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04-027 Toll Arthitectural
City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 PUBLIC WORKS DEPARTMENT CERTIFICATE OF' COMPLETION AND NOTICE OF ACCEPTAI\fCE OF COMPLETION CIVIC CENTER AND LIBRARY PROJECT, PROJECT SIGNAGE PROJECT N0.2004-02 NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, C;~lifornia, do hereby certify that the work and improvements in hereinafter described in the cor-tract which was entered into, by, and between the City of Cupertino and Toll Architectural Graphics, Inc. on June 25, 2004 in accordance with the plans and specifications for said work, rave been completed to my satisfaction and acceptance of completion was ordered on February 15, 2005. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. `y2.,C1 CQ ~-~- ~ ~ s Director of Public Works and City Engineer of the City of Cupertino Date: February 16, 2005 Printed on Re~.ycled Paper Project No.2004-02 DOCUMENT 00520 AGREE1~lENT THIS AGREEMENT, dated this 2 b day of ~ u n Q. , 2004. by and between Toll Architectural Graphics, Inc.] whose place of business is located at 56 Ringold Street, San Francisco, CA 94103 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on 17`s day of May, 2004 awarded to Contractor the following Project: ~~ PROJECT NUMBER 2004 - 02 CIVIC CENTER AND LIBRARY PROJECT PROJECT SIGNAGE NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the (:ontract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Terry W. Greene AIA, City Architect, to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, azchitectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 City has designated David Marks of Nova Partners, Inc. to act as Construction Manager. City may assign all or part of the City Representative's rights, responsibilities ~md duties to Construction Manager. City may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.3 All notices or demands to City under the Contract Docuuments shall be to City's Authorized Representative at: 1030 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time smd Liquidated Damages 3.1 Contract Time. Contractor shall commence Work on the date established in the Notice to Proceed. City reserves the right to modify or alter the Commencement Date of the Work. Contractor shall achieve Substantial Completion within 135 Days from the date when the Contract Time commences to run as provided in Document 00700 (General Conditions). City of Cupertino Civic Center & Library Project Project Signage 4/7/04 00520 - 1 Agreement Project No.2004-02 Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 01770 (Contract Closeout) within 165 Days from the date when the Contract Time commences to run as provided in Document 00700 (General Conditions). 3.2 Liquidated Dama¢es. City and Contractor recognize that time is of the essence in this Agreement 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 Article 15 of Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Co~itractor shall pay City: 3.2.1 $250 for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion 3.2.2 $250 for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved. 3.2.3 Twenty Five Thousand ($25,000) for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualificrations for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. 3.2.4 Foriy Five Thousand ($45,000) for Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualificatio~~s for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor fails to demonstrate to City's satisfaction is beyond Contractor's control. These measures of liquidated damages for shall apply c~unulatively and except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. Co~rtract Sum 4.1 City shall pay Contractor the Contract Sum of Eighty Four Thousand, Seven Hundred and Eighty Six Dollars and No Cents ($84,786.00) for completion of Wor;~c in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: marked Exhibit "A" City of Cupertino Civic Center & Library Project Project Signage 4/7/04 00520 - 2 Agreement Project No.2004-02 Article 5. Contractor's Representations In order to induce City to enter into this Agreement, 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 famishing of Work or which relate to any aspect of the means, methods, ~:echniques, sequences or procedures of construction to be employed by Contractor and safety precautions and pro;;rams 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 and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to :rely. Contractor agrees that except .for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, Underground Facilities and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or fiunishing of Work at the Contract Sum, within the Contract Time and in accordance with the 'other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Agreement, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, agrement, order or decree binding on Contractor. 5.8 Contractor has listed the following Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq.: see exhibit "A" City of Cupertino Civic Center & Library Project Project Signage 4/7/04 00520 - 3 Agreement Project No.2004-02 Article 6. Contract Documents 6.1 Contract Documents consist of the following document:;, including all changes, addenda, and modifications thereto: Document 00510 Notice of Award Document 00520 Agreement Document 00530 Insurance Document 00550 Notice to Proceed Document 00610 Construction Performance Bend Document 00620 Construction Labor and Matf;rial Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00670 Escrow Bid Documents Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Supplementary Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Specifications City of Cupertino Division 1 General Requirements dated 4/07/04 sections 0110, 01200, 01250, 0135, 01320, 01330, ~~1350, 01410, 01411, 01420, 01455, 01500, 01540, 10600, 01715, 01740, 01770, 01780 Drawings - SMWM Cupertino Civic Center Signage Construction Documents issued for bid dated Apri17,2004. 6.2 There are no Contract Documents other than those li;~ted in this Document 00520, Article 6. Document 00320 (Geotechnical Data 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 Agreement are defined in Document 00700 (General Conditions) and Section 01420 (References and Definitions) and will have the meaning indicated thE:rein. 7.2 It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract: Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seg. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor.or Subcontractor offers and. agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 1 ti700) 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 City of Cupertino Civic Center & Library Project Project Signage 4/7/04 00520 ~ 4 Agreement Project No.2004-02 subcontract. This assignment shall be made and be;come 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, and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Agreement or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Agreement and the Contract Documents may be deemed valid and binding agreements, 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 Agreement and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to smother venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, and Chapter 5. City of Cupertino Civic Center & Library Project Project Signage 4/7/04 00520. 5 Agreement Project No 2004-02 CIVIC CENTER & LIBRARY PROJECT -PROJECT SIGNAGE IN WITNESS WHEREOF the parties have executed this Agreement in tnpltcate the day and year fast above CITY OF CUPERTINO CONTRACTOR Toll Archrtecttrttl Gr~ CITY OF CUPERTINO, a Muwc-pal CorponUon of the Stau of Califorrus Attcst Ctptyp Cl~ ~ ~`r f~ A ro as form by GttyAttorney I herebycerttfy under penalty of penury that David W Knapp of the Ctry of Cupertino was duly authorized to execuu this document on behalf of the Ctty of Cupemno by a masonry you of the Ctty Cotinctl on May 17, 2004 Da ~ • ~ ~ •W Dav W Knapp, City Manager of the t of Cupertino Corporation of the Stan of Caltfornta Designated Representative Name Terry Greene Title Senior Architect Address t 0300 Torre Avenue, Cupemno, CA 95014 Phone 408-777-3354 Facsimile 408-777-3333 lay [Please print name here] Title t 1'~j~~ [If CotporaAon Chateman , Pratdent, or Vice PteatdentJ By [st ] _ ~~ ~ H i -E-p~1r DON V1 G~ `~ r [Please pnnt mine here) l~~ ~~ ,~, ~~ ,~~,,,,..~~ ~~ ~~ Title ~S 16~~.~1_:?fe4r__:~ [I1't;orponuon Secretary. Assailant Secretary, ~ Chief Ftrtatictsl Officer, or Assistant Treasunrj _ ~d 1944 Glo1l U42 Scat Coatnctor's License No Chtsstficatron I ~31~n5 94 ' 2B3o! 4'7 Exptnuon Dau Taxpayer ID No Nsme ~~ `~~~- Title -~ Address ~~O ~Q/~- ~b '[ •T. ~ i~~~/~ Phone ~ ~' oOt~~ ~ 3727' Facsrmtle Q ~' S /~~ PROJECT NAME CIVIC CENTER 6~ LIBRARY PROJECT-PROJECT SIGNAGE NOTARY ACKNOLEDGMENT IS REQUIRED !F A PROJECT NO 21104-02 CORPORA710N, CORPORATE SEAL AND OORPORATB NOTARY ACKNOWLEDGEMENT AND FEDERAL, TAX ID AR!'s REQUIRED IF NOT A CORPORATION SOCIAL SECURITY NO IS REQUiRSD CONTRACT AMOUNT 584,786 00 ACCOUNT NUMBER 423-222-9300 END OF DOCUMENT C-ry of Cupemno Ctvtc Center & Library Project Project Stgnage gr7~Oq 00520 - 6 Agreement CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of _~n(~~~ e.~SC o ~--- ~F - On ~1vnt eZ ~ ~Oay before me, -.i Date personally appeared _~~,,~ JENNIFER JAMES-SUTTON _ Commisslon ~ 1399697 -: Notary PubNC - California San Fronclsco County - MyComm. Exptres Feb 9, 2007 Name and Hof Officer (e.g.,~Maet~ Doe, Notary Public") Name(s) of Signer(s)- ^personally known to me ,proved to me on the basis of satisfactory evidence to be the person( whose name() is/ar~a-- subscribed to the within instrument and acknowledged to me that he/sHe/H~e~-executed the same in his/her-/#taeir authorized capacity(iesj; and that by his/"^~,~m„e;;~ signature(>!~ on the instrument the person(, or the entity upon a of which the person(~~ acted, execute the i strument. ~~ WITNESS rr~ hatad and official of OPT/OIVAL Though the information below is not required by law, it may prove valuable to persons re 'ng on the do ment a ould preven fraudulent removal and reattachment of this form to another d ment. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual Top of thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ~:; © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91373-2402 • ~vww.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 Project No. 2004-02 DOCUMENT 00400 A BID FORM CITY OF CLIPERTINO CIVIC CENTER & L:[BRARY PROTECT PROTECT S~IGNAGE PROJECT Info. 2004-02 Office of the City Clerk City of Cupertino, City Hall 10300 Torre Avenue, Cupertino, CA 95014 s To be submitted as part of Envelope "A" by the time and d;ite specified in Document 00200 (Instructions to Bidders), paragraph 1. TO THE HONORABLE CITY COUNCIL OF THE CITY GF CUPERTINO THIS BID IS SUBMITTED BY: TALL. ~r'Ga`-i ( ~~~-~r'~>~ ! C ~ ~ ~ ~ . (Firm/Company Name) Re: PROJECT NUMBER 2004-02. CIVIC CENTER & LIBRARY PROJECT PROJECT SIGNAGE The undersigned Bidder proposes and agrees, if this E id is accepted, to enter into an agreement with the City of Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Agreement), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non-responsive. 2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100 (Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening. In submitting this Bid, Bidder represents: (a) City of Cupertino Civic Center & Library Projec[ 00400 A - 1 Bid Form ~ Project Signage 4/7/04 Bidder has examined all of the Contract Documents and the following Addenda (receipt of all of which is hereby acknowledged). ~~ r Project No. 2004-02 (b) Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and analysis and given notices, regarding the Project and the Site, as set forth in Document 00520 (Agreement), Article 5. (c) Bidder has received and examined copies cf the following technical specifications on City-provided, Contractor-installed equipment. (N/A) (d) Bidder has given City prompt written notice o'F 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. (e) Bidder has attended Mandatory Pre-Bid meeting on April 20, 2004 YES NO _ IF no to above, bids will immediately be considered non-responsive. 4. Based on the foregoing, Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the following sums of money listed in the following Schedule of Bid Prices: SCHEDULE OF E~ID PRICES All Bid items, including lump sums and unit prices, mint be filled in completely. Bid items are described in Section 01100 (Summary of Work). Quote in figures only, unless words are specifically requested. ITEM DESCRIPTION UNIT UNIT PRICE TOTAL 1 LUMP SUM BASE BID TOTAL -Project Signage Lump Sum $ p4'786. 1177 TOTAL BASE BID PRICE ~~!'~T ZI -' F~~-l~~ CJ ~ '=~~ - ~' UN (Words) ADD ALTERNATES -NONE Subcontractors, for work included in all Bid items, are listed on the attached Document 00430 (Subcontractors List). 6. The undersigned Bidder understands that City reserves the right to reject this Bid. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400A or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not limited to, Document 00520 (Agreement), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond). 8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below. City of Cupertino 00400 ~~ - 2 Bid Form Civic Center & Library Project . Project Signage 4/7/04 i r Project No. 2004-02 9. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in the State of California, in form specified in Document 00200 (Instr~lctions to Bidders), in the amount of ten percent (10%) of the total of the Base Bid, plus Alternates, and made payable; to the "City of Cupertino". 10. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520 (Agreement). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooper«te with such other work in accordance with the requirements of the Contract Documents. l 1. 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 (Agreement) shall be as set forth in Document 00520 (Agreement). 12. Bidder Agrees that if awarded the job will complete t}ie proposed work within the following time frames from the commencement date as outlined more specifically in )/~ocument 00520(Agreement): Contractor shall achieve Substantial Completion within 135 Days (excluding alternate) from the date when the Contract Time commences to run as provided in Document 00700 (General Conditions). Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 01770 (Contract Closeout) within 165 Days (excluding alternate) from the date when the Contract Time commences to run as provided in Document 00700 (General Conditions). City of Cupertino 00400 A - 3 Bid Form Civic Center & Library Project Project Signage 4!7/04 Project No. 2004-02 13. The names of all persons interested in the forcgoin;; Bid as principals are: {IMPORTANT NOTICE: If Bidder or other interested person is a corporation, give the legal name of corporation. slate sphere incorporated, and names of president [end secretary thereof; if a partnership, give name of the firm and names of all individual eo-partners composing the firm; if Bidder or other interested person is an individual, give _, first and }ast names in fuIl). NAME OF BIDDER: TG~-.L, ~RC~ iTEG71~~ ~~J~~P~ L C~ ~ ~MG - '~ licensed in accord c w"t an act for the reCistratit>n of Contractors, and with license number: '7019 Expiration: ~ ~~J~~~ C~ ip. _ A ~ T~L~L ~~~ where incorporated. if applicable Principals _ I certify (or declare) under penalty of perjury under the laws of the rnia that the foregoing is true and correct. Signet re of idder NOTE: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm _ together wi[h the signature of the partner or partners authorized to sign contracts on behalf of the partnership. -- Business Address: ~ ~l~~~ ~~ ~~ Officers suthori2ed to sign contracts: Telephone Number{s): Fax Number(s): Date of Bid: 1 ~ !5~ ~-. 3~ 7~ l t~' ~' ~~ ~~ Zl ~~ -~ END OF DOCUMENT City of Cupertino Civic Center & Library Project Project Signage 4R/04 00400 A - 4 Bid Form Z© S9~d SOIHdwi'J9 X101 t9i;5b98STb bi;~6© b©©ZILTIS© ~;_:~a Project No.2004-02 DOCUMEN'C 004 ] 0 A SUBCONTRACTORS LIST Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract. Full Name of Subcontractor Description of Subcontractor's Work Subcontractor's License Number Subcontractor's Mailing Address Subcontractor's Phone Number A~l~n Cc+~~ -r~ . W~"~ J~~.~ ~i ~ Ild 8 G~~1~~ ~~b,l~ q«~ (o-?Fo'~l2 tau ~ aJC~~vmt~" ~,ruE ~ ~. ~-~ ~ ~ ~4N~o is ~ ~ ~ 1 ~4'} u ~, Lt~lP~c~ ~n~,~ 707•~~~~ ~.~~ ~i~ovc~ c~~ - r ~ boo .ter .s°~sa N~-~-S ~-t~ s• S. ~~~ ~ pa, . ~ ~ac~ q57~ /3~'7 4~S ~~'~ ~ ~VG Ate ~~~ YI~sT~f~,~. ~~ ~2~ ~' ~~~ . ~~ ~~ ~~ City Of Cupertino Civic Center &Library Project ProjectSignage 4/7/04 00410 ~~- 1 Subcontractors List 11 ii tU--~ lI Project No. 2004-02 DOCUMENT' 00420 A NON-COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE §7106 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) COUNTY OF ~ ~}"/~ ~ ~• I v~ being first dul ~swo~n,_ _ d_eposeL says th~~he or she is lOffice of Affiant] of ~']/~/ l (~f,~ ame of Bidder], the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding, and that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the Bid price of Bidder or any ether bidder, or to fix any overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any advantage against the City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, ~;ompany association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. Executed under penalty of perjury under the laws of the State of California: Subscribed and sworn before me T~ This d ~ day of M Notary Public of the State of _, In and for the County of~1 My Commission expires (If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partnership or venture.) (If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.) (If Bidder's affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to law.) END OF DOCUMENT City of Cupertino Civic Center & Library Project Project Signage 4/7/04 00420 A-1 Non-Collusion Affidavit ~~ ~ ~"~1 Project No.2004-02 DOCTJMENT' 00440 A INDEMNITY AND RELEASE AGREEMJENT, , Dated ~/ l ~ 1 POTENTIAL BIDDER Jvu' r~i lT~~-~~ ~C~/, ~~' " CITY: THE CITY OF CUPERTINO SITE: 10300 TORRE AVENUE, CUPERTINO, CA 95014 PROJECT: CIViC CENTER AND LIBRARa PROJECT -PROJECT SIGNAGE In consideration of the above-referenced City's permitlin~; the undersigned potential bidder ("Bidder") to have access to, and to conduct investigations, tests and/or inspections on, the Site, Bidder hereby agrees as, follows: 1. To the greatest extent permitted by law, F3idder hereby releases, and shall defend, indemnify and hold harmless City, and its officers, employees, consultants (including without limitation Consulting Engineer), representatives, and agents, and all other parties having any other interest in the Site, against any claim or liability, including attorney's fees, arising from or relating to any Site-related access, investigation, test, inspection and/or other activity conducted by Bidder or any of Bidder's officers, employees, consultants, representatives, and/or agents, regardless of whether claim or liability is caused in part by the negligence of City or by any released and indemnified P~h'• 2. Bidder hereby waives the provisions of ~~alifornia Civil Code Section 1542 which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materiall;V affected his settlement with the debtor. 3. Bidder shall repair any damage to the Site or adjacent property resulting from activities authorized hereunder, and comply with and be subje~rt to all other requirements and obligations described or referenced in Document 00320 (Geotechnical Data and Existing Conditions). 4. Attached hereto (or to be delivered separately before Bidder's visit to the Site) is a certificate for comprehensive general liability insurance satisfying the requirements of Document 00700 (General Conditions). 5. Although this Indemnity and Release Agreement is not a Contract Document (see Document 00520 [Agreement]), it shall be fully effective and binding regardless of whether Bidder submits a Bid for the subject Project, is awarded a contract for the Project, or otherwise. By: Si e Its: A-SS 1 ST~.WI ~(i1~~~7 ~~'~ Title (If Corporation: Secretary, Assis t Secretary, Chief Financial Officer or Assistant Treasurer) City of Cupertino 00440 A Indemnity and Release Agreement Civic Center & Library Project Project Signage 4/7/04 Title (If Corporation: Chairman, President or vice President) C``` ' CITY Of CUPEI~TINO INSURANCE AGREEMENT Project No. 2004-02 A. Contractor is aware of the provisions of Suction 3700 of the Labor Cade, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officer;;, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all opl~rations hereunder, commercial general liability insurance, automobile liability insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by tht; Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and eaclt of its directors, officers, agents and employees, as determined by the City, as additional insureds o~i said policies. Insurers must be licensed to do business in the State of California. The Insurers mt.tst also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is acceptable to the City of Cupertino. D. Before Contractor performs any work at, ar prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the natne and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contracl:, the following insurance in amounts not less than the amounts specified and having a Best's ~~uide Rating of A, Class VII or better or that is acceptable to the City of Cupertino. Worker's Compensation & Employers' Liability LIMITS In accordance with the Worker's Compensation Act of the State of California -Worker's comp - "statutory" per CA Law; Employers' Liability - $1,000,000 per occurrence. City of Cupertino 00530 - 2 Insurance Forms Civic Center & Library Project Project Si~f~age 4/7/04 Project No. 2004-02 General Liability -commercial general liability; Combined single limit of $1.0 million per including provisions for contractual liability, occurrence; $2.0 million in the aggregate. personal injury, independent contractors and products -completed operations hazard. Automobile Liability -comprehensive covering Combined single limit of $1.0 million per owned, non-owned and hired automobiles. occurrence. Consultants only: Errors and Omissions liabiJ ity ~'oIl Architectural Graphics, Int. ~' ~':~~old Street ~;~~ Eranciso~, CA 94IG3 (Contractor's Name) I3y: I)at $1.0 million per occurrence. City of Cupertino 005:10 - 3 Insurance Forms Civic Center & Library Project Project Signage 4/7/04 Project No. 2004-02 .~~~ ` CITY OF CUPEI~TINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Toll Architectural Graphics Insured: 56~ingold Street Address: San Fran _i ~ o, Ga. 94103 Description of operations/locations/products insured (show contract name and/or number, if any): Project Signage- Project i~2004-02 WORKER'S COMPENSATION (name of insurer) * Statutory Min. * Employer's Liability $ _ $ $ Insurance Company's State License No. ______________________________________________=====1 000 000=== Check Policy Type: COMPREHENSIVE GENERAL LI~ILITY [ Premises/Operations [Owners & Contractors Protective [ ] Contractual for Specific Contract [Products Liability XCU Hazards [Broad Form P.D. [ ] Severability of Interest Clause Each Occurrence General Aggregate (if applicable) Aggregate Personal Injury Fire Damage (any one fire) [ ] Personal Injury with Medic<<l Expense Employee Exclusion Removed (any orte person) or Self-Insured COMMERCIAL GENERAL LIABILITY Retention Golden Eagle Insurance Co. Policy No. CBP949£3061 (name of insurer) $ > 1,000,000 $ 1,000,000 100,000 $ 5,000 6/$0/04 Expiration Date, City of Cupertino 00530 - 4 Insurance Forms Civic Center & Library Project Project Signage 4/7/04 Project No. 2004-02 AUTOMOTIVE/VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident Liability Coverage $_ $ Each Accident Golden Eagle Insuranee Co. (name of insurer) $ or 1,000,000 Combined Single Limit $ Policy No. CBP9498061 Expiration Date 6 /30/04 A copy of all Endorsements to the policy(ies) which in any way ( ent's initial) limit the above-listed types of coverage are attached to this Certificate of Insuran~;e. This Certificate of Insurance is not an insurance ~~olicy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above polic.~(ies) provide liability insurance as required by the Agree e between the City a d the inured. ~ B Dated: ~- 20~ Attach Certificate of Insurance and Additional Insured Endorsement on company forms. City of Cupertino 00530 - 5 Insurance Forms Civic Center & Library Project Project Signage 4/7/04 ACORN CERTIFICATE OF LIABILITY INSURANCE OPID DATE (MM/DD/YYYY) TOLLA-1 06 02 04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Costello ;'~ -Sons Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1752 Lincoln Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Rafael CA 94901 Phone :415-455-1515 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Golden Eagle Insurance Corp. INSURER B: Toll Architectural Graphics Dean Toll INSURER C: 56 Ringold Street INSURER D: San Francisco CA 94103 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER Dp TE MM/DD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 A X COMMERCIAL GENERAL LIABILITY CBP9498061 06/30/03 06/30/04 PREMISES (Eaoccurence) $ 100,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5 , 000 PERSONAL & ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE $ 1, 000, OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 1 , OOO , OOO ~[ POLICY PRO LOC JECT AU TOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1 000 QQQ r r A X ANY AUTO CBP9498061 06/30/03 06/30/04 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN ~ ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY FACH OCCURRENCE $ 2 r 000 ~ QQQ A X OCCUR ~ CLAIMSMADE CU9498261 '06/30/03 06/ /04 AGGREGATE $ 2, 000, 000 DEDUCTIBLE $ X RETENTION $ lO , 000 $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER A Golden Eagle Ins. CBP9498061 46/30/03 06/30/04 Contents 116,667 Deductble 1,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEME~IT /SPECIAL PROVISIONS *Except 10 days notice for non-payment of premiLlm. It is agreed that the Certificate holder is named Additional Insured, per CG2010(10/O1) attd, but only as their interest may appear in the job performed on their behalf by the Named Insured: Project #2004-02 Project Si.gnage. CERTIFICATE HOLDER CANCELLATION City of Cupertino, Office of the City Clerk City of Cupertino,City Hall 10300 Torre Avenue Cupertino CA 95014 ACORD 25 (2001/08) PWCCU-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCL~IIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) POLICY NUMBER: CBP9498061 COMMERCIAL GENERAL LIABILITY CG 20101001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCFIEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE P~~RT SCHEDULE Name of Person or Organization: City of Cupertino (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 1010 01 ©ISO Properties, Inc., 2000 Page 1 of 1 ^ ~~~ . arv of CUPEI~TINO Project No. ?004-02 ADDITIONAL INSURED ENDORSEMENT and ENDORSEMENT OF PR'.IMARY INSURANCE and N01'ICE O>F' POLICY CANCELLATION ENDORSEMENT Project Title and Number: (~ y~.~~N~~ _ ~s ~~ ~7~~~~~G 1~~~ ~ ~'~Z In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervisic-n or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insureds) -shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Company: ~1 G=-~`-k%~ 2. Insurance Policy Number: ~-~~~J 3. Effective Date of this Endorsement: ~ ~ 20~ 4. Insured: TEL ,~~~7~~f~,~~i ~~1~~ 1 All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall be nailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 950].4. I, ~~'~' {l~ j P..I CADS ~ (print type name) City of Cupertino 00530 - 6 Insurance Forms Civic Center & Library Project Project Signage 4/7/04 Project No. 2004-0? (~L ~~ CITY OF CUPE(~TINO COMPREHENSIVE GE;NERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE. PER PROJECT Project Title and Number: GIV (Ci C~T~- ~ ~~_~~~~ ~~~C'~~ ~~-~Z In consideration of the policy premium and notwi~~_hstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below-referenced policy of insurance. The 'general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as POLICY INFORMATION 1. Insurance Company: ~ ~~~'~ 2. Insurance Policy Number: ~' ~~ 3. Effective Date of this Endorsement: ~~ 20_~ 4. Insured: ~dLri ~-tl'T~F~~~ !~~--~'~1C~i ~~' 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein proyided to be given by the Ic.surance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, ~a-~ w i Q I ebb ~i (print type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: W L,P~L.~G~1~ (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: ~Ob"'f"GIIO & SDYLS _ Title: Address: 17~Z LI~VILnIVI hlle _ Telephone: ._~_b"~JbIS' ~ ~ ~~.~ ~~ p i __ Facsimile: N' IS ~/S~ /~/ (o City of Cupertino 00530 - 8 Insurance Forms Civic Center & Library Project Project Signaoe 4/7/04 BROKER COPY STATE P 0 BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPtNlATION I N f U R A N G t ' FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE 06-OB-2004 GROUP POLICY NUMBER 15a9oa9-aooa CERTIFICATE 10 a3 CERTIFICATE EXPIRE8 07-O1-2004 07-o1-aooa/o~-of-aoo4 CITY OF CUPERTINO OFFIC$ OF THE CITY CLERK CITY HALL 10300 TORRE AVE CUPERTINO CA 95014 JOH PROJECT #1004-Oa CIVIC CENTER i LISRIIRY PROJECT PROJECT STr3NAC~E This is to certiry that we nave Issued a valid Worker s Compensatuxi insurance policy m a Corm approved by the Calitomul Insurance Commissariat to the employer named below iw the policy period that wIU expre w did expire 84 mdlceted above This cerhficet8 Of irisurenoe is not an Insurance poky and does not amend, extend or alter the coverage afforded by the polies fisted heroin NotwRhstanding any requirement term w condition of any contract w other document with respect to wMch this cartficate of msurerae may be Issued nor may pertain, the insuranoa afforded by the policies described herein is subject to all the lama, exdiisans, and cxuidltlons, of such polies AVTFIOR12E0 tiEPRESfiNTATNE ,~,~~ c ~ i'RE81pENT LMPT,OYER'S LIABILITX LIMIT INCLUDING DEFENSE COSTS $1,000,000 PER OCCURRENCE ENDORSEMENT #1600 -DEAN TOLL, PRESIDENT -EXCLUDED ENDORSEMENT #1600 - KELSEY TOLL, SBCRE;TARY - EXCLUDED ENDORSEMENT #1600 - JENNIFER TOLL, TRE:ASURBR - EXCLUDED ENDORSEMENT #2065 ENTITLED CERTII'ICATE;I~OLDY;RS' NOTICE DEFECTIVE 07-OL-1999 IS ATTACHED TO AND FORMS A PART OF THIS POLICY ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 06-06-2004 IS ATTACHED TO AND FORMS A PART OF THIS F~OLICY THIRD PARTY NAME CITY OF CUPBRTINO o ~~~~T~ sub ~ a ~~ _r+"'''9 EMPLOYER ~,^....i+~"""'~r TOLL ARCHITECTURAL GRAPHICS (A CORP) 56 RINGOLD ST SAN FRANCISCO CA 94103 ~ N oe odzOw SCIP/0482E Iwo~PlNsaiUlaMaMY~Ya+~~~~«'^M'~~ ~~~ATEPUNDOOCUMENT PAGE 1 OF1 Project No 2004-02 DOCUMENT X10610 CONSTRUCTION PERFORMANCE BOND ~ 7900 648276 THIS CONSTRUCTION PERFORMANCE BOND ("Bond's rs dated May 28.2004 , rs in the penal sum of (wluc~r rs one hundred percent of the Contract Pnce), and rs entered into by and between the parnes listed below b etmue thr firthful perfornrace of the Corrstrucboa Contract Irsted below This Boad consrsts of flue page and the Bond Terms and Cond~doas,paragiaphs 1 th 12, attached to this page Any sutgular reference to ToJ_l Architectural Graphics, ne. ("Contractor"), Nationwide Mutual Insurance Q~ ("Surety"), the i,aty of Ctirpemrio, a Munrcrpal Corporatron of the Statc of Caltfortua ("Crry'7 or other parry shall be consrdered plural where applecable CONTRACTOR Toll Architectural Graphics Inc. N~e Ringold St. Address San Francisco,, CA 94901 Ciry/State/Zrp SURETY Nationwide Mut>>al TnGi~ranrr~ ~TnanY Name P.O. Box 1820 Pnocrpal Place of Business Ia MPRA, C'A 919AQ Ctry/StateRap CONSTRUCTION CONTRACT CMC CENTER AND LIBRARY PROECT -PROJECT SIGNAGE PROJECT NUMBE1t 2A04-02 At G~rperhra, Irforrua DATED ~ ~ . 20Q~ rn the Amount of S 8 4 , 78 6.00 (the "Penal Sura") CONTRACTOR AS PRINCIPAL SURETY CompartY (~ ~) Co~~-Y (~P ~) Toll Arc 1 Graphics, Inc. Nationwid M su nce Compan~~ Signature ~~-~-! Srgn:iture ~~.~~~/~•--- Name and Tale - fOU~ Nam; and True Keith E. Clanents, At (7rne~V-in-Fa BOND TERM3 AND CONDITIONS Contractor and Surety, Jointly and severally, bind theanehves, then hens, executors, adnuntsurators, successors and assrgos to Gty for the oompkte and proper perfom~ance of the Construction Contract, whrch rs incorporated herein by refeter~e If Contractor completely and properly performs all of its obhgatwns under the Constructan Contract, Surety and Contractor shall have no obirgadoa under this Bond If there rs no Crry Default, Surery•s oblrgatron under this &x~d shall srrse after 3 l City has declared a Contractor Default under the Constructimt Contract pursuant to the terms of the Construction Contract, and 3 2 City has agreed to pay the Balance of the Contract Spun 3 2 1 To Stu+ay m accoManoe wrth the terms of this Bond and the Coastrtrctwn Contract, or Crry of Glrpertrrto Crvtc Center and [.rbrary Protect 00610 -1 Coo:tructron Performsrare Bond Project Srgmge _ 4/7/04 Project No 2004-02 3 2 2 To a contractor selected to perform the Conatrnctan Contract m accordance wuh the terrr-s of this Bond and the Constructron Coutcact 4 When Ctry has satrsfied the conditions of paragraph 3, ;iurety shall promptly (within 30 days) and u Sur+ety's expense elect to take one of the followuig actions 4 1 Arrange for Contractor, with consent of City, to perform and wmplete the Construction Contract (but Gry may vnthhold content, m which case the Surety must elect an optan described in paragraphs 4 2, 4 3 or 4 4, bebw), or 4 2 Undertake to perform and complete the Conslnachon Contract itself, through its agents or through udependent coritractots, provded, that Surety may not select Contractor u its agent or mdepcxident contractor without Gry's consent, or 4 3 Undertake to perform and complete the Comtructron Contract by obtamtng bds from quah5ed onntractors acceptable m Gty for a contract for performance ilnd compkhaa of the Coastriictrai Contract, and, upon deterrmnation by Gty of the lowest responsible brddkr, arrange for a contract m be prepared for executron by City sad the c~tractor sekxlcd with Gty's concumince, Do be accrued anth paforn»uice sad payment bonds executed by a qualified stuety equivalent to the bonds issued on the Constructron Contract, aod, rf Surety's obligations defined m paragraph 6, below, exrxed @le Balance of the Contract Sum, then Surety shall pay to Gty the amount of such excess, or 4 4 Waive itS right t0 perform and complete, arrange for corripletron, of obtain a new contractor and with reasonable promptness under the cirtairnstances, sad„ after mvestrgatron and canaultatron with Gry, determine m good Earth its monetary obligation lD Gry under paragraph 6, blow, for the performance and oortQletion of the Constnichon Contract and, as soon as practicable: after the amount is deteruuoed, tender payment therefor to Gty with full explaoatioD of the payment's Gilailatron If Gry accepts Surety's leader under thu paragraph 4 4, Ciry rtny still hold Surely liable for future damages then udcaowa or uahgindamd resulting from ttie Contractor Default if Crry disliutes the arrwuiit of Surety's larder under @as paragraph 4 4, Ctty may exercise all remedies available ao rt at law to enforce Surety's llabriity under paragraph 6, below If Surety does not proceod as provided in paragraph 4, above, then Surety shall be deemed to be m default on this Bond ten days after recegit of an addrtronal wnttea notice from Crry to Surety derriaiiding that Surety perform its obligations under this Bond At all tuna Crty shall be es~hded to enforce any t~emedy svailsble m Ctry at law or under the Co~tron Contract mchding, without hrmtah~on, and by way of example ody, rights to Perform work, protect work mrngale dsrrmges, advance exitical work to initrgate schedule de4y, or coordinate work with other cwisultaats or contractors Surety's monetary obhgatan under this Bond as limmted by the Amount of dus Bocd identrfied herein ss the Penal Sum This monetary obhgatroa shall augment the Bahula: of the Contract Sum Subject to these hrmts, Surety's obhgatrons under dus Bard ate anmm~urale anth the obltgatmns of Contractor under the Construction Contract Surety's obhgaaolu shall mchide, but are cot hmitod to 6 1 The responsrbilitres of Contractor under the Comstnictron Contract for rntrrpktroa of the Construction Contract and ebrrection of defective work. 6 2 The respoosibilmes of Contractor under the Cons~tructron Contntct to pay lpuidated damages, and for damages for which no hqudated damages arc specilied in the Construction Contract, actual damages caused by non-performarrcx of the Construction Contract u~cludmg, but cot limited oo, all vald and proper baclocharges, offsets. psyiritnts, indenuuties, or other damages, 6 3 Additional legal, design professional and delay r;osC~ resulting 5ooi Caitractor Default or resulting from the actwna or failure to act of the Surety undo paragraph 4, above (but excluduig attorney's fees uicurred to enforce this Bord) No right of action shall sterile on this Bond to arty peeaoa or entity other than City or its succeasota or assigns Gty of Cupertino Civic Ce>rter and Library Protect 00610 - 2 Coastnrctroa Petforrrnnoe Hond Project Signage _ 4/7N04 Project No 2004-02 Surety hereby waves notice of any change. aheration or addition to the Consdiicaon Contract or to related subcontracts, purchase orders and other obligations, incl~uling changes of tm~e Surety consents to all terms of the Construction Contract. uuhtdiag provrsw>•na on changes to the Contract No extension of dyne, change, ahera4ion, modification. deletion, or addition oo the Coorract Docun~eim, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way aft'ect the obligations of Surety on this Bond ~Y P~~intr ~t'~ or equitable, under this Bond shall lie uistituted u- any court of competecit ~urisdicnon where a P8 ~ Pe~B between Ciry sod Contractor re&~ing the ConsdtuKion Cantiact, or in the courts of the County of Santa Clara. or in a court of oociipeoent ~iuudictioo in the locstioo m whicli the work >s located Comriainications from City to Surety under paragraph 3 1 of this Bond shall be deemed to mcIude the necessary agreements under paragraph 3 2 of this Bond ualess expressly statod otherwise 10 All notices oo Surety or Contractor shall be marled or delrraed (at the address set foeth on the sigasture page of tMs Bond), and all notices to Ciry shall be mailed or dehven~d as provided in Document 00520 (Agreement) Actual receipt of notice by Surety, City or Contractor, however accomphshod, shall be sufficient oorr,<rluuxx ss of the date received at the foregoing addresses 11 Any provuaoa in this Bond oonfhcting with any statuory or regulatory regwreraent shall be deemed deh:ted hereliom and provisions auiforming to such statutory requiremeirt shall be deemed uicorporated herein 12 Defuutions 12 1 Balance of the Contract Sum The toW amount ptiyable by City to Contractor purwant to the ternia of the Construction Contract after all proper ad~iistments have hew trade under the Construction Contract, for example, deductions for progress PaY~ ~, +rod iacrease~sJdecreases for approved modiSations to the Constructuro Condact 12 2 Construction Contract The agreement between Ciry and Contractor ideruified on the signadire page of this Bond, uicluduig all Contract Docuirieius sod chacigex thereto 12 3 Contractor Default Material fulure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Consttictian Contract utclndutg, but not limited to. "default" or any other coriditian allowing a tanunation for arose; as provided in Doctuneat 00700 (General Cooditans) 12 4 City Default Material failure of City, which has neither bean remedied nor waived, to pay Contractor Pro8m+s PaY~~ due under the Construction Contract or oo perform other rosters! ~ of the Constnictioa Contract, if such failure is the cause of'the asserted Contractor Default and is aufl'icient to justify Contractor termiaattoa of the Coostrtiction Contract END OF DOCUMENT City of (Sipertino Civic Center sad Library Pro~oct 00610 - 3 Goristrtiction Performance Bond Project Stgasge 4/7!04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diepo On May 28, 2004 before me Sherry Hoffman, Notary Public, personally appeared Keith E. Clements personally known to me to be the person whose names is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument <~L.:.~~;:.•-x:.~.~:.,~:::~:osc,.-.mac>vc.~cs ~~~ ! ` ~ i cra~ulnn # ~zrAaas ~, w ~'v°tl(-.<, = ` NOTARY r'UB~IC-Cr^,IIFORPJlA j ~s,~.4,~'P9 `; ~ I °~ ~ ~-~-.-- - SA~i D!F_GO COIJNTy R tJly ConuT;. exp. Sept. 1 s, 20.4 i WITNESS m~ a ~ official seal. c (;-~ Sherry Hoffm tary Public OPTIONAL Though the data below is not required by law, it may Drove valuable to persons relying on the document and could prevent fraudulent reattachment ~~f this form. CAPACITY CLAIMED BY SIGNOR ^ INDIVIDUAL ^ CORPORATE OFFICER (DESCRIPTION OF ATTACHED DOCUMENT _ Bond no. Bd 7900 648276 TITLE OR TYPE OF DOCUMENT TITLE(S) ^ PARTNER(S) ^ LIMITED ^ GENERAL ® ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER: NUMBER OF PAGES SIGNOR IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Nationwide Mutual Insurance Company DATE OF DOCUMENT _ None SIGNORS) OTHER THAN NAMED ABOVE Bd294(07-94)04 KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company, a corporation organized underthe laws of the State of Ohio, with its principal office in the City of Columbus, Ohio. hereinafter called "Company", does hereby make, constitute and appoint Sherry Hoffman Gerrit E. Brouwer Keith E. Clements each in their individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings and other obligatory instruments of similar nature in penalties not exceeding the sum of Four Million and no/100 ($4,000,000.00) dollars and to bind the Company thereby, as fully and to the same extent a:> if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company. "RESOLVED, that the President, or any Senior Vice President, Vice President, Resident Vice President or Second Vice President be, and the same hereby is, authorized and empowered to appoint Attorneys-In-Fact of the Company and to authorize them to execute any and all bonds, undertakings, recognizances, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and otherwritings obligatory in nature which the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority. The authority granted hereby shall in no way Ilmit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such Attorneys-in-Fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company, subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto, provi~jed, however, that said seal shall not be necessary for the validity of any such documents." This Power of Attorney is signed and sealed by facsimile under and Icy the following By-Laws duly adopted by the Board of Directors of the Company ARTICLE VIII Section 10. Execution of Instruments. Any Vice President and any Assistant Secretary or Assistant Treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts or other papers in connection with the operation of the business of the company in addition to the Chairman and Chief Executive Officer, President, Treasurer and Secretary; provided, however, the signature of any of them may be printed, engraved or stamped on any approved document, contrast, instrument or other papers of the company. IN WITNESS WHEREOF, the said Nationwide Mutual Insurance Company has caused this instrument to be sealed and duly attested by the signature of its President the 25th day of March, 2002. eCKtinwi E:DGMENT STATE OF Iowa SS '~~~`w`^`~~,, By -SEAL. COUNTY OF Polk / ~~~~~~ s~q~`!~~~~' President On this 25th day of March, 2002, before me came the above named President for Nationwide Mutual Insurance Company, to me personally known to be the officer described in and who executed thc~ preceding instrument, and he acknowledged the execution ofthe same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed thereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. r, SANDY ALITZ ~ ~~~ ~ COMMISSION NO. ib2785 ,urs&laivo °~ MA My Commission Expires March 24, 2005 CERTIFICATE I, John F. Delaloye, Assistant Secretary of Nationwide Mutual Insurance Company, do hereby certify that the foregoing is a full, true and correct copy of the original Power of Attorney issued byy said Company; that the Resolution included therein rs a true and correct transcript from the minutes of the meeting of the Board of Directors duly called and held on the 6th day of September, 1967, and the same has not been revoked or amended in any manner; that said Stephen S. Rasmussen was on the date of the execution of the foregoing Power of Attorney the duly elected President of Nationwide Mutual Insurance Company and the corporate seal and his signature as President were duly affixed and subscribed to the sai~1 instrument by the authority of said Board of Directors; and the foregoing Power of Attorney is still in full force and effect. IN WITf~ESS WHEREOF, I have hereunto subscribed my name as P.ssistant Secretary, and affixed the corporate seal ofsaid Company this 28 `' day of May 2004. This Power of Attorney Expires ~ ~~ 726 8-3-05 i*~=f ~'''~~ Q ~ Bd 1(04-00) ~ ~'~'i Assistant Secr retA ~~~ ~~ ~ Nc Pro~oct No 2004-02 Bd 7900 648276 DOCUMENT 00620 CONSTRUCTION LABOR AND M~ITERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Boed") rs loud May 28 , 2004u in ~ penal sum of -~=Sd~1Y Four Tho ~~a n Hundred Eighty Six and no/100 [one hundred percent of the Contract PnceJ, and ~ errtered moo by ~snd betweea the parties fisted bebw to ensure the payment of claimants under the Construction Contract hated below This Bond coroists of this page and the Bond Terms and Conditions, Paragraphs i through 14, attached oo the page Any singular referencx to Toll Architectural Graphics Inc("Contracwr"),Nat;onwide Mi~fiial Tn~>>ranc-P ('rrnn~ny ("Surety', the City of Cupertino, a Municipal Corporation of the State of Cahforrua ("City") or other party sha111be coruidered plural where applicable CToll ACTr'cOhitectural Graphics, Inc. Name _56 Rin~old St. wdai~a San FYancisco, CA 94901 City/State/Zip S NU at onwide Mutual Insurance Company Name p_n_ n„Y iR~n Principal Phioe of Brisiiiess La Mesa, CA 91944 Crty/State/Zap CONSTRUCTION CONTRACT CIVIC CENTER AND LIBRARY PRC~,TF,CT - PROJECT SIGNAGE PROJECT NUMBER 2004-02 at UrpeRino, C//alif/ornia DATED (O I ~i; 20d~' m the Anioutit of S_84.78 6.00 (the "Penal Siun"') CON~TaRnA R AS PRIIVCI)PAL cToll A gall Graphics, Inc. Sigwture Name and Tale - SURETY ComP!nY (~P ~) Nationwi surance C~xrpan_y Sigruiturc Name and Title _Keith E. Clements, Attorna~ -i n-Fart BOND TERMS AND C'ONDITiONS Contractor and Surety, Jointly end severally, bind themselves, than hens, executors, adrnmtstrators, successors and assigns co City and to Clairriargs, to pay for labor. amterials and equipment furnished for use m the perforniaritx of the Construction Cootisct, which rs moorporated harem by reference With respect to City. this obligation shall be mill and void d Contractor 2 L Promptly makes Payment, duecdy or udirectly, for all sums due Claimants, sad 2 2 Defends, uideraufies and holds harmless City from all claurss, demands, heal or awls by any perswi ar entity who fwnislied labor, maoerials or egwpmer.t for use m the performance of the Construction Contact, Provided City has prorripdy notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any chums, demands, bens or surfs and tendered defease of such claum, demands, hens or scats ro Contractor and Surety, end provided there rs no Ctty Default Ctty of (~ipertino 00620 - 1 Caostrrictwn tabor and Material Payment Bond Civtc Center and Library Pro~oct Prolax Signage 4/1/04 Project ldo 2004-02 3 With respati to Clamiants, thn obligation shall be null grid void if Contractor proaipNy makes payment, directly or mduecty duough its Subcontractors, for all sums due Clauhiants If Contractor or its Subcontracbocs, however, fail to pay any of the persons named w Section 3181 of the Cahfarnu Civil Code, er amounts due under the Unemployment Insiuaiice Code with inspect to Work ar labor performed under the Contract, or for any amounts requued to be deducted, widilield, and paid over to the Empbymait Development Department fmm the wages of empbyees of Contractor or Subcontractors pursuant to :iecthon 13020 of the Unemployment Insurance Code, whth respect W such Work and Tabor, lion Surety shall pay for the same. anti also, m case surf is brought upon this Bond, a reasonable attorney's foe, to be fixed by the court 4 Consistent with the Caldonma Mechanic's Lien Law, A~vil Code §3082, et stq ,Surety shall have no oblhgahon to Claimants under this Bond unless the Clanmant has satisfied all applicable notice cequuemcuts 5 Surety's toW obligation shall not excxod the amount of dos Baad, and the amount of this Bond shall be credited for ~Y payments made m good filth by Surety undo this Band 6 Amounts due Contractor under the Constivctioa Contract shall be applied first 1o aatysijr claims, if any, ender any Construction Performance Bond anti second, to satisfy oblligatio»s of Coitracoor and Surety under this Bond 7 City shall not be liable for payment of any costs, expenses, a< attatiey's fees of any Claimant under this Bond, and shall have under the Bond m obhgathom to make pa;yrrients to, gyve notices on behalf of, or otherwise have obligations to Claimants under this Bond 8 Surety hereby waives notice of any change, incl etum anbcontracts, purchase orders and other obl ~ ~ of time, to the Construction Contract or to related igatioic Surety further heiebY stipulates and agrees that no cMage, extrusion of tune, alteration or addmon to the terms of die Coastnicthon Contract. or to the Work to be performed thereunder, oar materials or equipment to be fiunished thereunder or the Specifications accompanying the same, shall tin any way affect its obhgatians under this Bond, and rt does hereby waive any regimsaient of notice or any such change, exteoawn of time, alteration or additwa to the Dams of the Conatiuctan Contract or to the Work or to the Specificatans or any other changes 9 Suit against Surety on this Bood may be brought by any <:laiaant, or its ssahgna, at any time after the Clamant has tbraished the last of the labor or rmternais, or bode. but, per Civil Code §3249, must be comahenced before the expuahon of six months after the penod m which stop notices maybe filed as provided nn Avil Code §3184 10 AU notices to Surety a Contractor shall be mailed or delivered (~t tie addtess set forth on the signature page of this Bondi and all notxxs m Crty shall be mailed or delivered as provided m Document 00520 (Agreement) Actiial receipt of notice by Surety, Crty ~ Corrtractiohr, however a«~oorriplrahod, shall be suffiaent asmplraace ss of the date received at the faregouig addresses 11 This Bond has been furnished to corrQly with the Caldomia Mechanic's Lieu Law including, but riot Intuited to, Civil Code §§3247, 3248. u seq Any proviswn m tun Etond oonfiictiig wide :aid statumry regiiuemen~ shall be deemed deleted berefi+om and provuiooa conforming to airch statutory a other legal requrr+eaieats shall be deemed mcorponted herein The uitaht a diet this Bond shall be oonstived as a statumay bond amd not as a aunmon law bond 12 Upon regriest by ~Y Pines or ontity appearing to be a furnish a copy of this Boid ar shall potentnl beneficiary of this Bond, Contr~tor shall prompty perhnit a copy to be trha~3e 13 Contractor shall pay m Persons perforriang labor m and about Work provided for m the Contract Doamients an amoumt equal to or mare than the general prevailing rate of per diem wages for (I) warlc of a smtilar character m the locality m winch the Work tt performed and (2) legal holiday and overtime work m said balrty The per drew wages shall be an amoum egwl Lo or more thin the atiPuhted rates amtamod m s ac6eduk that has been ascertained ~Y of 00620 - 2 Construction Lbor and Maternal Payment Bond Gvic Center and Library Pr~o~ect Project Signage 4nroa 14 Project No 2004-02 and detcrnuncd by the Dntx~or of the State Departriient of lnduatrial ltelahons and Gty to be the geiierat prevailing rate of per diem wages far each aaR or type of wockimn rir mecbamc oeedcd to execute dies Contract Contractor shall also cause a Dopy of this determmahon of the preva~Ln~g rate of per diem wages on be posted at each Site Defuiitiorts 14 1 CLiiriuit M mdividuai or entrty Inviag a du+d:t contract with Contractor or with a Subcaitractw of Contractor to furnish labor. maberiak or equipaiaat for rise m the perforniaiice of the Contract, as fiirdier defined m Cahforma Cavil Code ¢3181 'Ilbe uite~ of this Bond shall be to include without lunitahon m the terms "labor. rnateriala or egmpmeiit" that part. of water, gas, power, hglit. beat. oil, 8asolme, telephone servax or rental egwpmeat used m the Constnictian Contract, architectural and engineering services required for pafornianix of cbe Wochc of Contracoor and Contractor's Subcontractors, and all other tterri4 for which a ~'P notice might be asserted Tlrs tam Claiiuara shall also include the Uiiemployiiieat Development Department as referred to m Civil Gide §3248(b) 14 2 Coastriiaroa Contract The agreement between city and Coaonctor ider4ified on this ugaatur+e psge of this Bond, nicluduig all Contract Documcats and chanlles thereto 14 3 City Default Mataul faihue of City, which has neither been neaicdied nor waived, to pay the Contractor as regwred by the Colistructron Coruract, provided that failure u the cause of the faihtre of Conractor to pay the Claimaiua and >a suffic>ait to~ustify ttrmuiatron of the Construction Contract City of Cupertino Civic Center and ?.tbraty ProJeit Pr+o~ect Sigaage 4/7104 E1VD OF DOCUPdENT 00620 - 3 Constructron labor and Matxrial Payirieat Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On May 28, 2004 before me Sherry Hoffman, Notary I~ublic, personally appeared Keith E. Clements personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument ,.. _.-. .~4. `~ ~ I r ~r "`sa ' ' '-~~ `' { r tt~'-~ '~ r~,~ a WITNESS my hand official seal. ~ ~ u ~'., ~' -~~rm, NO71~kY i~UBLiC 1;+=.t ~FOR'ti;F1 ti '~ ,~_~~ 9 SAN DIEGO Ct.,UA'!Y' ~ '" --~,~-~~,~ `"Of "~~ exu. ~~ac_ ' ~, ~o°a r Sherry Hoffm o ry P lic OPTIOI~A L Though the data below is not required by law, it may K~rove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNOR ^ INDIVIDUAL ^ CORPORATE OFFICER TITLE(S) ^ PARTNER(S) ^ LIMITED ^ GENERAL ® ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER: DESCRIPTION OF ATTACHED DOCUMENT _ Bond no. Bd 7900 648276 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNOR IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Nationwide Mutual Insurance Comeany SIGNORS) OTHER THAN NAMED ABOVE Bd294(07-94)04 KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company, a corporation organized under the laws of the State of Ohio, with its principal office in the City of Columbus, Ohio, hereinafter called "Company", does hereby make, constitute and appoint Sherry Hoffman Gerrit E. Brouwer Keith E. Clements each in their individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings and other obligatory instruments of similar nature in penalties not exceeding the sum of Four Million and no/100 ($4,000,000.00) dollars and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authorit~~ given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company. "RESOLVED, that the President, or any Senior Vice President, Vice President, Resident Vice President or Second Vice President be, and the same hereby is, authorized and empowered to appoint Attorneys-In-Fact of the Company and to authorize them to execute any and all bonds, undertakings, recognizances, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and otherwritings obligatory in nature which the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority. The authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such Attorneys-in-Fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company, subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto, provided, however, that said seal shall not be necessary for the validity of any such documents." This Power of Attorney is signed and sealed by facsimile under and try the following By-Laws duly adopted by the Board of Directors of the Company ARTICLE VIII Section 10. Execution of Instruments. Any Vice President and any Assistant Secretary or Assistant Treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts or other papers in connection with the operation of the business of the company in addition to the Chairman and Chief Executive Officer, President, Treasurer and Secretary; provided, h~~wever, the signature of any of them may be printed, engraved or stamped on any approved document, contract, instrument or other papers of the company. IN WITNESS WHEREOF, the said Nationwide Mutual Insurance Company has caused this instrument to be sealed and duly attested by the signature of its President the 25th day of March, 2002. er.KNnwLF.DGMENT ~~-\ B STATE OF Iowa i3~~~+~ y G°~''`- COUNTY OF Polk SS ~"SF.AL ~ s~R~`~~~~ President On this 25th day of March, 2002, before me came the above named President for Nationwide Mutual Insurance Company, to me personally known to be the officer described in and who executed the> preceding instrument, and he acknowledged the execution ofthe same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed thereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. a SANDY ALITZ ~ ~~~ COMMISSION NO. ib2785 +~ ~MA~zoos My Commission Expires March 24, 2005 CERTIFICATE I, John F. Delaloye, Assistant Secretary of Nationwide Mutt-al Insurance Company, do hereby certify that the foregoing is a full, true and correct copy of the original Power of Attorney issued by said Company; that the Resolution included therein Is a true and correct transcript from the minutes of the meeting of the Board of Directors duly called and held on the 6th day of September, 1967, and the same has not been revoked or amended in any manner; that said Stephen S. Rasmussen was on the date of the execution of the foregoing Power of Attorney the duly elected President of Nationwide Mutual Insurance Company and the corporate seal and his signature as President were duly affixed and subscribed to the sail instrument by the authority of said Board of Directors; and the foregoing Power of Attorney is still in full force and effect. IN WITf~ESS WHEREOF, I have hereunto subscribed my r~arrie as Assistant Secretary, and affixed the corporate seal of said Company this 28 h day of May 2004. This Power of Attorne Ex Ires ~'_~• 726 8-3-05 ~~`~~ ~ ~""" Bd 1(04-00) ~ ~L; i Assistant Secr ry ~~w~ ~i ~1' USE Nc