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10-008 Robert A. Bothman, Quinlan Center Plaza Renovation, Project No. 2009-9237 Project No. 2009 -9237 DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ( "Agreement and Release "), made and entered into this 19-K day of 0 T , 20010, by and between the City of Cupertino ( "City"), and Robert A. Bothman, Inc. ( "Contractor "), whose place of business is at 650 Quinn Avenue, San Jose, Ca 95112. RECITALS A. City and Contractor entered into Contract P.O. No. 00056717 (the "Contract "). B. The Work under the Contract has been completed. Now, therefore, it is mutually agreed between City and Contractor as follows: AGREEMENT 1. Contractor will not be assessed liquidated damages except as detailed below: Original Contract Sum $ 223,524.00 Modified Contract Sum $ 233,821.75 Payment to Date $210,439.58 Liquidated Damages $ 0 Payment Due Contractor $ 23,382.17 2. Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of Twenty Three Thousand, Three Hundred Eighty Two Dollars and Seventeen Cents ($23,382.17) under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with City as of the date of such payment. 3. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against City arising from the Contract, except for the claims described in paragraph 4 of this Document 00650. It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against City, and all if its agents, employees, consultants (including without limitation Consulting Cupertino), inspectors, representatives, assignees and transferees except for the Disputed Claims set forth in paragraph 4 of this Document 00650. Nothing in this Agreement and Release shall limit or modify Contractor's continuing obligations described in paragraph 6 of this Document 00650. City of Cupertino Agreement and Release of Any and All Claims Plaza Renovation 00650 - 1 Project No. 2009 -9237 4. The following claims are disputed (hereinafter, the "Disputed Claims ") and are specifically excluded from the operation of this Agreement and Release: Claim No. Date Submitted Description of Claim Amount of Claim N/A 5. Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that, in consideration of the payment set forth in paragraph 2 of this Document 00650, Contractor hereby releases and forever discharges City, and all of its agents, employees, consultants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract 6. Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Documents. 7. Contractor shall immediately defend, indemnify and hold harmless the City of Cupertino, Santa Clara County, its Architect, any of their Representatives, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and /or Subcontractors of any tier and /or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims set forth in paragraph 4 of this Document 00650. 8. Contractor hereby waives the provisions of California 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. 9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable. 10. Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release. 11. All rights of City shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release. City of Cupertino Agreement and Release of Any and All Claims Plaza Renovation 00650 - 2 Project No. 2009 -9237 * * * CAUTION: THIS IS A RELEASE - READ BEFORE EXECUTING * * * THE CITY OF CUPERTINO, a M •'cipal C of the State of California B B. 1, _ A:I - ABA David Knapp, City Manager ATTEST: ``// Xet a City Clerk Robert A. Bothman, Inc. By: .r /a Name: (---i 4 K2° Its: 1 ,,,, ' I r iw,e----- By: Name: Its: RE1EW AS TO FORM: Ci� orney 1 0 \ `'1 , 20 1 (-.) END OF DOCUMENT City of Cupertino Agreement and Release of Any and All Claims Plaza Renovation 00650 - 3 DOCUMENT: 20802382 Pages: 3 RECORDING REQUESTED BY 01 1 111 111 1 11 1 11 Fees.... * No Fees Taxes Ces City of Cupertino AMT opi P A I D WHEN RECORDED MAIL TO REGINA ALCOMENDRAS RDE # 012 SANTA CLARA COUNTY RECORDER 8/03/2010 City Clerk's Office Recorded at the request of 4.12 PM City of Cupertino City 10300 Torre Avenue Cupertino, CA 95014 -3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION QUINLAN CENTER — PLAZA RENOVATION PROJECT NUMBER 2009 -9237 2700riginal 0 For Fast Endorsement E City Hall 10300 Torre Avenue Cupertino, CA 95014 -3255 ( 5� 9 ss (408) 777 -3354 CUPERTINO PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION QUINLAN CENTER — PLAZA RENOVATION PROJECT NUMBER 2009 -9237 NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, 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 Robert A. Bothman, Enc., January 29, 2010, in accordance with the plans and specifications for said work, have been completed to the City's satisfaction and acceptance of completion was ordered on July 20. 2010. 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. CA_ u CSC Director of Public Works and City Engineer of the City of Cupertino Date: July 23, 2010 "NO FEE VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the day of July 2010 at Cupertino, California. Julie City Clerk's Office City of Cupertino Project No. 2009-9237 `/,~~y V DOCUMENT 00520 ~l~ ~~~e; CONTRACT THIS CONTRACT, dated this ~~ay oflY~n~~!'~/ 2010 , by and between Robert A. Bothman whose place of business is located at 650 Quinn Avenue, San Jose, CA 95112 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the 19`h day of January 201 O awarded to Contractor the following Project: PROJECT NUP/IBER 2009-9237 QUINLAN CENTER -PLAZA RENOVATION 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 SpeciFcations, Drawings, and all other terms and conditions of th~~ Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Terry Greene, City Architect, to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, 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 inderrutities. 2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Tinte and Liquidated Damages 3.1 Contract Time. The Contract Time will corruYtence to run on the <tate indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Substantial Completion within 90 Calendar Davs ,and Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) within 120 Calendar Davs from the date when the Contract Time commences to run as provided in Document 00700 (General Conditions). City of Cupertino 00520 - 1 Contract Plaza Renovation Project No. 2009-9237 3.2 Liquidated Damaees. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Substantial Completion as specified above. 3.2.2 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.3 $2,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND HOURS. 32.4 Three Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before ]'final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. Liquidated damages shall apply cumulatively arid, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies, may also levy Fines and penalties for the harmi~rg, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached City of Cupertino 00520 - 2 Contract Plaza Renovation Project No. 2009-9237 Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual ~~onditions, 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 safc;ty precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products speci£cations or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface condition:, 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 neces;:ary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the teens and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice cf all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontra.ctors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00400 Bid Form Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00460 Schedule of Major Equipment and Materials Suppliers Document 00481 Non-Collusion Affidavit City of Cupertino 00520 - 3 Contract Plaza Renovation Project No. 2009-9237 Document 00482 Bidder Certifications Document 0051 O Notice of Award Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notice to Proceed Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Fo:an Document 00680 Escrow Agreement for ~iecurity Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specification/Special Provision.; Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Article 7. A4iscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the ~: ontract Documents, and may subcontract portions of the Contract Documents only in compliance with tha 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 ma.y have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencinl5 with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall. be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on Fle at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSRIPWD/Northern.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-irisurance in accordance with the provisions of that Code, and City of Cupertino 00520 - 4 Contract Plaza Renovation Project No. 2009-9237 Contractor shall comply with such provisions before cornrnencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be 3eclared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force <ind effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this, Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise inclyded in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall to 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 here~~nder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. 7.9 Contractor and all subcontractors shall comply with the Uniform Administrative Requirements for State and Local Goverrunents set forth in the Code of Federal Regulations (CFR), Title 49, Part 18. In addition, the Contractor agrees to comply with the cost princiFles and procedures set forth in Office of Management and Budget Circular A-87. The Contractor agrees th:xt a reference to either Office of Management and Budget (OMB) Circular A-87of the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is applicable, and the Code of Federal Regulations, Title 49, Paz-t 18, will be included in any subcontracts entered into as a result of this contract. City of Cupertino OO:i20 - 5 Contract Plaza Renovation Project No. 2009-9237 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year fast above written. QUINLAN CENTER -PLAZA RENOVATION CITY: CONTRACTOR: CITY OF CUPERTINO, a Municipal Corporation of the [-Contractor's name-] State of California S / / By. -~ , [Signature] Attest: City Cl imbe 't Approved as to form by City Attorney: n~~ City orney:: Saeed Yousef [Please print name here] Treasurer Title: [If Corporation: Chairman ,President, or Vice President] By: [Signature] I hereby certify, under penalty of perjury, that David W. Knapp, City Manager of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino. Da ~-~`~ David W. Knapp, City Mana r of the City of Cupertino, a Municipal Corporation of the State of California Designated Representative: Name: Terry W. Greene, AIA Title: City Architect Address: 10300 Torre Ave., Cupertino, CA 95014 Phone: 408-777-3354 ~~ ---- Facsimile: 408-777-3 3 3 3 AMOUNT: $ 223,524.000 `~~ ' ACCOUNT NUMBER:420-923 - 300 FILE NO.: 92,008.13D [Please print name here] Title: Chief Operating Officer [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] 440332 A, B, C8, C27 State Contractor's License No. Classification May 31, 2011 Expiration Date Taxpayer ID No. Name: Brian Bothman Saeed Yousef Title: Chief Operating Officer Address: 650 Quinn Ave _ San Jose , Ca . 95112 Phone: 408-279-2277 Facsimile: 408-2 79-2 281 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT City of Cupertino 00520 - 6 Contract Plaza Renovation CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California j ss_ j County of Santa Clara 1 I On January 28, 20'10 before me, Wen-Tin Hsu I (NOTA'2Y) I j personally appeared Brian Both manotSSaeed Yousuf ~ j who proved to me on the basis of satisfactory j evidenceto be the person(s) whose name(s) is/are j subscribed to the within instrument and acknowledged to j me that he /she /they executed the same in his /her / j their authorized capacity(ies), and that by his /her / I their signatlare(s) on the instrument the person(s), or the ; I entity upor behalf of which the person(s) acted, 1 executed tl-~e instrument. : 1 I • WEN-TIN HSU I certify under the PENALTY OF PERJURY under the • I Commission At' 185365 I laws of the State of California that the foregoing • ~ ~ Notary Pub1lc - Calltornta i paragraph is true d correct. j j Santa Clara County _ i M Comm. Ex Tres Jul 9. 2073 WIT S my anyd a ~~f ial s ~I. \ L ~ ~i ~~ --~~ I I Place Notary Seal Above Signature of No[ary Public I 1 OPTIONAL INFORMATION 1 :Though the information below is not required by /aw, it may p, ove valuable to persons relying on the document I and could prevent fraudulent removal and reattachment of this form to another document. ~ (CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ~ 1 • 0 INDIVIDUAL ~ ~ CORPORATE OFFICER Quinlan Center 1 I I TITLES(S) I NUMBER OF PAGES • ID PARTNER(S) 1 :0 ATTORNEY-IN-FACT I ~ TRUSTEE(S) •~ GUARDIAN/CONSERVATOR ~~ OTHER: I 1 OTHER j ~ SIGNER IS REPRESENTING: RIGHT THUMBPRINT ~ • I NAME OF PERSON OR ENTITY(IES) OF E SIGNER I ROBERT A. BOTHMAN, INC_ a i i I ~~!~HII~IT A Project No. 2009.9237 DOCUMENT 00400 BID FORM To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions [o Bidders). TO TAE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THIS BID IS SUBMITTED BY: Robert A_ Botl-iman, =nc. (Firm/Conrpany Name) PROJECT NUMBER 2009-9237 QUINLAN CENTER -PLAZA RENOVATION 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), to perform and famish 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-re>ponsive. 2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100 (Advertisement fbr Bids), and Document 00200 (Instructions to Bid.ders), including, without limitation, those dealing with the disposition of Bid Security- This Bid will rem<<in subject to acceptance for 90 Days after the day of Bid opening. 3. Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and analysis and given notices, regarding the Project and the Sice, as set forth in Document 00520 (C:ontract), Article 5. 4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among [he Contract Documents and as-built drawings and actual conditions and the written resoiution thereof through Addenda issued by City is acceptable to Contractor. 5. Subcontractors for work included in all Bid items., in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430 (Subcontractors List). G The undersigned Bidder understands that City reserves the right to reject this Bid. 7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instructions [o Bidders) within the times specified therein- These documents include, but are not limited to, Document 00520 (Contract), Document 00G 1 O (C'onstmctioit PerY'ormance Bond), and Document 00620 (Construction Labor and Material Payment Bond). 8. Notice of Award or request for additional infor[nation may be addressed to the undersigned Bidder at the address set forth below on the signature page- 10. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety bond famished by a surety authorized to do a surety business in City of Cupertino Bid Form Plaza Renovation 00400 - 1 Project No_ 2009-9237 the State of C:alifomia, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent (1 O%) of the total of Bid and made payable to the "City of Cupertino"_ 11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all work within the time specitied in Document 00520 (Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder fitrther acknowledges City has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents. 12. The undersigned Bidder agrees that, in accordar~ce with Document 00700 (General Conditions), liquidated damages for failure to complete all Work in tl:~,e Contract within the time specified in Document 00520 (Contract) shall be as set forth in Document 00520 (Contract). City of Cupertino Bid Form Plaza Renovation 00400 - 2 Project No_ 2009-9237 SCHEDULE OF BID PRICES All Bid items, including lump sums and unit prices, must be tilled in completely. Allowances and Alternative Bid items are described in Document 00800 (Special Conditions). Quote in figures only, unless words are specifically requested. Specialty Items are identified on the Bid Form in the description- ITEM DESCRIPTION UNIT EQ"Sf1T~ TOTAL ~ Remove Existing Fountain and Construct Plaza Renovation LS I q Z (~^ ~}' 3 TOTAL BID PRICE 2 ~ ~{- L+ 3CI Total Bid Price: IV~Ifl~\uY~VZd 'SUU.V-{~-Qt?N ~io~,tSavtd ~t,~~In~.~,tndve~ ~-t~iy-tu VI I ltX~ (Words) ADD ALTERNATE Alternate DESCRIP'T'ION UNIT EST,Y ADD TOTAL $ 1 Install Austin Benches by Landscape Works LS 1 ~~y Q / y ~ r, TOTAL ALTERNATE ~' ~~, Total Add Alternate Price: Unit Legend LS =Lump Sum AL =Allowance EA =Each SF =Square Feet LF =Linear Feet TON =Ton or 2,000 Pounds CY =Cubic Yards LB =Pounds City of Cupertino Bid Form Plaza Renovation 00100 - 3 Project No. 2009-9237 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No_ Addendum Date 1 12/2/2009 Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for [he sums of money listed in this Bid Form. NAME OF BIDDER- Robert A- BotYiman, Inc . licensed in accordance with n act for the registration of Contractors, and with license number: 4 4 O 3 3 2 Expiration Dale: 5~?~~20 ~ L California Where incorporated, iY'applicable James C. Moore Vice President Principals I certify (or declare) under penalty oY' perjury under the laws of [he State C rfom- a~ regoing is true and correct. iat~ire of $id NOTE: If Bidder is a corporation, set forth the legal name of the corporation, state where incorporated, together with the signature oY'the oY~icer or oY'ficers authorized to sign contracts on behalf of the corporation. If $idder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. 650 Quinn Avenue Business Address: San Jose CA 95112 Officers authorized to sign contracts: James C. Dore, Vice President Typed Full Name: Telephone Number(s): 4 0 8- 2 7 9- 2 2 7 7 Fax Number<s): 4 0 8- 2 7 9- 2 2 8 6 E-Mail Address: i mooreQbot,Yiman - com END OF DOCUMENT City of Cupertino Bid Form Plaza Renovation 00400 - 4 Project No. 2009-9237 DOCUM7~NT 00430 REQUIRED SUBCONTRACTORS LIST Bidder must provide the following Listed Subcontractor infi~tmation in conformance with the California Public Contract Code where the value of the Subcontractor's work is or exceeds % of one percent (.OS%) of the Bid on Document 00400. Failure to do so will render Bid Non Responsive. Bidder is reminded that Listed Subcontractors cannot be substituted by the Apparent Low Bidder after Bid has been submitted and opened, without City's formal approval. Subcontractor Name Address 8c Phone No. License No. Trade $ Value $ Qi~OI Se.I- IYIG- 5G1n PRblviCq ~V I I~~S stYNOfyIYAII -t ~~ -T 32~ ©OO• 1 t t 1 (1 Pr/1'fbYd _ f Y ® O Yl ~ co»~ v~ ~ '~ - cl 1 $ 5 6 - 4 ~ D t7 , -- a ati sAVlJose ~ o0 5fo3 S'~ P~1 -n 5 O. (Ytt-GvYV~6uNYot I>7 savi cA~rlos, ~ -~ ~ g ~ D ~ 0 % e ' _~ l6ct~ {Za art s+F'om~io~ .`~F937 t7emr~t~tit~vl ~O Co tai sneers a necessary VOLUNTARY SUBCONTRACTOR LIST Bidder is requested to voluntarily provide Subcontractor information listed below for subcontract work whose value is less than '/~ of one percent of the Bid on Document 00400. Faiture to do so will have no impact on Bid. Bidder is requested not to substitute Subcontractors after Bid. has been submitted and opened, without City's informal approval- Subcontractor Name Address Sc Phone No. License No. Trade $ Value $ Attach additional sheets if necessary END OF DOCUMENT City of Cupertino OOG30 - 1 Subcontractors List Plaza Renovation Project No. 2009-9237 DOCUMENT 00460 SCHEDULE OF MAJOR EQUIPMENT AND MATERIAL SUPPLIERS The undersigned Bidder represents that, if awarded the Contract, the items of major equipment and materials specited below will be supplied by the manufacturers or suppliers specified below. By so indicating, bidder warrants that the equipment and materials manufacturer and/or supplied by the named manufacturer or supplier will be provided on the Project unless review of submittal information or performance under tests reveals that the equipment or material does not meet Contract requirements. Failure to indicate a manufacturer or supplier listed in [he following schedule may render the Bid non-responsive and may be the basis for rejection of the Bid. Item Manufacturer or Suvplier 1. Steel _~~M 2. Masonry Block _~~5~~~~"~t,~',G - Bidder: Robert A. Bothman, Snc. S ATURE December 8, 2009 DATE END OF DC~C;UMENT City of Cupertino SCHEDULE OF MAJOR Plaza Renovation EQUIPMENT AND MATERIAL SUPPLIERS 00460 - I Project No. 2009-9237 DOCUMENT 00481 NON-COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE §7106 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMI'1 TED WITH BID STATE OF CALIFORNIA COUNTY OF Santa Clara ss. JamaS C . MOOre being I-first duly sworn, deposes and says that he or she is Vice President [Office of Affixnt] of Robert A. Bothman, Snc. [Name of Bidder], the party making the foregoing Bid, that the Bid is not made in the interest ot; or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham $id, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham Bid, or [hat anyone shall re&ain from bidding, and that the 13idder has not in any manner, directly or indirectly, sought by contract, communication or conference with anyone to fv: the Bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any advantage against the City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to et2ectuate a collusive or sham Bid. Executed under penalty of perjury under the laws of [he State of California: Robert A. thman, 2nc. (~~(Na~me of Bi e i! lure of I'rinci Subscribed and sworn before me ~A V1n_D. S C~ ~'~ C{~'(C'i This ~ day of I~.~C atnn,h-e~Y` , 2009 WEN-TIN HSU n r Commission f 1!53645 Notary Public of the State of ( _~{ ~.iTZ~Ylti1 L>~ < e. Nota-y PubUe - Califontia z In and Y'or the County of ~' ~,~-~~ C.\c~~t-rte. = Santa Ctara County Cottta~. .IW 9. 2013 My Commission expires~~ ~ ~, I ~ (Seal (If Bidder is a partnership or a joint venture, this atfidavit must be signed and sworn to by every member oY' [he partnership or venture.) {If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial Of2icer, or Assistant Treasurer.) (If Bidder's affidavit on [his form is made outside the State of California, the ol3icial position oY' the person taking such affidavit shall be certified according to law.) END OF DOCUMENT City oY' Cupertino O{148 i - 1 Non-Collusion AYlidavit Plaza Renovation Project ..\o" 2009-9237 DOCUMEN"h 00610 BOND NO. 6675900 PREMIUM: $2,571_00 CONSTRUCTION I'ERFORAIANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated 01/26/2010 ~ is in the penal sum of TWO HUNDRED TWENTY THREE THOUSAND, FIVE HUNDRED TWENTY FOUR ----- - [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensw-e [he to ithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 [krrough 12, attached to this pa e. Any sin ~ular reference to ROBERT A. BOTFMAN INC_ DBA B8B* ("Contractor"), SAFECO INSURANCE COMPANY O~ AMERICA (•`Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other parry shall be considered phiral where applicable. * CONCRETE CONSTRIICTION COMPANY CONTRACTOR: SURETI'- ROBERT A_ BOTFMAN INC. DBA BfiB SAFECO iNSIIRANCE COMPANY OF AMERICA Name CONCRETE COSNTRIICTION COMPANY Name 650 OUINN AVE 1340 TREAT BLVD. 4/550 Address Principal Place of Business SAN JOSE, CA 95112 _. WALNUT CREEK, CA 94597 City/State%Zip City,'State!Zip CONSTRLCTION CONTRACT: QUINLAN CENTER -PLAZA RENOVATION YROJECT NUMBER 2009-9237 at Cupertino, California DATED X010 in the Amount of S 223 , 524 _ 00 (the "Pena] Sum") CONTRACTOR ASP IYAL SUKE"lY Company: (Coop. al) c'"'~/ Company: (Co e 1) Signature: Signa[ur M. ODY Name and Title: Brla^ Bot??man Name Title: ATTORNEY-IN-FACT BOND TERA45 AND CONDITIONS Contractor and Surety, joint]}' and severally, bi:ad themselves, [heir heirs, executors, administrators. successors and assigns to City for the complete and proper performance of the Construction Contract, which is mcotporated herein by reference. Lf Contractor completely and properly performs all of its obligations uuder the Construction Contract, Surely and Contractor shall have no obligation under this Bond. if there is no City Default, Suret}''s obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract: and 3.2 City has agreed to pay the Balance of the Contract Sum: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Conn-act; or City of Cupertino Construction Performance Bond Plaza Renovation 00610 - 1 CALIFORNIA ALL-PURPOSE ACKNO'WLE~GMENT State of California l County of SAN FRANC=SCO J} On JANUARY 26, 2010 before me, JANET C. ROJO, NOTARY PUBLIC , Date Here Insert Name antl Title of the Officer personally appeared _ JANET C. ROJO ..® J COMM. #1867590 ;J ai NOTARY PUBLIC-CALIFORN{I> ;y SAN FRANCISCO COUNTY -a My C,amm. Explros Oct. 4. 2013 p ~.,,a,,.,~,.o,-.ems. ~~°•i7+'~~ M. MOODY who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/~:he/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whil~h the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of tfle State of California that the foregoing paragraph is true and correct. WIC-NESS my hand anEi official seal. Place Notary Seal Above ture L - Though the information below is not required by law, it may grove va/uable to persons relying on the document and cou/d prevent fraudulent removal and reattachment of this form fo another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: O Individual O Individual D Corporate Officer -Title(s): O Corporate Officer -Title(s): O Partner - ~ Limited D General _ _ _ ~ Partner - ~ Limited ~ General _ _ _ D Attorney in Fact O Attorney in Fact " O Trustee Top of thumb here O Trustee Top of thumb here ~ Guardian or Conservator O Guardian or Conservator D Other. O Other: Signer Is Representing: Signer Is Representing: ®2DD7 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #590] Reorder: Call Toll-Free 1-BOO-876-0827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ~ State of California ~ ~ ~ ss. ~ County of Santa Ciara J 1 1 On January 28, 20'10 before me, Wen-Tin Hsu 1 (NOTARY) I ~ personally appeared Brian Bothman ~ Name(s) of Signer(s) ~ who proved to me on the basis of satisfactory ~ evidenceto t)e the person(s) whose name(s) is/are ~ subscribed to the within instrument and acknowledged to ~ me that he i she /they executed the same in his /her / 1 their authorized capacity(ies), and that by his /her / 1 : their signature(s) on the instrument the person(s), or the 1 entity upon behalf of which the person(s) acted, 1 executed thEa instrument. 1 1 WEN-TIN HSU 1 certify undE~r the PENALTY OF PERJURY under the I ~ Commissions 1853645 laws of the ~>tate of California that the foregoing ~ _ ~-~ - Notary Public -California z paragraph is true and correct. ~ Santa Clara County ' c. - ' WITNESS my h d and offic' seal. -_ _ M Comm. Ex Tres Jul 9. 2013 1 ~ ~.~ ~ 1 ~~ ~ ~ , ~ : _ C ~ 1 ~ Place Notary Seal Above Sig ature of Notary Public ~- 1 1 OPTIONAL INFORMATION( 1 : Though the information be/ow is not required by law, it may prove va/uab/e to persons relying on the document I and cou/d prevent fraudulent removal and reattachment of this form to another document. 1 (CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 1 1 ' : ~ INDIVIDUAL ~ ~ CORPORATE OFFICER Construction Pertormance Bond 1 1 1 TITLESCS> 1 NUMBER OF PAGES ID PARTNER(S) 1 :~ ATTORNEY-IN-FACT IQ TRUSTEE(S) •D GUARDIAN/CONSERVATOR IQ OTHER: 1 OTHER i ~ ~ ~ SIGNER IS REPRESENTING: RIGHT THUMBPRINT 1 NAME OF PERSON OR ENTITY(IES) OF ° 1 E • SIGNER 1 ROBERT A_ BOTHMAN, INC_ ~ 1 ~° 1 I (-- ~.I~('Y'~."4' i`('r~~3~ I~ZI"~LI~~4 Safeco Insurance Company of America General Insurance Company of Amedca POWER 1001 atn Avenue OF ATTORNEY suite noo Seattle. WA 98154 No_ 9532 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GEfIERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *""""*'J. M. ALBAIJA; BRIAN F. COOPER; SUSAN HECKER; VIRGINIA L BLACK; M_ MOODY; MAUREEN O'CONNELL; JANET G ROJO; BETI"Y L. TOLEN TINO; ROBERT P. WRIXON; San Francisco, California`•~x~`°"~`•'~""•'"'tx~'~'""•~^"° its true and lawful attorney(s)-in-fact, with full authority to execute on .fs behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF' AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each ¢zecuted and attested these presents this 21 st March 2009 day of j~-~cfi~r ~. ~? 3 ~ th~~ Oezt¢r R. Legg, Secretary Timothy A. Mikolaj¢wski, Vice President CERTIFICATE - Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA- "Article V. Section 13. -FIDELITY ANO SURETY BONDS ___ the President,-any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority [o execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business..- On any instrument making or evidencing such appointment, the signatures may be axed by facsimile- On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAI=ECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURAN CECOMPANY OF AMERICA adopted July 28, 1970_ "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (~) The provisions of Article V, Section 13 of [he By-Laws, and - - (ii) A copy of the powerof-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, [he signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, DeMer R. Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and [na[ both the By-Laws, the Resolution and [fie Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto se[ my hand and affixed the facsimile seal of said corporation this ~~ -4- SEAL e-~ 1953 b ~?'~ afASttt 26th JANUARY 2010 ~~~~£ cv~o~s. E s SEAL x ~~s ~'/ I., 2~ day of ~-~ ~.~y? O¢xt¢r R. Legg, Secretary 5-0974/DS 3/09 WE8 PDF Project No. 2009-9237 32.2 To a contractor selected to perform the Construction Conn-act in accordance tti•ith the terms of this Bond and the Construction Conn-act. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of [he following actions: 4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4, below); or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided, [fiat Surety may not select Contractor as its agent or independent contractor without City's consent; or 4.3 Undertake to perform and complete the Construction Conn-act by obtaining bids from qualified contractors acceptable to City for a contract for perfom-tance and cmnpletion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured tvitfi performance and payment bonds executed by a qualified surety equivalent to [he bonds tssued on the Consriuction Conri'act; and, if Surety's cbligations defined in paragraph 6, belo~t', exceed the Balance of the Contract Suns, then Surety shall pay to City the amount of such excess; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain anew- contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City, deten~nine in good faith its monetary ot~ligation to City under paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. if City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknowm or unliquidated resulting from the Contractor Defau]t_ If City disputes the amour[ of Surety's tender under this paragraph 4.4, City nay exercise a71 remedies available to it at law to enforce Surety's liability under paragraph 6, below. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety deniandin~ that Surety perform its obligations under this Bond. At al.l times Ciiy shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation, and by ~+ay of example only, nehts to perform work, protect work, mitigate damages, advance critical work to ntingate schedule delay. or coordinate work with other consultants or conhactors. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Pena] Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limtts, Surety's obligations under this Bond are cornn-tensurate with [he obligations of Contractor under the Constuction Contract. Surety's obligations shall include, but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract £or completion of the Constntction Contract and correction of defective wo-k; G.2 "The responsibilities of Contractor tinder the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Consn-uction Contract, actual damages caused by non-performance of the Construction Contract including, but not liniiced to, all valid and proper backcharges, ofl"sets, payments, tndemniiies, or other damages: (i.3 Additional legal, design professional and delay costs resulting fiom Contractor Default or resulting from the actions or failure to act of the Suret}' under paragraph 4, above (but excluding attorney's Tees incurred to enforce this Bond). City of Cupertino Plaza Renovation 00610 - 2 Construction Performance Bond Project No. 2009-9237 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns 8. Sm-ety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, ttwdi£cation, deletion, or addition to the Contract Documents, or of the work required thereunder, sluzll t-elease or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond- 9. Any proceeding, legal or equitable, under tlus Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between C'it}~ and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Commm~ications from City to Surety under paragraph 3.1 of this Bond shall he deemed to include the necessary contracts under paragraph 3.2 of this; Bond unless expressly stated otherwise. 1 O. All notices [o Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions- 12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Conh-act, for example, deductions for progress payments made, and increases%decreases for approved modifications to the Construction Contract. 12.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract including. but not limited to, "default" or any other condition allo'.ving a termination for cause as provided in Document 00700 (General Conditions). 12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of dte Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT City o£Cupertino Construction Perfotznance Bond Plaza Renovation 00610 - 3 Project No. 2009-9237 DOCliMENT OOG20 BOND NO. 6675900 CONSTRUCTION LABOR AND MATERIAL PAY_VIEN"I' BOND THIS CONSTRUCTION LABOR AND MATERIAL Pp.YMENT BOND ("Bond") is dated 01/26/2010 is in the penal sunt'1-'WO HUNDRED TWENTY THREE THOUSAND, FIVE HUNDRED TWENTY FOUR------- [one hundred percent oI- the Conri-act Price), and is entered into by and between the parties listed belo~i- to ensure the payment of claimants under the Construction Contract listed below- This Bond consists of this page and the Bond Ternrs and Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to ROBERT A_ BOTAMAN~ INC_ DBA BfiB~ (•'Contractor"), SAFECO INSIIRANCEC_OMPANY OF AMERICA ("Surety"), the Cit}• of Cupertino, a Municipal Corporation of the State of California ("City-") or other party shall be considered plural where applicable- CONCRETE CONSTRIICTION CO?MANY CON-I-RAC`fOR: ROBERT A_ BOTHMAN INC_ DBA B>~B Name CONCRETE CONSTRIICTION COMPANY 650 QUINN AVE. Address SAN JOSE, CA 95112 CityiState.~Zip CONSTRUCTION CONTRACT: at Cupertino, Califotrtia. DATED SURETY. SAFECO INSURANCE COMPANY OF AMERICA Name 1340 TREAT BLVD_ ~~550 Principal Place of Business WALNUT CREEK, CA 94597 City; Statei Zip QUINLAN CENTER -PLAZA RENOVATION PROJECT NUA•iBER 2009-9237 2010 in the Amouc.t of S 234 , 524.00 the "Penal Surn"j CONTRACTOR ASP IPAL Company: t eal) Signature- Name and Title: Briar othman ~~~-~'~~~iclent SURETY Company: (Corp Sigitamre: M. MOODY N'amc and Title:___. ATTORNEY-IN-FACT BOND TERA4S AND CONDITIONS Contractor and Surety, jointly and severally, bind themselves, [heir heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equip n~ent furnished for use iu the performance of the Construction Conri-act, which is incorporated herein by reference. With respect to City, this obligation shall be null and void if Contractor 2- 1 Promptly makes payment, directly or in3ircctl y, for all sums due Claimants; and 2-2 Defends, indenmiSes and holds hannles~s City from all claims.. demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at [he address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims, demands, licns or suits to Contractor and Surety, and pro~-ided there is no City Default With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or rts Subcontractors. City of Cupertino Construction Labor and Alatenal Plaza Renovation 00620 - 1 Paymrut Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California - County of SAN FRANC=SCO On JANUARY 26 , 201 O before me, JANET C . ROJO , NOTARY PUBLIC , ,~_.~ Here Insert Name and Title of the Officar personally appeared M. MOODY JANET C. ROJO ..~ r COMM. #1867590 ~y t. NOTARY PUBLIC-CALIFORNIA b SAN FRANCISCO COUNTY ~' My Comm. fixpires Oct. 9, 2013 wh ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized caF~acity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I c•~rtify under PENALTY OF PERJURY under the laws of 'the State of California that the foregoing paragraph is true and correct. WITNESS rri~handand official seal. Place Notary Seal Above Though the information be/ow is not required by law, it may prove va/uable to persons relying on the document and could prevent fraudulent removal and reatta chmeni of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: ~ Individual O Individual O Corporate Officer -Title(s): D Corporate Officer -Title(s): O Partner - O Limited ~ General _ _ ' ~ Partner - O Limited ~ General _ _ O Attorney in Fact • ' ~ Attorney in Fact • " Top of thumb here ~ Trustee Top of thumb here O Trustee ~ Guardian or Conservator ~ Guardian or Conservator O Other: O Other: Signer Is Representing: Signer Is Representing: ®2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, C4 91313-2402 • www.NationalNotary.org Item #5997 Reorder: Call Toll-Free 1-BOO-876-6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEPo9ENT State of California County of Santa Clara ss. On January 28, 2010 before me, Wen-Tin Hsu personally appeared WEN-TIN HSU Commission #F 1853645 - ~~ Noiary public -California = Santa Clara County My Comm. Ex Tres Jul 9. 2013 (NOTARY) Brian Rothman who proved to me on the basis of satisfactory evidenceto be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her / their authorized capacity(ies), and that by his /her / their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offs eal. ' _- _ /._ - ( ~~~,~C ~ c <~ _ :~~ Place Notary Seal Abova Signature of Notary PCiblic 1 OPTIONAL INFORMATIOIV 1 :Though the information be/ow is not required by law, it may pro ve valuab/e to persons relying on the document I and cou/d prevent fraudulent removal and reattachment of this form to another document. 1 (CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 1 i ~ INDIVIDUAL ~ ~ O O C CORP RATE FFI ER Construction Labor and Material Payment Bond 1 I 1 TITLES(S) 1 0 NUMBER OF PAGES PARTNER(S) 1 1 :~ ATTORNEY-IN-FACT 1 ~ TRUSTEE(S) ~~ GUARDIAN/CONSERVATOR : I~ OTHER: 1 OTHER ; ~ ~ SIGNER IS REPRESENTING: RIGHT THUMBPRINT 1 NAME OF PERSON OR ENTITY(IES) OF E SIGNER I ROBERT A. BOTHMAN, INC. ~ 1 1 1 1 1 1 1 Project No. 2009-9237 however, fail to pay any of the persons named in Section 3181 of [he California Civil Code, or amount due under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for any amounts required to be deducted, withhead, and paid over to the Employment Development Department from the wages of enmptoyees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, wish respect to such Work and labor, then Surety shall pay for tfie same, and also. in case suit is brought upon this Bond, a reasonable attorney's fee, to be fixed by the court. 4. Consistent with the California Mechanic's Lien Law, Civil Code §3082, et seq., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satis£ed all applicable notice requirements. ~- Surety's total obligation shall not exceed the a:~rrount of [his Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second, to satisfy obligations of Conn-actor and Surety under this Bond. 7. City shall not be liable for payment of any cots, expenses, or attomey's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otheravise have obligations to Claimants under this Bond. 8. Surety hereby aa•a ivies notice of any change, including changes of time, io the Construction Conn-act or to related subcontracts, purchase orders and other obligations- Surety further hereby stipulates and agrees that no change_ extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be performed thereunder, or materials or equipment to be fumished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it does hereby avaive any requirement of notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or [o the Work or to the Specifications or any other changes. 9. Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code fi3249, must be conmmenced before the expiration of six months after the period in which stop notices may be £led as provided in Civil Code §3 1 84. 10. All notices [o Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. ] 1. This Bond has been furnished to comply with [he California Mechanic's Lien Laav including, but not limited to. Civil Code §§3247, 3248, er seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted hereY}om and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The vttent is that this Bond shall be construed as a statutorv_ bond and not as a common law bond. 12. Upon request by any person or entliy appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 13. Contractor shall pay to persons performing labor in and about Vb'ork provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (I) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per " diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and deternmined by the r~irector of the Stare Departrent of Industrial Relations and City to be the general prevailing rate of per diem adages for each crafr or type of workman or mechanic needed to execute this City of Cupertino Plaza Renovation 00620 - 2 Construction Labor and Material Payment Bond Project No. 2009-9237 Coun-act. Contractor shall also cause a copy of this determination of [he prevailing rate of per diem wages to be posted at each Site. 14. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in [he performance of the Contract, as further de5ned in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power', light, heat. oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code §3248(b). 14.2 Consnruction Contract: The contract --Setweeu City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 14.3 City Default: Material failure of Giy, which has neither been remedied uor w•aivect, to pay the Contractor as required by the Construction Contract, provided that Failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify terntination of the Construction Contract. END GF DOCUMENT Cit~•.of Cupertino Construction Labor and Material Plaza Renavaiion 00620 - 3 Payment Bond .. Safeco Insurance Company of America 7 General Insurance Company of America ~~I Z7eY'tV POWE-.~ toot atn AVenne r~LI~l.I~l OF ATTOF:NEY seattle~wA salsa n1o. 9532 KNOW ALL BY THESE PRESENTS- That SAFECO INSURANCE COMPANY OF AMERICA and Gi=NERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ""««-aJ- M. ALBAOA; BRIAN F. COOPER; SUSAN NECKER; VIRGINIA L_ BLACK; M. MOODY; MAUREEN O'CONNELL; JANET C ROJO; BEl-TY L TOLENTINO; ROBERT P. WRIXON; San Francisco, California•'r"'~~"•••""~^~~•~•tH-~t•~~•fi its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby- IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY CIF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each ¢zecuted and att¢st¢d these presents this 27 st March zoo9 day of .1~'~' ~..~? 1 ArCYI~~ - _ Dexter R. L¢oo, Secretary Timothy A. Mikolajewski Vic¢ President CERTIFICATE - - Extract from the By-Laws of SAFECO INS URANGE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA- "Article V, Section 73. -FIDELITY AND SURETY BONDS _.. the President,-any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of suret)~ operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by [he company in [he course of its business-- On any instrument making or evidencing such appointment, the signatures may be affixed ~y facsimile. On any instmment conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, [hat the seal shall not be necessary to the validity of any such instrument or undertaking." Exrract from a Resolution of the Board of Directors of SFiFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, t970_ "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 73 of [he By-Laws, and - (10 A copy of the powerbf-attorney appointment, executed pursuant thereto, and (iii) Certifying that said powerbf-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, OeMer R. Legg ,Secretary of SAFEGO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that [he foregoing extracts of the By-Laws and of a Resolution of [he Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effeU. - IN WITNESS WHEREOF, 1 have h¢reunto set my hand and affixed the facsimil¢ seal of said corporation this '~~- SEAL a~ l953 may, a `~`Of v~ - 26th JANUARY 2010 ~SJ~~£ caarP,~Q. coRVOauE SEAL x ".~i~ 192 ~~ ~~atv+faS~ day of ~`a`~i' dl. ~fi O¢xter R. Legg, Secretary 5-0974/OS 3/09 WE8 PDF ACOROrM CERTIFICATE OF LIABILI7~Y INSURANCE DATE (MM/DD/YYW) 01/25/10 PRODUCER LIC #072 sa 93 1-415-391-1500 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gallagher Iona true tion services/ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Arthur J. Gallagher a Co_ insurance Brohera of cA Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1 Market St. , spear Tower #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Pranciaco, CA 94105 INSURERS AFFORDING COVERAGE NAIC # -168a Fax: 415-39 1 _ . _ INSURED INSURER A'. ZURICH AMERICAN INS CO 16535 Robert A_ Rothman, inc. - SURERB:AMERICAN GUAR a LZAB ZNS IN 26247 650 Quinn Avenue _ _ INSVRER C.EVEREST NAIL INS CO 10120 CA 95112 S J INSURER D:ZVRICH AMERICAN INS CO OF IL 27855 an osa, INSURER E'. ... THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUF:ED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAI~A S. INSR DD' POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBER LIMITS A X GENERAL LIABILITY GLA4277597 08/01/09 06/01/10 EACH OCCURRENCE _E 2, 000, 000 __. X CGMMERGWLGENERALLIABILITY PREMISES Eaoccu rents $300,000 CLAIMS MADE ~OCGUR MED EXP (Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER'. PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO- LOC A X gUT OMOBILE LIABILITY BAP4277 600-03 (HZ) 08/01/09 08/01/10 COMBINEDSINGLE LIMIT $1,000,000 B X ANY AUTO GLA4277597 (L'A) 06/01/09 O8/01/10 (Ea acdtlant) - ALLOWNEDAUTOS BODILY INJURY $ SCH EDUCED AUTOS (Per parson) X HIRED AUTOS BODILY INJURY $ X NONOWNED AUTOS (Per accltlenp X Comp Dad: $1000 _ PROPERTY DAMAGE $ X Coll Dad: $1000 (Paramltlent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANV AUTO OTHER THAN EA ACC $ AUTO ONLY. qGG $ C EXCESS/UMBRELLA LIABILITY 7107000011-091 08/01/09 08/01/10 EAGHOCCURRENCE $5,000,000 X OCCUR ~ CLAIMS MADE _ __ AGGREGATE $ 5, 000, 000 $ _ DEDUCIBLE $ RETENTION $ $ D WORKERSCOMPENSATIONAND WC427759603 (CA) O8/01/09 OB/O1/10 X WCSTATU- OTN- D EMPLOVERS'LIABILITY WC427759903 (HI) 08/01/09 08/01/10 E. L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED') E.L. DISEASE-EA EMPLOYEE $1,000,000 If yes. tlesoibe untlar SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORBEM ENT /SPECIAL PROVISIONS AE: Quinlan Cantor Project ADDITIONAL INSURED (S) City o£ Cupertino,a Municipal Corporation of the State of California, its City Council and their employees, rapraeantatives, consultants, including wit:aout limitation Consulting Engineer, 6 agents, and Engineer CERTIFICATE HOLDER GANGtLLAIION 'lu says notate zor nonraymanc or r City of Cupertino Pub 11c worRa Department ATTN. Terry Greene 10300 Torre Avenue Cupertino, CA 95014 ACORD 25 (2001/08) ran 142 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATON DATE THEREOF, THE ISSUING INSVRER WILL ~F/Y3~XrY~(riLYPL MAIL 3Oy DAYS WRITTEN NOTCE TO THE CERTFICATE HOLDER NAMED TO THE LEFT, ~l~iX~YLIF/WY`xf~~1~F-~X 747p7s76ILCF7G1{7t7~[1C#7CK/YJxy~XX(iCMK.75~i~dL~Glk~4%117KXIIw6KXRgXX~K%Ii>I~)l7LDFY]47C1C/[7i1c>DSKX AUTHORIZED REPRESENTATIVE ©ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate: holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. POLICY #: Gr.A4277597 COMMERCIAL AUTO sAF427760003 - CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE PC~LICY_ PLEASE READ tT CAREFULLY. DESIGNATI.D INSURED This endorsement modifies insurance provided under th~~ following: 6USINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MO"fUR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsern~ant, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement itlentifies person(s) or organization(s) who are "insureds" under the Who !s An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This entlorsement changes the policy effectlve on the inception date of the policy unless another date is indicated below. Endorsement Effective: 08/01/09 Countersigned By: Named Insured: Robert A" Bo thman, znc. _ r O(AL'thonzetl resent five) Name of Person(s) or Organization(s): SCIi E? Any person or organization with whom you have agreed, through written contrast, agreement or permit, executed prior to the loss, to provide additional insured covarag®. {If no entry appears above, information require~~ to complete this the Declarations as applicable io the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the exten# that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance £>ervices Office, Inc., 't 998 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Pc7t_tCY NA. F.FF. D.4'1'P.OF F.X P. DA'TF. C1F F.FF. D.4TF. C1F A(iFNCI'NO. A17T)'I. PR F. M. RFTIIRN PR F.M. 6LA4297bfl7 YUL YUL. hNll. oa/oz/oa os/oi/ao oa/oi/os Named Insured: Robert A. Sotlaman, Inc. Address (ineluding ZIP Codej 650 Quinn Avenue, San Jo ea, CA 98112 This endorsenicnt modifies insurance provided by the following: Business Auto Coverage Part Truckers Coverage Part Garage Coverage Part Name of Peraon or Organisation: ALL PERSONS AND/OR ORCiANTZATION9 THAT ARS REQIIIRED HY WRITTEN CONTRACT OR AGREEMENT WITH THE ENSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER 08 3UHROt3ATION HE PROVIDED UNDBR THIS POLICY. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFI7LLY. SCHEAULE We waive any riUht of recovery we may have against the designated person or organization shown in the schedule because of payments we make for injury or damage caused by an "accident" or "loss" resulting from the ownership, maintenance, or use of a covered "auto" for which a Waiver of Subrog_atYOn is required in conjunction with work performed by you for Ute designated l)er.Slm or organization. The waiver applies only to thb designated pessoty or organization sltown in the schedule. Countersigned Authorized Iiepreaentative ~~ U-CA-320-A (CW) (4/92) ZURICH Waiver Of Transfer Of Rights Of Recovery Against Others To Us oli,-y No !r I]ntc of Pol.. np. Dato of Pol. Eli'. Dnto of F.nd. goncy No. ddl- Prcm cturn Prom. A P42'7700003 8101:09 801/10 &'01/09 'T'his endorsement is issued by the company named in the Declarations. It changes the policy on the effective date listed above at the hour stated in the Declarations. TEI[S ENDORSEMENT CtIANCES TEiE POLICS', PLEASE READ IT CAREFULLY. Named Insured: Robert A. Botlunan, lnc. Address tineluding ZIiP codel: 650 Quinn Avettue. San Jose. CA'J5112 This endorsement modifies insurance provided under tlte: Business Auto Coverage Form Tnacicers Cove rape Form Garage Coverage Form Motor Carrier Coverage Fonn S(~1HF:DULE Name of Person or Organization: ALL PERSONS AND,70R ORGANIZATIONS THAT ARE REQUIRED BY WRI'T'TEN CONTRACT OR AGREEIYlENT WITH THE INSURED, ,EXECUTED PRIOR TO T1iE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDI3R THIS POLICY. We waive any right of recovery we may Gave against ttte designated person or organization shown in the schedule because of payments we make for injury or damage caused by a.n "accidlent" or "loss" resulting from the ownership, maintenanac, or use of a covered "auto" for which a Waiver of Subrogation is reyu:red in conjtutction with xork performed by you for the designated person or organization. The waiver applies only to the designated person or organization shown in the schedtle. Countersigned: V V ''" _ Date: Authorized Representative 08/01/09 U-CA-320-13 CR' (4i94) P"kC l of I POLICY NUMBER: c;zaaz~~ss~ COMMERCIAL GENERAL LIABILITY CG 20 32 07 04 THIS ENDORSEMENT CHANGES THE P~DLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -ENGINEERS, ARCHITECTS OR SURVEYORS NOT ENGAGEI'~ BY THE NAMED INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE Pi~RT SCHEDULE Any parson or organization with whoa you have agreed, through written contract, agreement or permit, executed prior to the lose, to provide additional in:3ured coverage. A. Section II -Who Is An Insured is amended to include as an additional insured the architects, engineers or surveyors shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising in- jury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. Such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. B. nth respect to the insurance afforded to these additional insureds, the following additional exclu- sion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising in- jury" arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifica- tions; or 2. Supervisory, inspection or engineering ser- e i ces. CG 20 32 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ~ NAMED INSURED: Robert A. so thman, Inc. POLICY NUMBER: GLASa~~s9~ COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVE=RAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION THAT REQVIRES YOU TO [NAIVE YOUR RIGHTS OF RECOVERY, ZN A WRITTEN CONTRACT' OR AGRHENHNT WITH THE NAMED INSURED THAT IS E](ECVTED PRIOR TO THE ACCIDHNT OR LOSS. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) The TRANSFER OF RIGHTS OF RECOVERY,4GAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have aciainst the person or organization shown in the Schedule above because of payments we makes for injury or damage arising out of your ongoing operations or "your work" done under a contract. with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 © Insurance Services Office, Inc., 1992 WORKERS COMPENSATION AND EMPLOYERS LZA6I LITY SNSLIRANCE POLICY WC 04 03 06 (Ed. 9-H4) WAIVER OF OUR RIGHT TO RECOVER FRONT OTHERS ENDORSEMENT- CA L]CFORN IA We have the right to recover our payment~> from anyone liable for an injury covered by this policy. we will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurabely segregating the remuneration of your employees while engaged in the work described fn the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on ~:uch remuneration. Schedule Person or Organization Job Description ALL PERSONS AND/OR ORGANIZATIONS THAT ARE RES2VIRED BY WRITTEN CONTRACT OR AtlREEMENT WSTH THE INSURED, EXECUTED PRIOR TO THE ACCIDBNT OR LOSS, THAT WAIVER 08 SUBROGATION BH PROVIDED UNDER TRI5 POLICY FOR WORK PERFOItbIED HX YOV FOR THAT PERSON AND/OR ORtlANIZATION This endorsement changes the policy to which it is attached and is effective on the date unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preFraration of the policy.) Endorsement' Effective: 06/02/09 Polic~i No. wcaz~~s9aoa Endorsement No. Insured: Robert A. Rothman, Inc. Insurance Company: zurioYi amarioan Insurance Company oP 2L r ~.~~`~ C Countersigned By: V U *~ ~ ~~ ®1998 by the Worker`s insurance Rating Bureau of California. All rights reserved. 11VbRKEFtS'~ COMPENSAI'EON AND EiV1PGdYER$~ LiAB11.17'Y 17dSURANC6 !'OUCY WQ'00 03 1$ WAIVER ~F OUR RlGNT TO REICt~VER t=ROIN QTF#ERS EIVDOR3EIVIENT This endorsement c:Ytangea the poltoy to which it i:: attached eff~activa on the inception date of the policy tmtese a OTfferenl date Ls Fndtcatsd below, (lho fOllawiwg'alteoFHng Gause' weed be canplateq ony~wt:s:h this ewdo+sament Is issued euluequent b raapwatbn mate poric~J 71»s ertdoraetnant, ®fieolive 6h O 6/O1/O 9 et 12:01 A.M. slandani tlrtYS, forms a pari of (DATE) PaltcyNo_, WC427759903 of the _ ~~~~ - Tnrsurarice ~ Issued f0 Itobiert A_ HtSt't~aD:, - Iass _ ~~') Premium ((f ary) $ D ~ ' Au o ReproaehtaUVe Wa have the Nght to recover pur payments from :anyone liabta for en injury covered by this pofloy, We viol not enforce our right against the person or organlaation named In the t3ohedule. 'This a9r'sement applies onty to the extent that you perforPt9 work undor a wrtttc~ contract that requires yov to obtain this aglBerrteni from vs.` 'This agreement shall npt operet®dkectiy or Indirectly to benefit anyone not Warned ki ttre 9chedute. Schedule ALL PERSONS AND/OR ORGANSZATSONS TART AR8 RHQUSRED SY WRSTTEN CONTRACT OR AGREEMENT WITH TH8 SN6URSD, EXEC~OTED PRSOR TO TH8 ACCSDENT OR LOSS, THAT WASVER OF SVBROGATSON BE PROVIDE:p UNDER THSS POLSCY 80R WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGAN LZATSON. 'Typist: strlk® oUt third senYYartoe iF Mappifcable. WC 929 (4-t34) WC OD 03 '13 Oopyrfgtn 1ga3 IVattwisl [:ourmll on CampaneBtlon Meu~ance. Page 9 of 7 CITY OF ~~I CUPERTINO Project Ko. 3D09-9237 CERTH~ KATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. InSw-ed= Robert A. Bothman, Snc Address: 650 Quinn Ava., -3an oae, Description of operations/locations/products insured (show contract name and/or number, if any): Quinland Cantor Project No. 2009-9237 -------------------------- W-ORK.ER'S COMPENSATION -- -- -- -------- - --- -- - - Statutorti~ Min- Zurich American xnaurancs co. 'Employer's of xr, Liability (Warne of insurer) S 1,000,000 S 1,000,000 S 1,000,000 Insurance Company's State License No- NAxe# 27sss Check Policy Type: F_ach Occurrence S 2, 000, 000 COMPREHENSIVE GENERAL LIABILITY [x ] Premises/Operations General Aggregate 5 4, 000, 000 (if applicable) [ ] Owners 8L Contractors Protective Ae ~re~ate S [ ] Contractual for Specific Contract Personal Injury [x] Products Liability [x] XCU E-Iazards [ x] Broad Form P-D. Fire Damage (any one fire) S 300, 000 x] Severability of Interest Clause [xj Personal Injury with Vle3ical Expense S 10,000 Employee Exclusion Removed (any one person) or Sela-Insured COMMERCIAL GENERAL LIABILITY Retention S Zurich American Snauranca Company (Warne Of 71-i5Ure1-) ~ GLA4277597 08/01/10 Policy \o. _ _ Expiration Date City o1 Cupertino Plaza Renovation 00~?U - ti inure nee Farm. Yrojert \0."_'009-9~?; AUTOMOTIVE/VEHICLE LIABILITY Commercial Form Liability Coverage American Guarantee ~ Liability (name of insurer) BODILY INIL7Rl' :each Person PROPF..RTY DAMAGE Each Accident S S_ Each Accident S or Combined Single Limit S 1, ooo, o00 POliCy NO. GLA4277597 EXp113t1 c~Il D3Te 08/01/10 BUILDER'S RISK "ALL RISK" This is to certify that the following policy has been issued by the below-stated company in conformance with the requirements of the project documents and is in force at this time" Policy No. Limits r,f I (Name of insurer) Expiration Deductible: "1-. A copy of all Endorsements to the policy(ies) which in any way is initial) limit the above-listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the .overage afforded by the policies listed herein- Notwithstanding any requirement, teen, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT [S HEREBY CERTIFIED [hat the above policy(ies) provide liability insurance as rcyuired by the Agreement between the City and the insured. Mar Fernandez ~ (J By: y ~ Dated: January 25, ~~ 10 Attach Certificate of Insuranc and .Additional Inured Endorsement on company forms. City cat Cupertino Plaza Ren.~~°ation 0053P -~ S tnsurlr.~c Forms CITY OF .% 1,'~j!. ':'%,/%~JJ ADDITIONAL I`1SL:RED ENDORSEMENT and G tJPERTINO ENDORSEMENTC O-.F PRI_VIARY" INSURANCF_ and NO'1'IC1's OF POLICY CANCELLATI~C)N ENDORSEMENT Project "hiCle and Number:_____ Quinlan canter Project #2009-9237 Tn consideration of the policy premium and note-ithstanding 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 emplo}ee>. and al] public agencies fi-om whom permits will be obtained and their directors, officers, engineers. agents and employees, and the State of California, and its officers. agents and employees, are hereby declared to be additional insureds under the terms of this policy. but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection ~~ ith the Contract with [he City, or acts or omissions of the additional insureds in connection Frith. but limited to its eencral 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 insureds) shall he called upon to cover a loss under :aid additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended. voided. canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City'). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION Zruich American Ina.Co 1 . Insurance Company: GLA4277579 ~ WC427759803 2. Insurance Policy Number:-- __ __ 3. Effective Date of this Endorsement: ,Taunary 2s ,O 10 -~. Insured: Rober A. Bothman, 2nc . :ill notjces herein provided to he `iven by ttte Insurance Company to the City in connection with this policy and these Endorsements. shall ae mailed to or delivered to the City ut 10;00 Terre Avenue: Cupertino, California 9501 -I. Gina Luciano (print type nun~e) 1, warrant that I have authority to hind the below listed Insurance Company and h} my signature hereon do so bind this Company- City :~f Cuprrh no Playa RCn[iv Hllc~n OU„n _ ~S In*urancc Farm= CITY OF f'Ta~lc'-Cr ~U. ~(7Qy-y_% ~.~~~ COMYRF_HENSIVE GENERAL LIABILTIY ~~J~E~ COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF CUPERTINO INS'URAN(~E PER PROJECT Project Tile and 7Vumbe r: 4uinl an Center Project No.2009-9237 In consideration of the policy premium and no[withstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below-referenced policy of insurance. The general ag~*regate limit under LIMIT:i OF INSURANCE applies Separately [o the project described aS _ Par Proi act Ao¢regate Limit POLICY INFORMATION Zurich American Ins. Co. 11. Insurance Company: 2. Lrsurance Policy Nwnber: GLA4277597 3. Elfective Dale of this Endorseutent January 25, ?p 10 4. lnsut'ed: Robert A. Bo thman, Inc. 5. Additional insured: City of Cupertino. its director~~. ofticers, agents and employees. .all notices herein provided [o he given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at I0~00 Torre .-~~unue: Cupertino, California 95014. I Gina Luciano _ _(print/type Hams ) warrant that I have au[hority to hind the below ~iste~d~nsurance Company and by my cignaturc hereon do so bind this Company. `// Signature of Authorized Representative: •~r!e/C_ __~ GGG/ (Original signature required on all En ortiemcnts furnishe to the Dintrictl Vame~ of Arthur J. Ga11ag er ~ Co. Insruance ~ ent/Agenc Brolee rs o£ Cali £ornia, Inc, Account Sxecut ive I, g y~- Title: ~ -'~ddr'etis: one Mar)cet Spear Tower 200 T'e lepho nom: t3oo-500-7202 i ~r~i-- c 9-+I'=-OS---- - - Facsimile: 415-391-1862 City ~~f Cuprrtino I'lazu Renci~-aticm (1[)9 ,O - ~ In~ura me l~rv~m~ CITY OF U WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE CUPERTINO Project ~I ide and IVumherr 4uinlan Center Proy ect #2009-9237 In consideration of the policy premium and nohvithstandin~? an}~ inconsistent statement in the polio to which this Endorsement is attached or any other Endorsement attached thereto. it is agreed as follo~+s It is agreed that with respect to such insurance as is afforded by the policy. the Insurance Cornpan} waives any right of subrogation against [he City of Cupertino, and each of its directors_ oft7cers. a__ents consultants and employees by reason of any payment made on account of injury, including dear]-. resulting therefrom, sustained by any employee of the. insured. arising nut of the performance of the above-referenced Contt ac t_ POLICY INFORMATION 1 . In SU ran CC Company: Zurich American 2nsurance Company of SL 2- Insurance Policy \umherc WC427759803 3. Effective Date of this Endorsement: :ranua ry 25, ~0 to Robert A. Bothman, Snc. 4. Insured: All notices herein provided to he given by the Insurance Company to the Ci[} in connection ~~ith this policy and this Endorsement, shall be mailed ro or delivered to the City at 10300 Tone ,-~~enue: Cupertino, California 95014. Gina Luciano I' i hri nd[ype name r ~. warrant that I have authority to bind the hrlu~~~ listed Insurance Company and by my ci~~nature herc~~n clo so bind [his Company. ~ ~ ~ ` ~ianature of Authorized Representative: 7 GGU-f7 y (Ori=final signature reduired on all Endo set eats furnished to r e District) Varner of Arthur s. Gallagher Co. of insurance Sro)<ars of Californ a, Snc. Account Executive agendAgency:-- Title: One Market Spear Tower, #200 800-500-7202 address:_ _ Tc luph~~n~ San Francisco, CA 94105 --- Facsintilc: 415-391-1882 C'iry u(Cui~crtinn h):]Z.] 12rnn~ Guinn Ol)s ,U - 4 In.uranec Fenn. POLICY NUMBER: GLA4277597 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE P~~RT SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Locations Of Covered O erations City of Cupertino and its directors, officers, engineers, agents and employees. ~ Ra: Quinlan Canter Project and all public agencies from whom #2009-9237 permits will be obtained and their directors, engineers agents and employees and the State o£ California, and its officers, agents and employees. Information re wired to com lete this Schedule, if not sho~nrn above will be shown in the Declarations. A. Section 11 -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the pertormance of your ongoing operations for the additional insureds) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations fora principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 O POLICY NUMBER: GLA4277597 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE P<~RT SCHEIDULE Name Of Additional Insured Person(s) Or Organization(s): Lo.nat:~,., An.i nom,-.:.-.t:.... ~s r.....,...~_.--a ..____~_____ City o£ Cupertino and it::s directors, Re: Quinlan Center Project officers, emginaera, agents and employe ea, #2009-9237 and all public agencies from whom permits will be obtained and their directors, engineers agents and employe t~ and the State o£ California, and its officers, agents and employees. ~ Information required to complete this Schedule if not shown above, will be shown in the Declarations. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement pertormed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties:, Inc., 2004 Page 1 of 1 O