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04-028 One Workplace L. Ferrari, LLC City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 PUBLIC WORKS DEPARTMENT CERTIFICATE OF' COMPLETION AND NOTICE OF ACCEPTAI\~CE OF COMPLETION CIVIC CENTER AND LIBRARY FURNITURE PROJECT, PROJECT N0.2004-03 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 contract which was entered into, by, and between the City of Cupertino and One Workplace L. Ferrari, LLC on May 20, 2004 in accordance with the plans and specifications for said work, have 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. '`~.,d ~ C,C u ~ Director of Public Works and City Engineer of the City of Cupertino Date: February 16, 2005 Printed on Re~:ycled Paper Project No.2004-03 DOCUMEN'C 00520 AGREEMENT P/T#: L] THIS AGREEMENT, dated this ZD* day of ~_, 2004, by and between One Workplace L. Ferrari, LLC whose place of business is located at 1057 Montague Expressway, Milpitas, CA 95035 ("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 the17 th day of May, 2004 awarded to Contractor the following Project: PROJECT NUMBER 2004 - 03 CIVIC CENTER AND LIBRA][tY FURNITURE PROJECT NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated 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 Represe:atatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 City has designated David Marks of Nova Partners, Inc. to act as Construction Manager. City may assign all or part of the City Representative's rights, responsibilities and 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 Dociunents 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 a nd Liquidated Damages 3.1 Contract Time. Contractor shall commence Work on the date establish~;d in the Notice to Proceed. City reserves the right to modify or alter the Commencement Date of the Work. Contractor shall achieve Final Completion by September 16, 2004 (including alternates) from the date when the Contract Time commences to run as provided in Document 00700 (General Conditions). City of Cupertino Civic Center & Library Furniture Project 4/27/04 0052(1- 1 Agreement Project No.2004-03 3.2 Liquidated Damages. 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 Dociunent 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be unpractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $500 for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved. 3.2.2 Twenty Five Thousand ($25,000) for each Ke~~ 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 (;ompletion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. 3.2.3 Forty Five Thousand ($45,000) for Key Perso~mel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor fails to demonstrate to City's satisfaction is beyond Contractor's control. These measures of liquidated damages for 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. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum Six Hundred and Eighty Five Thousand, Six Hundred and Fifty Dollars and Eighty One Cents ($685,650.81) for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: BASE BID $ 675,816.04 Alternate No. 8 $ 9,834.77 TOTAL CONTRACT $ 685,650.81 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 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 prol;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 identifi~:d in Document 00320 (Geotechnical Data and Existing City of Cupertino Civic Center & Library Furniture Project 4/27/04 00520 - 2 Agreement Project No.2004-03 Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, Underground Facilities and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or :Furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); ~md 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, agreement, 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 seg.: See attachment marked "EXHIBIT A" 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 Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00670 Escrow Bid Documents Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Specifications City of Cupertino Division ]General Requirements dated 4/07/04 sections 01100, 01200, 01250, 01315, 01320, 0133(-, 01350, 01410, 01420, 01455, 01500, 01540, 10600, 01770, 01780 Drawings - Civic Center & Library Furniture Construction Documents City of Cupertino Civic Center & Library Furniture Project 4/27/04 00520 - 3 Agreement Project No.2004-03 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract Documents may only be amended, modified or s~zpplemented as provided in Document 00700 (General Conditions). Article 7. Miscellaneous 7.1 Terms used in this Agreement are deemed 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 Contracr, Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with Section 15700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services o;- 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, and shall be made available to any interested party on request. Pursuant to Section 1861 0~~ 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-insuran~:e 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 referen~;e(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 bey 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 Procedu°e 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, and Chapter 5. City of Cupertino Civic Center & Library Furniture Project 4/27/04 00520 - 4 Agreement Project No.2004-03 CIVIC CE.?VTER & LIBRARY FURNITURE PROJi~CT -PROJECT NO. 2004-03 IN WITNES:~ WHEREOF the parties have executed this Agreement in triplicate the day and year first above written. CITY OF C17PERTINO CONTRACTOR: CITY OF CL PERTINO, a Municipal Corporation of the State of Calif ~rnia Attest: City Clerk ' Appro~ :o form b/y~i o el:~/~ City Attorney G' E" ~~ " '" I hereby certify under penalty of rjury that L 1 of the City of Cupertino was du authorized to execute this document on behalf of the ity of Cupertino by a majority vote of the City Council on ;and that a copy h~.s been delivered to []. Dated: .7'u ne ?, IDOL{ i ands James, Mayor of e ity of Cupertino, a Municipal Corporation of the Stat California Designated Representative: Name: _ Tittle: Address: Phone: Contra or's name r 13y: [Signs e] _ ~~~n Sc~~ I Z [Please print name here] (~ ( __ j (( r 'Citle: C,hl~.:~ ~P~'~~v~`i L~ 1~IL~r [If Corporation: Chairman ,President, or Vice President] Y~ [Signature] _ C[-c I-1 ~ l.l~ J J N ~ i2r [Please print name here] ~Citle: ~,K1=`" 1~~: ~IIZC~I~iti ~``~- ~~~'hlr~l~~;!`~i~~N [If Corporation: Secretary, Assistant Secretary, (thief Financial Officer, or Assistant Treasurer] State Contractor's License No. Classification Expiration Date Taxpayer ID No. Name: `~-- ~ I I-1'I ~ ~1-(N C='~ Title: ~ ~ ~ ~ y t4 I \_ 1<t_ ~ y ~" t / Address: IC ~ 1 ~~~47 Ac.-vG rX1-~'1. M\~il I(~--, ~~ Phone: ` ~y ~ ~~' I 71 `l - 3 `l- Z ~ Facsimile: _ Facsimile: ~ ~ G ~ ~ Zlv ~ - s 3 Z t .~ PROJECT NA11IE: CIV[C CENTER & LIBRARY FURNTI'URE PROJECT' NOTARY ACKNOLEDGMENT 1S REQUIItED. iF A '~ PROJECT NCI. 2004-03 CORPORATION, CORPORATE SEAL, AND CORPORATE NOTARY ACKNOWLEDGEMENT AND FEDERAL TAX ID ARE REQUIItED. TF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED CONTRACT' AMOUNT: >~~ ~~ ~ ~0 : ~/ _ ' ACCOUNT IJIJMBER: ~a - a a~ - ~~o END OF DOCUMENT j City of Cupertino Civic Center & Library Furniture Project 4/27/04. 00520 ~- 5 Agreement State of California County of ~QnJ~ ud~ On .~/ before me, /~1ai' q~c ~ ~rsf A 1 (NAME/TI LE OF OFFICER~i.e.'JANE DOE, NOTARY PUBLIC') personally appeared ~`Ii1 .s(~iu/ILL ~~ INAMEISI OF SIGNERISII ~rnal~ T -S~iar~ lgl personally known to me -OR- ^ ~ot~roe oo:>t>•saEngaeeae~ca~ec~emteetei~nnt~ ,E :°:~~~ ~a4ARGARET J. BEST ~° ~;, .! ~~~- COMM. N0.12876~9 (~ u, h! fi ;iP .r..~ ='~`' ~''` ~' NOTARY PUBLIC -CALIFORNIA o ~,~. SANTA CLARA COUNTY ~~~ 'o. ~ COPdM. EXPIRES DEG 21, 2004 ~upetf9iaeuauuu~au~ro~use~slteu~~uteur (SEAL) provecl to me on the basis of satisfactory evidence to be the person(s) whose name(s) -+~/are subscribed to the within instrument and ackno~/vledged to me that ~r~/they executed the same i n ~°Its'f~i~ei-/the i r authorized capacity(ies), and that by ~r'rsf~h~e7'/their signat(are(s) on the instrurnentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrurent. Witness my hand and official seal. Gy~,~URE OF NOTARY) ATTENTION NOTARY The information requested below and in the column to the Fight is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Papes Date of Document Signerls- Other Than Named Above RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BV SIGNERIS) ^INDIVIDUALISI ^CORPORATE OFFICERIS) (TITLESI ^PARTNER(S) ^LIMITED ^GENERAL ^ATTORNEY IN FACT ^TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^OTHER: SIGNER IS REPRESENTING: IName of Person(s) or Entitylies) RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BV SIGNERIS) ^INDIVIDUALIS) ^CORPORATE OFFICERIS) tnrLESI ^PARTNER(S) ^LIMITED ^GENERAL ^ATTORNEY IN FACT ^TRUSTEE(S) ^GUARDIAN/CONSERVATOR ^ OTH ER: SIGNER IS REPRESENTING: IName of Personlsl or Entitylies- WOLCOTTS FORM 83237 Rev. 3.94 (Price clean 8.2A1 01994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA WITH SIGNER CAPACITY/REPRE'.;ENTATIONITWO FINGERPRINTS ~ii~~iinir~ll, ~~r-r Project No.2004-03 DOCUMENT 00400 - A BTD FORM CITY OF CIJI'ERTINO CIVIC CENTER AND LIBRARY FURNITURE PROTECT PROJECT No. 2004-03 Office of the City Clerk City of Cupertino, City Hall 10300 Torre Avenue, Cupertino, CA 95014 To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders), paragraph 1. TO TAE HONORABLE CITY COUNCIL OF THE CITY OF CUP'ERTINO THI5 BID IS SUBMITTED BY: (Firm/Company Name) Re: PROJECT NUMBER 2004-03, THE CIVIC CEr1TER A.ND LIBRARY PROJECT The undersigned Bidder proposes and agrees, if this Bid 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 (~ontract Documents,-Document 00100 (Advertisement for $ids), and Document 00200 (Instructions to Bidder:,), 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. All Alternates will remain subject to Acceptance for 180 days after the bid opening. 3. In submitting this Bid, Bidder represents: (a) City of Cupertino 00400A - 1 Bid Form Civic Center and Library Furniture Project Addendum 1- 5/5/04 Bidder has examined all of the Contract Documents and the following Addenda (receipt of all of which is hereby acknowledged). Project No. 2004-03 (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 o1' the following technical specifications on City-provided, Contractor-installed equipment. (N/A) (d) Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 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: SCAEDULE OF BaD PRICES All Bid items, including lump sums and unit prices, must be filled in completely. Bid items aze described in Section 01100 (Summary of Work). Quote in figures only, unle::s words are specifically requested. ITEM DESCRIPTION UNIT UNIT PRICE TOTAL 1 LUMP SUM BASE BID TOTAL -Civic Center Lump See $ . & Library Furniture Project- Base Bid Ib~ms Sum -attached ~ ~ ~ r ~ Q ~' A+B on attached Bid Summary Sheet (Bid.der ` must attach Sid Summary Sheet). TOTAL BASE BID $ ~~ ~, P - py TOTAL BASE BID ONLY PRICE: ~iX ~'\V ~'\U`C'2c~ et=3~1 ~~'rv ~-- ~~ -Q.~ ~av~` C ~ti~s ~ U (WOR~~S) City of Cupertino 00400A - 2 Bid Form Civic Center and Library Furniture Project Addendum 1 - 5/5/04 ~0~ Project No. 2004-03 Add Ahternates 1. Alternate Item No. 1- Staff areas of the Libriry: Lump See $ ~ c Task chairs, typical throughout. Sum attached ~ ] ~rj 2~;~ ] 2. Alternate Item No. 2 - Staff areas of the Library: Lump See $ (P a~ • 3~ ~ Staff Break room # 123 Sum attached i 3 Alternate Item No. 3 -Staff areas of the Libriry: Lip See $ -~ . Staff Conference room 141 and Private office guest S~ attached 1 ~ 1 , ~p~ 8 chairs. ` 4. Alternate Item No. 4 -Staff areas of the Librry hairs d bl W k T I,~ S See h d tt $ ~j~ ~ "f ~~ ~ ~& . c es an a or um ac e a ~ 5. Alternate Item No. 5 - Staff areas of the Libray: e tora d i Lip See h d $ ~ Z ~ ~ . g s es an Miscellaneous accessor Sum attac e J O . 6. Alternate Item No. 6 - Staff azeas of the Library. stems desk s ffi i t P Lip S See attached $ 1~ ~ M 1 q . y ce e o r va um t . 7. Alternate item No, 7 -Staff areas of the Library: hout ical throu t ti k t Lip See h d $ n )I '74 ~ ~q ~` . g yp ons, s a Open office wor S~ e attac p , 3 8. Alternate item No. 8 -Community Hall: (20;1 lli d d i d Lum m See q ~ ~J`'~ ~~ es. ate o assoc additional stack chairs an Su attached . 9 Alternate item No. 9 -Deductive alternate fog- Lip $< ~ ` ^ > . contractor to have use of building elevator in Iieu of Sum 1 L stairs. Please note that no day extensions will be permitted with the acceptance of the Bid Add Alternates as listed below. Bidders must bid all Add Alternates to have bid considered a responsive bid. 5. 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 ttie right to reject this Bid. 7. If written notice of the acceptance of this Bid, hereinaft~yr referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not limited to, Document 00520 (Agreement), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond). 8. Notice of Awazd or request for additional information m ay be addressed to the undersigned Bidder at the address set forth below. 9. The undersigned Bidder herewith encloses cash, a cashi~:r'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 (Instructions to Bidders), in the amount of ten percent (10%) of the total of Bid items 1 through 15 and made payable to the "City of Cupertino". 10. The undersigned Bidder agrees to commence Work iu~der the Contract Documents on the date established in Document 00700 (General Conditions) and to complel:e 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 fiirth~:r acknowledges City has reserved the right to perform independe~ work at the Site, the extent of such work m;ry not be determined until after the opening of the Bids, and City of Cupertino 00400A - 3 Bid Form Civic Center and Library Furniture Project Addendum 1 - 5/5104 ~~~ 1 Project No. 2004-03 that the undersigned Bidder will be required to cooperai:e with such other work in accordance with the requirements of the Contract Documents. 11. 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 th~~ proposed work within the following time frames from the commencement date as outlined more specifically in Document 00520(Agreement): Contractor shall achieve Final Completion of aTt furniture on site by no later than September 16th, 2004. City of Cupertino 00400P. - 4 Bid Form Civic Center and Library Furniture Project Addendum 1 - 5/5104 ~~~ Project No. 2004-03 13. The names of all persons interested in the foregoing Bid :as principals are: (IlvIPORTANT NOTICE: If Bidder or other interested person is a corporation, give the legal name of corporation, state where incorporated, and names of president and secretary thereof; if a partnership, give name of the firm and names of all individual co-parsers composing the firm:; if Bidder or other interested person is an individual, give fast and last names in full). NAME OF BIDDER: _lJ. ~ [- ~W15 [L~ ~~A C'-- L , ~- r -l ~A 121. LL C: licensed in accordance with an act for the regishation of Contractors, and with license number: Expiration: Where incorporated, if applicable y1'~~E ft=-1~~-1111 J~~-IF ~Et1~~i11 ~AfLVit Principals I certify (or declare) under penalty of perjury under the laws of the mate of California that the foregoing is true and correct. _~/ ~,,'`~ b ..__.'~'- ~ ° hi(1 t-~ ~ ~. J 1~ ~~ ignature of Bidder 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 parnership, set forth the name of the firm together with the signature of the partner or partners authorized tc- sign contracts on behalf of the parnership. Business Address: ~~51 ~°i~+~AG~r ~xiw`I hl~tl i~~ CA ~.~~3( Officers authorized to sign contracts: Telephone Number(s):. Fax Number(s): Date of Bid: ~L~. ~F11~~~1t ~J ~.f l.lJ 1~~ ~ ~aG~.4_ :,1~ S1~ ~1~~ - ~ ~1= c:. X10- : u'~5>E't i~ ~~ ~~~ z ~3 - ~ ~a ~ ~~°fi~ ~.b~ ~ 33~-L s t~l~~ END OF DOCUMEI~IT City of Cupertino 00400, - 5 Bid Form Civic Center and Library Furniture Project Addendum 1- 5/S/04 4~. ~ ~ v '~ Prc~"fNo" 2DQ~Q3 DOCUMENT Oi~20 A NON-COLLUSION ~~FFIDAVTT PUBLIC CONTRACT CODE §7106 NON-COLLUSION AFFIDAVIT TO BE EXECUTED 'BY BIDDER AND SUBMITTED WITH BID STATE.OF CALIFORNIA ) L ~~// ) ss. COUN'T'Y OF ~i7 fZr l.~~Ya- ) [ ~jA~Ji~ ~'>; ~t\LA\tl J, being first duly sworn, deposes and says that he -er--~~ is j 1 y ~ M ~ [Office of AffiantJ of ~~~] ~ 'woi K ~~ ~ ~ I • t' ~i~Al~-~ [Name of Bidder], ~~ (• , the party malting the foregoing Bid,- that the Bid is not made in the interest of, or on behalf o~ any undisclosed person, partnership, company, associatioq organizatioq 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 indurectly 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, diirectly or indirectly, sought by agreement, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any advantage against the City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and fiuther, 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 corporatioq partnership, company associatioq organizatioq 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: (Name of Bidder) (Srgna~ture ofof Principal) Subscribed and sworn before me ~~IAQ~{T .~ g{s J pmemamamammaemmmamammamamrsmmommemmmommmmmmcev This /Z~- day of 20~ ,.••'~.°.~.,.:~~ ~,~~1RGARET J, BE~'T~ Notary Public of the State of (,!f 0 /7/ Q- _ ~ = ~ -- ..~ : NOTARY PUBLIC - CALIFQRNIA In and for the County of Q4i i ~C. _ : ~" "~" SANTA CLARA COUNTY My Commission expires ~ 40 _ (Seal) /nnmmiwu>a • IXPIRES 1}EC. 2t, 2064,E (If Bidder is a partnership or a joint venture, this affida~rit must be signed and sworn to by every member of the partnership or venture.) (If Bidder [including any partner or venturer of a parlnerslaip or joint venture)•is a corporatioq this affidavit must be signed by the Chairman, President, or Vice President acid 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 pf the person taking such affidavit shall be certified according to law.) END OF DOCUMENT City of Cupertino Civic Center & Library Furniture Project 4/27/04 00420 A-1 Non-Collusion Affidavit p, ~. ~; _ _ ;,~. ,~ ~cr~~i~ A DOCUMENT 00430 A Bid Bond KNOW ALL. BY THESE PRESENTS: That the undersigned ( ~p ~ i 1) ~' r l~(LA(Z ~ } as Principal and the undersigned as Surety are held and firmly bound unto the CITY OF CUPERTINO, a Municipal Corp~tion of the State of California ("City"), as obligee, in the penal sum of ( ~ k~ S2;VQ,n~khoos,,.rl ~.~y~-,.~~ ~,o"~~oYfars~[(S ~; 581,x= ?] 1~ m~~ey ~t~e United States of America beins at least ten rercent (10%) of the aggregate amount of said Principal ( •wl i ~ l~2d:E, 1's base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is submitting a Bid for City Project Number 200403, CIVIC CENTER AND LIBRARY FURNITURE PROJECT. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Cornract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and- provide the required Construction Performance Fond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and da~uments required under Document 00200 (Instructions to Bidders), then this obligation shall be void, otherwise to remain in full farce and effect. IN WITIIESS WHEREOF, the above bounden parties have executed this instrument this [ ~ c~.. }day of ( h,~.p~ }, 2004. (Corporate Seat) C:~~ . By r '~?~v~~U ~<<t~A1- - j'(~:.r,yi=rt? -_,Principal Surety (Corporate Seal) By Attorney in Fact END OF DOCL~1vIENT City. of Cupertino 00430 A- 1 Bid Bond Civic Center & Library Furniture Project 4/27/04 ~~T ~ Protect o.20 3 DOCUMENT 00440 A INDEMNITY AND RELEE~SE AGREEMENT Dated ~f} ~ ~ , Z'"' C -I POTENTIAL BIDDER: C N C ~ ~ 1 / P 1. A ~-~ L , ~~ i'-~/~ -~ - . Li.. ~ CITY: THE CITY OF CUPER'I'INO SITE: 10300 TORRE AVENUE, CUPERTINO, CA 95014 ~~ ltROdECT: CMC CENTER AND LIBRARY :FURNITURE PROJECT In consideration of the above-referenced City's permitting the undersigned potential bidder ("Bidder") to have access to, and to conduct investigations, tests and/or inspections on, the Site, Bidder hereby agrees as follows: To the greatest extent pemutted by law, Bidder hereby releases, and shall defend, indemnify and hold harmless City, and its officers, employees, consultants (including without limitation Consulting Engineer), representatives, and agents, and all other parties having any other interest in the Site, against any claim or liability, including attorney's fees, arising from or relating to any Site-related access, investigation, test, inspet.tion 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 w:gligence of City or by any released and indemnified p~Y• 2. Bidder hereby waives the provisions of Ca.lifonua Civil Code Section 1542 which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time: of executing the release, which if known by him, must have materially affected his settlement with the debtor. 3. Bidder shall repair any damage to the Site or adjacent property resulting from activities authorized hereunder, and comply with and be subject to all other requirements and obligations descnbed or referenced in Document 00320 (Geotechnica~l 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 Agr~;ement 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. Onr w°ItK{~~A~t= L~ h\~l1l~R4t-.NameofBidder~t~ , ~? r // ~° Yom-'" `'~ f ~-- By: ~~C.~.eer~' ~J B3'. Signature 1 Signature ~~~~.~ i . ~~~i~= Its: fled /~-G~ / Its: ~~~~~ ~11~ c I°1`' 1-cIL- !~~-'~ttJ I.r INS ~,.r; Title (If Corporation: Chairman, President or Vice Title (If Corporation: Secretary, Assistant Secretary, President) Chief Financial Officer or Assistant Treasurer) City of Cupertino 00440 A Indemnity and Release Agreement Civic Center & Library Furniture Project 4/27/04 ~ IT Project No. 20043 BID SUMMARY SHEET 00400-B Cupertino Civic Center 8~ Library Project Project Number 2004 Revised May 5, 2004 Notes: 1. Bidders to confirm all quantities with furniture plans and specifications 2 * Unit cost includes total cost of item, including freight and tax. 3. Bidders to include all unit prices as requested below. Failure to provide all unit prices and this, enclosure will constitute anon-responsive bidder 4. Bidder Proejct Management and Administrative fees shall be included in labor line Items cost to deliver, receive and install fumiture Code Item Manufacturer ~ 'Unit Cost Extended Cost A -.BASE BID -PUBLIC AREAS OF THE LIBRARY A-01 Litter Receptade -large, public Forms and Surfaces 4 - ~ /''~ y ~ L~ A-02 Litter Receptade -small, ubfic Forms and Surfaces 2 A-03 Litter Receptade -large, covered outdoor Forms and Surfaces 1 ~ 3 ~ +, ~ a ~ A-04 Recyding Paper Receptade - la e, public Fonns and Surfaces 3 ~ t ~ ~ n - A-05 A-O6 Litter Receptacle -large, basic Recycling Paper Receptacle -large, basic Peter Pep r Products Peter Pepper Products 4 3 ~ ~ Q~p~.~~ `Q. ~ F_~ ~ ©c J ` A-07 Litter Rece fade -small, basic Peter Pepper Products 2 Q- (~ + A-08 Re ding Pa r Receptacle -small, basic Peter Pepper Products 3 y' ?J + 13 ~ ~ A-09 Litter Rece fade -individual size Rubbermaid 9 ~ ~ ~ • 3q A-10 Recycling Paper Receptacle -individual size Rubbermaid 7 ~ 1 + 1 C-01 Reader Chair V'dra 198 psl ' ~ ~ r ~-I ~ • C-02 Reader Chair - Mid~¢e The Midlands 18 ~ 1 _ 1 1 r U~~ C-03 Reader Chair -Child Size The Midlands 16 ^^ / d 6 c ~ ~ ~ C-04 Stool Brayton 86 ~ Z. t T G05A Lounge Chair - Public Keilhauer 1A ~~'1 S ~ ~~ I ~ Q G056 Lounge Chair -Public Keilhauer 8 ~ Cj~~ ~ ~~ Lounge Chair- Public Keilhauer 6 1't' i ) C-05D Lounge Chair -Public Keilhauer 2 ~ , ~ C-06 Lounge Chair -Small Scaie Gei er 8 D ®t off- p ~ O C-07 Parent/Child Lou a Chair Keilhauer 4 ~ ~ ~~ C-08A Lounge Chair-Teen Brs~°n 3 ~ Q G08B Lounge Chair -Teen Brayt°n 2 `~. 5 3 - ~ ~ C-08C G09 Lounge Chair-Teen Bench,2-seat Brayton Keilhauer 2 3 r `J~ ,~ ~ `"- 3 G10 Task Stool Keilhauer 3 ~ q ~ j'j G11 Task Chair -Armless Keilhauer 10 q ~^ ~ J r G12A Stack Chair Keilhauer 14 V , City of Cupertino Civic Center and Library Furniture Project 4/27/04 Addendum 1- 5/5/04 00400E 1 Bid Summary Sheet i~~ 1 Project No. 20043 u..... Manufacturer Qtv 'Unit Cost Extended Cost G12B S tack Chair Keilhauer 13 ~~ ~ 3`? ~ G12C Stack Chair Keilhauer 1 g , G13 Outdoor Chair Knoll 12 f~ ~ ~ ~ ~4 1 1 Q G14 Bench Knoll 4 1 "1 S ~ ~ ~ ~ t 1 G15A Ottoman -Public Keilhauer 4 G156 Ottoman - Pubfc KeGhauer 2 S t 5 0 ~ ~ 6 0 G16A Ottoman -Teen Brayton 1 3 ~ G16B Ottoman -Teen Bra on 1 ~ ~ - 1 G16C Ottoman -Teen Bra on 1 ~ ~ ~ ' ~S-U1 - Atlas Stand A ati, Principle, Wordon a' a ual 1 ~ ~] Q ©~ ~(~ 3Q o S_02 Dictionary Stand Agati, Pried le, Wordon or equal 1 2~ • ~ ~ . ~ S 5-03 File Cabinet, Lateral, 3H KI 2 S-04 A-Frame Sheff Wordon 49 p~ 0 0 S-05 Microfilm Cabinet Russ Basset 24 1 ~ ~ i S-O6 Storage Dol for Stack Chairs Keilhauer 2 a5 ~ d ~ r Q -01 T-02 -03 Reader Table, 2-seat, Mid-Height Reader Table 2-seat Reader Table, 4-seat Agati, Princa le, Wordon or equal Agati, Principle, Wordon ore ual afi, Pried le, Wordon or equal 3 32 17 ~ ~ ~ r °~s yam, b "t -1 ~ o '~ ~ 1 2 ~ -04 Reader Table, 4-seat, Mid-He" trt Agati, Prindpie, Wordon or equal 3 ~ 5 0 ` -05 T-06 Reader Table, 4-seat, Child-Height Study Table, 2~seat Agati, Prindple, Wordon or equal ati, Prin " le, Wordon or equal 4 2 (J'.`I S '~ 3 4 - t3 -07 Stud Table, 4-seat A ati, Prindple, Wordon or equal 8 ^"{ 1 ~' i~ -08 IrrdexTable A ati, Pried le, Wordon a~r a ual 1 i ~ 1 r 2 ~ -09 Craft Table, mottile FGp-to KI 6 ,, 2 -'1 5 5 1 f (~ ~ T-10 Outdoor Table Knoll 3 ` ' ~R? ^ 3 T' d -11 ui ent Table, 4-seat A ati, Princi le, Wordon or equal 12 155q iO a -12 Flu" meet Table, 2-seat Agati, Pried le, Wordon or equal 2 -13 Seff-dredc Table Labor to receive, deliver and install furniture Agati, Prindple, Vllordon or equal 1 ~ ~ ~`~ SUBTOTAL BASE BID: PUBLIC AREAS OF THE LIBRARY B -BASE BID -COMMUNITY HALL FURNITURE A-30 A-31 Ldter Rece de - la e, ubiic Re 'ng Paper R de - la e, ublic Fonns and Surfaces Forms and Surfaces 4 1 -1 ~1 1 oc ~a ~ ~ O ~ A-32 Re ding Can Rece fade -large, ublic Forms and Surtaces 1 ~ ~ ~ ~ ~ ~ 3 ~ ~ ~ Z City of Cupertino Civic Center and Library Furniture Project 427/04 Addendum 1- 5/5i04 00400E3 2 Bid Summary Sheet ~(FIIBfT F Project No. 2004-3 ode Item Manufacturer aly • Unit Cost Extended Cost A-33 litter Rece tale -individual size Rubennaid 1 C-30A Stack Chair Vdra 67 ~,~ ~ ~ a~ C-30G Stack Chair vitra 67 ~3 ~~ ~ C-30C Stacc Chair vdra 66 ~) S3 ~ , C-31 F~cecutive Chair Keiihauer 12 , ~ ~, C-32 Lounge Chair Bernhardt 4 ~ , G33 Lou a Chair -Small Scale Geiger 2 ~~ - 2 L-30 Table Lam Nessen 1 ~3 i ~3 5-30 Storage Doli for Stack Chairs V'rtra 20 ~ ~,3 ; S-31 Storage Doll for Foidin Tables Virco 3 T-30 Banquet Tables virco 18 ~ ~ l.1 T-31 Console Table HBF 2 ~ ~ 1 0 ~ ~ ~ ~ L -32 Credenza HBF 1 C ~ ~ J®~ t~ I S -33 Side Table Gerhardt 2 ~ (y t b -34 Catering Table Taboo 1 3 ~ ~ ~ 5 T-35 Utility Table KI 4 ~ ~ 5 3 ~ ~ i `2 -36 Coffee Table Gerhardt 1 ~ ~ ~ 5 Labor to receive, deliver and install furniture j ;~ - ~ ' Y^ ' ~ - ~-~" ~.. ~~ • u~... SUBTOTAL COMMUNITY HALL FURNITURE ~~ ~ ~ t C'`~~~~ ` pry ` ~ V ~ ~' TOTAL BASE BID(A+B above) m ~ Coy"] ~; ~ i ~ (Base bid equals Public areas of the Library subtotal) + Community Hall Furniture Subtotal) City of Cupertino Civic Center and Library Furniture Project 4/27/04 Addendum 1- 5/504 00400E13 Bid Summary Sheet ~ ~ ~. Project No. 2004-3 Code Item Manufacturer Qty `Unit Cost F_xtended Cost dl TFRNATF 1 _ staff areas of the Library: Task chairs. tvoical throughout -- - -- G20 Task Chair -Staff Keilhauer 32 1 G24 Task Stool Keilhauer g ~ G25 Task Chair -Armless Keilhauer 1 ~? ~ 5 + Labor to receive, deliver and install furniture ~ + ~} ~ TOTAL ALTERNATE 1 (No time extension granted if aitern~ate accepted) S OI TFRNOTF 2 _ staff areas of the Library: Staff Break Room, #123 G21 B - ---- Stack Chair -Staff Break Room Keilhauer 16 r "1 f G22 Lou a Chair -Staff Bernhardt 1 G23 Sofa -Staff Bernhardt 1 ~ I 8 c T-21 Break Room Table KI 4 ~ 3 s ~ T-22 Occasional Table -Staff Berharlt" 1 ` + ~1 Q v + A-22 Waste Receptacle - at millwork Rubbermaid or Equal 4 Labor to receive, deliver and install furniture ~ + TOTAL ALTERNATE 2 (No time extension granted if Alternate accepted) 3 q ALTERNATE 3 -Staff areas of the Library: Staff Conference Room, #141 and Private Office guest chairs G21A , Guest /Conference Chair Keilhauer 2U ~ • ~ ~o T-23 Conference Table Kl 5 i Labor to receive, deliver and install furniture. J TOTAL ALTERNATE 3 (No time extension granted if Alternate Accepted) S g 3 ALTERNATE 4 -Staff areas of the Library: Work tables and chairs, typical throughout r ilh K 20 ~ q +, J _1 G21C Stack Chair -Staff Work Room aue e T-20 Work Table Ki O " ~ ~~ ~' Labor to receive, deliver and instal! furniture ~ TOTAL ALTERNATE 4 (No time extension granted if Alternate Accepted) S ~ ~ , wrr e _ crams ".ewe ..s ~ r :hr~rv ^Ilier_allans~ni~r, accessories and storaoe. tVDlcal throughout /7L~ Lf~,~f A-20 1~ V Y - V~Yrr o,WV V, ,a,v rte. ~ Litter Rece de - la e, basic ~..~..--.•.~ -_________- - __- - Peter Pep er Products r 1 - ~ 1 ~ + ~ ~ i ~ ~•~ A-21 Re Pa r Rece fade -small, basic Peter Pep r Products i ~~ ~ ~ ~ ~ City of Cupertino Civic Center and Library Furniture Project 4/27/04 Addendum 1-5/5/04 0040013 4 Bid Summary Sheet ~`~.- ' ii Project No. 20043 Code Item Manufacturer Qty • Unit Cost Extended Cost S-20 Lateral File Cabinet, 5H KI 13 13 ~ 5-21 Story a Cabinet KI 3 /j ~ S-22 Book Retum Cart IGngsley 12 ~ S-23 Book Truck Gaylord 40 ~ 3 Labor to receive, deliver and install furniture ~ ~ , 1 TOTAL ALTERNATE 5 (No time extension granted if Alternate accept,ad) $ 2 ~ ~ 3~ ALTERNATE 6 -Staff areas of the Library: Private office desk systems, typical throughout W-20 Private Office Workstation DFM 4 3 ~- "I ~ , -I L W-21 Private Office Workstation, 2-person DFM 1 ~p ~ 3 ~ ~ ,~ Labor to receive, deliver and install furniture 3 ~) t TOTAL ALTERNATE 6 (No time Extension granted if Alteinnate accepted) $ q j (~ ALTERNATE 7 -Staff areas of the Library: Open office workstation:, typical throughout Herman Miller, Kimball, Knoq, ~ ~ 1 5 ~ I _ ' ~ ,~ t W-22 Open Office Workstation, U-sha a Stee/case, Teknion or equal 4 , c 0 0 _ l~/ W-23 O n Office Workstation, L-shape Herman Miller, Kimball, Knoll, Stee/case, Telmion or equal 20 ~04 a + ,5 ~ p~ Herman Miller, Kimball, Knoll, ~., W-24 Open Office Workstation, strai M Stee/case, Teknion or aqua! 3 erman Mi er, ba , oil, ~,~ ~l W-25 Open Office Workstation, straight Steelcase, Teknion or equal 2 "l Labor to receive, deliver and install furniture ~ ~~ ~ TOTAL ALTERNATE 7 {No time extension grented if Alternate accepted) $ 3~ ~ ALTERNATE 8 -Community Hall: (20) additional stack chairs and aa~sociated dollies C-30A Stack Chair Vitra 7 G306 Stack Chair Vitro 7 C-30C Stack Chair Vitra 6 t'+" J 3 ~ ~ ~ . 5-30 Storage Dolly for Stadc.Chairs Vrtra 2 eaZ ~ ~ ,q7 Labor to receive, del`rver and install fumiture "~ ~ (~3 TOTAL ALTERNATE 8 (No time extension granted if Alternate accepted) $ ~ ALTERNATE 9 -Deductive alternate for contractor to have use of building elevator in leiu of stairs TOTALALTERNATE 9 ~' g \'2...~/ $ ~ ~ 1 `Z.. BID SUMMARY SHEET SHALL BE FILLED OUT IN ITS ENTIRETY AND ATTF~CHED TO THE BID FORM. FAILURE TO FILL bUT COMPLETELY $~ INCLUDE AS PART OF BID FORM WILL CONSTITUTE BIDDER TO BE NON RESPONSIVE AND CAUSE REJECTION OF BID END OF BID SUMMARY SHEET City of Cupertino Civic Center and Library Furniture Project 4/27104 Addendum 1-5/5/04 00400B 5 Bid Summary Sheet Project No. 2004-03 DOCUMENT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THE;SE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS -SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contr~~ctor. 2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signed by the insurance agent for general liability acid automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the insurance agent for worker's compensation only. City of Cupertino 00530 - 1 Insurance Forms Civic Center & Library Furniture Project 4/27/04 G~` CITY OF CUPEI~TINO INSURANCE AGREEMENT Project No. 2004-03 A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officer:, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance. 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 satisf,~ctory 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 thl~ Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is acceptable to the City of Cupertino. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is 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 Furniture Project 4/27/04 05/18/2004 16:43 FAX 408 263 33YL ulV~ wuxnr~.aLn L rcnae~ai .~, ,. „ „ Project No. 2004-03 CUPEI~TINO CERTYTICATE OF IlYSURANCE TO THE CLTX OF CUPEY2.TIN0 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. Insured: b'~' W b .; )raeei ~ • .: e~ !C CAS` 1 ~~~~ Address: ~ ~ - _ ~ ,~ Description of operations/locations/products insured (s:how contract name and/or nuinbet, if any): _~ Civic Cam ann~ ~bwUr ~ ~ ~" ~ ~ '~~ ~~Rh ~~~ .~i (eov~Ws ~~r ~~C~ . ~,~~~,<<~ WORKER'S C'~SMPENSATION * StatutoryMin. /(11 ~~ ~ ~a~ua~~ * Employer's ~D'1~ ~Y~~ ~l~ C'C' Liability (name of insurer) $ ~,~~~ , ~ Insurance Company's State License No, ~ 1 Ck~eclc Policy Type:, COMPREI~ENSIVE GENE>EtAL LI~,BH.Y'T'Y ... _ ~ . [ Premises/Operatidris " $ ~-~' S~~ $ ~~~'~ Each Occurrence General,~ggiegate (if applicable) [ ' ] Owners & Contractors ' Protective _,,.~... , . ....... ,. _ Aggregate [.,/f Cuntracfual fvr Sgeeific -- ' Contract . ..._ ,... Personal Injin'y [ ~ Products Liability [ ~ CCU' Hazards [ Broad Form P.D. Fire Damage (any one fire) [~J Severability of Interest / Clause [J] Personal Injury with Medical Expense Employee Exclusion Rernovea ~ (any one person) or Self-Insured COMII~RCIAY. GENERAL LIA$TI-I'I"Y F:etention ~~ ~t~ Q b~~ t ~" v ~SU ~~~~ ~u~V~1 i~lYi V ~/ l~ Policy No.~i~~ ~-~~~ ~~~~~~~~r -- City of Cupertino • Civic Center & Gibrary'Purr-iture Frojcct 4/27/OA . of insurer) 00530 - 4 ~ ~ ,~-~ $ C1 ~~ %~~ $ ~, t~v $ ~b _$ ~0 ~ Expiza~iou Date ~O l ~ Insurance Forms I 5 ,~ 3 05/18/2004 16:43 FAX 408 263 3322 ONE WORKPLACE L FERRARI ~PJUUU Project No. 2004-03 AjJ'TOMOTNE/VEHICLT; LIABILITY ', Commercial ]~orm ' Liability Coverage ` ~r1 d~0 ~ `hSu`('a~V~Ci/ ~ ( e o incur r) ~~ . Policy No. o~~ q ~ ~ ~ ~ , :.l y BODILY INJURY Each Person $ ~ ~~ , QtrO Each Accident PROPERTY DAMAGrE Each Accident or Corribined single Limit Expiratipn Date ~d D 'A copy of all Endorsements to the policy(ies) which in any way (age 's initial) limit the above-Listed t3~pes of coverage are attached to this _.-- .. Certificate o~Ir~surance-. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any, requirement, term, or condition of ilny contract or any other document with respect to vviiich this Certificate of Insurance may be issued or may pertain, the insurance afPorde~d by the policies described herein is subject to all the tezms, exclusions and conditions of, such policiies. ~,. IT I5 ~IdE SY eERTIFLED that the above policy(ies) provide liability insurarce as required by fhe,4gxeere~f betty'een'tlie~Cityaiid the~in~ut~ , $y: ~v -~^-~ Dated: ,f lg . • :20~ Attach Certificate of Insuz~ance and Additional Insured Endorsement on company~forms. ., Ciiy of CupestIno 00530 - 5 Civic Center & Library Furniture Project 427/04 Inswanu Forms 05/18/2004 16:43 FAR 4.08 26a 3322_ ONE WORKPLACE L FERRARI Project No_ 2004-03 CUPE(~.TINO ADDXTIONAL iNS~tED ENDORSEMENT and E1~iDORSEMENT OF PRr1v1ARY INSURANCE . and NOTICE OIL POI.)(CX ' ,, , :...,.:::....CANCELLATION )ENDORSEMENT ~ Z o o y_ 0 3 ~ U V Project Title and Number:. Z1vl~ ~CNTC-1~. Ai~~ LI~~Zr~~t'1~ 1~~-Iy11vi2E ~1Zo~~CI In consideration of the policy premium and notwitl-standing 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 whorri 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 respecl• 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 supervision 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 insured.(s`,~ shall be called upon• to cover a loss under said additional policy. • Cancellation Notice. The insurance afforded by this policy shall riot be suspended, voided, canceled, reduced in coverage or.:in limits, or mal:erially altered, except after thirty (30) days' prior viteitl:~eri~ notice liy certified matt,"'returr'i~c~ipt iequested,, has, been. given to the City of Cupertino . .("City"). Such notice shall be addressed to the City ~sindicated'below. eoiiCY'RVFOi~MATION 1. Insurance Comparey: 2. Insurance Policy Nu 3. ~Eti'ective Date of this Endorsement; ~ll~ 20~ 4. Insured: Ala notices herein provided to be given by the Insurance Company to die City in connection with this policy and these Endorsealenls, shall bf: mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. ~ ~~.~ _/~ (pruit/type name) Glty of C~pertinv ~ ' 00530 - 6 Insurance Fortes C9vic Center &.Library'Fumil~ue'Eroject '•" .': . 4/27/04.. ~ _:.~'i '...:~ a~ `: .;,, ...<. 05/18/2004 16:44 FAX 408 263 3x22 ONE WORKY1.ACr; L r~r;xxAxi L[/~VVO ... .,t ~ .;.. ...- Project TIo. 200403 warrant that I have authority to bind the below listed insurance Company and by my signatwe hereon do so bind tlus Company. Signature of Authorized 1~epresentative: ~ (Original stgnature requued on.all En rsements furnished to the District) Names of i~ ~p~} ` n Agent/Agency: ei'~,(IAN~, \~~\I~~J1(~ t'~ 1~C~~~'~~itle: ~~~~~ r,~l~~"~ Address: 4~b ~ ~(''' ~~~b ~ _ Telephone: ~~~~~--' ~~~ ~a`~ -~, ~ ~ ~ r ~ Facsimile: ~~ ~ ~b ~' S~o >~: City of Cupertino 00530 - 7 Insurance Forms Civic Ca~tcr&`Lib~sry Funiiturc.Pmjcdt ' 4/27/04 - ... - 05/18/2004 16:44 FAX 408 263 3322 ONE WORKPLACE L FERRARI fir. uua Project No. 2004-03 x.~ CUPERTtNO COMpRE~NSIYE GENERAi" LIiA,BILITY _ COM1VlERCIAL GENER:A.L. LIABILITY ENDORSEMENT OF A.GGIti.GATE LIMITS Or' INSURANCE PERIPROJECT ~ -L~e~- 03 e and Number: ~ 1 ~ < < C t; - t_ ~ Q;1.~ -u0. ~ t - ~Zr ..Z ~ ~ ~: ~'( tn)ect Tttl In considerarion of the policy premium and notwithstanding any inconsistent statement in the policy `~ to which this Endorsement is_ $ttached or any other Endor:~ement attached ~tl-ereto, it is as follows: This Endorsement motifies=the insurance provided udder the General Liability Coverage part of the below-referenced policy of insurance. ' The general aggregate limit under L S OF II~fS(JItANCE applies separately to the project , described as ~ ~ ~ ~ ~ `'' I~OLICY INFORMATION 1_ Insurance Company. b'C ~ 1 C~~~~~~ \~~.~iti~u'/ 2. Insurance Policy Number. \ CJ~ l ~~ ni~r G) ~~ ~ 3. BfPective Date of ltiis Endorsement ~ ~~~ 20 `'7 _ -~ .1 4. Insured: ~'f/ VUD• ~ - 5. Additional Insured: City of Cupertino, its directors, ~~fficers, agents and employees. . •Al[. notices herein provided •to be given by the Xnsu.rance Company to the City in connection with this•policq and this Endorsement, shall be mailed to or delivered •to the City at 10300 Torre Avenue; • Cuperlino,'Califomia 95014. .. I, `~~ (print/type name) warrant that I have a • city to iai d the below listed Insurance Company and by my signature hereon do ' so bind this Company. - , . : _ _.. . , ~ j --~ J f Sigrlature of.Authoriied Representative: (Original signature required on all End. ements furnished to the Diatrict~ J Names of ., AgendAgenc e i~ `~~ ' t Title: _~~-~Q~~ ,~1'~ Address: ~ ~ ~ D ~ Telephone: ~~ • ~ 1 ry Facsimile: ~~ -R~ ~ - - ti_~- City of Cupertino" 00530 - 8 Insurance Forms . Civic Caiter•8c Library Furnihuc Project ' 4/27104 ,•~ i. CNA t.e dl tit Gnaleanu Yw FW,eo G-'17957-F (Ed. 04198) Ensured: One Workplace L. Ferrari, LLC Policy Number: TCP2049543775 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY. CONTRACTOR'S BLANKET ADDITIOIVAL INSURED EN DRSEMENT This endorsement modifies insurance provided under the following: . , COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section 11) Is amended to include es an insured any person or organization (called additional Insured) whom you are required to add as an additional Insured on this policy under. 1. A written contract or agreement; or 2. An oral contract or agreement where a certificate of insurance showing that person or organization as an addltoona{ insured has been Issued; but the written or oral contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and (2) That portion of "your work" out of whtch the injury or damage arises had 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 part of the same protect. b. "Bodily injury' or 'property damage" arising out of acts or omissions of the additional insured other than in connection with the general supervision of `your work". 4. The insurance provided to the additional insured does not apply to "bodily injury; "property damage," "personal injury,' or'advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render eny professional services including: 2. Executed prior to the "bodily injury," "property damage," 'personal injury" or'advertising injury', B. The Insurance provided to the additional insured Is limited as follows: 1. That person or organization is only an additional Insured with respect to liability arising out of: a. Your premises; b. "Yourwork` for that additional Insured; or c. Acts or omissions of the additional fissured in ~c~oMnnection with the general supervision of "your •~ V ~". 2. The Limits of Insurance applicable to the additional insured are those specified In the written contract or agreement or in the Declarations for this policy, whichever fs less. These Limits of Insurance are inclusive and not 1n addition to the Limits of insurance shown in the Declarations. 3. Except when required by contract or agreement, the coverage provided to the addiionai insured by this endorsement does not apply to: a. "Bodily injury" or "property damage" occurring after: (1) Aii work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations had been completed; or a. The preparing, approving, or fa111ng to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications: and b. Supervisory, or inspection activities performed as part of >sny related archftectural or engineering activit[es. C. As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amended with the addition of the following: 4. Other Insurence b. Excess Insurance This insurance is excess over. Any other valid and collectible insurance available to the additional tnsured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be either primary or primary and noncontributing. Where required by contract, we will consider any other insurance maintained by the additional insured for Injury or damage covered by this endorsement to be excess and noncontributing with this insurance. ~-ytij 05/18/2004 16:44 h'AX 4UtfLtf:S, :SJLL wvt, rruttnrLn~c L rr,nnnnl w~~l~ F CUPEI~TINO Project No. 2004-03 WAIVER OF SUBROGATION ENDORSEMENT WORI{CR'S COMPENSA7CION INSU~tANC)C ~ 2 ~o~- 03 Proj-eetTitle.andDumber ;~~l,V~~.1 ~ .C:GN ~It1t- d~h19 L laitf~l~"~ '~~ILM1 ~~1~~=~ Q1Zo~(~c'~ J Ir- consideration of the policy premium and not,~rithstanding any inconsistent statement in the policy to which this Endorsement is attached or any c-tk-er Endorsement attached thereto, it is agreed as ,follows: It is agreed that with respect to such insurance as is worded by the policy, the Insurance Company waives any riglit of subrogation against tr-e City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by at-y employee of the insured, arising out of the performance of the above-referenced Contract. POLICY IN>i OItMAT10N 1. Insurance Company: Cfi . 2. InsurancePo[icyNumber: ~~1~dD~~S~~~r~~ ' ~ 3 _ Effective Date of this Bndorsen~ent: ~ a ~ 20 }}~~ . , .. ~t .~ 4. Insured: ll~.. ~1~~.` ~~ , ~'~'. ~rr~41;''i 1~-~/~ A.11 notices herein provided"to be given by.the Insurance Company to the City in correction with this policy aril i~iis`Endo'rsemerit, shall be mailed to or delivered to the City at 10300 Torre Avenue; G~ipertirio; California "' 9501 ~. a ~ ~ ~~ : ;.rte:: I, _ (pz~int/type name)' ~ ~ . _ , warrant that I have a~ority to bind the below listed Insurance Company and by my signature .hereon do so bind this~Company. , ,~ , Signature of Authorized Representative: ~- ~`~~ (Original signature required on al[ Snd rsements furnis ed to the bistricl) 'Names of ti ~/ AgendAgency. ~ (A~1 h C ~ ~ Title: .: ~ ~ Iy ~ ~/~~~ Address: ~i'~t ~ot,~' Tel ~~ ' ~ ~- ' ~ _ ephone: ~ .~~ .I l ~ C~ ~ f ~J _ Facsimile: ~~ `~°'~' ' ~~ ~ Ciry of Cupertino 00530 - 9 CnsuKSncc Forms Civic Cetttec & i.ibtary Furniture;l?rnject .; . ~ 4127/04 . 05/18/2004 16:44 FAX 408.263 3322 ONE WORKPLACE L FERRARI ~JU11 Projcxt info. 2004-03 DOCUMENT 00821 INSURANCE !~ Atoz:before~,ihp,date;specified in Dgcuimcnt 00200 (Instructions to Bidders), Contr:actpr shall furnish to City satisfactory proof.that Contractor has taken out for the entire period covered by the Contract'the following classes of insurance in the form and witlt•limits and deductibles specified below: ' 1_ Comprehensive General Liability Insurance covering claims for personal injury, bodily injury. and propeii?y damage arising out of the Work and i~n a form providing coverage not less than that of a standard Commercial General Liability Insurance policy ("Occutience•1~ozni'). Such insurance shall provide for all operations and include independent contractors, products liability, completed operations for one year t~13cr Final Completion of the last Phase to be completed sad acceptance of the, final payment for the Work, contractual I;iability, and coverage for explosion, collapse and underground hasvrds. Ttic limits of such insu~anee shall not be coverage of Ices ~ than $ 1,000,000 each, occurrence; $2,000,000 •general aggregate limit and 52,000,000 aggregate 7:oc products and completed operations_ The policies shall be endorsed to provide Broad Form Property Damage Coverage. Said insurance shall name the City, the City's officers, agents and employees as additional insured ou said policy sad the insurance afforded by this policy is primary iasura~nce, and no additional insurance held 'or ownedby,the designated additional insureds) shall be called upon to covet a4•loss under said additional,policy. Also the insurance shall tmvc general aggregate [unit per prof cct under the -limits of insuraacc apply separately to this project. 2. Comprehensive Autotnoblle )i.iabllity ]fnsucance covering all owned, non-owned, and hired vehicles_ Such insurance stall provide coverage not less than the standard•Cotnprehensive Autotiwbile •I.iabiliiy poiicy.with limns not less than $1,000,000 each pezson Dodi.>,y Injury, • $1;ODO,000,eaehoccurrence Bodily'Idjury, rmd $1,000;OOt) each occurrence Proprty Damage. 3: ~ " Workers'~;CbznPes[satitln Ittsurnncc for al'I persons whom the Contractor tnay:etuploy in dut'VyoY1c'oonteaq~latc~. under Contract Docutnepu, in accordance with the Act of . caa~rtu~` , Lcgtslaturc of Statebf~Califordia, Idno~ as "Workers' Compensation Lnsurance and Safety . Act", ap~iroved,Iulay Zti, 1913,.and•all acts amendatory or supplemental thereto, in l$e statutory, amount The insurer shall,waive ire rights of subrogation against the City, the City's o~~er~i ~~~~ arip~~,crriployees and,shall•issue. an endorsement tp t'he Policy cYidencitt.g same. $. All policies. ~-i{~tuapee~sjiall be~p~acg;;yvi.th insurers acceptable to City. the insurance Pn ~ . ~•,: w.., ~•SS~ ~~~~~~><_~~y~e,~p~A.lk., il~st Cani~pany rating A-7, oc betOer or that is acceptable to the' ~~~ ~ `~~ ; $aqutre~*~l~***117in amorints~ of.insuianee may be in,creasod should coaditions. of Work, iri opinion, of City, warraat such increase. Contractoz stall increase required insurance.amounts upon . dixectiaa by City_ - C. Recttiired 1?adorsements:. The policies required ~.wde~ Paragraphs A.1, A2, A3 and A.4 of this ~, , IDocunient 00'10 shall be endorsed av follows: ' i. Nano thc,Ciry oE~C.yrpsrtino, a 1V,Cunicipal Corporation of the Smote of California, its G~ty's ,Officers and their employees,:represontativc:s, consultants (including without Iimitalion • Consulting Engineer), and agents, and Architect as additional insureds, but only with respect to liability arising out.of t}te a.ctivitiea of the: named insured, ' 2. EacL such policy shall apply separately to each insured against whom claim is rnade or suit i9 brought; except wiih respecx to dte limit•of the insurance company's liability required under paragraphs A.1, A,2, and A.3 of this Document 00821. 3_ Insurance,shall be pritnary..and no othesr u~sruauce or self-insured retention carried oc held by City stall lie callei t}pon:to cot;tribtEte ~tp a Loss covered by insurance for the named insured. 4 Lzisuzattce:slia'lI have general aggregate limit per pzojeet under the lirriits of insurance apply sepsratciy,fo t}ri"s`pgjei;t:`' ~ , ,.. ~ G5ty of Cupertino ~; ~ - . 1)0821 = 1 3 Civic Center & Library;Fumituie ProjecC • 427/04 . Insuroncc 05/18/2004 16:44 FAX 408 263 3322 UNE WURKYLACI; L l•'l;ttKAltl l~/~ U 1L • ~ ~ Project No. 2004-03 ~.7 $, Insrirancc shall contain a provision requiting the insurance carriers to waive their rights of subrogation. against Ciry and all additional insureds, as welt as other insurance carriers for the , Work. D, Certificates of Insuranceand endorsements shall be on City supplied forms and have clearly typed thereon City Contract Number and title of Contract Docurhents. Written notice of cancellation, non-renewal, or reduction in coverage of any poli'c:y shall be-mailed to City (AtlenNou: Contract Administrati'o~speciioA) at thc•addtess listed iti Document 00520 (Agfeement), 30 days in advance of the effectivo date of the cancellation, non-renewal, or reduction in coverage. Contractor shall maintain insurance in full force seed effect during entire period of performance of ...~ Contract DocUmeats. Contractor shall keep:ittsruaince iir form ditriitg warranty and'guarantee periods, exoe;pt that Contractor Wray discontinue All=Risk Cotitse~ of Conste;rictian Insurance a$cr Final PaymcnL' At time~of inaldng application for extension. of taaee, anal during all periods exceeding the Cont=act Time resulting from any cruse, ConE~aetot•ehall subitrit evidence that ' •L~ insurance politics will lie in• efFoct during r•-equested additioual-period of time. Upon City's request, Contractor sleall submit to City, within 30 days, copies ot"dre actual insurance policies or renewals or•rep~acements. E. Contractor shall pay' all insurance prcmitlnds, inctttding any chaiges for required waivers of subrogation or the end~orscincnt of additional insureds: Tf Contractor fails to maintain insurance, Ciry rilay takeout comparable insurance, and deduct and retain amount of prenuurn from any sums due Connector under Contract Doctumeats. F. If injury'occurs to any employee of Contractor, Sr~bcontractor or sub=subcontractor for which tip ~` emplo j~ce, or.•the eniployccTS dependents in the event ofcmployce's death, is entitled to under provisions. of the Workers' Compensation Insurance and Safety compensahoA from City r , Act, as amcaded; or~forwhich compensation is claimed from City, City may retain out of sums due Contractot.-iurdor Coatract Doeueirenrs, amou:ot suffici$nt'b~i covet such-cotnpeusatioa, as feed ' by thc:~ct, as sii~nded,' .untlisuch compensation is paid, or•uxttii it is determined that no ' in its discretion, either cotnpgeisatrazi's ~drre "~If"Clty'is compelled do pay compensation, f„ `ity may, I deduct, and.retaun (torn the :Contract Surn the amount so paid, or require Conoraetor to reimburse Crty. .. Q. Notlvng in this Document 00821 shall lie constnied~as'1i~nd15rig~in any way the eittent-to which Contractor'or any•SubcbntiacEor maybe held reslionsible •fiir paytreerit of damages resulting from their operations: . Ii Except that'3ubcontiactors necd'obtain only $ l,Ol?O,U00 of~Comprehetrsive General Liability .' "insurance, all SubOOti~actors~shall~maintain the s;atne insui'atlne iequircd'to be irraintained by • ,Coriti~at for :vVim-i•CSpect totiieir pottious•of the: Work,' arid' ~•oi~btnr shall cause the' r Subcd~iilractoirs"~oe '•.`-"~ 14~iVrdb'E'the"r`eo'f~fb''Citew'v'itl~i~tcin`tl~~isb~'•City"s'[~gdes't ' l:. ' ' T'iie. •1dllbpfo'v~S~.~>xk'~a~iy to~lr~i~ fiCcrisEtl prt'i1'e§sional•eni~,agt;d by. Contractor "to'perform _. . • ~ ' " "' ` l'ij: , ; ~ •po''ttioiis•iif'Chi;~Vdi1C~i~.'io6essiaria l: EachPiofessiioaal'aliall•mai~~n rile followin; insurani-.o atYts sole cost and expense: a. Provided such insurance is customarily required by City when professionals s;ngaged,in the profession practiced byPrc-fessional'directl~'COn3ziict with t~ity;:1'rofessiona[Liability ~ omissioriv'arising fromProfessional's Insurance, insuring against professional ciYOrs' and work~on'fhe ~PiiSjoct,• in an'ainouiit not•le:ss than $~i;000,q~00 cot~liined single limit for '' each octurreric~. If Professional cannot pmvide' an occfrrienoc policy, Professional shall ~• pmvide insurance~covering claitus made:-as•a~result ofpeiforheance of Work on this : Project and shall~maintain siteh insutani;e in effect for nAt less then two years following Feral Coaiplefaon dithe Project b "Al1 msiftance'.piegauled' by pa~t'~P~ ~A.I~, A:Z, and A.4 of this I2ocument 00821. "Professional shall satisfy all btbdi pmvisians of paiagraphs A, B,'C; D, E, and F of this 1 ' Docu~ettt 00$~l raclating to.`tfiat insuratiee, in>rliiilincg' ~wit#rout limitation providing _. roqurrecl ens'i#~nce cerlificates;~coniairsing the rrquirad tadotsem~rits) before `cotnmehcrng'ts Work on the Piroject: •. ~ ~ ~ .'" ~ J. If required by City' ,Contractor shall obtain and maintain Contiactor's Pollution Le~ai Liability '- Insurance iu a form, with Limits, and from an ins'utYng entity reasonably satisfactory to City. . END OF DOCUMENT r .City of Cupertino 00821 - .'L Insurance ~ '.' ~- Civic Center B• Lib~s+ty pumiture project 4/Z7/(kt ~ - . BOND # 929331419 rrr oasla COIVffi'r~YI4"TION PRRI~'QlES11~lNCE SOIVp 1'rojoot No. 2004-03 THIS GY7N9TItUC'T[ON PERFORMANCB BOiVD ("$ond") ie daODd May 19 , 2004 ~ Ea ~ p~ ~ of Six Hundred Eighty Five_Thousand Six Hundred Fifty a~Tlb~ lwbiah is one •Itnndred, penceat o[ die Coahhwt P~],'nd is esstered into by sad becw0eu file parries listed below do enArte 11Le >ttl perlbtwanve of We Conotcudloa Cbatraot liaoed belota: This l3oad consist of this paga end O,e 8omd Teems and'. Caaditifaae, P~'+Phs I tbrangh l2, atpsched~~~~ A,ay singular refa+caoe to Oae Work Place L. Ferrari, LLC The Continental Insurance Co . ~ tLe qty ~~~ a Maatcipmi Cogsorattaa of die slam of ('+c~it~ o; other putty shall be considered plural. whec+~ epp8oable. Ca01VTRACP()8: One Work Place L. Ferrari, LLC N 7 Montague Expwy pitas CA 95035 tJONBTRUG'1TON DON'CIIACT: . p~tT~~e~Cont~inental Insurance Co. N CNA PLAZA Pcinoipai Pllaoe of 1Bulmosa Chicago, IL CItpP9tate/T~p - ~IV1C CEN'rRllt AND 1[~IIiAA)ECY P!)Rl~irl'~1B,N PIItOECT PROd6CT NiJAft]BER a00~3 At Osgseetlno, Callfornta. . ~A~gp May 17th ~ 04 ~ ~ ~~ bfS- 685 , 650.81 (~ "Penal 8um'7 OON'i'RACY'bR ASi PRINCIPAL (~e-; ( _ gam) One l~lork Place L, Ferrari, LLC Si~oattiae: -Y.,~L,- ~~: ~~~ The Continental Insurance•Co. (~cnapsny:. (~- ~~ ~ ,Naimieatld'lYtle' Kathleen 8unestad _ Attorney-in-Fact Np~Td ANlai CONDI9C'CdNs i. 2. 3. Conpaa4o-r aadi ~sueety, JoiatiY and aavaal(y, bind, dsenmielv~w, thoir'heir~, exeautera, ~1~, .n~ocessocs and asel$ai tie ~Y fet tlsa cotxiplote and proper porfbtsnaaces.of the dotioa t7oturaot; ~vhioh h: iopotp,osxted het~n b~ retbroaoo. If Contncmr oomplote~y and pmperiy per~uttr-9 all of ills abligadonc undar the Conshuctioa Cbnnaat; 5u~ sad QotiCtaob~r ahsri have uo abllgadon wader tbia flood,, if thero is no t:ity DcEaulk buy's. obligautoa,vadtse tide Bond shell anise athu; 3. I Gtity 'has deolaeed a Coatiaetor 1Det~ule uadcr the CansMtoeioa Gaatragt, putsutuut do 150. txama of the Cos>shvotioa Oos<tnat; and, 3,2 City bas agrnod to pay the Balance of I!a (bnhacl; $ptu: . 3,~: t To 3uroty in aoaotdaaee with the Norms of this Bond and tba C7osastsuatton l7otsEraaty or (~' of Cu~pbctwt-o . ~[vi~c C sari Library Ptiuninrce Prc~eot Q0610 - 1 C7oastnscCwn pbtibcmanoe Bond 4lt7ff?4 Pmjoct No. 21104-03 33.2 'C'a a conlracWr selected to ptztfbrra the Caastructiaa t;onirac:t in aaeot+daace wig the terms of this Bond sad fM Cooatnercioa Contrast. 4, When (qty has satisfied tho Caaditionr of paragraph 3, Surety :ball promptly (withal 30 days) and at Barely': expasvic okat to trtlaa oac of th+a following eetlotts: • 4.t Arrange for Conttaccnr, with consent of t`ity, bo perform sad eomplotae the Coastrucbioa Contract (but ~ rmty widttrvld oomsent, hs which ease dye Sutety oaiost oloct an option described m paragraFbs 4.2, 4.3 or 4A, ' below); or . 4:2 Uadataloe to• peritirm sail wa0plate Ore t3on:alsttatton Comtcact itsait7 thmngh its ~~ or through iodepetuleox eaatraa0otts; provided; tfiac Stunty ..may not select Coalras0or as its agent or indt corurttoMr wtdwut City's ooasotrt; of 43 i<Jndtuttlloe to perfa~:an sad eaanplabe the GbnshntlJion CoatrACt by obtaistirtg bids $rom qualiited eoobnmba~ aoooptable to City for a aonttnCt~fbr peclbriramca sad comphufnn of the Coasauctioa Conoraot, ztad, upon debaadnatian by ~ of the 1Qwost sespooslble bdtdder, atxaaga fix a cott4ad b hs prepared !rx woerarrioa by City and dLe eocMracbor sclaoeed wlt8 t~ty'a coacsasmrce. to 6o aeourod whir petrformaace sad payment bonds exACtited by a qusli>iod suRety alai•aleat to the Fonds lssaed on lbws Construction Contract; and, ;f srcvoty'a obligatiods detirtiod is paragraph 6, 6eiow, eaccea[ the Balance of the Cbrusaot Sum, than Surely shall pay en City tba asnoaa! of such eueceas; or 4.4 Waive its right co per&xm sail co=aplao0. arrasige Sur completion, or obtain A sew outractor noel with s~easoaablo promptness Hader the elrcttn~rroes, xad, agar ia•eatigatiaa sad oonaultatian with «~ty, dstermma is good fiaith its manetaty obligatloa to•e>ytyuadet~ paragraph 6, below, &~r the paaiocmaace sad comple-tio~a of ~ Construction (7oatraot and, as soon as psaclicabie a19~cr the amount •is dotoaza:acd, boodot payment tLomlbr m City with &ll e~hmatioa of the payment's cak~latiou. if City aCOepts $unety's tender ~mder this paragraph 4.4, City truly sttu hold Surety liable fSor future damagesa Qten uolmowa or uallqutdatvd sntsatdag ftvtn the Coilraator Default. If Citg dlspoises bus amount of Surety s t+oador under thin paragraph 4.~t, ~Yty may e~carciae• all r+emedie: aaryable m it at law to eafor+oe Surety's Ilab!llty under. pactrgeaph 6, below: j. u Surety does not ptaoeed as provided in paragraph 4, aho•c, then Surety shall be deatued so .bo in dethrtlt oa tltla Road tieot dt}ya' atber seoeipt of ea addifloaai wtitoen trotioe from City to Surety demaatllttg that 8~Y perfotm its obligation usdcc this Bond. At all times City tdiaII be eatitted to eafacra dR1~ remade avarlabla to City it laar oc ..under die Cottstrasdon Contract hschidio~ without laoilatlon, sad by nosy of oumplo Doty, sights m porSoran work, pt~otect.i~cortf, mitiga-ta dauaages, advdenct! 1 ~i0oiic b mil4gate sahednle delay, of ooordlnaEe wodc with'htleor . , ~pseritlants vr•ttn~olors. 6. RY•a monetary obllgatitm nails! Atla• Bdtitl •lt Hmibed. 61- ttie Aarourrt of tbiic Bond ideutilted heeeia as the Penal filar. Tins trrottetary obligation shall Irugmaat tho Baleaca of due l7ontraot'Sma. Subijoet tv thoao bits, Surety's vb~etions sradet ~ Bodd• are ootlutl~utatb with tine obligations •of t~oa6artsWr umdor the Coa~tuotioa t;ottoOrpck ~tery'a obtig~ationa :hail include, but are ittrt limited tio: • . 6.1 Thu responslbditios of ContntcUor tmdcr the Construet3oa t]nntract for complotlon of tho Consiructioa Contract tuid•ooa+ection of tklbCti•c wariG ' 6.2 Ths sexpamaiblliti~ of Contractor under the Coastruilion Contrail to pay flquidabed damages. sad for damages Eor which ao lignldatod daatages ttre•spxified •in tho Cowtr'actiogCantract, actual carraed by non-parfaonaaoe of fhe Coastructipn Contract inciwiiag, but not limitrsd to, all va proper batlccb~argos, ot~eb, iraymoiua, indemnities. or other danlagea; 6.3 Additional legal, design, prnlbs4ianal sail doiay aosts insulting from Gbntraobbr Defsttlt or reaulitag flnm•the actions or 5lhtte to sot of the Surety under pactgiaph 4,'ttbova (but tsxc~itdiag ttttoravy's tines iaauaed m tsafotee fhis Tion~d), 7. No rigt-t o[asdon shall aconae oa dtls Bond to saj- parsaa or entity other Ihaa City or im srwoetaora or aaslgos. •t3tty of [~tperdno • .Cxvlc,CenmCand•Ltbrtny I'r'~atlfturo Project 006!0 - 2 ,4f~7/04 ~ Coitshuodon perforwanoe Bond Project No. $004-03 &. Surety hereby waives notice of eay change, altecatNm or addition bu they Oon3truotioa Coat[~tct or to related subooattaete, purchase ot+dere cad other obligations, iashrdmg changes of twee. Swro4y caasentr do all terms of the Comtruolioa Coatzaol, iabading pmvisioas tkt changes b tits Contract. Na axteaaion of timq cbnnge, al~eaadnn; a~adi8catlon, deletioty or addition to the Contract Documents, or of Bic work mgpit,ed tha+etuder, obeli release or exotsecate Suttty oA $~ Band or in any way affect the obtigat3ons of Surety on diia Band_ 9. Any praceoding, or equitable, under this Hoed shall be instituted is any court of congpetes-t )ucladletfaa where a ' proceeding is pending bttwixn City and contractor aagarding the Gba4tmotion Cbnhaet; or m 6ae courts of the Caiaity of Satrta Clue, 'or In >< court of cotrtpeteat ;~urisdictiom in the locatiaa In wlttch the vaerlc is Wcatod. Gommuoioatioas fi:anl City do tturery under paragraph 3.1 of this loud obeli be doomed to includo the neoeaasry agroemeulg wider paragraph 3.2 of thial Boad unleaa expressly statod o9wawisa I0. All notIoea b Surety or contractor aba1L he malted or rLolivered (ar the addreaa sat Borth on the aigoaturs page of this Bond), and all nothxa bo Qity shall be mailed of deliv+eted as provMod in Dooumont 00520 (~ceemeat). A,~ual receipt of uotioe by Sttretji. City ar GbntaaotoG however aooomplishad, shall be att><Yloiant oompliauce as of the date received at the i~bregoiag addresses. 11. Any praviaiou i4 this aapd oontllctiag with sqy statutory or ngn4tory roquiremcnt shall be deemed deleted hetefmm and provlsiods oonforluing to anah atat,utory rrx;nirement shall be deenoed incozporitod herein. 12. DelSnitlons. 121 aalanoe of the Gbntract Sum: 'I'he total amount payable by ~Y to Gbntractor prasnaat to d1e 1G[ms of Wo Conskuctioa Contract aflrr all ProP~ ~Justns%rrt9 have beea~ roadie aadcr thG Coaskucdon Contract, for exauQla; deductinas for progress paym~eaa atade; and increase's/decres;as for approved naodificatiotts b the CAnstrrwYtloa Qoatd cot. 12.2 Codstruotion Contract: 'ILe agreea~eut between City and Cocrkactor identified on the slgnauuc page of.this Bond, including all Contract 1)ocumests sad d~a,ugcs tbrareto. IZ.3 Contractor Defaatt: N[aterial falhue of Ooatrsc6u, w6dch has noldsor base romcdied ear watved, to perform • of other,~e b comply wife file Uecros of tfse Gbi~shnotian Coatiact ituQladltt~g, but nbt limited tq "default" or any other oonditfon allowing a Uamti~oa for cause as provided la Document 00700 (Qenecal Cbnilitlom)_ 124 tatty Default: blatodsl f3s~ura of Csty, whLch ;ttas neither hose rerrtediod not waived, to pay (7oaaactoc 1~8~ pari~s due t~dec tits eom!<uctioa lJaMtact or >n pet'bgrm gther yoataiai 1ts[tgs of the Cgastrudiou{;batraot, if anc4 f3siluc+e ~ the cauae~ of the asaccted Cou~aOor De[f+tutt and fs suf$aient to justify Coutraabor eerudnatlon of We Ctmstrnatioa Coohts~, BbiD t~ na.[nyoat~rr City of Cupartiao t~tvk CbnterandlabcuyPuanltltee Project 4(~T/04 00610 ~ 3 Comtru~otioa~-erforntatwe Bond P'oojcctNo. 20x4-03 pOCI]bVIBI~T 00620 BOND # 929331419 calvs'~cvt~'alaly LA~QR AND e~-.'rs~A~l, PA'itl41LNT BOBfi • THTS CpN5TRY1t:tiON 1.ABQIt AND MATBItIAL PAYl1~~NT BOND ("Hood"~'Ia dshd May 19, 2004 ~ ~ ~ •penal sum of Six Hundred Eighty Five Thousaind Six Hundre Fifty and•~I]1U0'' [oaae.hotuultecLpercent ofthe Contract Pria], >tnd is enbz~ced into e~y and between tha palates Hate¢ beL'ow to ensure tha psytndat o[ olaiaoants wader flee Coastrucaioa Contract ilsted below. 'Ibis Bond consists of this page and the Bond Tasmua cad Cow, pareggatplas 1 through i4, aftsebcd to his ~y One F14rk Place L. Ferrari, LLC ('"(~p~~]~ The~ontinenfal Insusrance Cho. ~ ("Suroty"X the City of Ctapeatiao, a Muadcipal Ca~poat-tion of the State of Callforuta ("~ttyr~ ar other patty shall he oonsldetnd plutel aVboae appltceble. .Ot~'NTZtACTOR: One Work place L. Ferrari, LLC Name 1057 Montague Expwy A~ddanas - - Milpitas, CA 95035 : ~Y~~iP CONSCQUCTION OONTRACT: lBTY: The Continental Insurance Co. N~CNA Plaza Principal Place of Huaincas ~~ C i~ago, IL Cityl3tstn/7.ip C[VIC CENTER AND I[.IBRA]tY I+'URNI')CUIl1E P>ttOJEC.•'T' PRO~CT NUIN~RR ZOi4-03 sa CupAt'Naa, t~sliBomta. DATED May 17th -_ _ 20 04in the Aaeo~taat ofS, 685 , 650.81 •~~ "Penal ~.] DONTRA.CTOR AB•PRINCa'AL (7otnpegy: Qotp, Sear) One. Work Place ~~~L. Ferrari, LLC Slgnattu~C: r SURB'Y"~l The Continental Insurance Co. Company. (Gbxp. SeaA . }~ •N'ameandTitle: RaXhleen Runestad _ Attorney-in-Fact• - Barra T>a~s Ar~u coNnrTrorrs .tJoairecbnr• and-Surety, ~pintiy end sewerslly, biaid thaatiseiras, their heirs, execxttoaat; adr~aletreooax, ~aiooet+sots subd s~l8ns b t~ty sad~eo (xaittrents, to pey for labor, rdat~als and ogtripioiaat tltmi~hed fibr usa la tha •ptlritocrosa~co of Sao C'onsttaction' (7otttttict, which is lavotporeted heuaeht. by rei~ncc_ . 2. Wiflt to txty, dais obligation shall he t+~ir app vtrW if Contractor. 2.1 ProtnP~' maloes pay~6 dlractly ~ V~ 6or all sums duo ; sued 2.2 Detbnds, indanmifie9 and•holdr ba®lesa CiiY farm all a1airos. d4tnattds, liens or suib by ea~y'petaoa a who !l~rnislted•IaboY, tnatariala or ogatp~etnt ibr ale la the performeaoe of the Oonstlntoaton Gcruact; prvridcd,(~ti- ltas ptam~tly aeotifted Qotltrecto c~and Surety (ae rho rdd~as net foi0i et! dta atgm~aa pagc aP ,~ Bond) of.say ~elaiutis; demabda, lioai or aatits and tec-dered de#bnse of suds ctaittts, ddmi~ada, peas or suits ~ Cgataacboc wad 8trcety, and proridod ti~ore is auo C~lq- Del3tult C,ltttyof(~uportino 00620 -1 Consttuctlan Labor end Matoti~, #ayment Goad Ciric• Center rued Llbtagr Atttrtiuut: Prgjao~t 41a71i04 Pcaject Na. 2oo~W3 3. • Willi respect to chdmart-ts, tlriv o6ligatlon shall bt null .rod void if Coa~oUor pmngrtly mal~xa payIIrartt; d"n+eot[y or indirecfty through its $uba~vahactors, for s11 sums due Caairrraats. If Coa or its Saboootracoora, bowavec, ikil to parr any of the persons aaarncd in itilectien 31st ~~f dro thtitiamia~ Cade, ac anrotmt6 dae under rite v~pbymmt insucaaee code with reapeot so work ~~ labor perfonaed uaadu rho Contra, or riot ~ aacaunts r+egoired bo be deduobed, withheld, and paid over to tlx~ 13mployment 1>ovclopaaetrt Department Darn die wager of etapllvyees of Cantrabtor or 3uboonlracGora pursuant bo Section t302o of the Unemployment Lasuran,ce Code, with t+espoct tp auoh W,ark and labor, lixa $uoety ahap pay fts f3>e same, and also, i4 case suit is brought aeon this Bond, a nea9onabla attaraey'a ibe, tiv be ~ced,by tine court. 4. Goasisbent ividr the Calitiuaia Medracfe's Dian Law, C2vI[ Code $3082, er req., Sarety shall have ab obligation m Cladmaats atnkr aria l3oad unless tl~e Clamant has satisflcd all applicable nol~lae regairameat!_ . 5_ S"urety's total obligation ahaII not exeaed the amount of dtis bond, and the amount-of this Doad shall be cxedibod for nary payaueata roads la Good faith by 8ur+aty wader 9ris Bead. .. 6. Amouunts doe Contracbar rmde~r lire Cactsatuction Contnaat allall be applied Brat m satisFy clairru4 if ant, uaxler any Caesttocbioa Perttarmsnoo Bond sad aceonci, m satisfy e~bligatioaa of Coutrsctor sad Swn~ty amder this Boad. 7_ City shall not he liable for payaiawt of an3* costs, expanses, or atbraey's f~eea of any Claimant uadcr this Bond, sad shall have under dtis •Bond no obligations to n~alae Eiayanenls to, give nodoes on behalf oi; or otlrawlse have ai,Ugatiorrs ~ C2aimaam undo[ this l3ond_ 8. - Surety hereby waives notice of nay change, itrcludiog changes of time. to the Caaaf<iroaon t~oaaaot or to related aultoontraets, pun~ase orders and other obligatioat. :5ur+ety ftircth~ee hereby stipulates and agrees fat no change, czteasian of ~ tQbaration ax addition to file farms o1' 9ae Conatnrctioa Contract, or to the Work W be peedocm:ed dumeande{ or matai[sls or egaipmcnt to be fiumished iiteteuadec or l;re Specilieatiana aocamipanying the samey shall tt- atty ~aay at$ct its abllgstioas under this Bond. and it loos hertiby waive sqy cegaicemeot of notice ar eny cosh cyraaga, extension of finite, alEeratioa or sddiiion to toe terms of the Construction Uontryact or to the Wot~c or to the • $ploas or eny odrer chatagris. 9. Suit against $arety oa this $ond may be brought by.anr Claimant, or its assigrns, at any time after ~e Claimant has furnished the last of the labor sae materiah, ar boor, taut, per Civil Code §3249, must ba oammoaeod belroie ~e• •eacptd~tion of sbc monde attCr the podod in whlctt stop notcass may be ~ as provided is Civil Coda ~ 3184. 10. AT1 notices to Surety oG Coalractor shall be mailed oc d~:livered (at tba addnos: set forth on fhe signadare page of tlris a0i~c sad a1! aotioea'6o Chy Mall bF~ma'Uadvc;dalivemd ss provided in Doatment 00520 (Agiec+mat~: aadual a~~y ~aa~a~ Cpafraabor,,luowuver aaootrgrtiahAd, shag be sufficieput ovmpNtnoaa as of rho daEo re~oe~iit:~srt't~ie • 11. 7hls Botsd has been ~irniahtd w oomp>tijr with the CalTtbruia Mecinwic's Lisa Law inaludiag, but sat limitod to, fSnll.Coda' ¢$3247; 32s{$, u seq. Arty provision m Dds Bond eonDieting wift-.aaTd a~tutar3r rnqu[mmetnts shall ba dop~gd,delg~ood,hereflom,aad prod:moos ooali~g Urr tinah atirtutory or other legal regahemeNs shall be damned iaaoztaoratad hemta. 'The Trtbeat is tl<at thin Brood dhall be nortsaued as a satutory bond and•nat ss i common law bowl. 12. Upon r<vyvoat by soy lxrbon ax entity appearing tv bb st potential beneficiary of thin Bond, Coatracbor shalt promptly fiimish a Dopy of tltTe Dond or shall pe4ait * copy to bo roade. 13. •Cantraaloc adaall pay b peesoas patfotradng labor iq a~o<1 about Wa~dc pravld,ed fax in the~onttact Dootiments an gapvnt equat.m +or moae t(uto,•tbe gt:aeral pRVpui~,ra~de oFper diem wages for CT) wasic of a similar charmer is Ara •batll4y Tn ~vhTo4 •dro Wotlc i+• paclionmod and Cad kgal,.hollday tnd ovecthae ~vock bn raid lorxlity. the par~diem wtagos shall be av smount equal to or •mor+e than flta atipalatgd rater oontaiaad in a schedule that liars boon saoesrtalned alf~r ofo • ' 00620 -•2 Cbnstruotion Labac sad Matox{~ Ytrynraoat Band C',.tvic Cbnta< trod LAarary fiavitaaa Prgioa ~ , 4127/04 Project No. 2llib4-03 and det~ermiaod 63' the Director of the State department of indmlriat R,etatiarua tad City to be tlue general p~~ rate of per dleru wages tior sash craft or type of wa~~sn or raect~aaic needed to execute this Contract. Contractor si>Rll also cause a Dopy of this detoaamation of the geevatiing rate of per diem wages rn be postal at each Sits 14. Lletiaitions. 14.1 ClaimanC An htdividnal or entity Lsviug a direct contract with Contractor or with a Suboontiador of Codrac~or to furnish laboy rasterials or oquipmant for use id the perfiarmance of the CoNract, as t defined in C~litiauis t:2vi1 Code ~318i. 'I7te htteat of this Bond shall bo to iaoWda without limitatiart is tho forms "labor. mafstiala or aqu~mcnt" twat part of water, gas, powrr; light, boat, at7, $A:o1u~a,'lalephona service or r~l equ~nLerst ased is Bre Ce~nsf;vu~ioa Coatnct, arvhitoetnal and engineaistg aerrlc~as required for pecEot of the Waz1[ of Contractor end Coatraotor's S'abcouftaotoca, stud ell other hams for ~vb-ish a slap notlae might be asserted, 1La larm Claimant shall also inclade the Uttempbymant Development Deparimeout as edm 9a t~vfl Oode ~3248(ir). 14.2 Conatrucaoa Coatrac>: 3Le agreea~egt betweon CTity sad Contractor ulentitiod on the aigaatura page of thle $oud, hiaiudbag aII Contrast Dooumesdm and changes ttuu+ato. 14.3 tarty Aefa+tlt Mat~;a1 ftilure of City. ~vhlch l~tis naltlver been tetaodied riot waived„ to pay the Ooatractot as required by the Oonstns~oa Canltack pmvidod that faihae i~o tho cause of the failuro of Contractor m pay the Claimants and is sufficient to Justify ierntfmttion of ~e Gbttsttuctioa Cantrack IiNY! aF 1DOCVZwtsrrr Gty of'Cupartiaa Q0620 - 3 Cottstcuctioa X.¢bor and lutateriat 1>eyment Goad Clvla Garber sad i.biary l?uraitae Pr+q~aat ~1/27/r}4 • NO'CICE In accordance with the Terrorism Risk Ins~zrance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualt;~ Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Irnow All Men By These Presents, That The Continental Insurance Company, a South Carolina corporation, and Firemen's Insurance Company of Newark, New Jersey, a New Jersey corporation (herein called "the CIC Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Kathleen Runestad, Anthony F Sullivan, Individually of Novi, MI, their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified Iind confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CIC Companies have caused these presents to tle signed by their Senior Vice President and their corporate seals to be hereto affixed on this 5th day of March, 2004. The Continental Insurance Company Firemen's Insurance Company of Newark, New Jersey Michael Gengler Senior ce President State of Illinois, County of Cook, ss: On this 5th day of March, 2004, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice Pre:~ident of The Continental Insurance Company, a South Carolina corporation, and Firemen's Insurance Company of Newark, New Jersey, a Ne~v Jersey corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL ~ ELQA PRICE • ,//~~~~/~ NOTARY PUBLIC, STATE OF IL1S1018 /f/~/ MY COMMISSION E%PIRES: O6H 7106 My Commission Expires September 17, 2006 Eliza Price Notary Public CERTIF:[CATE I, Mary A. Ribikawskis, Assistant Secretary of The Continental Insurance: Company, a South Carolina corporation, and Firemen's Insurance Company of Newark, New Jersey, a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of thl: corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this ~-~_ day of ('f~ r~... ~ s~S:~• ~r '~i :b .. p~ .. Pi w'~ Form F6850-11/2001 The Continental Insurance Company Firemen's Insurance Company of Newark, New Jersey Mary A. ika kis Assistant Secretary Project No. 2004-03 DOCU3vIErdT 00630 GUARANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of ttie State of California ("City"), for construction of CITY OF CUPERTINO PROJECT N0.2004-03 CIVIC CENTER AND LIBRARY FURNITURE PROJECT C'[1PERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Completion, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided try Contractor and its Subcontractors of all tiers in connecrion with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall.constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Completion. If within one year after the date of Final Completion, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resultin;; therefrom If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though .equipment, materials, or Work required to be provided under die Contract Documents have been inspected, accepted, and .estimated-for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be%defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. Ali abbreviations and defuutions of terms used in this Agreement shall have the meanings set forth in the Contract Documents, including, without means of timitatioq Section 01420 (References and Definitions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at taw with respect to Contractor's duties, obligations, and performance under the Contract Documents: In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at taw, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. CNr 1,.rc /~ ~p,r~, i.. :. i=~=i1~1A',1~, t_t.~ . Contractor's Name l~~ t~'~ y r~ i la c,~ F F ><i ~~ ~~ w~`I Address Yl ~ 1. (~ i {f~ ,i L :A `i .S 0 `~ C City/StatelZip '~ ~ Date City of Cupertino END OF DOCUMENT Civic Center & Library Furniture Project 00630 - 1 Guaranty 4/27/04 Project No. 2004-03 DOCUMENT 00670 ESCROW BID DOCUMENTS Requirements for Escrow Bid Documents. a. Within the time period established in Document 00200 (Instructions to Bidders), Contractor shall submit to City a set of Escrow Bid Documents as deemed ni paragraph 2 below. Escrow Bid Documents will be used only in the manner and for the purposes described in this Document 00670. b. The submission of the Escrow Bid Documents, <<s with the bonds and insurance documents required under Document 00200 (Instructions to Bidders), is considered an essential part of the Contract award. Should Contractor fail to make the submission within the allowed time specified, Contractor may be deemed to have failed to enter into the Contract, Contractor shall forfeit the amount of its Bid security accompanying Contractor's Bid, and City may award the Contract to the next lowest responsive responsible Bidder. c. NO PAYMENTS WILL BE MADE, NOR WILL CITY ACCEPT CHANGE ORDER REQUESTS UNTIL THE ABOVE-REQUIRED INFORMATION IS SUBMITTED AND APPROVED. ALTERNATIVELY, CITY MAY DECLARE THE BID NON-RESPONSIVE. d. Contractor shall submit the Escrow Bid Documents, in person by an authorized representative of the Contractor, to: Terry W. Greene, AIA City Architect City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Scope of Escrow Bid Documents. a. Within the time period specified in Document 00200 (Instructions to Bidders), Contractor shall submit one copy of all documentary information received or generated by Contractor th preparation of Bid prices for the Contract Documents, as specified in paragraphs 5 rind 6 of this Document 00670. This material is referred to in this Document 00670 as the "Escrow Bid Documents." Contractor's Escrow Bid Documents will be held in escrow as provided in this Document 00670. b. Contractor represents and agrees, as a condition of award of the Contract, that the Escrow Bid Documents constitute all written information used in the preF~aration of its Bid, and that no other written Bid preparation information shall be considered in resolving disputes or claims or may be considered in legal proceedings. Contractor also agrees that nothing in the Escrow Bid Documents shall change or modify the terms or conditions of the Contract Documents. Contractor is advised that the Escrow Bid Documents will only be used as a guide in the resolution of disputes and claims. Ownership of Escrow Bid Documents. a. 'The Escrow Bid Documents are, and shall always remain, the property of Contractor, subject to joint review by City and Contractor, as provided in this Document 00670. City stipulates and expressly acknowledges that the Escrow Bid Documents constitute trade secrets. This acknowledgement is based on City's express understanding that the information contained in the Escrow Bid Documents is not known outside Contractor's business, is known only to a limited extent and only by a limited number of Contractor's employees, is safeguarded while in Contractor's possession, is extremely valuable to Contractor and could be extremely valuable to Contractor's competitors by virtue of it reflecting Contractor's contemplated construction techniques. City further acknowledges that the Escrow Bid Documents and the information contained in them are made available to City only because such action is an express pre-requisite to City of Cupertino Civic Center & Library Furniture Project 0067C - 1 Escrow Bid Documents 4/27/04 Project No. 2004-03 award of the Contract. City agrees to safeguard tt~e Escrow Bid Documents, and all information contained in them, against disclosure to the fullest extent permitted by law, consistent with paragraph 4 of this Document 00670. 4. Escrow Bid Documents maybe used in the determination of price adjustments and change orders and in the settlement of disputes and claims. If used in legal proceedings, ]?scrow Bid Documents shall be subject to an appropriate protective order limiting their disclosure. Format and Contents of Escrow Bid Documents. a. Contractor may submit Escrow Bid Documents in their usual cost-estimating format; a standard format is not required. Contractor shall prepare and submit the Escrow Bid Documents in English. b. City requires Contractor to itemize clearly in the Escrow Bid Documents the estimated costs of performing the work of each Bid item contained in Contractor's Bid. Contractor shall separate Bid items into sub-items as required to present a detailed cost estimate and allow a detailed cost review. The Escrow Bid Documents shall include all Subcontractor bids or quotes, supplier bids or quotes, quantity take-offs, crews, equipment, calculations of rates of production and progress, copies of quotes from Subcontractors and suppliers, and memoranda, narratives, add/deduct sheets, and all other information used by Contractor to arrive at the prices contained in the Bid. Escrow Bid Documents shall include costs of scheduled maintenance, depreciation, fleet rental expense discounts and incentives, and simil~cr cost adjustments if used by Contractor to calculate its Bid prices. Estimated costs shall be broken down into Contractor's usual estimate categories such as direct labor, repair labor, equipment ownership and operation, expendable materials, permanent materials and subcontract costs as appropriate. Plant and equipment and indirect costs should be detailed in Contractor's usual format. Contractor shall identify its allocation of indirect costs, contingencies, markup and other items to each Bid item. c. Contractor shall identify all costs. For Bid item; amounting to less than $10,000, Contractor may estimate costs without a detailed cost estimate, provided th~ct Contractor includes applicable labor, equipment, materials and subcontracts, and allocates applicable indirect costs, contingencies and markup. d. Bid documents provided by City should not be included in the Escrow Bid Documents unless needed to comply with these requirements. 6. Submittal of Escrow Bid Documents. a. Contractor shall submit the Escrow Bid Documents within 14 Days after the award. T'he container shall be clearly marked on the outside with Contractor's mime, date of submittal, project name and the words "Escrow Bid Documents -Open only in the presence of Authorized Representatives of both City and Contractor." City will review the Escrow Bid Documents for initial compliance. City has three Days after receipt of Bidder's Escrow Bid Documents to demand additional information. b. By submitting Escrow Bid Documents, Contractor represents that the material in the Escrow Bid Documents constitutes all the documentary information used :in preparation of the Bid and that Contractor has personally ' examined the contents of the Escrow Bid Documents container and has found that the documents in the container are complete. Contractor agrees that it will not introduce or rely on any other documents to prove how it prepared its Bid. c. If Contractor's proposal is based upon subcontracting any part of the Work, each Subcontractor whose total subcontract price exceeds five percent of the total Contract Sum proposed by Contractor, shall provide separate Escrow Documents to be included with those of Contractor. Such documents shall be opened and examined in the same manner and at the same time as the exam.nation described above for Contractor. d. If Contractor wishes to subcontract any portion of the Work after award, City retains the right to require Contractor to submit Escrow Documents for the Subcontractor before approval of the subcontract. City of Cupertino Civic Center & Library Furniture Project 00670 - 2 Escrow Bid Documents 4/27/04 Project No. 2004-03 Storage, Examination, and Final Disposition of Escrow Bici Documents. a. The Escrow Bid Documents will be placed in escrow until Final Completion of Work on the Project, in a mutually agreeable institution. Contractor shall pay the cost of storage for the Escrow Bid Documents until that time. The storage facilities shall be the appropriate size for all the Escrow Bid Documents and located conveniently to both City's and, to the extent reasonably possible, Contractor's offices, but in no event outside the County of Santa Clara. b. Both City and Contractor shall examine the Escrow Bid Documents, at any time deemed necessary by either City or Contractor, to assist in the negotiation of price adjustments and change orders or the settlement of disputes and claims. Examination of the Escrow Bid Documents is subject to the following conditions: i. As trade secrets, the Escrow Bid Documents are proprietary and confidential under paragraph 3.b. of this Document 00670. ii. City and Contractor (and any Subcontractor, to the extent Escrow Bid Documents are required by a Subcontractor) shall each designate in writing to the other party(s) at least seven Days prior to any examination, representatives who are aut}rorized to examine the Escrow Bid Documents. Except as otherwise provided in a court order, no other persons shall have access to the Escrow Documents. iii. Except as otherwise provided in a court order, access to the documents may take place only in the presence of duly designated representatives of both City and Contractor. If Contractor fails to designate a representative or appear for joint examination on seven Days' notice, then City's representative may examine the Escrow B:id Documents upon an additional three Days' notice. iv. Following Final Completion of Work on the Project and achievement of fmal settlement, City shall direct the escrow agent holding the Escrow Bid Documents in writing to return those documents to Contractor. END OF DOCUMENT City of Cupertino Civic Center & Library Furniture Project 00670 - 3 Escrow Bid Documents 4/27/04