The URL can be used to link to this page

13-076 Robert A. Bothman, Project Number 2010-9134, Stevens Creek Corridor Park & Restoration Phase 2 OFFICE OF THE DIRECTOR OF PUBLIC WORKS CITY HALL 10300 TORRE AVENUE:.. CUPERTINO,CA 95014-3255 C U P E RT I N O TELEPHONE: (408)777-3354 • FAX: (408)777-3333 October 31, 2013 Ms. Nancy Holder Bank of Sacramento 1750 Howe Avenue, Suite 100 Sacramento, CA 95825 Subject: Stevens Creek Corridor Park&Restoration Phase 2 —Escrow Agreement Request for Substitution of Securities for Robert A. Bothman Dear Ms. Howe, Enclosed are two original executed copies of the Escrow Agreement regarding substitution of securities for monies to be withheld from payments to Robert A. Bothman Inc. for execution of the above-referenced project for City of Cupertino. Per your letter dated October 4, you will transmit one original copy of this agreement to Robert A. Bothman Inc. Please feel free to contact me if anything further is needed. Sincerely, ` 1 Gail Seeds Park Restoration and Improvement Manager Enclosures cc: Mr. Ferdinand Gagni, Mr. Keith Ulinger--Robert A. Bothman Mr. G. Rock/Ms. T. Nguyen, Gilbane Building Co City Clerk (w/original), D. Woo/J. Chang (w/e), File 92.069.02/9134.05 (w/e) ID I 1 �'113 RECEIVED OCT 18 2013 October 4, 2013 PUBLIC WORKS DEPARTMENT RECEIVED City of Cupertino Department of Public Works OCT 0 9 2013 Gail Seeds 10300 Torre Avenue PUBLIC WORKS DEPARTMENT Cupertino, CA 95014 Re: Request for Substitution of Securities for Robert A. Bothman, Inc. Project Name/Project No.: Stevens Creek Corridor Park&Restoration/Phase 2 Dear Ms. Seeds, Pursuant to the California Public Contract Code Sections 10263 and 22300,Robert A.Bothman,Inc.herein respectfully requests the substitution of securities for any monies withheld by City of Cupertino to ensure performance under the subject contract. Please have an authorized signer for City of Cupertino sign where indicated on the enclosed forms,keep two sets for your use and forward two remaining sets back to Bank of Sacramento(we will nail one original set to the contractor). Please mail retention payments to Bank of Sacramento and forward any existing and future retention money to the following address, include the contractor name and the escrow number on all correspondence/checks: Robert A. Bothman, Inc./Escrow Number: 8944-021 c/o Bank of Sacramento P. O.Box 659030 Sacramento, CA 95865-9030 Upon receipt of each payment,we provide a receipt for you that will show funds received for deposit and the running balance of the principal monies held in this escrow account. Monies will not be released until City of Cupertino sends a release letter to the Bank. If you have any questions,please contact me at(916)648-3481 or Vatsana Schultz, AVP, Contractor Escrow Relationship Manager at(916) 648-2785. Respectfully, I � Nancy L. -older ContracJEscrow Administrator /enclosures L",•i(1110\\'t=: :\VI "'!U1-, i irr �:\( R.A\11.:N"1 l?. C::\ 9182 2852 I'R,OtiI?I::(_:I L'r\IZ.I I:)IZ.I\'h. si iri: .�c•. RANCHO CO12,1)OVA (),5(.),0 LPL L. ti"I"I:.I:h'1. :_in; •,,,. ti•\C I .:\`11-\"1�2. C::\ L-1 1.4- S-1:ONL: POINT 1DRI\ I-.si'rrr ItC2til.:\'I L.L.I::. CA )>601 "')I( i 6-I'S ?1.00 r> )L(;: L � Project No.2010-9134 Bank Escrow#8944-021 DOCUMENT 00680 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION P.C.C. §27.300 THIS ESCROW AGREEMENT ("Escrow Agreement') is made and entered into this_4`h day of_October_, 2013, by and between the CITY OF CUPERTINO, a Municipal Corporation of the State of California(hereinafter"City"), whose address is 10300 Torre Avenue,Cupertino,California 95014;_Robert A. Bothman, Inc._("Contractor"),whose place of business is located at _650 Quinn Avenue, San Jose, CA 95112_; and _Bank of Sacramento_, a state or federally chartered bank in the State of California, whose place of business is located at _1750 Howe Avenue, Suite 100, Sacramento,CA 95825_ ("Escrow Agent'). For the consideration hereinafter set forth,City, Contractor and Escrow Agent agree as follows: its 1. Pursuant to Section 22300 of Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by City pursuant to Project Number 2010-9135 entered into between City and Contractor for STEVENS CREEK CORRIDOR PARK & RESTORATION PHASE; 2 in the amount of_Three Million Sixty-Three Thousand Nine Hundred and 00/100 Dollars ($3,063,900.00)__ dated _June 6, 2013_ (the "Contract'). Alternatively, on written request of Contractor, City shall make payments of the retention earnings directly to Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, Escrow Agent shall notify City within ten Days of the deposit. The market value of the securities at the time of substitution shall be at least equal to the cash amount then required to be withheld as retention under terms of Contract between City and Contractor. Securities shall be held in name of_City of Cupertino_, and shall designate Contractor as the beneficial owner. 2. City shall make progress payments to Contractor for those funds which otherwise would be withheld from progress payments pursuant to Contract provisions, provided that Escrow Agent holds securities in form and amount specified in paragraph 1 of this Document 00680. 3. When City makes payment(s) of retention earned directly to Escrow Agent, Escrow Agent shall hold said payment(s) for the benefit of Contractor until the time that the escrow created under this Escrow Agreement is terminated. Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when City pays Escrow Agent directly. 4. Contractor shall be responsible for paying all fees l:or the expenses incurred by Escrow Agent in administering the Escrow Account, and all expenses of City. Such expenses and payment terms shall be determined by City, Contractor,and Escrow Agent. 5. Interest earned on securities or money market accounts held in escrow and all interest earned on that interest shall be for sole account of Contractor and shall b,,- subject to withdrawal by Contractor at any time and from time to time without notice to City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to Escrow Agent that City consents to withdrawal of amount sought to be withdrawn by Contractor. 7. City shall have the right to draw upon the securities in event of default by Contractor. Upon seven Days written notice to Escrow Agent from City of the default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by City. 8. Upon receipt of written notification from City certifying that the Contract is final and complete, and that Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. City of Cupertino 00680- 1 Escrow Agr. for Security Deposits in Lieu of Retention Stevens Creek Corridor Park& Restoration Phase 2 b: 4 r ' Project No.2010-91_4 9. Escrow Agent shall rely on written notifications from City and Contractor pursuant to paragraphs 5 through 8, inclusive; of this Document 00680 and City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of securities and.interest as set forth. 10. Names of persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor in connection with the foregoing,and exemplars of their respective are as follows: On behalf of City: On behalf of Contractor: President T—it-le— t �— _ Title Id _uPd_ _ _Rob_er A. Bot to Naive Na Signa e ign t 0.300 —Fbryz 650 Quinn Avenue Address r Address San Jose,CA 95.112 City/State—/Zip`— '— City/State/Zip " On behalf of Escrow Agent: Senior Vice President Title SLaurel Signature 1750 Howe Aven,te Suite 100 Address Sacramento,CA 95825 _ City/State/Zip At the time the Escro%v Account is opened,City a.nd Contractor shall deliver to Escrow Agent a fully executed counterpart of this Document 00680. City of Cupertino 00680 -2 Escrow Agr. .for Security Deposits in Lieu of Retention Stevens Creek Corridor Park&Restoration Phase 2 d Project No. 2010-9131 IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers on the date first set forth above. Cite Contractor City of Cupertino Robert A.Bothman,Inc. President — Title 1 ' klitle e1 tin Name Signature g Escrow Agent Bank of Sacramento Senior Vice President Title Shelley Laurel Nam - - Si nature -- - �--� RE TEWTD AS TO FORM: Cit} tt rney lid ( Date END OF DOCUAMENT City of Cupertino 00680 - 3 Escrow Agr. for Security Deposits in Lieu of Retention Stevens Creek Corridor Park&Restoration Phase 2 Project No.2010-9134 DOCUMENT 00520 CONTRACT e-#den) THIS CONTRACT,dated this(o `day of t. ,2013,by and between Robert A. Bothman,Inc.,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 = -4 - by the laws of the State of California. V Y'r�� WHEREAS,City,on the 21st day of May,2013 awarded to Contractor the following Proje . PROJECT NUMBER 2010-9134 STEVENS CREEK CORRIDOR PARK & RESTORATION PHASE 2 NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article Il. 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 Gail Seeds, Park Restoration and Improvement Manager, 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 City has designated SSA Landscape Architects to act as Landscape Consultant. City may change the identity of the Landscape Consultant at any time with notice and without liability to Contractor. 2.3 City has designated Gilbane Building Company to act as Construction Managers. City may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.4 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 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)by November 30,2013. City of Cupertino 00520- 1 Contract Stevens Creek Corridor Park&Restoration Phase 2 Project No.2010-9134 Intermediate Milestones for Construction are as follows: All work must be complete by the listed date. o All Creek work from Top of Bank to Top of Bank: October 15,2013 o Bridge Installation: October 15,2013 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 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 $5,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve any Milestone date as specified above. 3.2.2 $2,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.3 $3,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND HOURS. 3.2.4 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 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 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. The total Contract Sum shall include the Base Bid Price and Bid Alternate No. 1 -Backwater Area. Article 5. Contractor's Representations In order to induce City to enter into this Contract,Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and City of Cupertino 00520-2 Contract Stevens Creek Corridor Park&Restoration Phase 2 Project No.2010-9134 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 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 00481 Non-Collusion Affidavit: Document 00482 Bidder Certifications 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 City of Cupertino 00520-3 Contract Stevens Creek Corridor Park&Restoration Phase 2 Project No.2010-9134 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 00820 Special Environmental Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specifications/Special Provisions Addenda 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. Miiscellaneous 7.1 Terms used in this Contract are deemed 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 City of Cupertino 00520-4 Contract Stevens Creek Corridor Park&Restoration Phase 2 Project No.2010-9134 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 00520-5 Contract Stevens Creek Corridor Park&Restoration Phase 2 Project No.2010-9134 po ° -blue' 0 IN WITNESS WHEREOF the parties have executed this Contract in duplicate the day and year first above wt.' n.V _ STEVENS CREEK CORRIDOR PARK&RESTORATION PHASE 2 CITY: CONTRACTO CITY OF CUPERTINO,a Municipal Corporation of the Robert A.Bo,� ,n,Inc. / State of California � By: , / Signature] Attest: Brian Bothman 6CJ---�' t..y�,....i [Please print name here] City Clerk:Grace Schmidt Approved as to form by City Attorney: Title: Vice President 1L [If Corporation: Chairman,President,or Vice President] Ci Attorney:Carol Korade BY [Signa re] V' Saeed Yousuf I hereby certify,under penalty of perjury,that David Brandt, [Please print name here] City Manager of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino. Title: Chief Operating Officer [If Corporation: Secretary,Assistant Secretary, I Chief Financial Officer,or Assistant Treasurer] Dated- ' `� 440332 A. C-8. B. C27 State Contractor's License No. Classification '- / ---------- May 31, 2015 David Brandt,City Manager of the City of Cupertino,a Expiration Date Municipal Corporation of the State of California Designated Representative: Taxpayer ID No. 94-2549328 Name:Timm Borden Name: Title:Director of Public Works Title: /� J Address: 10300 Torre Ave., Cupertino, CA 95014 Address: (pc C` Qvi nr► Ave-1 o Dcc (A-- q.) Z�CI , 21-11 ci Si 1-- Phone:408-777-3354 Phone: yy�� Facsimile:408-777-3333 Facsimile: 1-4)0' �i 1 ' 2.2-b1 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A AMOUNT: $3,063,900 Cy/ill u CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE ACCOUNT NUMBER:427-9134-9300 REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY FILE NO.:92,069.02 NO.IS REQUIRED END OF'DOCUMENT City of Cupertino 00520-6 Contract Stevens Creek Corridor Park&Restoration Phase 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California . • ss. I County of Santa Clara I 1 On May 31, 2013 before me, Wen-Tin Hsu I (NOTARY) I 1 personally appeared Brian Bothman and Saeed Yousuf . Name(s)of Signer(s) ' I who proved to me on the basis of satisfactory 1 evidenceto be the person(s)whose name(s) is/are I 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 I entity upon behalf of which the person(s)acted, 1 executed the instrument. I I WEN-TIN HSU I certify under the PENALTY OF PERJURY under the laws .3 -• Commission # 1853645 z of the State of California that the foregoing is 1• 1 '+ ., ' Notary Public California z g 9 ■ z . `-- y D true and correct. . ▪ z �• � Santa Clara County 1 j-- My Comm. Expires Jul 9, 2013 1 - — —— - ------- - - --- WITNESS m and and • icial seal. 1 _(,..4 411111■ter . 1 Place Notary Seal Above Signature of •ota Public I I OPTIONAL INFORMATION '▪Though the information below is not required by law, it may prove valuable to persons relying on the document i .and could prevent fraudulent removal and reattachment of this form to another document. . ' I ! CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT . I I in❑ INDIVIDUAL i• I ▪ 0 CORPORATE OFFICER I TITLE OR TYPE OF DOCUMENT I I TITLES(S) I NUMBER OF PAGES ' I.111 PARTNER(S) I 1❑ ATTORNEY-IN-FACT I .❑ TRUSTEE(S) DATE OF DOCUMENT ; 'El GUARDIAN/CONSERVATOR 1 •❑ OTHER: ' I OTHER I Im SIGNER IS REPRESENTING: RIGHT THUMBPRINT I NAME OF PERSON OR ENTITY(IES) OF 1 E SIGNER I ROBERT A. BOTHMAN, INC. I a . . I I • I ROBERT A. BOTHMAN, INC.EXHIBIT A General Engineering and Building Contractors CA License 440332 NV License 0027271 AZ License 150057 HI License 26294 5/13/13 Gail Seeds City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Re: Stevens Creek Corridor Park& Restoration Phase 2 Dear Ms. Seeds, We would like to confirm that Robert A Bothman Inc made a clerical error on item 42 of the bid form,the extension should be $5.175.00 and not$51, 075. This is also confirmation that the correct total should be$3,038,900. If you have any questions please feel free to contact:our office. Sincerely, ROBERT A. BOTHMAN, INC. James . Moore Vice President I1 Il 1 1 650 Quinn Avenue•San Jose,California 95112-2604 408.279.2277 Facsimile 408 •279•2286 www.bothman.com EXHIBIT A ADDENDUM NO. 1 Project No.2010-9134 DOCUMENT 00400 BID FORM To be submitted as part of Envelope"A"by the time and date specified in Document 00200(Instructions to Bidders). TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THIS BID IS SUBMITTED BY: Robert A. Bothman, Inc. (Firm/Company Name) Re: PROJECT NUMBER 2010-9134 STEVENS CREEK CORRIDOR PARK&RESTORATION—PHASE 2 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 furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non-responsive. 2. Bidder accepts all of the terms and conditions of the Contract Documents,Document 00100(Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening. 3. Bidder has visited the Site and performed all tasks,research,investigation,reviews,examinations,and analysis and given notices,regarding the Project and the Site,as set forth in Document 00520(Contract),Article 5. 4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City i.s 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). 6. 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 to Bidders)within the times specified therein.These documents include,but are not limited to,Document 00520(Contract),Document 00610(Construction Performance Bond),and Document 00620(Construction Labor and Material Payment Bond). 8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below on the signature page. City of Cupertino Addendum No.1 SCC Phase 2 00400-1 Bid Form EXHIBIT A ADDENDUM NO. 1 Project No.2010-9134 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 furnished by a surety authorized to do a surety business in the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent(10%)of the total of Bid 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 specified in Document 00520 (Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independent work at the Site,the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents. 12. The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00520 (Contract)shall be as set forth in Document 00520(Contract). City of Cupertino Addendum No.1 SCC Phase 2 00400-2 Bid Form EXHIBIT A ADDENDUM NO. 1 Project No.2010-9134 REVISED SCHEDULE OF BID PRICES All Bid items,including lump sums and unit prices,must be filled in completely. Allowances and Alternative Bid items are described in Document 00800(Special Conditions). Quote in figures only,unless words are specifically requested. Please Note that time extensions will NOT be permitted with the acceptance of any or all of the Alternative Bid Items listed below. Specialty Items are identified on the Bid Form in the description. SPEC DESCRIPTION UNIT EST UNIT TOTAL ITEM REF QTY PRICE 1 00800 MOBILIZATION LS 1 21)}1 Sa- 9-)11 SSal, 2 013600 FIELD ENGINEERING&SURVEY WORK LS 1 gat 000, 9a/C00. 3 013600 CREEK CHANNEL SURVEYING LS 1 /0/C2E20• /0/090 4 014000 PUBLIC TRAFFIC LS 1 (P/4200. ip,.600, 5 015600 SITE SECURITY&TEMP.FENCING LS 1 ?>I'$Q0, 2 00. 6 015639 TREE PROTECTION LS 1 .31, 000. 2"�fr 000. 7 TEMPORARY GOLF PRACTICE 015640 STRUCTURE - LS 1 '5,000, J.S1000. 6 015738 TEMPORARY CREEK DIVERSION LS 1 3 p0/ate. 300,000. 9 015750 TEMPORARY WATER POLLUTION LS 1 0-1q/ OW, tat-6 000. CONTROL 10 015800 TEMPORARY EROSION CONTROL LS 1 1r D001 -7,000• 11 312516 FIBER ROLL LF 1480 3. / y VQ, 12 024100 REMOVE&SALVAGE RIPRAP CY 135 2 p. Vi OS0. 13 024100 DEMOLISH&DISPOSE-Concrete in creek CY 180 yi, -F)690, 14 311000 REMOVE TREE&CHIP EA 60 /5-2-, 9 /010, 15 024119 SELECTIVE DEMOLITION LS 1 99 00o. �9 ay. 16 311000 SITE CLEARING LS 1 7'70€x. 1'310- 17 311001 INVASIVE PLANT REMOVAL LS 1 S-I,C,00r S 1 000. 18 311313 SELECTIVE TREE REMOVAL FOR REUSE EA 10 4 c9e E7, /430o. 19 033100 STRUCTURAL CAST-IN-PLACE CY 15 '�-I 00 • 37,coo, CONCRETE-Bridge 20 042200 STONE VENEER LS 1 /9,700„ , 7490 21 061000 VEHICULAR ACCESS GATES LS 1 61 aid. 030. 22 061000 GRAPE STAKE FENCE LF 430 d-(7, 1 1,1"80, 23 061000 TALL SIGN POST EA 13 c00. (el 6-00, 24 061000 SHORT SIGN POST EA 6 3r�.0. 1 r 'pa 25 061000 INFORMATION KIOSK EA 1 )a, 100. /al w,;t9" 26 129300 METAL BOLLARD EA 3 72-0. g{/(D0. 27 101453 STREET SIGN EA 10 310. 1i $0th, 28 101453 PARKING LOT SIGN EA 5 314, 1''$7S, 29 129300 WOOD BOLLARD EA 1 It wo, /i30o, 30 129300 BENCH EA 4 +1 13..�j� C 300. 31 129300 INSTALL BENCH FURNISHED BY CITY EA 2 1 O7.S. at 150 32 129300 WHEEL STOP EA 5 / 0, 41>Wf 33 129300 INSTALL TRASH RECEPTACLE EA 6 aOOi Ii of c0, City of Cupertino Addendum No.1 SCC Phase 2 00400-3 Bid Form EXHIBIT A ADDENDUM.NO. 1 Project No.2010-9134 ITEM RED DESCRIPTION UNIT iEiTY PRICE TOTAL 34 260503 ELECTRICAL WORK LS 1 (p0/WO. C.0/000. 35 310000 CREEK EARTHWORK CY 5,425 ID, 6-Y, aS®. 36 310000 CHANNEL BED FILL CY 680 /4,/(0o0, 37 310000 TOP DRESSING FILL CY 550 7, 340%-0 38 310001 VEGETATED CRIB WALL LS 1 y%/%'/O. qy/ f/p, 39 312000 EARTH MOVING LS 1 g I1 000. 3 I7,0c 40 313501 HABITAT&BANK PROTECTION LOGS EA 39 y-80, s) a-9-0, 41 313501 [HABITAT OULDERS BANK PROTECTION ANCHOR EA 117 0. 9-3/'/00. 42 313502 CHANNEL BED FILL for Burled Boulder CY 115 4i/5-, 6'7/071 Bank Protection 43 313502 BURIED BOULDER BANK PROTECTION LS 1 ‘6 (p1$/ . 44 313503 WRAPPED FILL LIFTS LS 1 35�-Of7O. g,5-- , lc0• 45 354933 BOULDER STEP POOL EA 6 �j t oo, 3 igoo, 46 312319 DEWATERING LS 1 ‘1f.$- (gyp g.-cO, 47 316329 DRILLED CONCRETE PIERS LF 80 f 7 L j7-, IDQO, 48 321123 AGGREGATE BASE PAVING-Golf SF 910 `raj, Practice Structure 9-' 49 321216 ASPHALT PAVING SF 7,110 7, L/' 77a 50 321216 ASPHALT OVERLAY SF 1,550 3, l bc U, 51 321216 PARKING LOT SEAL SF 28,000 v g I ?1313V. 52 321216 ASPHALT DIKE LF 55 s a7 f 7Or 53 321313 CONCRETE CURB AND GUTTER-Street LF 285 3q, 9 IN. 54 321313 CONCRETE CURB AND GUTTER- LF 140 3 y, L1,7 .47, Parking Lot 55 321313 CONCRETE PAVING-Driveway SF 490 `I?r 319W-0, 56 321313 CONCRETE PAVING-Walkway&Ramp SF 2,500 (p o lc D00, 57 321313 CONCRETE PAD-Golf Practice Structure SF 200 67, f i rt0 0, 58 321313 COON RE TE MEDIAN ISLANDS WITH LS 1 §�?-OD . ci app, 59 321314 PERVIOUS CONCRETE TYPE 1 SF 10,180 (q, /MsaQ, 60 321313 PERVIOUS CONCRETE TYPE 2 SF 1,690 I( 30, 61 321314 PERVIOUS CONCRETE TYPE 3 SF 3,810 I y, CS 5V0 62 321316 CONCRETE STAINING LS 1 d-1 000- ,�i foci). 63 321400 STONE PAVING-Concrete bed SF 320 t•g.00 e.94'O. 64 321400 STONE PAVING-Sand bed SF 1,070 /y, /9 9f3 0, 65 329000 INFORMAL TRAIL LS 1 /17 00. j,it: , 66 321723 PARKING LOT STRIPING LS 1 y/ 16V. t(+ )c(7, 67 STRIPING AND PAVEMENT MARKINGS LS 1 1.31 &,oO. y I *,00. 321723 Roadway J 68 323113 12'CHAIN LINK FENCE with Curved Top LF 390 g-3.3, ,D g70, 69 323113 12'CHAIN LINK GATES LS 1 ?ler a/ '708„ 70 323113 14'CHAIN LINK GATES LS 1 A 79/ ,_ 79/ 71 323113 42"CHAIN LINK FENCE LF 30 r o h ea- 72 323129 GOLF TEE PROTECTION FENCE LF 305 1.7 D, 6 137 , 73 334100 12"STORM DRAIN LF 90 vs, I?s--s-0, 74 334100 8"STORM DRAIN - LF 120 f r' /Ua-pD. City of Cupertino Addendum No.1 SCC Phase 2 00400-4 Bid Form EXHIBIT A ADDENDUM NO. 1 Project No.2010-9134 UNIT ITEM SR DESCRIPTION UNIT QTY PRICE TOTAL 75 334100 OUTFALL WITH ROCK SLOPE LS 1 3/(00- 3 ACO, PROTECTION 78 334100 4"BIOSWALE PERF. PIPE LF 70 30. a, 100. 77 334419 BIORETENTION SOIL CY 90 `$S; '7i1o60, 78 334730 BIOSWALE CLEANOUT EA 3 /42c. WS. 79 334730 BIOSWALE CATCH BASIN EA 3 COO. /, COO. 80 334730 BIOSWALE DRAIN ROCK CY 60 175. /0,6-00. 81 330513 DRAINAGE INLET EA 1 - c( , 82 330513 NEW MANHOLE EA 1 �/ 110, 7( /00. 83 330513 MODIFY EXISTING MANHOLE EA 2 -RS7 /+ '700, 84 331000 SANITARY SEWER PIPING LF 695 915-- 6(p kc 0 85 333232 TEMPORARY BYPASS PUMPING LS 1 ,g'1)0O -i/©v0. 86 PROVIDE FABRICATED BRIDGE- ' �4 ,0© �� 323400 LS 1 Specialty Item 87 323400 INSTALL BRIDGE LS 1 9-0//00. /00 88 328000 IRRIGATION WORK LS 1 ' S-pc. 89 327200 PLANT 15 GALLON NATIVE TREE - EA 45 /5"o, ((TS-1'a 90 327200 INSTALL NATIVE PLANT WITH EA 1,030 Iv o. /0.3 jam PROTECTION-Detail B/L-7.0 91 327200 INSTALL NATIVE PLANT WITH CLUSTER 260 90a �app, EA PROTECTION-Detail A/L-7.1 92 327200 INSTALL NATIVE PLANT-Detail C/L-7.1 EA 740 PO, 91( y00. 93 327200 INSTALL NATIVE PLANT WITH STAKE- 360 $� V3�t�o 0 Detail D/L-7.1 94 327200 INSTALL ACORN TRIOS-Detail A/L-7.0 EA 15 1/0, co, r,JP 95 327200 INSTALL VINE AT FENCE-Detail D/L-7.0 EA 10 c-0., 5 CO, 96 329000 PLANT BOX TREE EA 7 (05P-0, /c6-0. 97 329000 PLANT 15 GALLON TREE EA 13 .300.�� /�90• 98 329000 TRANSPLANT TREE EA 10 b o „ ` ca 99 327210 INSTALL WILLOW POLE EA 220 2s, /g 70), 100 329000 INSTALL HYDROSEED SF 39,850 ,,v10 '7,k 70. 101 329000 INSTALL CREEK BANK HYDROSEED SF 17,975 ,2-0 3 , ,5, 102 329000 INSTALL BIOSWALE HYDROSEED SF 2,075 ,0Z0 y/; 103 329000 INSTALL GOLF TURF SEEDING SF 21,160 /S 3 r?‘/, 104 329000 INSTALL BOULDERS LS 1 `7,-'V0. '-4,1 00. 105 329000 INSTALL MULCH LS 1 at‘00. ',�-1SIXJ, 106 329000 INSTALL BOX TREE EA 11 '.S{), I /5-1,• 107 328010 HAND WATERING LS 1 -76-00 - �1/SOo 108 320190 PLANT MAINTENANCE LS 1 /.61/o00.. /,s;FXX). ALLOWANCES 109 00800 ADDITIONAL WATER QUALITY AL 1 $8,000.00 $8,000.00 POLLUTION PREVENTION MEASURES TOTAL BID PRICE 43, 0391 0391 opd , Total Bid Price: 7-1) re-,e- /1/f,1//0✓r TA r'-�- 1v i'^ -e- �houS Clod (Words) City of Cupertino Addendum No.1 SCC Phase 2 00400-5 Bid Form EXHIBIT A ADDENDUM NO. 1 Project No.2010-9134 SCHEDULE OF ALTERNATES ADD/ALTERNATES ITEM SPEC DESCRIPTION UNIT EST UNIT TOTAL REF _ OTY. PRICE BID ALTERNATE 1:BACKWATER AREA 1 00800 BACKWATER AREA LS 1 96-0V. aSfO. BID ALTERNATE 2:WILDLIFE VIEWING STRUCTURE 2 00800 WILDLIFE VIEWING STRUCTURE LS 1 J git,a)• /g VCO BID ALTERNATE 3:CUSTOM PROTECTION FENCE 3 00800 CUSTOM PROTECTION FENCE LS 1c _ j , TOTAL ALTERNATES Of/ ODD. Total Add/Alternate 1: 7 U Q1- F,;/-12- / Ao“SG /lGY i (Words) Total Add/Alternate 2: (fj-N-k>.Q ''1 ��O�S aV)C �/ UU (Words) Total Add/Alternate 3: /A ikt.1&ed �h'�(� /i V 2 71-10(-4.50r70/(Words) 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 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date 1 4/16/13 2 4/18/13 3 5/2/13 City of Cupertino Addendum No.1 SCC Phase 2 00400-6 Bid Form EXHIBIT A ADDENDUM NO. 1 Project No.2010-9134 Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form. NAME OF BIDDER: Robert A. Bothman, Inc. licensed in accordance with an act for the registration of Contractors,and with license number: 4 4 0 3 3 2 Expiration Date: 05/31/13 California Please See Attached List Where incorporated,if applicable Principals I certify(or declare)under penalty of perjury under the laws of the Sta- o 'aliforn.- t • 's •_oing is true and correct. orIt ".,,,, _ ... —a„ ature of My NOTE: If Bidder is a corporation,set forth the legal name of the corporation,state where incorporated,together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation.If Bidder is a partnership,set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. 650 Quinn Ave Business Address: San Jose, CA 95112 Officers authorized to sign contracts: Please See Attached List Typed Full Name: Telephone Number(s): (408)279-2277 FaxNumber(s): (408) 279-2286 E-Mail Address: j moo re @bothman.corn END OF DOCUMENT City of Cupertino Addendum No.1 SCC Phase 2 00400-7 Bid Form EXHIBIT A ROBERT A. BOTHMAN, INC. General Engineering and Building Contractors CA License 440332 • NV License 0027271 AZ License 150057 HI License 26294 Robert A. Bothman, Inc. "S" Corporation Incorporated in California Date of Incorporation: December 6, 1978 Officers & Positions: Robert A. Bothman — President Saeed Yousuf— Chief Operating OfficerNice President James C. Moore —Vice President Brian L. Bothman —Vice President Richard W. Bothman — Secretary Andrew B. Bothman —Treasurer Corporate Address / Location of Officers: 650 Quinn Avenue San Jose, CA 95112 650 Quinn Avenue•San Jose,California 95112-2604 408.279.2277 Facsimile 408.279.2281 www.bothman.com EXHIBIT A Project No.2010-9134 DOCUMENT 00430 REQUIRED SUBCONTRACTORS LIST Bidder must provide the following Listed Subcontractor information in conformance with the California Public Contract Code where the value of the Subcontractor's work is or exceeds 1/2 of one percent(.05%)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&Phone No. License No. Trade $ Value $ I Aiew, $VeNa6>eS 114 1.(16)a X ©v 37�0Og /s pl fr ?ya,s`/f Ccrssim �y 9 J4/i0 ©r, 1 yg0- 5 o' /7y C 2.7, 7 1-r- eilevr 173p Cr. VI/61A7 .57✓'i d7 i`n fr .' raj 33.s• a d, (0 a,y ;c c(/ �L f3, y00. rea‘LQ.- ! °:5r �., i , ;7 F "�'" N' ql, So© vvI c7,- r =, . - .∎i- y • „e Meese"?r - 4 t of.�UD. irodkss; r , "��,VMr 6.109:5 Tie-f od 4 1'7, 90o. Attach additional sheets if necessary VOLUNTARY SUBCONTRACTOR LIST Bidder is requested to voluntarily provide Subcontractor information listed below for subcontract work whose value is less than''/2 of one percent of the Bid on Document 00400. Failure 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&Phone No License No Trade $ Value $ Attach additional sheets if necessary END OF DOCUMENT City of Cupertino 00430- 1 Subcontractors List Stevens Creek Corridor Park&Restoration Phase 2 EXHIBIT A Project No.2010-9134 DOCUMENT 00430 REQUIRED SUBCONTRACTORS LIST Bidder must provide the following Listed Subcontractor information in conformance with the California Public Contract Code where the value of the Subcontractor's work is or exceeds 1/2 of one percent(.05%)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&Phone No. License No. Trade $ Value $ W€4.&("cxsf - G` J . Arita Attach additional sheets if necessary VOLUNTARY SUBCONTRACTOR LIST Bidder is requested to voluntarily provide Subcontractor information listed below for subcontract work whose value is less than%1 of one percent of the Bid on Document 00400. Failure 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&Phone No. License No. Trade $ Value $ • ■ Attach additional sheets if necessary END OF DOCUMENT City of Cupertino 00430- 1 Subcontractors List Stevens Creek Corridor Park&Restoration Phase 2 • EXHIBIT A Project No.2010-9134 DOCUMENT 00481 NON-COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE§7106 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMI'rI'hD WITH BID STATE OF CALIFORNIA ) Santa Clara)ss. • COUNTY OF ) James C. Moore being first duly sworn deposes and says that he or she is Vice President [Office of Afflaiat] of Robert A. Bothman, Inc. [Name of Bidden];the party making the foregoing Bid,that the Bid is not made in the interest of;or on behalf of,any undisclosed person, partnership, company, association, organization, or corporation;that the Bid is genuine and not collusive or sham;that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid,and has not directly or indirectly colluded,conspired,connived or agreed with any bidder or anyone else to put in a sham Bid,or that anyone shall refrain from bidding,and that the Bidder has not in any manner,directly or indirectly,sought by contract, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead,profit or cost element of the Bid price,or of that of any other bidder,or to secure any advantage against the City of Cupertino,or anyone interested in the proposed contract,that all statements contained in the Bid are true;and 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 effectuate a collusive or sham Bid. Executed under penalty of under the laws of the State of California: Robert A :o man, Inc. (Name of Bidder pier r 1 (Si ofPrinci. , _,. me . Moore, Andrew B. Bothman, Treasurer r / Subscribed and sworn before me Angelica V. Ramos ,„,, i /.�.:411/L.c.f4 This 7th day of May ,2013 ;jpc i . CoMMlfiINA•MOM California "�1 ` . ps• g Notary Public of the State of _ Sonia Ow COttAAy In and for the County of SanEa Clara ` Comm.Eta b 2017 My Commission expires 0 3/26/17 (Seal) (If Bidder is a partnership or a joint venture,this affidavit must be signed and sworn to by every member of the partnership or venture.) (If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation,this affidavit must be signed by the Chairman,President,or Vice President and by the Secretary;Assistant Secretary,Chief Financial Officer,or Assistant Treasurer.) (If Bidder's affidavit on this form is made outside the State of California,the official position of the person taking such affidavit shall be certified according to law.) END OF DOCUMENT • City of Cupertino 00481-1 Non-Collusion Affidavit Stevens Creek Corridor Park&Restoration Phase 2 Project No.2010-9134 DOCUMENT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE 1. Insurance Agreement -Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. City of Cupertino 00530- 1 Insurance Forms Stevens Creek Corridor Park&Restoration Phase 2 CITY OF Project No.2010-9134 CUPERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability For worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. The contractor shall also name Gilbane Building Company and the Santa Clara Valley Water District and Cupertino Sanitary District; Mark Thomas & Co. Inc.; the District Engineer; and the Officers, Directors, and Employees of aforertamed, as additional insured on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. City of Cupertino 00530-2 Insurance Forms Stevens Creek Corridor Park&Restoration Phase 2 Project No.2010-9134 LIMITS Worker's Compensation In accordance with the Worker's Compensation &Employers' Liability Act of the State of California—Worker's comp "statutory"per CA Law; Employers' Liability $1,000,000 per occurrence. General Liability- commercial general liability; Combined single limit of$2.0 million per including provisions for contractual liability, occurrence; $4.0 million in the aggregate personal injury, independent contractors and products—completed operations hazard. Automobile Liability-comprehensive covering Combined single limit of$1.0 million per owned, non-owned and hired automobiles. occurrence. .46/1,3. Robert A Bothman, Inc. B (Contractor's Name) g '" 13n :ot'man rice-•resi.e Dated: May 30 20 13 City of Cupertino 00530-3 Insurance Forms Stevens Creek Corridor Park&Restoration Phase 2 CITY OF Project No.2010-9134 CUPERTINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Insured: Robert A. Bothman, Inc. Address: 650 Quinn Ave. San Jose CA 95112 Description of operations/locations/products insured (show contract name and/or number, if any): RAB Job #13-027 Stevens Creek Corridor Park & Restoration Phase 2. The City of Cupertino, a Municipal corporation of the Scale of ualifornia, it's Lity LOuncil, and their employees, representatives, consultants, and agents, and Engineers; Gilbane Building Co. & the Santa Clara Valley Water District and Cupertino Sanitary District; Mark Thomas & Co., Inc. are included as Additional Insured. WORKER'S COMPENSATION * Statutory Min. * Employer's Old Republic General Insurance Co. Liability (name of insurer) $ 1,000,000 $ 1,000,000 $ 1,000,000 Insurance Company's State License No. 24139 -- Check Policy Type: Each Occurrence $ 2,000,000 COMPREHENSIVE GENERAL LIABILITY [ ] Premises/Operations General Aggregate $ 4,000,000 (if applicable) [ ] Owners&Contractors Protective Aggregate $ 4,000,000 [ ] Contractual for Specific Contract Personal Injury 2,000,000 [ ] Products Liability [ ] XCU Hazards [ ] Broad Form P.D. Fire Damage (any one fire) $ 100,000 [ ] Severability of Interest Clause [ ] Personal Injury with Medical Expense $ 5,000 Employee Exclusion Removed (any one person) or Self-Insured COMMERCIAL GENERAL LIABILITY Retention $ 50,000 Old Republic General Insurance Corp. (name of insurer) Policy No. AICGOO991201 Expiration Date 08/01/2013 City of Cupertino 00530-4 Insurance Forms Stevens Creek Corridor Park&Restoration Phase 2 Project No.2010-9134 AUTOMOTIVE/VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident Liability Coverage $ $ Each Accident Old Republic General Ins Corp (name of insurer) $ or Combined Single Limit $ 1,000,000 Policy No. A-1CA-0 0 9 912-01 Expiration Dale 08/01/13 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. N/A (Name of insurer) Policy No. Expiration Date Limits of Liability: Deductible: A copy of all Endorsements to the policy(ies) which in any way (age t' 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 coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreemen a een the ' and the insured. By: / I Dated: May 30 13 y: -/ / Dated. 20 Attach I-, ific i ate o nsurance and Additional Insured Endorsement on company forms. City of Cupertino 00530-5 Insurance Forms Stevens Creek Corridor Park&Restoration Phase 2 CITY OF /� Project No.2010-9134 ADDITIONAL INSURED ENDORSEMENT andl CUPERTINO ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: Stevens Creek Corridor Park and Restoration Phase 2, Project 9134 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, and Gilbane Building Company and the Santa Clara Valley Water District and Cupertino Sanitary District; Mark Thomas & Co. Inc.; the District Engineer; and the Officers, Directors, and Employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Company: Old Republic General Insurance Corp. 2. Insurance Policy Number: A1CG00991201 3. Effective Date of this Endorsement: A°gust 1 20 12 4. Insured: Robert A. Bothman, Inc. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. Jim Untiedt I, _ (print/type name) City of Cupertino 00530-6 Insurance Forms Stevens Creek Corridor Park&Restoration Phase 2 Project No.2010-9134 warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: � e (Original signature required on all Endo .- ' is fu ished • the District) Names of Aon Risk Insurance Service. ^est, Inc. Managing Director, EVP Agent/Agency: Title: 225 W. Santa Clara St., Ste. 1150 (408) 535-2804 Address: _ Telephone: San Jose, CA 95113 (408) 289-9021 Facsimile: • City of Cupertino 00530-7 Insurance Forms Stevens Creek Corridor Park&Restoration Phase 2 CITY OF Project No.2010-9134 COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF CUPERTINO INSURANCE PIER PROJECT Stevens Creek Corridor- Park and Restoration Phase 2, Project 9134 Project Title and Number: In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below-referenced policy of insurance. The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as POLICY INFORMATION Old Republic General Insurance Corp. 1. Insurance Company: A1CG00991201 2. Insurance Policy Number: 3. Effective Date of this Endorsement: August 1 20 12 Robert A. Bothman, Inc. 4. Insured: 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be 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 10300 Tone Avenue; Cupertino, California 95014. I, Jim Untiedt (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. j Signature of Authorized Representative: • (Original signature required on all Endor•- •nts 'shed the District) Names of Agent/Agency: Aon Risk Insurance Servic-- West, Inc. ltle:Managing Director, EVP Address: 225 W. Santa Clara St., Ste. 1150 _ Telephone: (408) 535-2804 San Jose, CA 95113 Facsimile: (408) 289-9021 City of Cupertino 00530-8 Insurance Forms Stevens Creek Corridor Park&Restoration Phase 2 CITY OF Project No.2010-9134 WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE CUPERTINO Stevens Creek Corridor Park and Restoration Phase 2, Project 9134 Project Title and Number: In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above-referenced Contract. POLICY INFORMATION Old Republic General Insurance Corp. 1. Insurance Company: A1CW00991201 2. Insurance Policy Number: 3. Effective Date of this Endorsement: August 1 20 12 Robert A. Bothman, Inc. 4. Insured: All notices herein provided to be 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 10300 Torre Avenue; Cupertino, California 95014. Jim Untiedt (print/type name) warrant that I have authority to bind the below listed Insurance Compa and by my signature hereon do so bind this Company. Signature of Authorized Representative: `A i w (Original signature required on all Endorse - s fu " h;• to the istrict) Names of Aon Risk Insurance Services W: •, Inc. Agent/Agency: Title: Managing Director, EVP 225 W. Santa Clara St., Ste. 1150 (408) 535-2804 Address: Telephone: San Jose, CA 95113 Facsimile: (408) 289-9021 END OF DOCUMENT City of Cupertino 00530-9 Insurance Forms Stevens Creek Corridor Park&Restoration Phase 2 �.+1 0 DATE(MM/DD/YYYY) Al °Rd CERTIFICATE OF LIABILITY INSURANCE 05/24/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED x REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. a IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to d the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the IS certificate holder in lieu of such endorsement(s). in PRODUCER CONTACT 'a NAME: AOn Risk Insurance Services West, Inc. San Jose CA Office (NC. Ext): (866) 283-7122 FAX No.): 800-363-0105 '`D0 225 W. Santa Clara St. E-MAIL o Suite 1150 ADDRESS: 2 San Jose CA 95113 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Old Republic General Ins Corp 24139 — Robert A. Bothman, Inc. INSURER B: Navigators Insurance Co 42307 650 Quinn Avenue — San Jose CA 95112 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570050016888 REVISION NUMBER: THIS IS TO CERTIFY THAT 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 CF 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.LIMITS SHOWN MAY HAVE.BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE INSR VD POLICY NUMBER (MM/DDIYYr� MM/DD/YYYY) LIMITS LIAR W GENERAL LIABILITY A1CG00991201 08/01/1012 08/01/2013 EACH OCCURRENCE 52,000,000 DAMAGE TO RENTED $100,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) CLAIMS-MADE ©OCCUR MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY $2,000,000 2 GENERAL AGGREGATE $4,000,000 m GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S2,000,000 o 0 POLICY )FI PRO- n T LOC b- r A AUTOMOBILE LIABILITY $1,000,000 A-1CA-009912-01 08/01/2012 08/01/2013 COMBINED SINGLE LIMIT u-)(Ea accident) BODILY INJURY(Per person) O X ANY AUTO Z — ALL OWNED —SCHEDULED BODILY INJURY(Per accident) _AUTOS _ AUTOS PROPERTY DAMAGE NON-OWNED t7 X HIRED AUTOS X (Per accident) t.: _AUTOS t 0) B UMBRELLA LIAB X OCCUR LA12EXC7342091V 08/01/2012 08/01/2013 EACH OCCURRENCE $5,000,000 () X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I !RETENTION A WORKERS COMPENSATION AND A1CW00991201 08/01/2012 08/01/2013 WC STATU-I IOTH- EMPLOYERS'LIABILITY YIN X TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERJMEMBER EXCLUDED? I Y I N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 I a DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,H more space Is required) RAB Job No. 13-027. Stevens Creek Corridor Park & Restoration Phase 2. The City of Cupertino, a Municipal Corporation of the State of California, its City Council, and their employees, representatives, consultants (including without limitation Consulting Engineer), and agents, and Engineers; Gilbane Building _ Company and the Santa Clara Valley Water District and Cupertino Sanitary District; Mark Thomas & Co., Inc.; the District Engineer; and the Officers, Directors, and Employees are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability evidenced ti herein are Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the a...a CERTIFICATE HOLDER CANCELLATION i.L SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ._ EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. as City of Cuperti no AUTHORIZED REPRESENTATIVE kri 10300 Torre Avenue Cupertino, CA 95014-3255 USA 0�� .2.44----.---,-- ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000051958 LOC#: A�--°R°� ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Insurance Services West, Inc. Robert A. Bothman, Inc. POLICY NUMBER See Certificate Number: 570050016888 CARRIER NAIC CODE _ See certificate Number: 570050016888 E=FECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations/Locations/Vehicles: policy's provisions. A waiver of Subrogation is granted in favor of The City of Cupertino, a Municipal Corporation of the State of California, its City Council, and their employees, representatives, consultants (including without limitation Consulting Engineer), and agents, and Engineers; Gilbane Building Company and the Santa Clara valley water District and Cupertino Sanitary District; Mark Thomas & Co., Inc.; the District Engineer; and the Officers, Directors, and Employees in accordance with the policy provisions of the General Liability, Automobile Liability and workers' Compensation policies. Excess Liability follows form. Officers and Directors are excluded. Should General Liability, Automobile Liability and workers' Compensation policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to certificate holders in accordance with the policy provisions of each policy. ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER. A cGoo99 120 I 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 fotto,Aring COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s: Location s Of Covered O.erations Any person or organization with Whom you have agreed, through written contract agreement or permit,executed prior to the toss,to provide additional Insured coverage. information resumed oo lets this Schedule,if not shown above,will be shown in the Declarations A. Section 11 — Who Is An Insured is amended to B. With respect to the Insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organtaation(s) shown in the Schedule, but only sions apply: with respect to liability for"bodily injury", "property This insurance does not apply to"bodily injury"or damage or 'personal and advertising injury" "property damage"occurring after: caused,in whole or in part,by t All 'work including materials, parts or equip- 1. Your acts or omissions;or merit furnished in connection with such work, Z The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of the additional insured(s) at the location of the in the performance of your ongoing operations for operations has been completed or the additional insured(s) at the location(s) des covered ig- nated above. 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 for a principal as a part of the same project CG 20 10 07 04 0lSO Properiies, Inc. 2004 Page 1 of 1 a a POLICY NUMBER A I CG00991 20 I COMMERCIAL GENERAL LIABILIrt CO 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) Or Orpanization(S): Location And Descri tion Of Corn t - ed 0.-rations Any person or organization mill whom you have agreed, through written contract agreement or permit executed prior to the toss,to provide additional insured coverage. information required to complete this Schedule, if not shown above,will tie shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional Insured the persorqs) 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 performed for that additional insured and included in the "products-completed operations hazard", CO 20 37 07 04 ISO Propertie ., Inc,2004 Page 1 of I 0 POLICY NUMBER A 1 C000991201 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROWCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organizatton: Any person or organization that requires you to waive your rights of recovery,in a written contract or agreement with th chained insuredthat Is executed prior to the accident cr loss Information required to complete this Schedule if not shown above,will be shown in the Declarations. The following is added to Paragraph 11.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: 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 WOfte done under a contract with that pers.on 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 06 09 Imurance Services Office, Inc.,200P Page 1 oft 0 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING. COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Location(s)of Covered Operations Or Organization(s): As required by written contract. Information required to complete this Schedule,if not shown above,will be shown in the DeCtaratiOnS The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location If so,we will share with that other insurance by the method described in paragraph 4.c.of Section IV—Commercial General Liability Conditions All other terms and conditions remain unchanged. 1-Narned Insured Robert A.ER,thman,Inc. Policy Number AICG00991201 Endorsement No. Policy Period 08/01/12 to Endorsement Effective Date. 0 08/01/13 08/01/12 Producer's Nam Aon Risk Insurance Services West,Inc. Producer Number' CG EN GN 0029 09 06 OLD REPUBLIC GENERAL INSURANCE CORPORATION AMENDMENT OF OTHER INSURANCE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM Section —Business Auto Conditions,a-General Conditions,5.—Other Insurance,a.is replaced by the following: a. For any covered"auto you own,this Coverage Form provides primary Insurance. However,if there is other collectible insurance,the insurance provided by this Coverage Foim with respect to such covered auto,is excess over such other collectible insurance. For any covered"auto"you don't own,the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered"auto'which is a Vallee is connected to ancither vehicle,the Liability Coverage this Coverage Form provides for tne-traitor Is, 1) Excess while it is connected to a motor vehicle you do not own; (2) Primary while it is connected to a covered-auto'you own. However,if there is other collectible insurance with re pact to such"trailer,'the insurance provided by this Coverage Form is excess over such other collectible insurance. Named Insured __ 9912-01 Robert A.acithinan,Inc. Policy Number Endorsement No, A-ICA-00 Policy Period 08/01/12 to Endorsement Effective Date: 1 08/01112 1 08/01/13 oducei's Name: rAon Risk Insurance Services West,Inc. Producer Number: AUTHORIZED REPRESENTATIVE DATE CA EN ON 0019 09 06 OLD REPUBLIC GENERAL INSURANCE COMPANY ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following is added to Section II—Liability Coverage, A.—Coverage. I. Who Is An Insured: d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which required you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lessor of I. The coverage or limits of this policy,or 2. The coverage or limits required by said contract or agreement. CA EN ON 0020 03 07 POLICY NUMBER* A-ICA-009912-01 COMMERCIAL AUTO CA 04 4403 10 THIS ENDORSEMENT CHANGES THE POUCY, 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, :he provisions of the Coverage Form apply unless modi- fied by the endorsement This endorsement changes the policy effective on the incp.ption date of the policy unless another date is indtcated below. Named Insured: Robert A.aottrman,Inc. Endorsement Effective Date 08/01/12 SCHEDULE Marne(s)Of Person(s)Or Organization(s),: As required by written contract. Information re ouired to Com.ete this Schedule, if not shavva above will be hewn in the declarations. The Transfer Of Rights Of Recovery Against Oth- ers to Us Gond/ben does not apply to the person(*) or erpartizetiOr44 Shown in the Schedule,but only to the e8tent that SUbrOgation is waived prior to the"ac- cident.'or the lose under a contract with that person or organization. CA 04 44 03 10 -0 Insurance Services Office, Inc.,2009 Page 1 of 1 CI • OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDE!)UNDER THE FOt LOWING WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE We have the right to recover our payments from arryone liabe for an injury covered by this policy. We will not enforce our right against the person or organization named in the Scriedule. This agreement app4tes 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 WHEN REWIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is 50.00 Named Insured Robert A.Bothman,Inc. Policy Number AICW00991201 Endorsement No. Policy Period 08/01/12 to Endorsement Effective Date: 48/01/12 08/01/13 Roducer's Name: —AOTI Risk insurance Services West,Inc. (San Jose CA Officx) Producer Number: WC 99 03 15(09/06) 9 COMMERCIAL GENERAL LIABILITY CG 20 32 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - ENGINEERS, ARCHITECTS OR SURVEYORS NOT ENGAGED BY THE NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured En.ineers,Architects Or Surveyors Not Engaged By The Named Insured: ANY ENGINEERS,ARCHITECTS OR SURVEYORS,WHILE NOT ENGAGED BY YOU,WHOM YOU ARE REQUIRED TO ADD AS AN ADDITIONAL INSURED ON THIS POLICY UNDER A WRITTEN CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE LOSS. Information required to corn•fete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the architects, en- additional insureds, the following additional exclu- gineers Of surveyors shown in the Schedule, but sion applies: only with respect to liability for "bodily injury", This insurance does not apply to "bodily injury", "property damage" or"personal and advertising in- "property damage" or"personal and advertising in- jury"caused, in whole or in part, by: jury"arising out of the rendering of or the failure to 1. Your acts or omissions; or render any professional services, including: 2. The acts or omissions of those acting on your 1. The preparing, approving, or failing to prepare behalf, or approve maps, drawings, opinions, reports, in the performance of your ongoing operations per- surveys, change orders, designs or specifica- formed by you or on your behalf, Lions; or Such architects, engineers or surveyors, while not 2. Supervisory, inspection or engineering ser engaged by you, are contractually required to be vices, added as an additional insured to your policy. CG 20 32 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0 OLD REPUBLIC GENERAL INSURANCE CORPORATION CANCELLATION OR.NON-RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS ENDORSEMENT THIS EADORSEJOEVT'CRANGES WE POLICY Pi.84N13e READ IT CARET EtstboRSEMENT MODiFIE.S SuRANCE PROVIDED UNDER THE FOLLCIAIINO• BLONERS AUTO COVERAGE FOIW c-QVIMERCW D1NERALUA2 UFY AGE FOPIA PART OVMERSA)s/D:OOkTRACT.ORS,PROTECTILIADILITT COVERAGE PRODQCTVOOMPLE.TEO.OPERA0ti$LIARILI TY C'ADVERAGE PART RAILROAD 0-Rol-EtrivE LIABiLITY COVERA-(4:'.PART we.canoal or ry4,41-enew trqs oblicy foi any;Own ener lriar eyan e wilf-deCitiOr no1ic of the cariteliation at nori4enewoit0,011 pe Pa sons Ohpn)zati0ns on fl vii1n OS Ciglirlif51460 crio,r to trio ;Sate of•cariklatoi'f..04.•ncrt,ranki..Nal, If.**caws,this polio'for non--pawne,it.we wit!<ielivr-.1*nrAke.-cf the'74nfekor,,,nn to MI..'Sraecified Persons of Ofoanizatic41%en file With L.,s1105 tss days prior 10 the ef, stive-ctate of canc0.attort_ r19s5 pro:7J nisil;n9 wig oe pn.).0i nottce krs''`'ed Robert A.Rothman,Inc .4ktfif -I A1 C000991201 — A:1CA-009912-01 .„ _ •-- 1 I Period 08/01/12 tc, E f;;x:.-;,,,,;-0:de = L 08/01/13 08/01/12 - • Aon Risk Insurance Services,West,Inc.(San Jose CA Office) fr;p4 6t1.00-:).4 t)1 Robert A.Bothman,Inc. AICW0099120 I OLO REPUBLIC GENERAL INSURANCE CORPORATION WORKERS COMPENSATION AND.EMPLOYERS LIABILITY'INSLIRANCE POLICY' flotict.of C-an ceitaion or tion-renewai to Spotifted Persons or Organizations 1-1-8 ENDORSEMENT CHANOES THE POLICY PLEASE READ IT citREFULCY. THIS ENOORSEMENT MODIFTES INSURANCE POVIDE UNDER'!-HE FOLLOWING: WDRKERS.COMPENSATION AND EMPLOYERS LIAStLi ry INSURANCE wa carcOor noo,Nnew this policy for any rea....5.4.-;.1 other than ron-par gent deihrer AC,tiCe otthe canceitationor ron.renevciat to it SPI?-0fieci Persons or Qrqanizations'nc tile tIz 1.10.)-thittObVs-prior to the effective Ogle of tanceN4lon or non-rem-wig( It we cancel this poky rof nonvsyrrsent,sit will:lower nonce of-the C:anCefatiC:9 t ft Oectflect Pereci•s or Organizatio.(4.:on rite with us',lb)ten rivis prior to tPe effective dote of 4;ancefletten II notice l mail:At Proof of ritaiiilg 101 be$t:Iricier kt pfOOtL Project No. 2010-9134 Bond No. 070-016-183 DOCUMENT 00610 Premium: $23,177.00 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ("I3ond") is dated May 24, 2013 , is in the penal sum of Three Million Sixty Three Thousand Nine Hundred ard no/100ths Dollars ($3,063,900.00) [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 Robert A. Bothman, Inc. ("Contractor"), Liberty Mutual 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: Robert A. Bothman, Inc. Liberty Mutual Insurance Company Name Name 650 Quinn Ave. 1340 Treat Blvd. Address Principal Place of Business San Jose, CA 95112 Walnut Creek, CA 94597 City/State/Zip City/State/Zip CONSTRUCTION CONTRACT: STEVENS CREEK CORRIDOR PARK & RESTORATION PHASE 2 PROJECT NUMBER 2010-9134 at Cupertino,California. DATED May 22 ,20 13 in the •mount of$3,063,900.00 (the"Penal Sum") Robert A. Bothman, Inc. Liberty Mutual Insurance Company CONTRACTOR AS NCIPAL SURETY Company: (Corp. e Company: (Corp. eal) // Signature: �r� �� Signature: 4 Xt. e Vice President Name and Titl1'11n BO11Y1311 Name and Title: BetEL. Tolentino, 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 It 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: City of Cupertino 00610- 1 Construction Performance Bond Stevens Creek Corridor Park&Restoration Phase 2 Project No. 2010-9134 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract;or 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract. 4. When City has satisfied the conditions of paragraph 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4,below);or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City's consent;or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety's obligations defined in paragraph 6, below, exceed the Balance of the Contract Sum,then Surety shall pay to City the amount of such excess;or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. If City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6,below. 5. If Surety does not proceed as provided in paragraph 4, above,then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including,without limitation,and by way of example only,rights to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors. 6. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall include,but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to, all valid and proper backcharges,offsets,payments, indemnities,or other damages; 6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under paragraph 4,above(but excluding attorney's fees incurred to enforce this Bond). City of Cupertino 00610-2 Construction Performance Bond Stevens Creek Corridor Park&Restoration Phase 2 Project No.2010-9134 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 terms of the Construction Contract including,but not limited to, "default" or any other condition allowing a termination for cause as provided in Document 00700 (General Conditions). 12.4 City 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 Constriction Contract. END OF DOCUMENT City of Cupertino 00610-3 Construction Performance Bond Stevens Creek Corridor Park&Restoration Phase 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT • State of California � I ss. • . )11"■ County of Santa Clara ' I I ' On May 29, 2013 before me, Wen-Tin Hsu � I (NOTARY) • I personally appeared Brian Bothman I Name(s)of Signer(s) ■ I who proved to me on the basis of satisfactory 1 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, iexecuted the instrument. � ' WEN-TIN HSU I certify under the PENALTY OF PERJURY under the laws � gym. Commission # 1853645 of the State of California that the foregoing paragraph is z',F•t Notary Public -California z true and correct. � I "' Santa Clara County D • • My Comm. Expires Jul 9, ?013 WITNESS hand and •fficial seal. � ■ t?�y ■ • Place Notary Seal Above Signature of Nota Public • I I ■ OPTIONAL INFORMATION • Though the information below is not required by law, it may prove valuable to persons relying on the document I :and could prevent fraudulent removal and reattachment of this form to another document. . I I ;CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT I I ❑ INDIVIDUAL I El CORPORATE OFFICER � TITLE OR TYPE OF DOCUMENT ■ • vice President I I • TITLES(S) ■ • NUMBER OF PAGES I N❑ PARTNER(S) ' I❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) DATE OF DOCUMENT 1 GUARDIAN/CONSERVATOR I ;❑ OTHER: ' I OTHER I ■ I m I • SIGNER IS REPRESENTING: RIGHT THUMBPRINT z ' ! NAME OF PERSON OR ENTITY(IES) OF ■ � SIGNER L � ■ ROBERT A. BOTHMAN, INC. a ■ I 1 I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT <'/�•.v•�.•:�•.��/a\L :^:�«'<�'F:t C ±�C v'C ��j:�$-y,:>- a:$ t � � �/.'-.'V�� a< �$!ln../iii:::]S�".��Q:�j>�'•ti.::-j�'-]S�>!.=�$:=j.�:�-'�� State of California County of San Francisco _ On May 24, 2013 before me, Virginia L. Ledford-Black, Notary Public Date Here Insert Name and Title of the Officer personally appeared Betty L. Tolentino Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws VIRGINIA L. LEDFORD-BLACK of the State of California that the foregoing paragraph is Commission #2006969 true and correct. a - :1" ,,,1,11.`i Notary Public-California z z ' San Francisco County WITNESS my hand and official seal. *4"--11 M Comm.Expires Feb 15,2017 , Siclnature� ��/ l,U�. ' i ��f ��-- �f!( / Place Notary Seal Above Signature of Notary OPTIONAL Though the Information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to 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: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General RIGHTTHUIt96PRINT ❑Partner—CI Limited ❑General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER LI Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: c:✓'::-:. <•'!: :::✓: /:V!.:S<;5:?:.:rs.YC�:<�:.�:. .;:_!:%<:vt:✓:�.A::. . ..:.A• ... • •`--.• .•". ®2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•wwwNationalNatary.org Item 45907 Reorder:Call Tblfree 1-800-876-8827 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attomey limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.6031424 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Betty L.Tolentino;Brian F.Cooper;J.M.Albada;Janet C.Rojo;K.Zerounian;Kevin Re; M.Moody;Maureen O'Connell; P.Bauer;Richard Adair;Robert Wrixon;Susan Hecker;Virginia L.Black all of the city of San Francisco ,state of CA each individually if there be mcre than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of March ,2013 . American Fire and Casualty Company -a The Ohio Casualty Insurance Company rn o `� ' , Liberty Mutual Insurance Company w 9 Ott = , t z�s i i West American Insurance Company 'a ,,� ,� / u� a 7 >+ 2 C STATE OF WASHINGTON ss Gregory W.Davenport,Assistant Secretary 4.;co COUNTY OF KING ss dto 0 im On this 13th day of March , 2013 ,before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American v F0- co ru Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do, ay C R execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. `Iii y > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. O CL CD 3 1/� Q M C> By: 16 bet. � 0' O• L KD Riley,Not Public d C 6 0 H o c L This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance to o d�" Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: t 0 • N r ea cu ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 0 c • CD" to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, >0 4.O C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective :a E ai powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so w C 4=' executed,such instruments shall be as binding as if signed by the President and attested to by he Secretary.Any power or authority granted to any representative or attorney-in-fact under > 4- the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. w o To t.,>' ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E CM > ` and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L M p 3 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their C oQ Z a respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O o executed such instruments shall be as binding as if signed by the president and attested by the secretary. v c(o O . Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W. Davenport,Assistant Secretary to appoint such ~`.- attorneys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company co isents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 24 thday of May ,20 13 . B 19II6 ` ( � l',� ?�3Ts )2,' ( Y?� � '" By: 4,77,4 l �t David M.Carey,Assistant Secretary LMS_12873_092012 102 of 600 Project No.2010-9134 Bond No. 070-016-183 DOCUMENT 00620 Premium included in charge for performance bond CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND("Bond")is dated May 24, 2013 ,is in the penal sum Three Million Sixty Three Thousand Nine Hundred and no/100ths Dollars ($3,063,900.00) [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 Robert A. Bothman, Inc. ("Contractor"), Liberty Mutual 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: Robert A. Bothman, Inc. Liberty Mutual Insurance Company Name Name 650 Quinn Ave. 1340 Treat Blvd. Address Principal Place of Business San Jose, CA 95112 Walnut Creek, CA 94597 City/State/Zip City/State/Zip CONSTRUCTION CONTRACT: STEVENS CREEK CORRIDOR PARK & RESTORATION PHASE 2 PROJECT NUMBER 2010-9134 at Cupertino,California. DATED May 22 ,20 13 • ,-'Amoum:of$3,063,900.00 (the"Penal Sum") Robert A. Bothman, I c. Liberty Mutual Insurance Company CONTRACTOR AS ' 11NCIPAL SURETY Company: p. Seal) /.7 Company: (Corp eal) Signature: / � Signature: . i-FIIYT gun Name and Title: Name and Title: Bett Tolentino, Attorney-in-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference. 2. With respect to City,this obligation shall be null and void if Contractor: 2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants;and 2.2 Defends, indemnifies and holds harmless City from all claims,demands, liens or suits by any person or entity who furnished labor, materials or 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, 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 City of Cupertino 00620- 1 Construction Labor and Material Payment Bond Stevens Creek Corridor Park&Restoration Phase 2 Project No. 2010-9134 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 or delivered(at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety,City or Contractor,however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. This Bond has been furnished to comply with the California Mechanic's Lien Law including,but not limited to, Civil Code §§3247, 3248, et seq. Any provision in 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 Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. City of Cupertino 00620-2 Construction Labor and Material Payment Bond Stevens Creek Corridor Park&Restoration Phase 2 Project No. 2010-9134 14. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code§3248(b). 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond,including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. END OF DOCUMENT City of Cupertino 00620-3 Construction Labor and Material Payment Bond Stevens Creek Corridor Park&Restoration Phase 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT � State of California . }County of Santa Clara sS. I I I � On May 29, 2013 before me, Wen-Tin Hsu (NOTARY) I • • I personally appeared Brian Bothman I Name(s)of Signer(s) ■ who proved to me on the basis of satisfactory evidenceto be the person(s)whose name(s) is/are subscribed i:o 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 WEN-TIN HSU I certify under the PENALTY OF PERJURY under the laws a `'°'�,:.;, Commission # ?853645 Z of the State of California that the foregoing paragraph is :-.-4',..i, 7 Notary Public California Z true and correct. I z 'r,Y' J, Santa Clara County r 1 3_ _._ _My Comm. Expires Jul 9 2013 C . I ` WITNES" y and nd official seal. . ■ ■ Place Notary Seal Above Signature of Notary Public • I I . OPTIONAL INFORMATION Though the information below is not required by law, it may prove valuable to persons relying on the document :and could prevent fraudulent removal and reattachment of this form to another document. . I I :CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT . 1 I i❑ INDIVIDUAL ' I � III CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT I � vice President ■ • TITLES(S) ! NUMBER OF PAGES 1,-,❑ PARTNER(S) I❑ ATTORNEY-IN-FACT ;❑ TRUSTEE(S) 1 DATE OF DOCUMENT : 1❑ GUARDIAN/CONSERVATOR ;❑ OTHER: I OTHER I I m SIGNER IS REPRESENTING: RIGHT THUMBPRINT ! NAME OF PERSON OR ENTITY(IES) OF n 1 SIGNER . ROBERT A. BOTHMAN, INC. o g • I • I 1 L..-..-..-..-..-..-..-..-..-..-..-...-..-..-..-..-..-..-..-..-..-..-..J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco on May 24, 2013 before me, Virginia L. Ledford-Black, Notary Public Date Here Insert Name and Title of the Officer personally appeared Betty L. Tolentino Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws VIRGINIA L.LEOFORD-BLACK of the State of California that the foregoing paragraph is K Commission#2006969 z true and correct. f allotary Public-California z San Francisco County 777]_ My Comm.Expires Feb 15,2017 WITNESS y hand and official seal. Signature v� �L6-( l' '�- Place Notary Seal Above )) Signature of Notary OPTIONAL lll�� Though the Information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to 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: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): O Partner—❑Limited ❑General RIGHTTHUMBPRINT 0 Partner—El Limited IA General RIGHT THUMBPRINT O Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ��Trustee Top of thumb here O Guardian or Conservator ❑Guardian or Conservator ❑ Other: El Other: Signer Is Representing: Signer Is Representing: '✓i�':�:.�:L••%i�.:\�:�✓:�I:�:�?!:L!ti::�:.�:�::�i�.i�-.'.':_...�:li\%:\'✓./�`:\✓i'..�i\✓:::•l,i\'�i\}i\�:�ii✓i�GL.:✓:\•'�i`.✓ii�..✓ice.: \ :J, ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402.www.NationalNotary.org item 45907 Reorder:CellTol-Fee 1-800-876-6827 THIS'POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.6031425 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly orga sized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Betty L.Tolentino;Brian F.Cooper;J.M.Albada;Janet C.Rojo; K.Zerounian;Kevin Re;M.Moody;Maureen O'Connell;P.Bauer;Richard Adair;Robert Wrixon;Susan Hecker;Virginia L.Black all of the city of San Francisco ,state of CA each individually if there be mcre than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of March ,2013 . ).•■ z s American Fire and Casualty Company -0 c ,,,,. s .� , s The Ohio Casualty Insurance Company to Liberty Mutual Insurance Company w Q '3, f 1.9 L,' i �g 1,:,-..,A 1 West American Insurance Company c co = m � � y .._.M« By: >, CO C STATE OF WASHINGTON ss Gregory .Davenport,Assistant Secretary c 4.s- COUNTY OF KING co c a) On this 13th day of March , 2013 , before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American 03 i_ V O Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company and West American Insurance Company,and that he,as such,being authorized so to do, >,f/) C 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W W d > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. 0 Q. Z e0 1/� Q M N By: )6b O 4 OCI i KD Riley,Not Public _ y"O 3 Cm a o This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance to c ai, Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: t o ttoo CO ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O c .211). to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, S O C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective :5 E ai powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so To d C-1-' executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >-0 - the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. cu 4 CNI '- C ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, `"CO > ` and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M O 15 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their G op Z o respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O o executed such instruments shall be as binding as if signed by the president and attested by the Secretary. to O I Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such t- attorneys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Compan es this 24 thday of May ,20 13 . A�'i 1 v David M.Carey,' tant Secretary t,, ,� t LMS_12873_092012 103 of 600 Project No.2010-9134 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO,a Municipal Corporation of the State of California("City"),for construction of STEVENS CREEK CORRIDOR PARK & RESTORATION PHASE 2 PROJECT NUMBER 2010-9134 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 one 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 outs 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 inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. Robert A. Bothman, Inc. Contractor's Name 650 Quinn Avenue Address San Jose, CA 95112 May 31, 2013 City/State/Zip Date END OF DOCUMENT City of Cupertino 00630- 1 Guaranty Stevens Creek Corridor Park&Restoration Phase 2 \\ / CITY HALL �' 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 TELEPHONE:(408)777-3354•FAX: (408)777-3333 DEPARTMENT OF PUBLIC WORKS CUPERTINO June 10, 2013 Mr.Keith Ulinger,Director of Projects Robert A. Bothman, Inc. 650 Quinn Avenue San Jose, CA 95112 SUBJECT: Stevens Creek Corridor Park and Restoration, Phase 2 Executed construction contract Dear Mr. Ulinger, Enclosed is a fully executed original copy of Robert A. Bothman's contract with City of Cupertino for construction of the above-referenced project. We are looking forward to working with you and to implementing the improvements. If you have any questions or need anything further, please do not hesitate to contact me at (408) 777-1334 or by email at gails @cupertino.org. Sincerely, Gail eeds Park Restoration and Improvement Manager Enclosure cc: City Clerk (w/original), File 92,069.02/9134.05 G. Rock—Gilbane Building Co. ® L DAT 207/3110113 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. a IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pobcy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the r~ certificate holder in lieu of such endorsement(s). CONTACT PRODUCER 'D Aon Risk Insurance Services West, Inc. NAME: San Jose CA Office (v-.ONE (866) 283-7122 j a � ' DOCUMENT: 22657269 Pages: 3 Fees. . . . + No Fees RECORDING REQUESTED BY: Taxes. . . Copies. . AMT PAID City of Cupertino {REGINA ALCOMENDRAS RDE # 001 WHEN RECORDED,MAIL TO: SANTA CLARA COUNTY RECORDER 7/21/2014 Recorded at the request of 2:27 PM City Clerk's Office t y City of Cupertino 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 STEVENS CREEK CORRIDOR PARK AND RESTORATION PHASE 2 PROJECT Original 0 For Fast Endorsement City Hall 10300 Torre Avenue Cupertino,CA 95014-3266 (408)777-3354 r$.T. ® PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCH OF COMPLETION STEVENS CREEK CORRIDOR PARK AND RES`T'ORATION PHASE 2 PROJECT NOTICE IS HEREBY GIVEN THAT I, Timm Borden, 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, Inc., on June 6, 2013, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered on June 30, 2014. 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. Director of Public Works and City Engineer of the City of Cupertino Date: June 30, 2014 "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27383 of the Government Code. This is to certify that the development agreement STEVENS CREEK CORRIDOR PARK AND RESTORATION PHASE 2 PROJECT and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on June 30, 2014, and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: July 15, 2014 Y Andrea Sand Senior Office Assistant, City Clerk OFFICE OF THE CITY CLERK CITY HALL ' 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 TELEPHONE:(408)777-3223• FAX: (408)777-3366 WEBSITE:www.culpertino.org CUPERTINO September 15, 2014 Robert A. Bothman, Inc. 650 Quinn Avenue San Jose, CA 95112 Re: Release of any and all claims for the Stevens Creek Corridor Park & Restoration Phase 2. Enclosed for your records is a fully executed original copy of the agreement and release of any and all claims with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea.Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public.Works i! Project No.2010-9134 :DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS STEVENS CREEK CORRIDOR PARK & RESTORATION PHASE 2 PROJECT NUMBER 2010-9134 THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and entered into this 29th day of August, 2014, 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.Number 058060(the"Contract"). B. The Work under the Contract has been completed. Now,therefore, it is mutually agreed between City and Contractor as follows: AGRELMENT 1. Contractor will not be assessed liquidated damages except as detailed below: Not Appiicable. Original Contract Sum $ 3,063,900.00 Modified Contract Sum $ 3,280,860.30 Payment to Date $ 3,280,860.30 (inclusive of$164,043.00 retention payments to escrow account) Liquidated Damages $ 0 Payment Due Contractor $ 0 2. Subject to the provisions of this Agreement and Release,City will forthwith pay to Contractor the sum of $ Zero Dollars and Zero Cents ($0.00) 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 00650- 1 Agreement and Release of Any and All Claims Stevens Creek Corridor Park&Restoration Phase 2 Project No.2010-9134 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 NONE 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, indemni f i 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 ai fected 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 00650-2 Agreement and Release of Any and All Claims Stevens Creek Corridor Park&Restoration Phase 2 a Project No.2010-9134 * * * CAUTION: THIS IS A RELEASE-READ BEFORE EXECUTING THE CITY OF CUPERTINO, a Municipal Corporation of the State of California By. Its: LY C ATTEST: rl--;;�440 - A City er [CONTRA T R By: I erd' and Gagni Name: t f Assistant Project Manager Its: By: Name: Its: REVIEWED AS TO FORM: City Attorney © '20 END OF DOCUMENT City of Cupertino 00650-3 Agreement and Release of Any and All Claims Stevens Creek Corridor Park&Restoration Phase 2 c Project No.2008-9112 ***CAUTION: THIS IS A RELEASE READ BEFORE EXECUTING THE CITY OF CUPERTINO, a Municipal Co oration of the State of Califomia By: Its: ATTEST: City Clerk [CONTRACTOR] By: Name -Y Its: 1 By: Name: Its: WED AS TO FORM: City Attorney `t 2 20 C� END OF DOCUMENT City of Cupertino Agreement and Release of Any and All Claims SCCP Phase IA 00650-3