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13-067 Marina Landscape Inc., Wilson Park Irrigation Renovation Rebid Project, Project No. 2012-9130 / OFFICE OF THE CITY CLERK I CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 �5c. 9s TELEPHONE: (408)777-3223• FAX: (408)777-3366 WEBSITE:www.cupeitino.org CUPERTINO May 30, 2013 Marina Landscape, Inc. 1900 S. Lewis Street Anaheim, CA 92805 Enclosed for your records is a fully executed original copy of your agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, All. d /kr-4,e- Dorothy Steenfott Senior Office Assistant City Clerk's Office Enclosure cc: Public Works Project No.2012-9130 /, OCUN[ENT 00520 kii... 1 v CONTRACT ,e) 221-8/21--/ THIS CONTRACT, dated this 7th day of May, 2013 , by and between MARINA LANDSCAPE INC. whose place of business is located at 1900 South Lewis Street, Anaheim, California 92805 ("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 7th day of May,2013 authorized to Contractor the following Project: PROJECT NUMBER 2012-9130 WILSON PARK IRRIGATION RENOVATION REBID PROJECT NOW,THEREFORE, in consideration of the mutual covenants hereinafter set forth,Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents,in accordance with the Specifications, Drawings,and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Roger Lee, Assistant Director of Public Works to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives,including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation,all releases and indemnities. 2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10555 Mary Avenue,Cupertino,California 950'.4 or to such other person(s)and address(es)as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract'Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700(General Conditions)within 30 Calendar Days. 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses(such as project management and consultant expenses), if all or City of Cupertino 00520- 1 Contract Wilson Park Irrigation Renovation Rebid Project t.2.5',/. Project No.2012-9130 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 $150 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. Contractor should be aware that California Department of Fish and Wildlife, and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become familiar 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 City shall pay Contractor the Contract Sum for completion, of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached and incorporated hereto as Bid Form(document 00400), received April 30,2013. Contract sum shall be for base bid item no. 1 and alternate no. 1 only. 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, actua conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means,methods,techniques,sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data,Hazardous Materials Surveys and Existing Conditions),or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work,as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional City of Cupertino 00520-2 Contract Wilson Park Irrigation Renovation Rebid Project Project No.2012-9130 examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations,tests,reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument,contract,order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code§4100 et seq. in document 00340(Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents,including all changes, addenda,and modifications thereto: 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 Document 00482 Bidder Certifications Document 00505 Notice of Intent to Award Document 00510 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 Form Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specification 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). City of Cupertino 00520-3 Contract Wilson Park Irrigation Renovation Rebid Project rJ� Project No.2012-9130 Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code§4100 et seq. 7.4 The Contract Sum includes all allowances(if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C. §15)or under the Cartwright Act(Chapter 2 (commencing with Section 16700)of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor,without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft,classification, or type of worker needed to execute the Contract,as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR./PWD/Northern.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part,term or provision of this Contract or any of the Contract Documents,or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived,they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700,Article 12,established under the California Government Code,Title 1,Division 3.6,Part 3,Chapter 5. City of Cupertino 00520-4 Contract Wilson Park Irrigation Renovation Rebid Project ,Jyr Project No.2012-9130 7.9 Contractor and all subcontractors shall comply with the Uniform Administrative Requirements for State and Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, Part 18. In addition, the Contractor agrees to comply with the cost principles and procedures set forth in Office of Management and Budget Circular A-87. The Contractor agrees that 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, Part 18, will be included in any subcontracts entered into as a result of this contract. City of Cupertino 00520-5 Contract Wilson Park Irrigation Renovation Rebid Project -`?,e,'41" Project No.2012-9130 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. WILSON PARK IRRIGATION RENOVATION PROJECT CITY: CONTRACTOR: p(fie' j CITY OF CUPERTINO,a Municipal Corporation of the Marina L dscape Inc. State of California By: [Signature] Attest: [Please print name here] C,..(2( City Clerk:Grace Schmi p, Approved as to form by City Attorney: Title: • 31 d'UGrI / [If Corpora on: Chairman,President,or Vice President] 17/, x;111 / C(7"ft City Attorney: Carole Korade By: /4) ""!7.' bi t~ Root-'o- ,, ro-uoctin I hereby certify,under penalty or perjury,that Dad. ' . .1, [Please print name here] City Manager of the City of Cuperti • . I u y authorized execute this docu -• .e alf of the City of Cupertino Title: by a .•• • ote of the City Council on: [If Corporation: Secretary,Assis a Secretary, Chief Financial Officer,or Assistant Treasurer] Dated: /ZZI � l 2SV C 2' C3c,,Dtfl State Contractor's License No. Classification (, Timm Borden,Director of Public Works of the City of Expiration Date Cupertino,a Municipal Corporation of the State of California Designated Representative: Taxpayer ID No. g " 3-7(, R. Name: Roger S.Lee Name: RcA9t ?, CO-1A)all Title:Assistant Director of Public Works Title: Address: 10555 Mary Ave., Cupertino, CA 95014 Address: 'g C -e{JU\J !'l I,LahQ,j M tUvi Phone:408-777-3269 Phone: N 131 • D Facsimile:408-777-3399 Facsimile: 1 �{ -�? zj j • ( //21 C�1 '/ NOTARY ACKNOWLEDGEMENT IS REQUIRED. IF A AMOUNT: $ DO CORPORATION, CORPORATE SEAL AND CORPORATE ACCOUNT NUMBERS:420 9130-9300 NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY FILE NO.: I NO.IS REQUIRED \ I City of Cupertino 00520-6 Contract Wilson Park Irrigation Renovation Rebid Project • CALIFORNIA ALL-PURPOSE j CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange E On (T u\ O ' TES beforeme, Kristen Ness , Notary Public (Here insert name and title of the officer) personally appeared Robert B. Cowan , who proved to me on the basis of satisfactory evidence to be the person whose name®is/11:f subscribed to the within instrument and acknowledged to me that he/Matey executed the same in hisdixixottgix authorized capacity-TAY),and that by his/l}sAlke r signature®on the instrument the person , or the entity upon behalf of which the person¢ acted,executed the instrument. li I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. . KRISTEN NESS 1 \' '� ii hand and official seal. „f,_�; Commission#t 1914230 z • r I r �;)- Notary Public-Calitornia f �i_l____t Orange County-a hi Comm.Ex nes Nov 25,2014�� ?TS�T'1 Public (1`I ' ) — — -2 - - ` ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT Any acknowledgment completed in Caljfornta must contain verbiage exactly as *pears above in the notary section or a separate acknowledgment form must be plwerly completed and attached to that document. The only exception is tf a j document is to be recorded outside of California In such instances,any alternative (Title or description of attached document' acknowledgment verbiage a s may be printed on such a doctonent so long as the verbiage does not require the notary to do something that is illegal for a notary in California(IA ce tj/ying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document ca>tfattyfar proper notarial wording and attach this/cm jf requb cd I • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public-for acknowledgment • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. . (A.dditional information) • The notary public must print his or her name as it appears within his or her i commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(S) ludshe/they;is lane)or circling the correct fours.Failure to correctly indicate this information may lead to rejection of document recording. is ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. • ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact 4 Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document d Other. 4 Indicate title or type of attached document,number of pages and date. 4 Indicate the capacity claimed by the signer.If the claimed capacity is a I' corporate officer,indicate the title(i.e.CEO.CFO,Secretary). • • Securely attach this document to the signed document • 2008 Version CAPA v12.10.07 800-873-9865 wwwNotaryClasses.com _..,#,..�t+�„A+as..Akrac+„a1r.0<airaMr�tovM { 4 .. „ v=^aew....ws"9"wrv.+ir,yr•,. w Project No.2012-9130 END OF DOCUMENT City of Cupertino 00520-7 Contract Wilson Park Irrigation Renovation Rebid Project Project No. 2012-9130 • Bond No.:0174450 DOCUMENT 00610 Premium: $1,197.00 **Premium based on 100%of the final contract amount.** CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated May 9,2013 , is in the penal sum of One Hundred Twenty Four Thousand Six Hundred Dollars and XX/100s($124,600.00) [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12, attached to this page. Any singular reference to Marina Landscape, Inc. ("Contractor"), Berkley Regional Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California("City")or other party shall be considered plural where applicable. CONTRACTOR: SURETY: Marina Landscape,Inc. Berkley Regional Insurance Company Name Name 1900 S.Lewis St. 505 N. Brand Blvd.,Suite 1040 Address Principal Place of Business Anaheim,CA 92805 Glendale,CA 91203 City/State/Zip City/State/Zip CONSTRUCTION CONTRACT: WILSON PARK IRRIGATION RENOVATION REBID PROJECT PROJECT NUMBER 2012-9130 at Cupertino,California. DATED May 7th ,20 13 in the Amount Df$ 124,600.00 (the"Penal Sum") CONTRACTOR • . 'RINCIPAL SURETY Company: ( •Alif Seal) Company: (Corp. Seal �� Signat /M�/ y Signature: Af� ied... Name and Title: C-019elet 6. (6164, €t Ai/14r- Name and Title: Matthew J.Coats,Attorney in Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety,jointly and severally,bind themselves,their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond. 3. If there is no City Default, Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract;and 3.2 City has agreed to pay the Balance of the Contract Sum: 3.2.1 To Surety in accordance with the terns of this Bond and the Construction Contract;or City of Cupertino Wilson Park Construction Performance Bond Irrigation Renovation Rebid Project 00610- 1 Project No. 2012-9130 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract. 4. When City has satisfied the conditions of paragraph 3, Surety shall promptly(within 30 days)and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4,below);or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City's consent;or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract;and, if Surety's obligations defined in paragraph 6,below, exceed the Balance of the Contract Sum,then Surety shall pay to City the amount of such excess;or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. If City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6,below. 5. If Surety does not proceed as provided in paragraph 4, above,then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including,without limitation,and by way of example only,rights to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors. 6. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall include,but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to, all valid and proper backcharges,offsets,payments,indemnities,or other damages; City of Cupertino Wilson Park Irrigation Renovation Rebid Project 00610-2 Construction Performance Bond Project No. 2012-9130 6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4,above(but excluding attorney's fees incurred to enforce this Bond). 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts,purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. 10. All notices to Surety or Contractor shall be mailed or delivered(at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety,City or Contractor, however accomplished,shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. 12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example,deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract. 12.2 Construction Contract: The contract between City and Contractor 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 temis of the Construction Contract including,but not limited to, "default" or any other condition allowing a termination for cause as provided in Document 00700 (General Conditions). 12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT City of Cupertino Wilson Park Construction Performance Bond Irrigation Renovation Rebid Project 00610-3 • CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On Mail/ 0) 203 beforeme, Kristen Ness, Notary Public • , (Here insert name and title of the officer) personally appeared Robert B. Cowan who proved to me on the basis of satisfactory evidence to be the person whose name( is/n subscribed to the within instrument and acknowledged to me that he/ghtitkoy executed the same in his/,1Ettk authorized capacitAai),and that by his/l Alkeji signature®on the instrument the persons , or the entity upon behalf of which the person6Aacted,executed the instrument. li I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KRISTEN NESS 4 y� ,;a Commission#f 1914230 •S r u y hand and official seal. Z • 1 Notary Public-California z '' y Orange County 4�w My —j (Nut sue)� Comm.Eat Nov 25_2014 t o Public ----- — -----------'--- - . 'i -— _ ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT Any acknowledgment above completed m Cr a separate lest contain meat form n exactly must as apf cry section or a separate acbrorrleagmaru form mast bs ' properly completed and attached to that doe:anent. The only exception Ls (f a j document is to be recorded outride of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the i verbiage does not require the notary to do something that is illegal for a notary in California(Le. certifying the authorized capacity of the signer).Please check.the (Title or description of attached document continued) document car¢fullyfor proper notarial wording and attach this form if required Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ I n d i v i d a a 1(S) h e/s h e/t h e y is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer .• The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county cleric. ❑ Attorney-in-Fact • Additional information is not to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document ❑ Other + Indicate title or type of attached document,number of pages and date. 4 Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com • • i CALIFORNIA 0 ALL-PURPOSE ACKNOWLEDGEMENT 0 0 State of California 7 jCounty of Orange On MAY 0 9 20)3 before Summer L. Reyes, Notary Public personally appeared Matthew J. Coats (insert name and title of the officer) who proved to me on the basis of satisfactory cvidcngcc to be the person(s)whose namcs3 is/are IA same in to the within authorized capac and acknowledged and that by hie that eir signature(s)� �uon thee tYf� Y instrument the person{,or the entity upon behalf of which the person{,)acted,executed the instrument. I I certify under PENALTY OF PERJURY under the laws of the State of California that the j foregoing paragraph is true and correct. 0 WITNESS my hand and official seal. $ z �. Notary Public-California z j ignature Z My Comm.Comm Ex eires Jul 29,2016 D i No. 7987a POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, Q.' has made, constituted and appointed, and does by these presents make, constitute and appoint: Linda D. Coats,Matthew J. Coats, Douglas A. Rapp or Timothy D. Rapp of Coats Surety Insurance Services, Inc. of Laguna Hills, CA its true and lawful g PP Y PP f tY f g Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed . Twenty Five Million and 00/100 U.S. Dollars (U.S.$25,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. t � This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o . resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21,2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and E qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further t . RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, o or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further - RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 7 power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or 2 c other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have c ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its •b corporate seal hereunto affixed this J,S day of Sc. -e--v7 ,2013. .o Attest. Berkley Regional Insurance Company (Seal) By By • also' Ira S. Lederman 1� y Hafter P Senior Vice President& Secretary for Vu e President o r WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) '6 ) s s: COUNTY OF FAIRFIELD ) N ° Sworn to before me, a Notary Public in the State of Connecticut,this 15 day of ^^4' , 2013,by Jeffrey M. Hafter and .2 Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary,respectively,of ° �Berkley Regional Insurance Company. EILEEN KILLEEN v-7V-. y<rr;v; 11 811( SI ALE uF C()y'aE-C71CU7Notary Public, State of Connecticut MY COMMISSION EXPIRES JUNE 30,2017 Q o CERTIFICATE J I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the z foregoing is a true, correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked Z or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this QPower of Attorney is attached, is in full force and effect as of this date. •-`7. Given under my hand and seal of the Company,this 9I day of ,12(26_. (Seal) iw Andr- -.Aar a Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group, I.I.0 is the affiliated underwriting manager for the surety business of: .Acadia Insurance Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To Verify the authenticity of the bond, please call (866) 768-3534 or email BSGlnquiry(a berkleysurety.com Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group, LLC 412 Mount Kemble :Avenue Suite 310N ;;Morristown, NJ 07960 Attention: Surety Claims Department Or email BSGClaim(a berklevsurety.com Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bored, please identify the project to which the bond pertains. Project No. 2012-9130 Bond No.:0174450 DOCUMENT 00620 Premium: Included with Performance Bond CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND("Bond")is dated May 9,2013 ,is in the penal sum One Hundred Twenty Four Thousand Six Hundred Dollars and XX/100s($124,600.00) [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to Marina Landscape, Inc. ("Contractor"), Berkley Regional Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: SURETY: Marina Landscape, Inc. Berkley Regional Insurance Company Name Name 1900 S. Lewis St. 505 N. Brand Blvd.,Suite 1040 Address Principal Place of Business Anaheim,CA 92805 Glendale,CA 91203 City/State/Zip City/State/Zip CONSTRUCTION CONTRACT: WILSON PARK IRRIGATION RENOVATION REBID PROJECT PROJECT NUMBER 2012-9130 at Cupertino,California. DATED May 7th 20 13 in the Amount cf$ 124,600.00 (the"Penal Sum") CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) �� Signature: Signature: 6'�7,�s� t!'" Name and Title: lJl2?AZ+ • canal, Pit(?s-5(k.6,t4- Name and Title: Matthew J.Coats,Attorney in Fact BOND TERMS A1\D CONDITIONS 1. Contractor and Surety,jointly and severally,bind themselves,their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference. 2. With respect to City,this obligation shall be null and.void if Contractor: 2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants;and 2.2 Defends,indemnifies and holds harmless City from all claims,demands,liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims,demands,liens or suits to Contractor and Surety,and provided there is no City Default. 3. With respect to Claimants,this obligation shall be null and void if Contractor promptly makes payment,directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, City of Cupertino Construction Labor and Material Wilson Park 00620- 1 Payment Bond Irrigation Renovation Rebid Project Project No. 2012-9130 however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor,then Surety shall pay for the same, and also, in case suit is brought upon this Bond,a reasonable attorney's fee,to be fixed by the court 4. Consistent with the California Mechanic's Lien Law,Civil Code §3082,et seq., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amount of this Bond,and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond. 7. City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to,give notices on behalf of,or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be performed thereunder, or materials or equipment to be furnished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes. 9. Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the labor or materials, or both,but,per Civil Code §3249,must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184. 10. All notices to Surety or Contractor shall be mailed cr delivered(at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety,City or Contractor,however accomplished,shall be sufficient compliance as of the date received at the foregoing addresses. 11. This Bond has been furnished to comply with the California Mechanic's Lien Law including,but not limited to, Civil Code §§3247,3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this.Bond shall be construed as a statutory bond and not as a common law bond. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 13. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing,rate of per diem wages for(1)work of a similar character in the locality in which the Work is performed and(2)legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this City of Cupertino Wilson Park 00620-2 Construction Labor and Material Irrigation Renovation Rebid Project Payment Bond Project No. 2012-9130 Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. 14. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water,gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code§3248(b). 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract,provided that failure is the cause of the failure of Contractor to pay the Claimants and is suff:cient to justify termination of the Construction Contract. END OF DOCUMENT City of Cupertino Construction Labor and Material Wilson Park 00620-3 Payment Bond Irrigation Renovation Rebid Project `r' - - �° CALIFORNIA. ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On Mr) ,2U 3 beforeme, Kristen Ness, Notary Public , . , J ��' (Here insert name and title of the officer) personally appeared Robert B. Cowan who proved to me on the basis of satisfactory evidence to be the person whose name(0 iis/c subscribed to the within instrument and acknowledged to me that he/k C r executed the same in his/km(14 i authorized capacity P*,and that by his/l ex/1 r signature®on the instrument the person or the entity upon behalf of which the personftacted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tree and correct. rialdhlailaughlhighilhamilhil- ,.*4111��: hi y hand official seal. KRISTEN NESS �; Commission#� i91�230 i -7,7,-,3�. Notary Public-Catlifornia i 11 = �� Orange County , .ofNotaryPublic (Notary Seal) L, _ _ _ My Comm.Expires Nov 2520!a t • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any DESCRIPTION OF THE ATTACHED DOCUMENT acknowledgment completed m Cr a to kum:g -rem o exactly m must as appears notary section�a asparate acbnowledgment form mast be properly completed and attached to that document The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment �mt verbiage as may be primed on such a docent so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e. cep the authorized capacity of the signer). Please check the Critic or description of attached document continued) document carr�fullyfar proper notarial wording and attach this form 4f reghdrett • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s)personally appeared which must also be the same data the acknowledgment is completed. . (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of tadari CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. D Individual(s) k ishefthey;is/are)or circling the correct forms.Failure to correctly indicate this id-mutation may lead to rejection of document recording ❑ Corporate Officer .• The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (ritic) sufficient area permits,otherwise complete a different acknowledgment form. D Partner(s) • Signature of the notary public must match the signature on file with the office of in-Fact the county cleric.❑ Attorn ey' 4+ Additional information is not required but could help to ensure this D Trustee(s) acknowledgment is not misused or attached to a different document Indicate title or type of attached document,number of pages and date. ❑ Other +S Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 wwwNotaryClasses.com • • • is CALIFORNIA y ALL-PURPOSE ACKNOWLEDGEMENT g State of California / County of Orange 0 yOn MAY 0 9 2013 before me, Summer L. Reyes, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats j who provcd to me on the basis of satisfactory cvidc:ncc to be the person{s)whosc namcf s)is/are subscribed to the same in his/her/their r/thwithin i uthorized capac and acknowledged by his/her/their that he/Ate/they�on the ,and that hiarrccrranrrr st atu instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the j 0 instrument. i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. j WITNESS my hand and official seal. j ,1 , SUMMER L. REYES n- Commission# 1986627 /�I z Notary Public-California z 0 � j,��,� z V.5,411 Tl Orange County a Signature i ` :"N' M x ' /� I_ _____ y Comm.,, E pares Jul 29,2016 No. 7987a POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, v has made, constituted and appointed, and does by these presents make, constitute and appoint: Linda D. Coats,Matthew J. Coats, Douglas A. Rapp or Timothy D. Rapp of Coats Surety Insurance Services, Inc. of Laguna Hills, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Twenty Five Million and 00/100 U.S. Dollars (U.S.$25,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. c7, This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o ..c resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21,2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and F qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further it o RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, 0 or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the Jmanner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any fl power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or c' other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as .F though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." •L -IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its •— corporate seal hereunto affixed this 1,S day of ,2013. g Attest: Berkley Regional Insurance Company o / �y (Seal) By � � By .I T � 4/4/ Ira S. Lederman , Hafter F-. Senior Vice President& Secretary for Vi e President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) E o a, p. COUNTY OF FAIRFIELD ) ° Sworn to before me,a Notary Public in the State of Connecticut,this 15 day of 38i ,2013,by Jeffrey M. Hafter and E .2 Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary,respectively, of Berkley Regional Insurance Company. EILEEN KILLEENe nO; CO r)t BUG sEXPI nrC V,VECri 'TNotary Public, State of Connecticut MY COMMISSION EXPIRES JUNE 30,2017 d o CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the co 51 Z G foregoing is a true, correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked Z or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company,this ' ' day of .kla : , 020/3 (Seal) elI! Andr- "y,� Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group, I.I.(' is the affiliated underwriting manager for the surety business of: Acadia Insurance Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, l nion Standard Insurance Company, Continental western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond, please call (866) 768-3534 or email BSGlnquiry(aberkleysurety.com Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group, LI,C 412 Mount Kemble Avenue Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or email BSGCIaim(a berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please identify the project to which the bond pertains. Client#: 6639 MARILAND ACORDrM CERTIFICATE OF LIABILITY INSURANCE 5/08/2013) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Edgewood Partners Ins.Center ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic#0829370 949-417-9175 Suzan HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 19000 MacArthur Blvd.Penthse Fl. - Irvine, CA 92612 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Ironshore Specialty Insurance C 25445 Marina Landscape, Inc. INSURER B: Scottsdale Insurance Company 41297 1900 S. Lewis St. INSURER C: Old Republic General Insurance Anaheim,CA 92805 INSURER D: Hanover Insurance Company INSURER E: Spec10 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DO/YY) LIMITS A GENERAL LIABILITY AGS0006201 08/01/12 08/01/13 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE RE S Ea occurrence) $50,000 CLAIMS MADE © OCCUR MED EXP(Any one person) $5,000 X Contractual Liabil PERSONAL&ADV INJURY $1,000,000 X XCU GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 n POLICY n 78-- n LOC _ BI/PD Ded. $5,000 C AUTOMOBILE LIABILITY Al CA92801204 08/01/12 08/01/13 COMBINED SINGLE LIMIT $1,000 X ANY AUTO (Ea accident) ,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ X Drive Other Car X Comp-Coll Ded.$1,000 PROPERTY accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY XLS0083703 08/01/12 08/01/13 EACH OCCURRENCE $10,000,000 X OCCUR n CLAIMS MADE AGGREGATE $10,000,000 $ DEDUCTIBLE $ X RETENTION $0 $ C WORKERS COMPENSATION AND Al CW92801204 08/01/12 08/01/13 X I WC STATU- M- EMPLOYERS'LIABILITY TORY 1 UNITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D OTHER InlandMarine RHF880603402 08/01/12 08/01/13 $1,790,000.00 Rented,Leased Ded.$5,000 Equi Max Limit $250,000 Install Floater Ded.$1,000 I/F Only $50,000 Jobsite Limit DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re:Job#313012,Project#2012-9130,Wilson Park Irrigation Renovation Rebid Project. The City of Cupertino(City)and its directors,officers, engineers,agents and employees,and all public agencies from whom permits will be obtained and their directors,officers,engineers,agents and employees, and the State of California,and its officers, agents and employees are included as an additional insured on the (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION 10 Da s for Non-Pa ment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cupertino DATE THEREOF,THE ISSUING INSURER WILL ittegamjuit MAIL 311 DAYS WRITTEN Attn: Roger Lee NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,iJXiyt 10555 Mary Avenue ]ONIT1FRl1AJMQSAMAKAIXKOIX XXIIX111XXINNIG MI CM1t1tOZOCifRllliRC MOR(XX Cupertino,CA 95014 RICKOAI[iVA>LX AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 of 3 #S276514/M244492 PAT2 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. ACORD 25-S(2001/08) 2 of 3 #S276514/M244492 DESCRIPTIONS (Continued from Page 1) General Liability,Automobile Liability and Excess Liability policies per the attached endorsement(s). General Liability and Automobile Liability policies are primary and non-contributory per the attached endorsement(s).Waivers of Subrogation apply to General Liability,Automobile Liability and Workers Compensation policies per the attached endorsement(s). Per Project aggregate applies to the General Liability policy per the attached endorsement. AMS 25.3(2001/08) 3 of 3 #S276514/M244492 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY AGS0006201 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 PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations The City of Cupertino (City) and its directors, officers, Re:Job#313012, Project#2012-9130, Wilson engineers, agents and employees, and all public Park Irrigation Renovation Rebid Project. agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B.With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work,on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) 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 intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc.,2004 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY AGS0006201 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 PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): O.erations The City of Cupertino (City) and its directors, Re:Job#313012, Project#2012-9130,Wilson officers, engineers, agents and employees, and Park Irrigation Renovation Rebid Project. all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule, but only wi ih respect to liability for"bodily injury"or "property damage"caused, in whole or in part, by'your work"at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products-completed operations hazard". • CG 20 37 07 04 © ISO Properties,Inc.,2004 THE ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Policy No. AGS0006201 PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONALS — ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Person or Organization The City of Cupertino (City) and its directors, Re:Job#313012, Project#2012-9130, Wilson officers, engineers, agents and employees, and Park Irrigation Renovation Rebid Project. all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees The following paragraph is added to SECTION II—WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a)the performance of your ongoing operations for the additional insureds;b)"your work"performed for the additional insureds and included in the"products- completed operations hazard: The insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However,this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance.We will not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance,whether primary,excess,contingent or any other basis,if it is not primary as defined in the paragraph above. All other terms and conditions of the policy are the same. n e(a 1 a66itt Authorized Representative 90533 (3/06) This endorsement effective on 8/01/12 at 12:01 A.M., standard time,forms a part of Policy No.:AGS0006201 Issued To: Marina Landscape, Inc. COMMERCIAL GENERAL LIABILITY COVERAGE PART THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US It is hereby agreed that Section IV, item 8.Transfer of Rights of Recovery against Others to Us, is modified as follows: SCHEDULE Name of Person or Organization: The City of Cupertino (City) and its directors, Re:Job#313012, Project#2012-9130, Wilson Park officers, engineers, agents and employees, and all Irrigation Renovation Rebid Project. public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees (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 AGAINST 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 against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule above. CGL 1025 0103 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY AGS0006201 CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The City of Cupertino (City) and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees Re:Job#313012, Project#2012-9130, Wilson Park Irrigation Renovation Rebid Project. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"under COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of"bodily injury"or "property damage"included in the"products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"under COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ),which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C.When coverage for liability arising out of the "products-completed operations hazard"is provided,any payments for damages because of"bodily injury"or"property damage"included in the "products-completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned,delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints,designs, specifications or timetables,the project will still be deemed to be the same construction project. E.The provisions of Limits Of Insurance (SECTION III ) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 03 97 © Insurance Services Office, Inc., 1996 Policy : A1CA92801204 Commercial Auto Insured's Name: Marina Landscape, Inc. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE REEAD IT CAREFULLY ADDITIONAL INSURED—DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Person or Organization The City of Cupertino (City) and its directors, Re: Job#313012, Project#2012-9130, officers, engineers, agents and employees, and all Wilson Park Irrigation Renovation Rebid public agencies from whom permits will be obtained Project. and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees WHO IS AN INSURED (section 11) is amended to include as an insured person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance, or use of a covered "auto". PRIMARY CLAUSE ENDORSEMENT: It ids further agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured shown shall be primary insurance, but only as respects to any claim, loss or liability arising out of the operations of the Named Insured and any other insurance maintained by said Additional Insured shall be non-contributing. POLICY NUMBER:A-1CA-92 8 012-04 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: MARINA LANDSCAPE, INC. Endorsement Effective Date: 0 8-01 -12 SCHEDULE Name(s)Of Person(s) Or Organization(s): PER SCHEDULE ON FILE WITH THE COMPANY. Information re•uired to com•lete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization. CA 04 44 0310 ©Insurance Services Office, Inc., 2009 Page 1 of 1 ❑ POLICY NUMBER: XLS0083703 EXCESS LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: EXCESS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations The City of Cupertino (City) and its directors, Re:Job#313012, Project#2012-9130, officers, engineers, agents and employees, and all Wilson Park Irrigation Renovation Rebid public agencies from whom permits will be Project. obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees Information required to complete this Schedule, if not shown above,will be shown in the Declarations. WHO IS AN INSURED(Section II) is amended to include as an insured the person(s)or organization(s) shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. Policy: A1CW92801204 Insured's Name: Marina Landscape, Inc. OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF RIGHT OF RECOVERY FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE REEAD IT CAREFULLY THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule The City of Cupertino (City) and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees Re:Job#313012, Project#2012-9130, Wilson Park Irrigation Renovation Rebid Project. The premium charge for this endorsement is $0.00. WC 990315 (09/06) Project No.2012-9130 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO,a Municipal Corporation of the State of California("City"),for construction of WILSON PARK IRRIGATION RENOVATION REBID PROJECT CUPERTINO,CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents,its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within 3ne year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions,or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims,costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment,materials,or Work required to be provided under the Contract Documents have been inspected,accepted,and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents,including,without means of limitation,Section 00700(General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of,any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or incon • ncy between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Doc 7 is or at law, such inconsistency or conflict shall Ile resolved in favor of the higher level of obligation of the C.4� ctor. Contractor's Name an no,t-an (tAft . V LbU 3 I.tAW; St Address lR 11•Vi i f1 LP• "1 i,�U� � ( 3 City/State/Zip Date City of Cupertino 00630-1 Guaranty Wilson Park Irrigation Renovation Rebid Project