The URL can be used to link to this page

17-116 Con-Quest Contractors, Inc., Storm Drain Improvements-Foothill Blvd and Cupertino Rd -Rebid, Project No. 2017-10RECORDING REQUESTED BY ~ City of Cupertino WHEN RECORD ED M A IL TO City Clerk's Office City of Cupertino 10300 Torre A v enue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27283 23867925 Regina Alcomendras Santa Clara County -Clerk-Recorder 02/14/2018 11:43 AM Ti lles: 1 Fees : 10.00 Taxes : 0 Total : 0 .00 Pages: 3 (SPAC E A BOVE THIS LIN E FOR RECORDER'S U SE) NOTICE OF COMPLETION CITY PROJECT NAME: Storm Drain Improvements -Foothill Blvd & Cupertino Road City Project No. 2017-10 J?J Original D For Fast Endorsement "NO FEE" City of Cupertino NOTICE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion dated February 13, 2018 for CITY PROJECT NAME: Storm Drain Improvements -Foothill Blvd & Cupertino Road City Project No. 2017-10 and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on February, 14 2018 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: February 14, 2018 By: ~ ....... ~a~p=·~--d;;c...a.c....r--1-,,.,;..b---=--="----- Senior Office Assistant .a 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: __X_ Fee Ownership Lessee Other : __________ _ 5. Construction work on the project performed on the owner's behalf is generally described as follows: City Project Name : Storm Drain Improvements -Foothill Blvd & Cupertino Rd City Project No .: 2017-10 Installation of approximately 1000 feet of 18 inch RCP, manholes and drain inlets . 6. The name of the original contractor for the project is : Con-Quest Contractors 7. The project was completed on : January 14, 2018 . 8. The project is located at: Foothill Blvd between Cupertino Road and Salem Drive, Cupertino Road 250 feet east of Foothill Blvd , Cupertino , CA. Verification : In s igning 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. Feb ruary 13, 2018; Santa Clara County ~:::====--=--=------ Date and Place ~ Timm Borden Di rector of Public Works and City Engin ee r Project No . 2017-10 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this i;\~ay of ~ , 2017, by and bet wee n CON-QUEST CONTRACTORS, INC. who se place of business is lo cated at 290 Toland Street, San Francisco, CA 94124 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority ves ted in the City by the la ws of the State of California. WHEREAS, City, on the 26th day of Jul y, 2017 awarded to Contractor the following Project: PROJECT NUMBER 2017-10 STORM DRAIN IMPROVEMENTS- FOOTHILL BOULEY ARD AND CUPERTINO ROAD-REBID 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 a ll Work specified in the Contract Document s, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Doc uments. Article 2. Agency and Notices to City 2.1 City has de s ignated John Raa ymakers , to act as City's Authorized Rep resen tati ve(s), who will represent City in performing City's dutie s and responsibilities and exercising City's rights and authorities in Contract Documents. City ma y 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 wit hout limit atio n engineering, architectural, inspection and general administrative functions, at any time with noti ce and without liability to Contractor. Eac h City's Representative is the benefici ary of all Contractor obligations to City, including without limitation , all releases and indemnities . 2.2 City has designated Pakpour Consulting Group, Inc . as the Design Consultant. City ma y change the identity of the Design Consultant at any time with notice and without liability to Contractor. 2.3 City has designated CSG Consultants, Inc. to act as Construction Managers. City ma y change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.4 All notice s or demands to City under the Contract Documents shall be to City's Authorized Representati ve at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall pro v ide 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 No tic e to Proceed at any time within 30 Da ys after the Notice of Award. Contractor sha ll not do any Work at the Site prior to the date on which the Contract Time commences to run . Contractor shall achieve Final Completion of the entire Work and be ready for Final Pa y ment in accordance with Section 00700 (General Conditions) by I 00 calendar da ys following the effective date of th e Notice to Proce ed. Storm Drain Impro ve ment s 00520 -I Con tract Foothill Blvd & Cupertino Rd-Rebid 3.2 Project No. 2017-10 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. Accordingl y, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2. l $2,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.2 $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 an y reason whatsoever, that Contractor can demonstrate to City's satisfaction is be yond Contractor 's control. Liquidated damages shall apply cumulatively and , except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. Contractor should be aware that California Department of Fish and Wildlife, and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species . Contractor hereby agrees to become familiar ,.vith 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 sh a ll 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. l City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto : See Exhibit "A" attached Article 5 . Contractor's Representations In order to induce City to enter into this Contract , Contractor makes the following representations and warranties : 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, 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 Storm Drain Improvements 00520 -2 Contract Foothill Blvd & Cupertino Rd-Rebid Project No. 2017-10 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 in formation contained in such reports and drawings. 5.3 Contractor has conducted o r obtained and has understood a ll 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 additiona l examinations, investigations , exp lorations , tests, reports , studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has corre lated its knowledge and the resu lt s of a ll such observations, examinations, investigations, explorations, tests, reports and studies with the terms and cond iti ons 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 applicab le state law , and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly author ized 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 un der 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 el seq. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes , addenda , and modifications thereto: Document 00400 Bid Form Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non -C ollusion Affidavit Document 00482 Bidder Certifications Document 005 10 Notice of A ward Document 00520 Contract Document 00530 Insurance Fo rm s 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 A ll 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 Specia l Environmental Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Storm Drain Improvements 00520 -3 Footh ill Blvd & Cupert in o Rd-Rebid Contract Technical Specification/Special Provisions Addenda(s) Drawings/Plans Project No. 2017-10 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6 . Document 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein , are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7 .2 It is understood and agreed that in no instance a re the persons signing this Contract for or on behalf of City or acting as an emp loyee, 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 ma y 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 supp ly 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 shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-in surance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents . 7.7 Should any part , term or provision of this Contract or any of the Contract Documents , or any document required herein or therein to be executed or delivered , be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity , illegality or unenforceability may be wa ived, 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 Storm Drain Improvements 00520 -4 Contract Foothill Blvd & Cupertino Rd-Rebid Project No. 2017-10 exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3 .6, Part 3, Chapter 5. Storm Drain Improvements 00520 -5 Contract Foothill Blvd & Cupertino Rd-Rebid Project No. 2017-10 IN WITNESS WHEREOF the parties have executed this Contract in duplicate the day and yea r first above written. STORM DRAIN IMPROVEMENTS- FOOTHILL BOULEVARD AND CUPERTINO ROAD-REBID CITY: CITY OF CUPERTINO, a Municipal Corporation of the State of California Attest: Approved as to form by City Attorney: ( City Attorney: Randolph Stevenson Hom l hereby certify, under penalty ofpe1jury, that David Brandt, City Manager of the City of Cupe1iino was duly authorized to exec ute this document on behalf of the City of Cupertino. Da d Brandt , City Manager of the City of Cupertino , a Municipa l Corporation of the State of Ca li fornia Designated Representative: Name: Timm Borden Title: Director of Public Works Address: 10300 Torre Ave., Cupertino , CA 95014 Phone: 408-777-3354 Facsimi le: 408-777 -3333 AMOUNT: $1,089,715 ACCT NUMBER:4:2~ Oil2 900 900'-SD 004-03-0 I FILE NO.: 20 17-10 µo '"l'l-o<f-;;t '100--4~ CONTRACTOR: CON-QUEST CONTRACTORS, INC. By:,~~-- 't3°1gnature] Paul N. Loukianoff [Please print name here] Title: President [If Corporation: Chairman , President, or Vice President] By:---------------- [S ignature] [Please print name here] Title:------------------ [! f Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] 818668 -A, B, C31 , HA Z, C57 State Contractor's License No. C lassification 04 /30/18 Expiration Date Taxpayer ID No._2_6_-_20_7_5_2_9_3 _________ _ Name: Paul N. Loukianoff Title: President Address: 290 Toland Street , San Francisco, CA 94124 Phone: (415) 206-0524 Facsimile: (415) 206-0528 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED Storm Drain Improvements END OF DOCUM ENT 00520 -6 Contract Foothil l Blvd & Cupertino Rd-Rebid CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF San Francisco ---------- On _____ 08 ..... / ..... 02_/_1 ? ______ before me, ______ M_a_rie_K_. c_as_t_illo _______ Notary Date In sert Name and Title of the officer Public, personally appeared _________ P_a_u_l _N_. _Lo_u_k_ia_n_o_ff ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct . WITNESS my hand and official seal. I / .~... Not ary Publi c · Californi a ~ i ·• Sa n Franci sc o County f z Commi ss ion # 2151143 ... 1~· • MARI E K. CASTILLO J. U U U U ,Ml S:0 T"1 t•er•J ~al t5}&2&l Sigoatu,e /Ju-~ k ~ I -------------------------------------------------------------0 PT I ON AL ------------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Ci ty of Cu pertino -Cont ract Document Date : ________ _ Number of Pages : Signer(s) Other Than Named Above : _____________ _ Capacity(ies) Claimed by Signer(s) Signers Name: _____________ _ D Corporate Officer-Title(s) _______ _ D Partner -D Limited D General · D Individual D Trustee DAttorney in Fact DGuardian or Conservator D Other : _____________ _ Signer is Representing: _________ _ Signers Name: _____________ _ D Corporate Officer -Title(s) _______ _ D Partner -D Limited D General D Individual D Trustee DAttorney in Fact DGuardian or Conservator D Other : ______________ _ Signer is Representing: __________ _ EXHIBIT A Contractor's Name: Con-Quest Contractors. Inc. Project No.2017 -10 DOCUMENT 00400 BID FORM 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: Con-Quest Contractors, Inc . (Firm/Company Name) Re: PROJECT NUMBER 2017-10 STORM DRAIN IMPROVEMENTS-FOOTHILL BOULEY ARD AND CUPERTINO ROAD-REBID I. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino ("City") in the form included in the Contract Documents. Document 00520 (Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indica ted in this Bid and in accordance wit h all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is sub mitt ed. Failure to do so will result in the bid being rejected as non-responsive. 2. Bidder accepts all of the terms and conditions ofthc Contract Documents, Documen t 00100 (Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Did will rcmjlin subject to ncceptnnce fol' 90 Days after the day of Biel opening. 3, Bidder has visited the Site and performed all tasks, research, investigati on, reviews, examinations, and analysis and given notice s, 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 bas discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereo f through Addenda is sued by City is acce ptable to Contractor. 5. Subcontractors for work included in all Bid items, in accordance with th e 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 rt:i ec t this Bid. 7 . If written notice of the acceptance of this Bid, hereinafte,· referred to as N,otice 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 there after before it is withdrnwn, the unders ign ed Bidder will exec ut e and deliver the documents required by · Document 00200 (lnstrL1ctions 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 und ers igned Bidd er at the address set forth below on the s ignature page. 10 . The undersigned Bidder herewith encloses cash, a cashier's ch eck, or cert ifi ed check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized lo do a surety business in Storm Drain Improvement s Foothill Blvd & Cupertino Rd-Rebid 00400 -1 ~OM"' OuMt ~Of\trliotors, Inc. 190 ro1and Street %t\~ J:tMolsco, OA 94124 Bid Form EXHIBIT A Contractor's Name: Con-Quest Contractors. Inc. Prnject No.2017-10 the State of California, in fo1·m specified in Document 00200 (Instructions to Bidders), in the amount of ten percent ( I 0%) of the total of Base Bid and made payable to the "City of Cupertino". 11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 (Genernl Conditions) and to complete all work within the time specified in Document 00520 (Contract). The undersigned Bidder acknow ledges that City has re served the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the l'ight 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). Storm Drain Improvements foothill Blvd & Cupertino Rd-Rebid 00400 -2 Con-Quest Contractors, Inc. 290 Toland Street San Francisco, CA 94124 Bid Form EXHIBIT A Contractor's Name: Con-Qu e st Contractors Inc Project No.2017-10 SCHEDULE OF BID PRICES All Bid items, including lump sums and unit prices, must be filled in completely . Allowances and Alternative Bid items are described in Document 00800 (Special Conditions). Quote in figures only, unless words are specifically requested. Please Note that time extensions will NOT be nern1itted with the acceptance of 1my 01· all of the Alternative Biel Items listed below. ITEM SP.EC DESCRIPTION REF 1 00800-1.27 Mobilization 2 01 56 26 Traffic Control 3 05 56 26-3.05 Portable Changeable Message Sirms 4 01 57 23 Storm Water Pollution Control Plan 5 01 50 02-1.04K Mechanical Vacuum Street Sweeping 6 01 36 00 Construction Staking 7 01 71 33-1 .04 Pothole Existing Utilities 8 31 10 00 Remove Tree Remove Temporary 9 02 41 19 Paving-Sidewalk on Cupertino Rd Remove Temporary 10 02 41 19 Paving-Driveway on Cupertino Rd 11 02 41 19 Remove Concrete Curb on Foothill Remove Concrete Curb 12 02 41 19 and Gutter on Cupertino Rd 13 02 41 19 Remove Concrete Valley Gutter on Cupertino Rd 14 02 4119 Remove Storm Drain Manhole-Cupertino Rd 15 02 41 19 Remove Storm Drain Curb Inlet-Cupertino Rd 16 02 41 19 Remove 12 Inch CMP- Cupertino Rd 17 02 41 19 Remove 12 Inch RCP and Backfill-Cupertino Rd 18 02 41 19 Remove 15 Inch RCP- Foothill Blvd Remove Abandoned 19 02 41 19 Utilities (5 LF up to 6 Inch) Foothill Blvd and Cupertino Rd Remove Abandoned 20 02 41 19 Utilities (5 LF for 8 to 14 Inch) Foothill Blvd Remove Abandoned 21 02 41 19 Utilities and Backfill {>5 LF up to 6 Inch) Cupertino Rd Storm Drain Improvements Foothill Blvd & Cupertino Rd-Rebid 00400 -3 UNIT LS LS LS LS · DY LS EA EA SF SF LF LF SF EA EA LF LF LF EA EA LF EST UNIT TOTAi;, QTY PRICE 1 1 '10,000 110,000 1 11 000 11 000 1 4,000 4,000 1 19,153 19,153 40 600 24,000 1 11 000 11 000 15 700 10,500 1 4,500 4 ,500 320 5 1,600 310 5 1,550 20 60 1,200 80 16 1,280 40 21 840 1 4,000 4,000 1 3,400 3,400 5 800 4 ,000 55 150 8,250 54 140 7 ,560 9 3,900 35 ,100 1 3,900 3,900 140 155 21 ,700 Bid Form con-Quest Contractors, lno, 290 Toland Street San Francisco, CA 04124 EXHIBIT A Contractor's Name: Con -Quest Contractors , Inc . ITEM SPEC DESCRIPTION REF Remove Abandoned 22 02 4119 Uti lities and Backfill (>5 LF up to 8 Inch) Cupertino Rd Plug Abandoned Utilities 23 02 4119 and Backfill (San itary Sewer Lateral at Main) Cupertino Rd Relocate 2 inch PVC 24 26 56 00 Street Light Conduit and Conductors 25 26 56 00 Install No . 3-1/2 Street Light Pull Box 03 20 00, 03 31 00 , 26 31 00 00, 31 10 00 , 8 Inch PVC SOR 26 32 11 23 . and Cupertino Rd 33 41 00 03 20 00, 03 31 00 , 27 310000, 31 10 00, 15 Inch RCP Class V 32 11 23, and Cupertino Rd 33 41 00 03 20 00, 03 31 00, 18 Inch RCP Class V {up 310000, 31 10 00 , 28 32 11 23, and to 8 Feet Deep) Foothill 33 41 00 Blvd And Cupertino Rd 03 20 00, 03 31 00, 18 Inch RCP Class V (8 to 29 310000, 31 10 00, 12 Feet Deep) Foothill 32 11 23, and 33 41 00 Blvd and Cupertino Rd 03 20 00, 03 31 00, ' Storm Drain Manhole {up 310000, 31 10 00 , 30 32 11 23 , and to 8 Feet Deep) Foothill 33 0513 Blvd and Cupertino Rd 03 20 00, 03 31 00, Storm Drain Manhole (8 to 3 10000, 31 10 00 , 3 1 32 11 23, and 12 Feet Deep) Foothill 33 05 13 Blvd and Cupertino Rd 03 20 00, 03 31 00, 32 310000, 31 10 00, Storm Drain Manhole T ie- 32 11 23 , and In -Foothill Blvd 33 05 13 03 20 00, 03 31 00, Storm Drain Curb Inlet 33 310000, 311000, Mod ified Caltrans Type 32 11 23 , and 33 05 13 GT4 on Cupertino Rd 03 20 00, 03 31 00, 34 310000, 31 10 00, Storm Drain Junction Box 32 11 23, and 33 05 13 03 20 00, 03 31 00, Separat ion Barrier 14 Inch 35 31 00 00, 31 10 00, Water Line Crossing on 32 11 23, and 33 05 13 Foothill Blvd Storm Drain Improv ement s Foothill nl vd & Cup ertino Rd-R ebid 00400 -4 UNIT LF EA LF EA LF LF LF LF EA EA EA EA EA EA Project No.2017-10 EST l;JNIT QTY PRICE 54 170 1 5.400 100 17 5 1 10,500 13 380 16 385 320 392 712 4 10 4 7 ,800 3 9 ,500 1 11,000 1 15,000 1 9,000 1 300 con .. Quest contraotors. tno, 290 Toland street San Franclaoo, CA 94124 TOTAL 9.180 5,400 17,500 10,500 4,940 6 ,160 125,440 291,920 31,200 28 ,500 11 ,000 15 ,000 9 ,000 300 Bid Form EXHIBIT A Contractor's N ame : Con-Quest Contractors , Inc . ITEM SPEC DESCRIPTION UNIT REF 36 01 56 26 and Cold Plane Grind (4 SF 32 12 16 Inches Deep) Foothill Blvd 01 56 26 and Cold Plane Grind (7 37 32 12 16 Inches Deep) Cupert ino SF Rd 38 01 56 26 and Hot Mix Asphalt (Type A) TN 32 12 16 01 56 26 and Micro-Surfacing-Foothill 39 32 12 16 Blvd and Cupertino Rd SF (Partial Street Width) 40 04 20 00 and Minor Concrete-Extruded LF 03 31 01 Curb Foothill Blvd 41 03 20 00 and Minor Concrete-Valley SF 03 31 01 Gutter Cupertino Rd 42 03 20 00 and Minor Concrete-Curb and LF 03 31 01 Gutter Cupertino Rd 03 20 00 and Minor Concrete-Inlet 43 03 31 01 Gutter Depression EA Cupertino Rd 44 03 20 00 and Minor Concrete-Sidewalk SF 03 31 01 Cupertino Rd 03 20 00 and Minor Concrete- 45 03 31 01 Commercial Driveway SF Cuoertino Rd 46 00800, 01 71 33 Restore Landscape LS and311000 Median Island Foothill Blvd 05 56 26 and Remove & Restripe 47 31 77 23 Caltrans Detail 13 Foothill LF Blvd 05 56 26 and Remove & Restripe 48 31 77 23 Caltrans Detail 25 Foothill LF Blvd 05 56 26 and Remove & Restr ipe 49 31 77 23 Caltrans Detail 38 Foothill LF Blvd 05 66 26 and Remove & Restripe 50 31 77 23 Caltrans Detail 39A (Bike LF Lane) Footh ill Blvd 05 56 26 and Remove & Restripe 51 Caltrans Detail 39 (Bike LF 31 77 23 Lane) Footh il l Blvd Remove & Repaint 52 05 56 26 and Pavement Markings SF 31 77 23 Foothill Blvd and Cupertino Rd 53 05 56 26 and Remove & Reinstall Sign EA 31 77 23 Reconstruct and Re- 54 01 36 00 Establish City Street EA Monument TOTAL BASE BID I Stonn Drnin lmprovemen ts Foot hill Blvd & Cuper tino Rd-Rebid 00400 -5 Project No.20 17-10 EST UNi:T' TOTAL QTY PRICE- 7 ,800 3 23,400 2 ,200 7 15,400 480 230 110 ,400 20 ,000 1.65 33,000 20 55 1,100 40 40 1,600 66 50 3 ,300 1 1,650 1,650 320 23 7 ,3 60 310 53 16 ,43 0 1 5,000 5,000 750 3.50 2,625 810 4 3,240 200 6 1,200 250 5 1,250 450 5 2,250 161 17 2,737 1 400 400 2 1,400 2,800 1,089,715 Con .. Quest contractors, Inc. 200 Toland Street san Francisco, CA 94124 Bid Form EXHIBIT A Contractor's Name: Con-Quest Contractors, Inc . Total Base Bid in Words one Million Eigh ty -Nine Thousand Seven Hundred Fifteen 03 20 00, 03 31 00, 310000, 31 10 00, 32 11 23 , 33 05 13 ALTERNATIVE BID ITEM #1 Cupertino Road Sta . 4+88 -Install Curb Inlet w/Gutter Depression . 28 LF of 12 Inch RCP , CL V, Manhole, Replacement of Sidewalk, Curb, and Gutter, Replacement of Pavement Conform and Trench Repair, Pavement Microsurface, Coordination With San Jose Water Company Regarding Exposing, Inspecting, Removing 5 LF, Capping and Backfilling Abandoned 2 or 6 Inch Water Line ALTERNATIVE # 1 BID LS Project No.2017-10 40,000 40,000 Alternative # 1 Bid in Words _F_o_rt~y_T_h_o_us_a_n_d __________________ _ Unit Legend LS= Lump Sum EA= Each LF = Linear Feet TON :: Ton or 2,000 Pounds CY = Cubic Yards LB= Pounds DY= Day Storm Drnin Improvements foothill Blvd & Cupertino Rd-R ebid AL= Allowance SF= Square Feet 00400 · 6 Con-Quest Contractors, Inc. 280 Toland Street, San Francisco, CA 94124 Bid Form EXHIBIT A Contractor's Name: Con-Quest Contractors. Inc. Project No.2017-10 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS Bi dder herby acknowledges receipt'and examination of all Contract Documents and the following Addenda: Addendum No . Addendum Date Bidder proposes and agrees to fully perform the Wo1l within the time stated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form. NAME OF BIDDER: Con-Quost Contractors, Inc . licensed in accordance with an act for the regi strat ion of Contractors, and with license number: _8~1_8_6~6~8 ______ _ Expiration Date: _,0,.._4.,,_/.,,_30,,_,/__,1""'8'------------------- D!R Registration No.: _1_0~0_0_0~0~09_2_1 ________ _ California Where incorporated, if applicable Paul N. Loukianoff -Pres, Sec, Tres, Mgr Principals I certify (or declare) under penalty of perjury under the laws of the State of California that the forego[ng is true and correct. Signature of Bidder NOTE: If Bidder is II corporation, set forth the legal name of the corporntion, state where incorporated, together with the signature of the officer or officers authorized to sign contracts on behalfof the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership, Business Address: -=2=-=9c...::O_T'-'o=-'l"""a"'"nd"'--'SC-'-tr'""'e'""'ec.-'.t __________ _ San Francisco CA 94124 Officers authorized to sign contracts: Telephone Number(s): Fax Number(s): E-Mail Address: Storm Drain Improvements Foothill Blvd & Cupertino Rd Paul N. Loukianoff -President Typed Full Name: (415) 206-0524 (4 "15) 206-0528 bidday@cqcontractors.com END OF DOCUMENT 00400 -7 Con .. Quest Oontraotors, Inc. 290 Toland Street San Francisco, CA94124 Bid Form DOCUMENT 00510 NOTICE OF AWARD Project No.20 17-I 0 Dated July 26, 2017 TO: Con-Quest Co ntrnctors , Inc . 290 Toland Street San Francisco , CA 94 I 24 CONTRACT FOR: STORM DRAIN IMPROVEMENTS- FOOTHILL BOULEVARD AND CUPERTINO ROAD-REBID PROJECT NO. 2017-10 The Contract Sum ol'your contract is One Million, Eighty-Nine T housa nd , Seven Hundred and Fifteen Dollars ($1,089,715). I. Two copies of each of th e proposed Contract Document s (excep t Specifications a nd Drawin gs ) accornpirny this Notice of Awa rd. 2. You must comply with th e following conditions precedent by 5:00 p.m. of the 10 11, Calendar Day following the dat e of this Notice of Award, that is, by A ugust 5, 2017. a. Deliver to City two fully executed counterparts of Document 00520 (Contract). Each of the Contract Documents mu st bear your signature on the cover page . b. Deliver to City two original Document 006 IO (Construction Performance Bond), executed by you and your sure ty. c. Deliver to City two original Document 00620 (Construction Labor and Material Payment Bond), executed by you and your surety. d. Deliver to City two original set of th e in s urance certificates from Documenr 00530 (Insurance Forms) with e ndors emen ts required under Document 00700 (General Conditions). e . Deliver to City two originnl copies of Document 00630 (Guaranty), eac h executed by yo u. 3. Failure to co mply with these condition s within the time specified will entitle City to consider your Bid abandoned , to annul th is Notice of Award, and to declare your Bid security forfeited. 4. Within 21 Days after yo u comply with the conditions in paragraph 2 of this Document 00510, City will return to yo u one fully signed counterpart of Document 00520 (Contract) with the Contract Documents. 5. Upon commencement o f the Work, you and each of your Subcontractors sha ll certify a nd make a vailable for inspection pa yroll record s on forms provid ed by th e Division of Labor Standards Enfo rc e ment, in accordance with Section 1776 of the California Labor Code. 'UPERT INO , a Municipal Corporation of the State ty") BY: END OF DOCUMENT Storm Drain Imp rovemen ts 00510 · I Not ice of A ward Foothill Blvd & Cupcnino Rel-Rebid EXECUTED IN DUPLICATE DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND Project No.2017-10 Bond No . 57BCSHP7355 Premium: $11,562.00 THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated July 28, 2017 , is in the penal sum of $One Million Eighty-Nine Thousand Seven Hundred Fifteen and no/1 OOs Dollars*********************************************** **************************************************************************** [ which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12 , attached to this page. Any singular reference to Con-Quest Contractors, Inc. ("Contractor"), Hartford Fire Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of Cal ifomia ("City") or other party shall be considered plural where applicable. CONTRACTOR: Con-Quest Contractors, Inc. Name 290 Toland Street Address San Francisco, CA 94124 City/State/Zip CONSTRUCTION CONTRACT: SURETY: Hartford Fire Insurance Company Name 595 Market Street, Suite 500 Principal Place of Business San Francisco , CA 94105 City/State/Zip Storm Drain Improvements-Foothill Boulevard and Cupertino Road-Rebid PROJECT NUMBER 2017-10 at Cupertino, California. DATED ___ Ju_l=-y_2_6 ____ , 20 __!I__ in the Amount of $1 089 715.00************************ (the "Penal Sum") CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Con-Quest Contractors , Inc . Company: (Corp. Seal) Hartford Fire Insurance Company Signature: ~ ??~ ., Signature: ~ ~ {/ Name and Title: Jonathan Russell, Attorney-in-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond. 3. lfthere is no City Default, Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and 3.2 City has agreed to pay the Balance of the Contract Sum: 3.2.1 To Surety in accordance with the terms of thi s Bond and the Co nstruction Contract; or Storm Drain Improve ments 00610-I Construction Perfomiance Bond Foothill Blvd & C up e rtino Rd-Rebid Project No.2017-10 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract. 4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2 , 4 .3 or 4.4, below); or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors ; provided , that Surety may not select Contractor as its agent or independent contractor without City's consent ; or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety's obligations defined in paragraph 6, below, exceed the Balance of the Contract Sum , then Surety shall pay to City the amount of such excess; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and , after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of the Construction Contract and , as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. If City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6, below. 5. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work , protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors . 6. Surety 's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum . This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall include, but are not limited to: 6 .1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to, all valid and proper backcharges , offsets, payments, indemnities, or other damages; 6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4 , above (but excluding attorney's fees incurred to enforce this Bond). 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. Storm Drain Improve ments 00610 -2 Construction Performance Bond Foothill Blvd & Cupertino Rd-Rebid Project No .20 l 7-l 0 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations , including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. I 0. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any stat utory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. 12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract. 12 .2 Construction Contract: The contract between City and Contractor identifi ed on the signat ure page of this Bond, including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract including, but not limited to, "default" or any other condition allowing a termination for cause as provided in Document 00700 (General Conditions). 12.4 City Defaul t: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT Storm Drain Improvements 00610-3 Constructio n Perfom1ance Bond Foothill Blvd & C up ertin o Rd-Rebid CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document . STATE OF CALIFORNIA COUNTY OF San Francisco ---------- On _____ 08_/_02_/_1_7 _____ before me, ______ M_a_rie_K_. _c _as_t_illo _______ Notary Dote Insert Nome and Title of the officer Public, personally appeared _________ P_a_u_l _N_. _Lo_u_k_ia_n_o_ff ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. l Notary Public . Cali forni a fa· ·:-.. . MARI E K. CASTILLO ~ 1 ~;~.;· San Franci sco County I (1 . _ 1' ,,., · Commis sion # 2151143 ? I~ -:-/} ~ 0 ,7 /J I -•••• ,Ml soT"b txt re ~a1 25, 2020 I ~ .... -k . Signature : ~a_.J'yJ)_ I -------------------------------------------------------------0 PT I ON AL ------------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document Title or Type of Document: City of Cupertino -Performance Bond Document Date : ---------07/26/17 Number of Pages : Signer(s) Other Than Named Above: _____________ _ Capacity(ies) Claimed by Signer(s) Signers Name: _____________ _ D Corporate Officer -Title(s) ______ _ D Partner -D Limited D General D Individual D Trustee DAttorney in Fact DGuardian or Conservator D Other: _____________ _ Signer is Representing: _________ _ Signers Name: _____________ _ D Corporate Officer -Title(s) _______ _ D Partner -D Limited D General D Individual D Trustee DAttorney in Fact DGuardian or Conservator D Other: ______________ _ Signer is Representing: __________ _ Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEY BOND, T -12 One Hartford Plaza Hartford, Connecticut 06155 Bond.C laims@thehartford.com call: 888 -266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: EDGEWOOD PARTNERS INSURANCE CENTER Agency Code : 57 -141 991 [Q Hartford Fire Insurance Company , a corporati on dul y o rga ni zed und er the laws of the State of Co nnecti c ut ~ Hartford Casualty Insurance Company, a corporation duly o rgani zed und er th e laws of the State of Indi ana Li Hartford Accident and Indemnity Company, a corporatio n d ul y organized und er th e laws of th e State of Connecti c ut D Hartford Underwriters Insurance Company, a c orporation duly organi zed und er the laws of th e State of Co nn ectic ut D Twin City Fire Insurance Company, a corporation dul y orga ni zed und er the laws of the State of Indi ana D Hartford Insurance Company of Illinois, a co rporation dul y organized under the laws of the State of Illinois D Hartford Insurance Company of the Midwest, a corporation duly organi zed und er th e la ws of th e State of Indi a na D Hartford Insurance Company of the Southeast , a corporati on dul y organized und er the laws of the State of Florida having their home office in Hartford , Connecticut , (hereinafter collectively referred to as the "Companies") do hereby make , constitute and appoint , up to the amount of Unlimited : Patricia Lynn Drew, Deepa Neupane, Jonathan Russel l , Kathleen Beck, Jef f Parkhurst o f SAN FRANCISCO, Ca l ifornia their true and lawful Attorney(s)-in-Fact , each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by [8], and to execute , seal and acknowledge any and all bonds , undertakings , contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law . In Witness Whereof, and as authorized by a Resolution of the Board of Dire cto rs of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Ass is tant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney . John Gray , Assistant !::iecre tary M. Ross Fisher , Senior Vice President STATE OF CONNECTICUT} ss. COUNTY OF HARTFORD Hartford On this 11th day of January, 2016, before me personally came M . Ross Fisher , to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford , State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he k nows the seals of the said corporations ; that the seals affixed to the said instrument are such corporate seals; that they were so affi xed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority . CERTIFICATE POA 20 16 / Nora M. Stranko No tary Public My Commiss io n Ex pi res March 31. 201 8 Kevin Heckman , Assistan t Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness , accuracy, or validity of that document. STATE OF CALIFORNIA } County of Contra Costa On ___ J_u_.ly_2_8_;,_2_0_1_7 ___ before me, Makenzi Jordan Rodriguez , Notary Public , Date Inse rt Name of Notary exac tl y as it app ea rs on th e offi cial sea l personally appeared _J_o_n_a_th_a_n_R_u_s_se_l_l ---------------------------- Name(s) of Signer(s) 1············f MA KENZI JOR DA N ROD RIG UEZ ;;: Nota ry Pu blic -Califo rn ra 2 i Co ntra Costa Coun ty ~ Commis sion# 2194657 - My Com m. Expires Ap r 29, 2021 Pl ace Notary Se al Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted , executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Sta te of California that the foregoing paragraph is true and correct. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Descriptio n of Attached Document Title or Type of Document: _P_e_rf_o_r_m_a_n_c_e_B_o_n_d _________________________ _ Document Date: -'J~u"-'ly~2~8~·~2~0~1~7 _____________ _ Number of Pages : _3 ________ _ Signer(s) Other Than Named Above: --------------------------- Capacity(ies) Claimed by S igner(s) Signer 's Name: Jonathan Russell D Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General ~ Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Represen ti ng: Hartford Fire Insurance Company RIGHT THUMBPRINT OF SIGNER Top of th umb here Signer 's Name : _____________ _ D Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Gu a rdian or Con s ervator D Other: _______ _ Sig ner is Representin g : RIGHT THUMBPRINT OF SIGNER Top of thumb here EXECUTED IN DUPLICATE DOCUMENT 00620 Project No . 2017-10 Bond No. 57BCSHP7355 Premium : Included in Performance Bond CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond") is dated July 28 , 2017 , is in the penal sum $One Million Eighty-Nine Thousand Seven Hundred Fifteen and no/100s Dollars*********************************** [ one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 14, attached to this page . Any singular reference to Con-Quest Contractors, Inc. ("Contractor"), Hartford Fire Insurance Company ("Surety"), th e City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: Con-Quest Contractors , Inc. Name 290 Toland Street Address San Francisco, CA 94124 City/State/Zip CONSTRUCTION CONTRACT: SURETY: Hartford Fire Insurance Company Name 595 Market Street, Suite 500 Principal Place of Business San Francisco , CA 94105 City/State/Zip Storm Drain Improvements-Foothill Boulevard and Cupertino Road-Rebid PROJECT NUMBER 2017-10 at Cupertino, California. DATED ___ J_u_,_ly_2_6 _____ , 20 ~ in the Amount of$ 1,089 ,715.00************************ (the "Penal Sum") CONTRACTOR AS PRINCIPAL Company : (Corp . Seal) Con-Quest Contractors , Inc . Signature:~ <""'1--7~ :::, \ SURETY Company: (Corp. Seal) Hartford Fire Insurance Company Signature:~ ~ {/ Name and Title: Jonathan Russell , Attorney-in-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City 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 equ ipment 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, li ens or suits to Contractor and Surety, and provided there is no City Default. Storm Drain Improvements Foothill Blvd & Cupertino Rd-Rebid 00620 -I Construction Labor and Material Payment Bond Project No. 2017-10 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 any amounts required to be deducted, withheld , and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor, then Surety shall pay for the same, and also, in case suit is brought upon this Bond , a reasonable attorney's fee , to be fixed by the court. 4 . Consistent with the California Mechanic's Lien Law, Civil Code §3082 , et seq ., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond . 6. , Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims , if any , under any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond . 7 . City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this Bond , and shall have under this Bond no obligations to make payments to , give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the term s of the Construction Contract, or to the Work to be performed thereunder, or materials or equipment to be furnished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time , alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes. 9. Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the labor or materials, or both , but , per Civil Code §3249, must be commenced before the expiration of six months after the period in which sto p notices may be filed as provided in Civil Code §3184. I 0. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. This Bond has been furnished to comply with the California Mechanic's Lien Law including, but not limited to, Civil Code §§3247 , 3248 , et seq. Any provision in thi s 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 of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute thi s Storm Drain Improvements Foothill Blvd & Cupertino Rd-Rebid 00620 -2 Construction Labor and Material Payment Bond Project No. 2017-10 Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. 14. Definitions. 14 .1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light , heat, oil , gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code §3248(b). 14.2 Construction Contract : The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 14 .3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. END OF DOCUMENT Storm Drain Improve ments Foothill Blvd & Cupertino Rd-Rebid 00620 -3 Construction Labor and Material Pay ment Bond CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ___ S_a_n_F_ra_n_c_is_c_o __ _ On _____ 08_/_0_21_1_7 _____ before me, ______ M_a_rie_K_. C_a_s_ti_llo _______ Notary Date In se rt Name and Title of the officer Public, personally appeared _________ P_a_u_l _N_. _Lo_u_k_ia_n_of_f ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. " _ Notary Public · California a MAR IE K. CASTILLO ~ ~ San Franc isc o County ~ /?J \, "' z Commission;; 2 15114 3 :': <_;~ J. ¥ O O U ,Ml ~0T'Ui tx~ru ~a, :h}&2£( Signature: !h!::~ k · I -------------------------------------------------------------0 PT I ON AL ------------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document Title or Type of Document : City of Cupertino· Payment Bond Document Date: ___ 0_71_2_6_11_7 ___ _ Number of Pages : Signer(s) Other Than Named Above: _____________ _ Capacity(ies) Claimed by Signer(s) Signers Name : _____________ _ 0 Corporate Officer -Title(s) ______ _ 0 Partner -0 Limited O General 0 Individual 0 Trustee DAttorney in Fact OGuardian or Conservator 0 Other: _____________ _ Signer is Representing: _________ _ Signers Name: _____________ _ 0 Corporate Officer -Title(s) _______ _ 0 Partner -0 Limited O General D Individual 0 Trustee DAttorney in Fact OGuardian or Conservator 0 Other: ______________ _ Signer is Representing: __________ _ Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEY BOND, T-12 One Hartford Plaza Hartford, Connecticut 06155 Bond.Claims@thehartford.com call: 888-266-3488 or fa x: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: EDGEWOOD PARTNERS INSURANCE CENTER Agency Code : 57 -141991 EJ Hartford Fire Insurance Company, a co rporation duly organi zed und er the laws of th e State of Connecticut LI Hartford Casualty Insurance Company, a corp oration duly o rga ni zed und er the laws of the State of Indiana Li Hartford Accident and Indemnity Company, a corp oration dul y organi zed und er the laws of th e State of Co nnec ti c ut CJ Hartford Underwriters Insurance Company, a corporation dul y o rga ni zed und er th e laws of th e State of Co nn ecticut CJ Twin City Fire Insurance Company, a corporation dul y organi zed und er the la ws of th e State of Indi ana CJ Hartford Insurance Company of Illinois, a co rp orati o n duly organi zed under the law s of the State of Illinoi s CJ Hartford Insurance Company of the Midwest, a corporation duly o rga ni zed under th e laws of th e State of Indi ana CJ Hartford Insurance Company of the Southeast, a corporati o n duly organized und er th e laws of the State of Florida having their home office in Hartford , Connecticut , (hereinafter collectively referred to as the "Companies ") do hereby make , constitute and appoint, up to the amount of Unlimited : Patricia Lynn Drew, Deepa Neupane, Jonathan Russel l, Kathleen Be ck, Jeff Parkhurst of SAN FRANCIS CO, Ca lif orni a their true and lawful Attorney(s)-in-Fact , each in their separate capacity if more than one is named above , to sign its name as surety(ies) only as delineated above by 181. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law . In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affi xed , duly attested by its Assistant Secretary . Further, pursuant to Resolution of the Board of Directors of the Companies , the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney . John Gray , Assistant ~ecretary M. Ross Fisher , Senior Vice President STATE OF CONNECTICUT} ss. COUNTY OF HARTFORD Hartford On this 11th day of January, 2016 , before me personally came M. Ross Fisher, to me known, who being by me duly sworn , did depose and say : that he resides in the County of Hartford , State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority . CERTIFICATE POA 20 16 // Nora M . Stranko Notary Public I" My C ommiss ion Expires March 31. 20 18 Kevin Heckman , Assistant Vice President CALIFORNIA A LL-PURPOS E A C KNOWLEDGMENT 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 Contra Costa On July 28 , 2017 before me, Makenzi Jordan Rodriguez -----'--'--'----'-----, Notary Public , Date Insert Name of Nota ry exac tl y as it app ea rs on th e offi cial seal personally appeared _J_o_n_a_th_a_n_R_u...:..s..:...se..:...I_I --------.,..,-..,....,....--c-=,----;--:---------------- Name(s) of Sig ner(s) ~@ft :,. ~ 2 M:E:l :R:::o;Rl :E; ~ _ ':-.··:-_' Notar y Public -Califo rn ia -; 5 i'."-:_. ·· Co nt ra Co sta Coun ty ". . -Co mmis si on # 2194657 My Com m. Expires Ap r 29, 2021 Pl ac e Notary Sea l Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. O P TIO NAL ------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Descripti o n of Attached Document Title or Type of Document: ....:P.....:a=..yc..:.m:..:.e=--nc..:.:t:....:B=--o=--n.:..:d=---------------------------- Document Date : __,J=u=ly,__2=8=·--=2=--=0'---'1--'-7 _____________ _ Number of Pages : ----'3"---------- Signer(s) Other Than Named Above :---------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: Jonathan Russell 0 Individual O Corporate Officer -Title(s): ________ _ 0 Partner O Limited O General [ll Attorney in Fact O Trustee O Gua rdian or Conservator D Other: _______ _ Signer is Representing : Hartford Fire Insurance Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer 's Name: _____________ _ D Individual D Corporate Officer -Title(s): ________ _ 0 Partner O Limited D General 0 Attorney in Fact O Trustee O Guardian or Conservator 0 Other: _______ _ Signer is Representing : RIGHT THUMBPRINT OF SIGNER Top of thumb here DOCUMENT 00630 GUARANTY Project No. 20 l 7-l 0 TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of Storm Drain Improvements-Foothill Boulevard and Cupertino Road-Rebid PROJECT NUMBER 2017-10 CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereb y grants to City for a period of one yea r following the date of Final Acceptance, or such longer period specified in the Contract Documents , its unconditional warranty of the quality and adeq uac y 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. Ne ither 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 wo rkman ship . Contractor shall remedy any defects in the Work and pa y for any damage re s ulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance. If w ithin 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 Document s, any Work is found to be defective, Con tractor sha ll promptly , wit hout cost to City and in accordance with City's \.vritten in struct ions , correct suc h defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defecti ve, and satisfactor il y co rrect or remo ve and replace any damage to other Work or the work of others resulting therefrom. If Co ntractor fails to promptl y comply w ith the terms of such instructions, or in an emergency where dela y would cause serious risk of los s or damage, City may ha ve 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 replacem ent. Where Contractor fails to correct defecti ve Work, or defect s are discovered outside the correction period, City shall ha ve 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 ha ve 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 , \¥ithout 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 Docum ents and at law with respect to Contractor's duties, obligations , and performance under the Contract Documents. In the event of any conflict or inconsistency bet ween the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law , such inconsistency or conJilict shall be resolved in favor of the higher level of obligation of the Contractor. Con-Quest Contractors , Inc. Contractor's Name 290 Toland Street Address San Francisco , CA 94124 City /State/Zip Stonn Drain Impro veme nt s Foothill Blvd & Cupertino Rd-Rebid 08/02 /17 Date EN D OF DOCUMENT 00630 -I Guaranty ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) ~ 08 /02 /2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC #0529370 1-800-234-6363 CONTACT Sara Dorrisey NAME : Edgewood Partners Insurance Center (EPIC) PHONE 925-822-9009 I FAX 925-887-6815 tAlr No Extl : (A/C Nol : [Branch ID 14100] E-MA IL 1390 Willow Pass Road, Suite 800 ADDRESS: sara .dorrisey@epicbrokers .com INSURER($) AFFORDING COVERAGE NAIC# Concord, CA 94520 INSURER A : NAUTILUS INS CO 17370 INSURED INSURER B : ZURICH AMER INS co 16535 Con-Quest Contractors, Inc. EVEREST IND INS co 10851 INSURER C: 290 Toland Street INSURER D: ILLINOIS UNION INS co 27960 INSURER E: San Francisco, CA 94124 INSURER F : COVERAGES CERTIFICATE NUMBER· 50528272 REVISION NUMBER· THIS IS TO CERTIFY TH A T THE POLICIES OF INSURA NCE LISTED BELOW HAV E BEEN ISSUED TO THE INSU RED NAMED A BO V E FOR THE POLICY PERIOD INDICATED. NOTW ITHSTA NDING A NY REQUIREMENT , TERM OR CONDITION OF AN Y CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO W HICH THIS CERTIFICATE MA Y BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DES CRIBED HEREIN IS SUBJECT TO A LL THE TERMS, EXCLU S IONS A ND CONDITIONS OF SUCH POLICIES . LIMITS SHOW N MAY HAV E BEEN REDUCED BY PAID CL A IMS . INSR AOOL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE ,,.,on l•••un POLICY NUMBER I IMM/00/YYYYl IMM /00/Y YY Yl A X COMMERCIAL GENERAL LIABILITY X X ECP202302310 07 /01 /17 07 /01 /18 EAC H OCCUR RE NC E $ 1,000,000 >--D CLA IMS -MAD E 0 OCCUR ~~~t ~iJ?E~~~~u~~nce\ $300,000 .___ MED EXP (A ny one perso n) $ 5,000 >--PERSONA L & ADV INJU RY $ 1,000,000 GEN'L AGGREGATE LIM IT APP LI ES PER: GENERA L AGGR EGATE $ 2,000 ,000 Fl PO LI CY 0 rm o LOC PRO DUC TS -COMP/OP AGG $ 2,000,000 OTHER : $ B AUTOMOBILE LIABILITY X X BAP011747202 07 /01 /17 07 /01 /18 COM BINED SIN GLE LIMI T S 1,000,000 >--{Ea accident) X ANY AU TO BODILY INJURY (Per pe rso n) $ >---ALL OW NE D SC HEDU LED BOD IL Y INJU RY (Per accide nl) $ >--AUTOS >--AUT OS X X NO N-OW NED PRO PER TY DAMAGE $ HIRED AU TOS AUT OS (Per acciden t} .___ ~ $ C UMBRELLA LIAB M OC CUR XC5EX00212171 07/01/17 07 /01 /18 EAC H OCC URREN CE $ 10,000,000 >-- X EXCESS LIAB CL.A IM S-MAD E AG GREG ATE $ 10,000,000 DED I I RETE NTI ON $ $ WORKERS COMPENSATION WCOll 747302 07 /01/17 07 /01 /18 x I ~f f TuTE I I OTH-B ANO EMPLOYERS' LIABILITY X ER Y I N ANY PRO PR IET OR/PAR TNE R/EXECUTI VE D E.L. EAC H ACC IDENT $ 1,000,000 OFF ICER/M EMBER EXC LUDED ? N/A (Mandatory in NH) E.L. DI SEAS E -EA EMPLOYEE $1,000,000 ~~i~~ftfft ~ ~nf~PERATIO NS below E.L. DI SEAS E -POLI CY LIMIT $ 1,000,000 D Pollution Liability CPYG24889221005 07 /01 /16 07 /01 /18 Limit 2,000 ,000 General Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule , may be attached if more space is required) RE: Project #2017-10. Improvements-Foothill Blvd & Cupertino Rd . The City of Cupertino ("City") and its directors, officers, engieners, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees , and the State of California, and its officers, agents and employees are hereby declared to be additional insureds under the terms of the General Liability & Auto Liability policies , but only with respect to the operations of the Contractor at or upon any of the premises of teh City in connection with the Contract with the City, or acts or omissions of the additional insureds CERTIFICATE HOLDER City of Cupertino 10300 Torre Avenue Cupertino , CA 95014 I ACORD 25 (2014/01) SDorrisey 505 2 827 2 in connection with, but limited to its general supervision or inspection of said premises CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPRESENTATIVE USA ~~~ © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE NAME OF INSURED: con-Quest Contractors , Inc. Additional Description of Operations /Remarks from Page 1: DATE 08 /02 /2017 Primary and Non-Contributory status applies as per the attached endorsements . 30 days notice of cancellation except 10 days for non-payment of premium. Additional lnfomiation : SUPP (05/04) Policy #BAP011747202 Coverage Extension Endorse1nent Policy No. Eff. Date of Pol . Exp. Date of Pol. Eff. Date of End. Producer No. Add'f. Prem THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured ZURICH Return Prem . 1. The following is added to the Who Is An Insured Provision in Section II -Covered Autos Liability Coverage: The following are also "insureds": ~\' a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "i nsured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activ ities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A .1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you , provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less . 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contrib utory basis and any insurance maintained by the additional "insured" will apply on an excess bas is. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment -Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II -Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds . (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work . Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 1 of 6 C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II -Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The follow ing is added to the Racing Exclusion in Section II -Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section Ill -Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV -Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less : a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; {4) Costs for extended warranties, credit life insu rance , health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repa ired rather than replaced. H. H ired Auto Physical Damage -Increased Loss of Use Expenses The Coverage Extension for loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following : Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: Includes copyrighted material of Insurance Services Office, Inc., with its permission . U-CA-424-F CW (04-14) Page 2 of 6 (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Prov ision of the Physical Damage Coverage Section: Personal Effects Coverage a . We will pay up to $750 for "loss" to persona l effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "lo ss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt. money, notes, securities, or comme rcial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi -precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section Ill -Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV -Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, vi sual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500 . The Physical Damage Coverage Deductible Provision does not apply to such "loss". In cludes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-14) Page 3 of 6 K. Airbag Coverage The Exclusion in Paragraph B .3.a. of Section Ill -Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 8.4.a. of Section IV -Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis : 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible , it will be waived ; or 2 . If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible . M. Physical Damage -Comprehensive Coverage -Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regard less of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations. whichever is greater. N . Temporary Substitute Autos -Physical Damage 1. The following is added to Section I -Covered Autos : Temporary Substitute Autos -Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permiss ion of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown ; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos -Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudu lent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be t he same as the deductible for the covered "auto" it replaces . 0. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a . of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authori z ed representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liabili ty company) or an executive officer or insurance manager (if you are a corporation). The failure of any Includes copyrighted material of Insurance Services Office , Inc., with its penni ssion . U-CA-424-F CW (04-14) Page 4 of6 agent, servant or employee of the "insured" to notify us of any "accident", claim , "suit" or "loss" shall not invalida te the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought , written not ice of the claim or "su it" including, but not limited to, the date and details of such cla im or "suit"; (2) The "insured 's" name and address ; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim , "suit" or "loss" to another insurer when you should have reported to us , your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you . P . Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition : This Condition does not apply to the extent requ ired of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contra ct. Th is waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos -Physical Damage Paragraph b . of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance -Primary and Excess Insurance Provisions Cond ition in the Motor Ca rrier Coverage Form are rep laced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own : (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" emp loyment by you or that elected or appointed officia l's duties as respect their obligations to you. However, any "auto" that is leased, hired, ren te d or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information . You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. 5. Hired Auto -World Wide Coverage Parag raph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following : (5) Anywhere in the world if a covered "auto" is leased, hired , rented or borrowed for a period of 60 days or fess , T. Bodily Injury Redefined The definition of "bod ily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury , sickness or disease , sustained by a person including death or mental anguish, resulting from any of these at any time . Mental anguish means any type of mental or emotional illness or disease. Includes copyrighted material of Insurance Services Office , Inc., with its perm is sion . U-CA-424 -F CW (04-14) Page 5 of 6 U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II -Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage -Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section Ill -Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration , when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500 . The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a convent ional gasoline engine and another source of propulsion power. The other source of propu lsion power must be electric , hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasol ine engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section : If a covered "auto" is stolen and recovered , we will pay the cost of transport to return the "auto" to you . We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage . All other terms, condit ions, provisions and exclusions of this policy remain the same. Includes copyrighted material of Insurance Services Office, Inc .. with its permission . U-CA-424-F CW (04-14) Page 6 of 6 Policy #ECP202302310 ENDORSEMENT This endorsement forms a part of the policy lo which it is att ac hed. Please rea d it carefully. DESIGNATED CONSTRUCTION PROJECT(S ) GENERAL AGGREGATE LIMIT SCHEDULE Designated Construction Projects: i Each of your projects away from premises owned or rented to you , performed dur ing the po licy period when a Designated Per Project Aggregate Limit of Insurance is required in a written contractual ag reement. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under SECTION I -COVERAGE A which can be attributed only to ongoing operations as shown in the schedule above : 1. A separate Designated Construct ion Project Limit applies to each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations page . 2. Except for damages because of bodily injury or property damage included in the products-completed operations hazard , the Designated Construction Project Limit is the most we will pay for the sum of all damages under SECTION I -COVERAGE A 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 SECTION I -COVERAGE A for damages shall reduce the Des ignated Construction Project Lim it for that des ignated construction project. Such payments shall not reduce the Genera l Aggregate Limit shown in the Declarations page nor shall they reduce any other Designated Construction Project Limit, except as affected by the Des ignated Construction Project Aggregate Limit described below . 4. The limits shown in the Declarations page for Each Occurrence and Damage to Premises Rented to you continue to app ly. 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 Limit. 5. a. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under the Designated Construction Project Limit , described in 1. and 2. above. b. Regardless of the number of construction projects or designated construction projects covered under this policy, the most we will pay as the Designated Construction Project General Aggregate is $5 ,000,000 . B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under SECTION I -COVERAGE A which cannot be attributed only to ongoing operations as shown in the schedule above : 1. Any payments made under SECTION I -COVERAGE A for damages 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 . ECP 1021 10 06 Page 1 of 2 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 Des ignated 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 IV -LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated . ECP 1021 10 06 Page 2 of2 Policy #ECP202302310 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. ADDITIONAL INSURED -BLANKET This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY In consideration of the premium charged and notwithstanding anything contained in this policy to the contrary , it is hereby agreed and understood that this endorsement shall apply only to the Coverage Part(s) corresponding with the box or boxes marked below . l:8J COVERAGES PARTS A AND 8 -GENERAL LIABILITY ~ COVERAGE D -CONTRACTORS POLLUTION LIABILITY SECTION Ill -WHO IS AN INSURED is amended to include as an insured, with respect to Coverage A , B and D, any person(s) or organization(s) when you and such person(s) or organ izat ion(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy . Such written contract or written agreement must be in effect prior to the performance of your work which is the subject of suc h written contract or wr itten agreement. Such additional insured status applies only: 1. Under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY for claims or suits resulting from : a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insu red; or b. Your work performed for such person(s) or organizations(s) and included in the products-<:ompleted operations hazard . 2. Under COVERAGE D CONTRACTORS POLLUTION LIABILITY for claims or suits arising out of pollution conditions that are the result of: a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insured; or b. Your work performed for such person(s) or organizations(s) and included in the products-<:ompleted operations hazard . With respect to damages caused by your work, as described above, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those person(s) or organization(s) with which you have so agreed in a written contract or written agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED . ECP 1004 08 16 Page 1 of 1 Policy #ECP202302310 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. It is agreed that the Company, in the event of any payment under this policy, waives its right of recovery against any Principal, but only at the specific written request of the Named Insured either before or after loss, wherein such waiver has been Included before Joss as part of a contractual undertaking by the Named Insured. This waiver shall apply only with respect to losses occurring due to operations undertaken as per the specific contract existing between the Named Insured and such Principal and shall not be construed to be a waiver with respect to other operations of such Principal in which the Named Insured has no contractual interest. No waiver of subrogation shall directly or Indirectly apply to any employee, employees or agents of either the Named Insured or of the Principal, and the Company reserves its right or lien to be reimbursed from any rec overy funds obtained by any injured employee. This waiver does not apply in any ju risdictio n or situation where such waiver is held to be illegal or against public policy or in any situation wherein the Principal against whom subrogation is to be waived is found to be solely negligent. C 2006 by Berkley Specialty Underwming Managers LLC. an llffi/late Qf Nautilus Insuran ce Company and Great Divide lnourance Company. All rights reseJVed . C 196~2006 by Insurance Ser.rit:e$ Offrce, Inc., matertal U'tl<l by penni5slon. ENV 2004 09 06 Page 1 of 1 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 0403 06 Ed. 4-84 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us .) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule . The additional premium for this endorsement shall be O. 00 % of the California workers' compensation pre- mium otherwise due on such remuneration. Person or Organization ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION Policy #WC011747302 WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Schedule Job Description ALL CA OPERATIONS Pag e 1 of 1 Storm Drain Improvements-Foothill Blvd and Cupertino Rd PROJECT NO. 2017-10 CONTRACT CHANGE ORDER Project 2017-10 Page 1 Change Order 1 DATE:1/11/2018 CCO#1 P.O.# 2018-185 Contractor:Acct. #210-99-042-900-905-SD 004-03-01 Con-Quest Contractors, Inc. 290 Toland Street San Francisco, CA 94124 Change No. 1 The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. City Authorization Type and No. Change Order Description Extra work by Contractor to assist Cablecom with the identification and relocation of two 2-inch conduits at manhole # 6 Cost $5,332.77 Date Performed:12/06/17Bill No.:EXTRA WORK REPORT DESCRIPTION OF CODE:Cablecom support at SDMH-6CONTRACT NAME / NO.:Job 084 - City of Cupertino - Storm Drain Improvements - N. Foothill Blvd. and Cupertino Rd. / Project No. 2017-10Date Prepared:12/22/17CQC Code940-94000-102WORK PERFORMED BY:CON-QUEST CONTRACTORS, INC.FACO NO.: CO NO.:Sheet1DESCRIPTION OF WORK:Assisted Cablecom at MH#6 for relocation of (2) 2" conduits with dead wireOWNED RENTED12-20 L026 2015 Ford F350 Utility Truck 6 25.30$ 151.80$ -$ AGUILAR, SAMUEL Reg. 2 75.92$ 151.84$ 230SR A021 Kobelco 235 SR Excavator 6 115.30$ 691.80$ -$ Operator O.T. 4 98.49$ 393.96$ V1056C A037 Ingersoll-Rand Forklift 6 70.78$ 424.68$ -$ OCHOA, IGNACIO Reg. 2 52.84$ 105.68$ 016-025 B007 Ho-pac compactor 6 15.48$ 92.88$ -$ Laborer O.T. 4 67.61$ 270.44$ 2 AXL L013 2005 Ford F650 Dump Truck 6 42.84$ 257.04$ -$ OCHOA, JOEL Reg. 2 49.32$ 98.64$ 06-12 L043 2017 GMC Utility Truck 6 20.29$ 121.74$ -$ Lab App O.T. 4 62.32$ 249.28$ 2 LIGHTLight tower 2 3.40$ -$ 6.80$ SEGURA, JAIME Reg. 2 54.44$ 108.88$ 2 LIGHTLight tower 2 3.40$ -$ 6.80$ Laborer O.T. 4 70.00$ 280.00$ 40SUBTOTALS 1,739.94$ 13.60$ HOMER, RODNEY Reg. 2 80.91$ 161.82$ Operator O.T. 4 105.98$ 423.90$ UNITReg.-$ COST MATERIAL WORKO.T.-$ Stevens Creek Quarry 2 tons of broken AC 1 115.0000$ 115.00$ -$ 30SUBTOTAL 2,244.44$ Stevens Creek Quarry Sand for plate securement, tons 4 17.2500$ 69.00$ -$ Labor Surcharge11% Reg / 11% OT$246.89Ten-wheeler, 1 hr for AC1 100.0000$ 100.00$ -$ Subsistence-$ -$ -$ Travel Expense-$ -$ -$ 2,491.33$ -$ -$ +20% Mark Up on Labor 498.27$ -$ -$ 2,037.54$ +15% Mark Up on Equip and Mat'l 305.63$ 5,332.77$ Subcontractor's Work-$ +5% on Subcontractor's Work-$ ITEMS AND HOURSRATES, AMOUNTS AND TOTALWork by Special Forces-$ +5% on Work by Special Forces-$ SUBMITTED: ______________________________ SUBMITTED: ______________________________5,332.77$ ACCEPTED: ________________________________ ACCEPTED: ________________________________ Resident Engineer or Inspector Resident Engineer or Inspector TOTAL COST OF LABOR, EQUIPMENT AND MATERIALSTOTAL COST OF EQUIPMENT AND MATERIAL2,037.54$ TOTAL FOR THIS REPORT Contractor's Rep. Contractor's Rep.SUBCONTRACTOR'S WORK-$ TOTAL COST OF MATERIALS284.00$ TOTAL COST OF WORK BY SPECIAL FORCES-$ MATERIAL AND/OR WORKQUANTITYAMOUNTBY SPECIAL FORCESTOTAL FOR LABORTOTAL FOR EQUIP & MAT'LLABOR HOURS RATE AMOUNTTOTAL COST OF EQUIPMENT OWNED + RENTED 1,753.54$ CON-QUEST CONTRACTORS, INC.CALTRANS EQUIPMENT CODECQC EQUIPMENT CODEEQUIPMENT DESCRIPTION HOURS RATEAMOUNT Storm Drain Improvements-Foothill Blvd and Cupertino Rd PROJECT NO. 2017-10 CONTRACT CHANGE ORDER Project 2017-10 Page 1 Change Order 2 DATE:1/11/2018 CCO#2 P.O.# 2018-185 Contractor:Acct. #210-99-042-900-905-SD 004-03-01 Con-Quest Contractors, Inc. 290 Toland Street San Francisco, CA 94124 Change No. 2 Cost $14,850.00 Repair of subsurface damage caused by water main break The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. City Authorization Type and No. Change Order Description Con-Quest Contractors, Inc. CupertinoESIMATE WORK / SUMMARY SHEET10-Jan-18Cupertino - Repair subsurface damage caused by SJWC watermain breakBaranoffDIRECTSUNIT PRICESEXTENDED COSTOWNED RENTEDOWNED RENTEDITEM DESCRIPTION QTY UNT LAB EQUIP EQUIP SUPPL MAT SUB LAB EQUIP EQUIP SUPPL MAT SUB TOTAL1Demo and Restore Surfaces impacted by SJWC watermain break0 0 0 0 0 0 02Sawcutting4 Hrs150.00 0 0 0 0 0 600 6003 Labor Foreman w/ F350 Utility Truck 16 hr 70.68 27.33 1,131 437 0 0 0 0 1,5684 Labor - 464 hr 62.48 3,999 0 0 0 0 0 3,9995 Operator - 116 hr 89.36 1,430 0 0 0 0 0 1,4306 Deere 410G Backhoe16 hr 46.14 0 738 0 0 0 0 7387 Bobtail Dump Truck16 hr 56.33 0 901 0 0 0 0 9018 AC Paving10 tons75.00 0 0 0 0 750 0 7509 Class II AB22 tons12.00 0 0 0 0 264 0 26410 Trucking12 hr115.00 0 0 0 0 0 1,380 1,38011 Dirt Dump1 Lds250.00 0 0 0 0 0 250 25012 Concrete/AC Dump Fee1 ea200.00 0 0 0 0 200 0 200Labor Surcharge 0%6,559.36 0 0 0 0 0 0 0T O T A L S - D I R E C T S OK6,559.36$ 2,076.80$ -$ -$ 1,214.00$ 2,230.00$ 12,080.16$ INDIRECTSUNIT PRICESEXTENDED COSTOWNED RENTEDOWNED RENTEDDESCRIPTION QTY UNT LAB EQUIP EQUIP SUPPL MAT SUB LAB EQUIP EQUIP SUPPL MAT SUB TOTALMove In / Out1.00 LS- - - 0 0 0 0 0 0 0Field Staff - mhrs - - 0 0 0 0 0 0 0AS BUILTS- 0 0 0 0 0 0 0O/H & Profit on Labor33.0%6,559.36 0 0 0 2,165 0 0 2,165Profit on Equipment & Supplies 15.0%2,076.80 0 0 0 312 0 0 312Profit on Material15.0%1,214.00 0 0 0 182 0 0 182Profit on Subcontractor5.0%2,230.00 0 0 0 112 0 0 112T O T A L S - I N D I R E C T SOK0 0 0 2,770 0 0 2,770T O T A L - C O S T OK6,559 2,077 0 2,770 1,214 2,230 14,850Page 1 of 1 Storm Drain Improvements-Foothill Blvd and Cupertino Rd PROJECT NO. 2017-10 CONTRACT CHANGE ORDER Project 2017-10 Page 1 Change Order 3 DATE:1/24/2018 CCO#3 P.O.# 2018-185 Contractor:Acct. #210-99-042-900-905-SD 004-03-01 Con-Quest Contractors, Inc. 290 Toland Street San Francisco, CA 94124 Change No. 3 The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. City Authorization Type and No. Change Order Description Emergency work/support related to the water main break on December 11, 2017 Cost $24,640.07 290 Toland St. Phone 415.206.0524 San Francisco, CA 94124 Fax 415.206.0528 Date: January 18, 2018 C-QC/CUP # 001 To: City of Cupertino 10300 Torre Avenue Cupertino CA, 95014 Attn: Nourdin Khayata Re: Foothill Blvd. and Cupertino Rd. Storm Drain Improvement Project Subject: Change Order Request # 1 Dear Mr. Khataya, Con-Quest Contractors, Inc. (C-QC) hereby submits the enclosed force account cost for the emergency response to the water main break on December 11th during our operation on the above stated project. The force account records are as follows: This water main break occurred as a result of the water line not having been marked by the San Jose Water Company, despite their response to the USA ticket indicating that all water lines had been marked. The printouts of the USA tickets are attached. This work totals in the sum of Twenty-Four Thousand Six Hundred Forty Dollars and Seven Cents ($24,640.07) per the attached force account sheets and corresponding supporting documentation. We request the costs be approved for immediate payment. C-QC reserves the right to recover costs and time due to unforeseen conditions resulting from these modifications for our subcontractors, suppliers, and ourselves. Please contact me at your earliest convenience to discuss any questions or concerns. Respectfully, Con-Quest Contractors, Inc. Alex Baranoff Project Manager MO / JF / CO 084 C-QC COR #Date Recognized Date Submitted DESCRIPTION CODE Submitted Price 1 12/11/2017 1/17/2018 Unmarked 8" watermain break - emergency response 940-94000-103 $ 24,640.07 Date Performed:12/11/17Bill No.:EXTRA WORK REPORT DESCRIPTION OF CODE:Unmarked 8in. watermain break - emergency responseCONTRACT NAME / NO.:Job 084 - City of Cupertino - Storm Drain Improvements - N. Foothill Blvd. and Cupertino Rd. / Project No. 2017-10Date Prepared:12/20/17CQC Code940-94000-103WORK PERFORMED BY:CON-QUEST CONTRACTORS, INC.FACO NO.: CO NO.:Sheet1DESCRIPTION OF WORK:Emergency work and support work to shore up after hitting unmarked/unknown 8" water main.OWNED RENTED12-20 L026 2015 Ford F350 Utility Truck 16 25.30$ 404.80$ -$ SALCEDO, FRANCISCO Reg. 4 57.80$ 231.20$ 230SR A021 Kobelco 235 SR Excavator 16 115.30$ 1,844.80$ -$ Lab Fore O.T. 12.5 75.04$ 938.00$ 016-025 B007 Sullair 165 H Compressor 16 15.48$ 247.68$ -$ OCHOA, IGNACIO Reg. 4 52.84$ 211.36$ V1056C A037 Ingersoll-Rand Forklift 16 70.78$ 1,132.48$ -$ Laborer O.T. 12 67.61$ 811.32$ 2 AXL L013 2005 Ford F650 Dump Truck 16 42.84$ 685.44$ -$ AGUILAR, SAMUEL Reg. 4 75.92$ 303.68$ 06-12 L043 2017 GMC Utility Truck 12 20.29$ 243.48$ -$ Operator O.T. 12 98.49$ 1,181.88$ 06-12 L022 2015 Ford F150 Pickup Truck 5 20.29$ 101.45$ -$ SEGURA, JAIME Reg. 4 54.44$ 217.76$ A Skidsteer with broom (JW Ebert) 16 33.21$ -$ 531.36$ Laborer O.T. 12 70.00$ 840.00$ 4541 380 Komatsu Loader (JW Ebert) 4 105.30$ -$ 421.20$ OCHOA, JOEL Reg. 4 49.32$ 197.28$ 2 LIGHT Light tower (United rentals) 8 3.40$ -$ 27.20$ Lab App O.T. 12 62.32$ 747.84$ 2 LIGHT Light tower (United rentals) 8 3.40$ -$ 27.20$ ORTEGA, JESUS Reg. 4 52.86$ 211.44$ 133SUBTOTALS 4,660.13$ 1,006.96$ Laborer O.T. 12 67.63$ 811.56$ PASILLAS, JULIO C. Reg. 52.86$ -$ UNITLaborer O.T. 11 67.63$ 743.93$ COST MATERIAL WORKPANIAGUA, JOSE Reg. 52.86$ -$ Broom Service, Inc. Tag # 102684.0 152.50$ -$ 610.00$ Laborer O.T. 10.5 67.63$ 710.12$ San Jose Transport Tag # 12833917.0 110.00$ -$ 1,870.00$ JIMENEZ CAMBA, RUBEN Reg. 52.86$ -$ San Jose Transport Tag # 12929216.5 100.00$ -$ 1,650.00$ Laborer O.T. 10.5 67.63$ 710.12$ 7-Eleven dinner coke Approval# 01356G 1 7.18$ 7.18$ -$ HOMER, RODNEY Reg. 4 80.91$ 323.64$ Armadillo Willy's crew dinner Approval# 01817G 1 147.23$ 147.23$ -$ Operator O.T. 8 105.98$ 847.80$ -$ -$ BARANOFF, ALEX Reg. 3 125.00$ 375.00$ Project Manager O.T. 2 125.00$ 250.00$ 145.5SUBTOTAL 10,663.93$ Labor Surcharge11% Reg / 11% OT$676.77Subsistence-$ Travel Expense-$ ITEMS AND HOURSRATES, AMOUNTS AND TOTAL11,340.70$ +20% Mark Up on Labor 2,268.14$ SUBMITTED: ______________________________ SUBMITTED: ______________________________5,821.50$ 873.23$ 20,303.57$ ACCEPTED: ________________________________ ACCEPTED: ________________________________Subcontractor's Work-$ +5% on Subcontractor's Work-$ Work by Special Forces4,130.00$ +5% on Work by Special Forces206.50$ 24,640.07$ TOTAL FOR THIS REPORT Contractor's Rep. Contractor's Rep.SUBCONTRACTOR'S WORK-$ TOTAL COST OF MATERIALS154.41$ TOTAL COST OF WORK BY SPECIAL FORCES4,130.00$ TOTAL FOR EQUIP & MAT'L Resident Engineer or Inspector Resident Engineer or Inspector TOTAL COST OF LABOR, EQUIPMENT AND MATERIALSTOTAL COST OF EQUIPMENT AND MATERIAL5,821.50$ AMOUNTTOTAL COST OF EQUIPMENT OWNED + RENTED 5,667.09$ MATERIAL AND/OR WORKQUANTITYAMOUNTBY SPECIAL FORCES+15% Mark Up on Equip and Mat'lCON-QUEST CONTRACTORS, INC.CALTRANS EQUIPMENT CODECQC EQUIPMENT CODEEQUIPMENT DESCRIPTION HOURS RATEAMOUNTLABOR HOURS RATETOTAL FOR LABOR 1 Andrei Svensson From:Alex Baranoff Sent:Tuesday, December 12, 2017 7:37 AM To:Andrei Svensson Subject:Fwd: USA ticket from Sj Water done 084 Thank you, Alex Baranoff Con-Quest Contractors, Inc. Begin forwarded message: From: Rodney Homer <rodneyh@cqcontractors.com> Date: December 11, 2017 at 10:17:46 PM PST To: Alex Baranoff <alexb@cqcontractors.com> Subject: USA ticket from Sj Water done 084 Sent from my iPhone Begin forwarded message: From: <agt_comm@irth.com> Date: November 30, 2017 at 10:05:53 AM PST To: <rodneyh@cqcontractors.com> Subject: Ticket W728400588 - Response to Dig Request ======================================================================== ====== To: CON-QUEST CONTRACTORS Attn: CALLER Voice: 4086392486 Fax: Re: Response to Dig Request This is an important message from San Jose Water replying to your request to locate our underground facilities in an area described on the one call center ticket. ======================================================================== ====== Ticket: W728400588 County: SANTA CLARA Place: CUPERTINO Address: CUPERTINO RD SJOWT2: San Jose Water Company have marked our facilities per the dig site information 2 provided by the one call center ticket. ======================================================================== ====== If you have any quesitons please contact San Jose Water. ======================================================================== ====== This message was generated by an automated system. Please do not reply to this email. 02/17/2018 C ITY OF Storm Drain Improvements-N. Foothill Blvd. and Cupertino Rd. fl CUPERTINO DATE: 2/28 /2018 Contractor: Con-Quest Contractors, Inc. 290 Toland Street San Francisco, CA 94124 PROJECT NO. 2017-10 CONTRACT CHANGE ORDER CCO# 5 P.O.# 2018-185 Acct.# 210-99-042-900-905-SD 004-03-01 The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers . Change City Authorization No. Type and No. 5 Change Order Description Quantity Adjustments-Bid Line Items See details on page 3 Page 1 Amount ($42,098.00) Change Order 5 C ITY OF Storm Drain Improvements-N. Foothill Blvd. and Cupertino Rd. fl PROJECT NO. 2017-10 CONTRACT CHANGE ORDER CUPERTINO Total Change Order No.5 Total Project: Original Contract Change Order No. I Change Order No.2 Change Order No.3 Change Order No .4 Change Order No.5 Revised Contract Schedule Impact: 0 calendar days Project Final Completion Date: 1/14/2018 REVIEWED BY: City Project Manager Date: CSG Consultants Nourdin Khayata Construction Manager D ate: Page 2 ($42,098.00) Change Order Tot ity o upertino ffJe Ti1m7 Borden $1,089 ,715 .00 $5,332 .77 $14 ,850 .00 $24,640 .07 $2 ,000.00 -$42,098.00 $4,724.84 $1,094,439.84 Dire'ctor of Public Works Date: Con-Quest Contractors , Inc . Alex Baranoff Project M an ager Date: Change Order 5 CITY OF Storm Drain Improvements-N. Foothill Blvd. and Cupertino Rd. m PROJECT NO. 2017-10 CONTRACT CHANGE ORDER CUPERTINO Bid Line Orig Revised Quantity Increase/De Item Description Unit Price Quantity Quantity Variance crease 9 Remove temp paving 5 .00 320 .0 334 .0 14.00 70 .00 11 Remove cone. curb on FH 60 .00 20.0 45.0 25.00 1,500.00 13 Remove cone . valley gutter 21.00 40.0 74.0 34 .00 714 .00 19 Remove abandoned utilities (<Slf) 3,900.00 9.0 8 .0 -1.00 (3,900 .00) 21 Remove abandoned utilities (>Slf) 155.00 140.0 204.0 64.00 9,920.00 23 Plug SS lateral and backfill 5,400 .00 1.0 2.0 1.00 5,400.00 24 Relocate street light conduit & 175.00 100.0 0 .0 -100.00 (17,500 .00) 25 3-1/2 pull bo x 10,500.00 1.0 0.0 -1.00 (10,500 .00) 37 Grind 7" Cupertino Rd 7.00 2,200 .0 2,820 .0 620.00 4,340 .00 38 HMA 230.00 480.0 525.0 45.00 10,350.00 39 Microsurfacing 1.65 20,000 .0 0.0 -20,000.00 (33,000.00) 40 Extruded cone . Curb-FH 55 .00 20.0 45 .0 25.00 1,375.00 41 Valley gutter 40.00 40.0 74.0 34 .00 1,360.00 42 Curb -gutter Cupertino Rd 50 .00 66 .0 57.0 -9.00 (450 .00) 44 Sidewalk-Cupertino 23.00 320.0 334 .0 14.00 322.00 47 Detail 13 stripe 3.50 750 .0 650 .0 -100.00 (350.00) 48 Detail 25 stripe 4 .00 810.0 80 .0 -7 30.00 (2,920.00) 49 Detail 38 stripe 6.00 200.0 30 .0 -170.00 (1,020.00) so Detail 39A stripe 5 .00 250 .0 0 .0 -250.00 (1,250.00) 51 Detail 39 stripe 5.00 450.0 0 .0 -450 .00 (2,250.00) 52 Pavement markings 17.00 161.0 84.0 -77.00 (1,309.00) 53 R & R sign 400 .00 1.0 0 .5 -0 .50 (200 .00) 54 City monument 1,400.00 2.0 0 .0 -2.00 (2,800.00) Total Quantity Adjustment Value (42,098.00) Page 3 Change Order 5