMIUM CHARGE If we cancel this policy on or before the expiration date of the policy, we will mail or deliver to the person or organization shown in the schedule above , written notice of cancellation to the address included above at least 30 days before the effective date of cancellation . Notice of cancellation will state the effective date of cancellation. The policy will end on that date . If the notice is mailed, proof of mailing shall be sufficient proof of notice This endorsement shall not apply for the following reasons: a. Cancellation for nonpayment of premium ; or b. Non-renewal of the policy for any reason. All other terms and conditions of the policy shall apply and remain unchanged . VE01390515 Includes copyrighted material of lnsuran Se ·ce Office , Inc . Page 1 of 1 with its permission -----1---1~--tl-l'--'-'--t-t-*' MaryAnn Date 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 Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds " under the Who Is An Insured Provision of the Coverage Form . This endorsement does not alter coverage provided in the Coverage Form . SCHEDULE Name of Person(s) or Organization(s): City of Cupertino , its directors, officers , agents and employees (If no entry appears above , information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured " under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 (02-99) 36628711 I VI NTA -1 J 17/18 -PE R PROJECT I MaryAnn Worman j 7/11/2017 10 :45 :56 AM {PDT) I Page 6 of 14 ACP 7864955221 Vintage Contractors Inc. COMMERCIAL AUTO AC24040504 THIS ENDORSEMENT CHA.NG ES 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 Organi2ation: 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 tenns and conditions of this policy apply unless by this endorsement Date AC240405 04 Page 1 of 1 36628711 I VINTA -1 I 17/18 -PER PROJECT I MaryAnn Worman J 7/1 .i /2017 10 :45 :56 AM (PDT) I Page 12 of 14 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY . THIRTY DAY CANCELLATION NOTICE TO THIRD PARTY Attached To and Forming Port of Policy £ffectN~ OotQ of Endorsurwnt 04/01/2017 Nomad /r.stJrQd - ACP 7864955221 12:01AM at the Named Insured add ress shown oo the Vintage Contractors, Inc. Declarations .. Additional Premium: I Return f>rem:um:- .oo This endorsement modifies insurance provided undar the following: ALL COVERAGE FORMS Tho CANCELLATION section of the CONDITIONS section of this Policy is amJ_nded by .dding the fol lowing: SCHEDULE i'iamc of Person or Organization: City of Cupertino, its officers, directors, agents and employees Street Address : 10300 Torres 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 lhe Schedule above at the a<l<lress shown above. The notice will be mailcJ at least thirty (30) days before lhe effective date of lhe cancellation. If notice is mailed, proof of mailing will be sufficient notice. This advanced notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of lhe policy. ALL OTHER TERMS AND CONDITIONS OF THE POLI MaryAnn Wo Date ADF9045 0814 Page 1 ofl WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable tot an injury covered by this policy. We Wiil not enf9rce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accu r.ately segregating the remuneration of your employees while engaged In the work described In the Schedule. The additional premium for this endorse ment shall be 2% of the California workers' compensation premium otherwise due on such remuneration. · SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIV ER City of Cupertino, its directo rs , offi ce rs, agents and e mployees JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION *30 day written f\J oti ce of Cance llati on , except fo r non-p ay of premium w hic h is 1 O days . · This endorsement changes the policy to which It ls attached and ls effective on the date Issued unless othe stated. (The lnfonnatlon below Is required only when this endorsement Is Issued subsequent to preparation the policy.} Endorsement Effective 41 112017 Insured : Vintage Contractors In c. Policy No. . ... 76000 130241-71 Insurance Company EVEREST NATIO NAL INSURANC~ s • &~ Counte ~igned By:-------------------- ·., -1998 by the Workers' Compeneatlon lnauran oo .Ratlng Bureau of Callfomli. All rights reserved. · From the WCIRB's Callfomla Workers' Compensation Insurance Fonns Manual -1999. 36630486 I VINTA-1 I 17/18 -PER PROJECT I MaryAnn Worman I 7/11/2017 11 :27 :04 AM (PD':') I Page 10 of 12 Premium: $3,086.00 Bond No: BD753700 DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND Project No. 2017-13.02 THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated July 11, 2017 , is in the penal sum of Two Hundred Fifty-Eight Thousand Six Hundred Twenty and No/100 Dollars ($258,620.00) _______________________ [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs I through 12, attached to this page. Any singular reference to Vintage Contractors, Inc. ("Contractor"), Nationwide Mutual Insurance Company ("Surety"), the City of Cupe11ino, 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/State/Zip CONSTRUCTION CONTRACT: SURETY: Nationwide Mutual Insurance company Name One Nationwide Plaza Principal Place of Business Columbus OH 43215 City/State/Zip VARIAN & MONTA VISTA PARKS-COURTS RESURFACING PROJECT NUMBER 2017-13.02 at Cupertino , California. DATED ---~Ju=l,,_y~l~O __ , 20 l1__ in the Amount of $_2_5_8~,6_2_0_.0_0 _______ (the "Penal Sum") CONTRACTOR AS PRINCIPAL SURETY Nationwide Mutual Insurance C.ompany: (~~~I) Vintage Contractors, Inc. S1gnature:_~~------------- Name and Title: ClAret\lt ". Mol12( ~nd N., fre~,cwtt Company: (Corp. Seal) Company s;g"""'" ~ f . ~~-- Name and Title : Mary P. Baez, Attorney-in-Fact BOND TERMS AND CONDITIONS l. 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 hav e no obligation under this Bond . 3. rfthere is no City Default, Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Co nstruction Contract; and 3.2 City has agreed to pay the Balance of the Contract Sum: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or City of Cupertino 00610-I Construction Performance Bond Varian & Monta Vi sta Parks -Co urt s Resurfacing Project No.2017-13.02 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 C ity the amount of such excess; or 4.4 Waive it s right to perform and complete, arrange for completion , or obtain a new contractor and with reason a ble promptness under the circumstances, and, after investigation and consu ltati on with City, determine in good faith its monetary obligation to City under paragraph 6 , below, for the performance and completion of the Construction Contract and , as soon as practicable after the amount is determined , tender payment therefor to City with full explanation of the payment's calculation. If City accepts Surety's tender under this paragraph 4.4 , City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6 , below. 5 . If Surety does not proceed as provided in paragra ph 4 , above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond . At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation , and by way of example only, rights to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors. 6. Surety's monetary ob li gation 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 . I 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 , al l valid and proper backcharges, offsets, pay ments , indemnities , or other damages ; 6.3 Additional le ga l, de sign 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 exc lud ing attorney's fees incurred to enforce thi s Bond). 7. No right of action shall accrue on this Bond to any person or entity other than C it y or its successors or assigns. City ofCupe1tino 00610 -2 Co nstruction Perfonnance Bond Varian & Monta Vista Parks -Co urt s Resu rfacin g Project No .2017-13.02 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 couits of the County of Santa Clara , or in a court of competent jurisdiction in the location in which the work is located . Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3 .2 of this Bond unless expressly stated otherwise . 10 . All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished , shall be sufficient compliance as of the date received at the foregoing addresses . 11 . Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. l 2.1 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, includin g all Contract Documents and chan ges thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perfom1 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 justif), Contractor termination of the Construction Contract. END OF DOCUMENT C ity of Cupertino 00610 -3 Construction Performance Bond V arian & Monta Vi sta Parks -Courts Resurfacin g 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 va lidity of that document. State of California County of San Mateo on July 11, 2017 before me, __ D_e_b_o_ra_h_M_._K_n~iP~P~,_N_o_t_a~ry_P_ub_l_ic _____ _ 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 t o be the person()O whose name(.M) is/af)( subscribed to the within instrument and acknowledged to me that e®<she/Ki)(y(executed the same in )(i~her~l)(authorized capacity~*· and that by ~Mher~J(signature(* on the instrument the person()¢, 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 ... M 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. -------------------------------------------------------------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 Pag es: 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 5<I 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 Premium: Included Bond No: BD753700 Project No. 2017-13.02 DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THJS CONSTRUCTlON LABOR AND MATERIAL PAYMENT BOND ("Bond ") is dated July 11, 2017 , is in the penal sum Two Hundred Fifty-Eight Thousand Six Hundred Twenty Dollars ($258,620.00) [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs I through 14 , attached to this page. Any singular reference to Vintage Contractors, Inc. ("Contractor"), Narionwide 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/State/Zip CONSTRUCTION CONTRACT: SURETY: Nationwide Mutual Insurance Company Name One Nationwide Plaza Principal Place of Business Columbus OH 43215 City/State/Zip VARIAN & MONT AVISTA PARKS -COURTS RESURFACING PROJECT NUMBER 2017-13.02 at Cupertino , California. DATED July 10 , 20 l2_ in the Amount of $_2_5_8~6_2_0_._0_0 _______ (the "Penal Sum") CONTRACTOR AS PRINCIPAL SURETY Nationwide Mutual Insurance Compaoy, 3/Corp. Seal) Vintage Contractors, Inc. Compaoy , 1;;::/P ~o;:pany s;goatore, i:,Jk s;goatore, ="'{/ ~f Name and Title: dattrict". ~lPruNJ ~ckof""Name and Title : Mary P. B~Attomey-in-Fact 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 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for City of Cupertino 00620 -I Construction Labor and Material Payment Bond Varian & Monta Vi sta Parks -Courts Re s urfacing Project No. 2017-13.02 any amounts required to be deducted , withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor, then Surety shall pay for the same, and also, in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the court. 4. Consistent with the California Mechanic's Lien Law, Civil Code §3082, et seq ., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amount of this Bond , and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second , to satisfy obligations of Contractor and Surety under this Bond. 7. City shall not be liable for payment of any costs, expenses, or attorney 's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond . 8. Surety hereby waives notice of any change, includin g 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 requireme nt 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 §3 184. I 0. All notices to Surety or Contractor shall be mailed or delivered (at the address set fmih 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 (I) work ofa similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site . City of Cupertino 00620 -2 Construction Labor and Material Pay ment Bond Varian & Monta Vi sta Park s -Co urt s Resurfacing Project No.2017-13 .02 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 fu11her defined in Ca li fornia Civi l 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, gaso lin e , 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 Depai1ment 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 , wh ich has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that fai lu re is the cause of the failure of Contractor to pay the C laimants and is sufficient to justify termination of the Construction Contract. END OF DOCUMENT C ity of Cupertino 00620 - 3 Con struction La bor and Mate rial Pay ment Bond V a rian & Monta Vi sta Parks -C ourts Resurfacin g 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 truthfulnes s, accuracy, or validity of that document. State of California County of San Mateo on July 11, 2017 before me, __ D_e_b_o_ra_h_M_._K_n~iP~P~,_N_o_t_a~ry~P_u_bl_ic _____ _ Date Here Insert Name and Title of the Officer personally appeared __________ M_a_ry~P_._B_a_e_z ______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name(}() is/~0( subscribed to the within instrument and acknowledged to me that ti®<she /}6.)(y(executed the same in )(i~her~()(authorized capacity~~. and that by ,M'1ther~X:signature(~ on the instrument the person()!;), or the entity upon behalf of which the personC!() acted, executed the instrument. Je DEBOR 0 AH 0 M. KNIPP , 0 COMM. #2151035 z ex: "'a> Notary Public · California ~ z San Mateo County ~ 1 MX Comm. Expires Mal 26, 2020 f 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 rn: hft~ and offio al ~seal.. ~ Signature ~/iJJJJ.~~~VJ.d.lL/L!)~-~~~--1---~=,....,~=---,.,,"--,1--"~- Signature ofNary ~ 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 5(1 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 : _________ _ ©2 014 National Notary Ass ociation • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company , an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: GREGORY D. MCCARTNEY MARY P. BAEZ JAMES E. MCGOVERN BELMONT CA each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign , seal , and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature , in penalties not exceeding the sum of ONE MILLION AND N0/100 DOLLARS $ 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 de liver 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 sealed and duly attested by the signature of its officer the 13th day of February , 2014. ~ ~~?~\ ~~~~.. ~T w·11· P 'd t dCh' fO 1· Off' fN . 'd A 'b . I C ~/./ ·---~· #~---· --~,"T. errance 1 1ams, res1 en an 1e pera mg 1cer o at1onw1 e gri us1ness nsurance ompany !I{SEAL\~~ , /SEAL\ ~ 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 \ 'Di .... ·,ii.' _I \i...4i~---#---' Company ~ ... w:.--""''~ ..... ..... ~ ,.1~~-~~.. ~r.;~\ ,, ... """"' ----:l,· , ...... t ... ,..,,-~. -..:(~EJ\L.)~ d(SEAL)}J :.ti.. ·-.--·:.ti..··-._ _ .. -.... ... ,~1~ ..... ~~~ ACKNOWLEDGMENT 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 . Sandy Alltz Notarial Seal -Iowa Commission Number 152785 My Commission Expires March, 24, 2017 Notary Public 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 xed the corporate seals of said Companies this l l tb day of July ,20__!2__. /7 , / _ 2 I {.7'-o--t r--{/J , ~---d Secretary This Power of Attorney Expires _ __,.a1~2'"'1o=s""'11""9 ___ _ BDJ 1(03-14) 00 24318 Project N o. 2017-13 .02 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of VARIAN & MONTA VISTA PARKS-COURTS RESURFACING PROJECT NUMBER 2017-13.02 CUPERTINO , CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein . Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation , all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship . Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom , which shall appear within one year, or longer if specified , from the date of Final Acceptance. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or regulations , or by the terms of Contract Documents , any Work is found to be defective , Contractor shall promptly , without cost to City and in accordance with City 's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom . If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage , City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work , or defects are discovered outside the correction period, City shall have all rights and remedies granted by law . Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall , at its own expense, replace or repair any such equipment, material , or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period . All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents , including, without means of limitation , Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor 's duties , obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inco · all be resolved in favor of the higher level of obligation of the Contractor. Vinta e Contractors Inc . Contractor 's Name 2367 Ocean A venue Address San Francisco, CA 94127 City/State/Zip C ity of C upertino Varian & Manta Vi sta Parks -Co urts Resurfacin g July 12, 2017 Date END OF DOCUMENT 006 30 -I Guaranty