15-130 Guerra Construction Group for Cupertino Sports Center-West Court Improvement and RenovationsProject Nf. 2012-9151
DOCUMENT 00650
AGREfl:MENT AND RELEASE OF ANY AND ALL CLAIMS
SPORTS CENTER-WEST COURT RENOVA TIO NS AND IMPOVEMENTS
PROJECT NUMBER 2012-9.151
THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and entered
into this 29th day of March, 2016, by and between the City of Cupertino ("City"), and Guerra Construction Group
("Contractor"), whose place of business is 948 Memorex Drive Santa Clara, CA 95050.
RECITALS
A. City and Contractor entered into Contract Number P.O 2016-24 I (the "Contract").
B. The Work under the Contract has been completed.
Now, therefore, it is mutually agreed between City and Contractor as follows:
AGREEMENT
I. Contractor will not be assessed liquidated damages except as detailed below:
Original Contract Sum $ 894,200.00
Modified Contract Sum $ 897,611.54
Payment to Date $ 866,030.96
Liquidated Damages $0
Payment Due Contractor $ 31,580.58
Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum ofThiity
One Thousand Five Hundred and Eighty Dollars and Fifty-Eight Cents ($31,580.58) 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
Sports Center-West Court
Renovations and Improvements
00650-I Agreement and Release or Any and All Claims
Pr~ject No. 2012-9151
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, indemnify and hold harmless the City of Cupertino, Santa Clara County,
its Architect, any of their Representatives, and all of their agents, employees, consultants, inspectors, assignees
and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses,
damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or
Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment
used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims set forth in
paragraph 4 of this Document 00650.
8. Contractor hereby waives the provisions of California Civil Code Section 1542, which provides as follows:
A general release docs not extend to claims that the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known
by him, must have materially affected his settlement with the debtor.
9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be
considered independent and severable, and if any such provision or any part thereof shall be at any time held
invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then
such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the
remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be
enforceable.
10. Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released
pursuant to this Agreement and Release, and that it has full right, title and authority to enter into this instrument.
Each party represents and warrants that it has been represented by counsel of its own choosing in connection
with this Agreement and Release.
11. All rights of City shall survive completion of the Work or termination of the Contract, and execution of this
Agreement and Release;
City of Cupertino
Sports Center-West Court
Renovations and Improvements
00650-2 Agreement and Release of Any and All Claims
Project No. 2012-9151
* * *CAUTION: THIS IS A RELEASE -READ BEFORE EXECUTING* * *
THE CITY OF CUPERTINO,
a Municipal Corporation of the State of California
ATTEST:
~1tr~ Ciyae;:k
Name:----------------
Its:----------------
REVIEWED AS TO FORM:
~ Randolph Stevenson Hom
ity Attorney
__ /4p~v_r'_/_7_, ___ ,, 2016
END OF Document
City ofCupc1tino
Sports Center-West Court
Renovations and Improvements
00650-3 Agreement and Release or Any and All Claims
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA· 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27283
DOCUMENT: 23211236
Ill II/ 11111/ I ll ll II l/1
1
/l Ill
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
School/Co/ lege District
Pages: 4
Fees.... 5.00
Taxes ...
Copies ..
AMT PAID 5.00
ROE # 002
2/02/2016
12:20 PM
(SP ACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF COMPLETION
CITY PROJECT NAME: Cupertino Sports Center-West Courts Renovations and
Improvements
/&7 Original
D For Fast Endorsement
"NO FEE"
City of Cupertino
NOTICE OF COMPLETION is hereby given in order to comply with the provisions of
Section 27283 of the Government Code.
This is to certify that the Notice of Completion dated February 1, 2016 for
CITY PROJECT NAME: Cupertino Sports Center-West Courts Renovations and
Improvements
and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino
on February 1, 2016 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:
By:
February 2, 2016
Lauren Sapudar
Senior Office Assistant
CUPERTINO
Recording Requested By:
When Recorded Mail To:
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE
NOTICE OF COMPLETION
Civil Code§§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is the agent of the owner of the project described below.
2. Owner's full name is: City of Cupertino, California.
3. Owner's address is: City Hall, 10300 Torre Ave., Cupertino, CA 95014.
4. The nature of owner's interest in the project is:
__x_ Fee Ownership Lessee Other: _________ _
5. Construction work on the project performed on the owner's behalf is generally described as
follows: City Project Name: Cupertino Sports Center -West Courts Renovations and
Improvements (City Project No.: 2012-9151)
Construction of new sports court, court lighting, wall fascia, and resurfacing five existing tennis
courts.
6. The name of the original contractor for the project is: Guerra Construction Group, 984 Memorex
Drive, Santa Clara, CA 95050
7. The project was completed on: January 29, 2016
8. The project is located at: 21111 Stevens Creek Blvd.
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws
of the State of California that I have read this notice, and I know and understand the contents of this
notice, and that the facts stated in this notice are true and correct.
February 1, 2016; Santa Clara County
Date and Place ~ =
Timm Borden
Director of Public Works and City Engineer
CUPERTINO
CITY OF CUPERTINO
CITY HALL
10300 TORRE AVENUE -CUPERTINO, CA 95014-3266
(408) 777-3354 -FAX (408) 777-3333
NOTICE OF ACCEPTANCE
PROJECT NAME: Sports Center-West Courts Renovations and Improvements, Project Number 2012-
9151
Owner:
Site Location:
City of Cupertino
10300 Torre A venue
Cupertino, CA 95114
21111 Stevens Creek Boulevard
Cupertino, CA 95114
Direct Contractor: Guerra Construction Group
984 Memorex Drive
Santa Clara, CA 95014
Work Description: Construction of new sports court, court lighting, wall fascia, and resurfacing five
existing tennis courts.
Contract Date: July 21, 2015 Date of Project Acceptance: January 29, 2016
NOITCE 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 improvements performed at the referenced
site and as described above and in the referenced contract, which was entered into, by, and between
the City of Cupertino and the Direct Contractor on the date noted above, in accordance with the plans
and specifications for said work, have been completed to the City's satisfaction, subject to exceptions,
and accepted as noted above.
Timm Borden
Director of Public Works and City Engineer
January 29, 2016
Date
CITY OF a
CUPERTINO
DATE: 11/20/2015
Confractor:
Guerra Construction Group
984 Memorex Drive
Santa Clara, CA 95050
SPORTS CENT.ER~ WEST COURT RENOVATIONS
AND IMPROVEMENT PROJECT
PROJECT NO. 2012M9151
CONTRACT CHANGE ORDER NO. 03 ~
The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the
amount paid pursuant hereto is full and complete compensation for the work describe cl herein for each and every entity involved in the
project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, iinpact,
inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the
subject of this Change Order is h~reby released and waived by all such Subcontractors and suppliers at all tiers.
Change City Fielcl Description $1,087.00 No. Authorization No.
South Side Curb Replacement (RFI 035 Rl) $3,069.00
($1,982.00) Curb Credit
02
Total Change Order No. 02
Total Project:
Original Contract
Change Order No. 1
Change Order No. 2
Change Order No. 3
Revised Contract
$894,200.00
$9,040.50
$7,284.04
$1,087.00
.l2JJ-;l-1-:t:tftf \Q.tL
'1 \\/ b \\. ~'i
Page 1
Total Change Orders
$,1087.00 l
$9,040.50
$7,284.04
$1,087.00
$17,411.04
Change Order 03
SPORTS CENTER~\VEST COURT RENOVATIONS
AND IMPROVEMENT PROJECT
PROJECT NO. 2012~9151
CONTRACT CHANGE ORDER NO. 03~ 6'fZ--
Schedule Impact: 0 calendar days
Project Final Completion Date: October 30, 2015
REVIEWED BY:
of Cupertino
Br 1ce Biordi
City Project Manager
])ate:~~~
~ Gilbaf1e~··
Gleim Rock
Senior Project Manager
])ate: /~~CJ
APPROVED BY:
·Pft Cit~ ertino
Page 2
· Timm Borden
Director of Public Works
Date: /-z, t>z,, Zo/.:l
Guerra Construction Group
J ahne Guerra
Project Manager
Date: /{//-/$~
Change Order 03
C3 LIER R..A.
1-:. r·-1 1-. .1 !"'i T 1.: LJ c ·r J LJ t-J '13 h! Ll u ~'-'
984 MEMOREX DRIVE-SANTA CLARA, CALIFORNIA -95050
TEL. 408.279.2027 FAX 408.279.2044
City of Cupertlno/Gflbane
c!o Dana Johnson
DJohnson1@GilbaneCo.com
LIC.# 915544
11/10/2015
Re: 15-070 Cupertino Sports Center· EWO B South Side Curb Replacement Court 14 {RFI 35 R1)
Dear Dana,
As you requested, below is the cost associated with above referenced EWO.
Cost includes labor, equipment and material. ·
Subtotal: $ 3,069
CREDIT (Curb to Rernafll): ___ -$:...;1:..:..;,9'"'"8-'--2
TOTAL $ 1,087
Please contact our office if you have any questions or if you need additional information regarding
this matter.
Best regards,
Jaime Guerra
Project Manager
GUERRA
CCli·•JSTRUCTICIN G l?CiUfl
CLIENT: City of Cupertino DATE: 11/10/2015
Oay1
' PROJECT 15-070 Cupertino Sports Center
DESCRIPTION OF WORK
Form, place, and finish 611 wide x 14" high x +/-14' Curb, strip forms, Clean Up
Form, place, and finish 10-12" wide x 14" high x +/-14' Curb, strip forms, Clean Up
DESCRIPTION I QTY COST I UNIT I EXTENSION
LABOR
Foreman 0 $ 82.41 0 $ -
Operator 0 $ 82.41 0 $ -
Mason 2 $ 76.80 6 $ 921.60
Laborer 0 $ 69.50 0 $ -
$ .921.60
Mark up 33% $ 304.13
$ 1,225.73
EQUIPMENT
Sawcutter 0 $ 55.00 0 $ -
Bobcat 0 $ 65.00 0 $ .
Skip Loader 0 $ 55.00 0 $ -
Dump truck 0 $ 110.00 . 0 $ -
$ -
$ -
Mark Up 15% $ .
$ -
MATERIALS
Concrete i $ 175.00 2 $ 350.00
Short Load Fee 0 $ 250.00 0 $ .
$ 350.00
Mark up 15% $ 52.50
$ 402.50
Subtotal: $ i,628.23
GUERRA
r:n1,-JH"r'F<t.ICTIDN Gooup
CLIENT: City of Cupertino DATE: 11/10/2015
Day2
PROJECT 15-070 Cupertino Sports Center
DESCRIPTION OF WORK
Excavate 6" below grade, compact existing subgrade, grade around curb, Install filter fabric,
place and Install drain rock+/-6" x 12" x 14'
DESCRIPTION f QTY COST I UNIT I EXTENSION
LABOR
Foreman 0 $ 82.41 0 $ "
Operator 0 $ 82.41 0 $ "
Mason 0 $ 76.80 0 $ -
Laborer 2 $ 69.50 6 $ 834.00
$ 834.00
Mark up 33% $ 275.22
$ 1J109.22
EQUIPMENT
UtHlty Truck 0 $ 29.00 0 $ .
Bobcat 0 $ 65.00 0 $ -
Skip Loader 0 $ 55.00 0 $ -
Dump truck 0 $ 110.00 0 $ "
$ -
$ -
Mark Up 15% $ -
$ -
MATERIALS
Rebar and epoxy I Forms, weeps, filter fabrfc 1 $ .288.19 1 $ 288.19
Drain Rock 0 $ " 0 $ "
0 $ -0 $ .
$ 288.19
Marl< up 15% $ 43.23
$ 331.42
Subtotal: $ 1,440.64
GUERRA
C: D t-.J D Tl:./ i.11':'1' !U 1'! G RO U f'.'
CLIENT: City of Cupertino DATE: 11/10/2015
CREDIT '
PROJECT 15-070 Cupertino Sports Center
DESCRIPTION OF WORK
Form, place, and finish 6" x +/-14' Curb (Curb was to Remain but we removed) CREDIT
DESCRIPTION I QTY COST I UNIT I EXTENSION
LABOR
Foreman 0 $ 82.41 0 $ .
Operator 0 $ 82.41 0 $ -
Mason ·2 $ 76.80 6 $ 921.60
Laborer 1 $ 69.50 6 $ 417.00
$ 1,338.60
Mark up 33% $ 441.74
$ 1,780.34
EQUIPMENT
Sawcutter 0 $ 55.00 0 $ -
Bobcat 0 $ 65.00 0 $ -
Skip Loader 0 $ 55.00 0 $ -
Dump truck 0 $ 110.00 0 $ "
$ .
$ -
Mark Up 15% $ -
$ .
MATERIALS
Concrete 1 $ 175.00 1 $ 175.00
Short Load Fee 0 $ 250.00 0 $ -
$ 175.00
Mark up 15% $ 26.25
$ 201.25
Subtotal: $ 1,981.59
CITY OF a
CUPERTINO
DATE: 10/28/2015
Contractor:
Guerra Construction Group
984 Memorex Drive
Santa Clara, CA 95050
·.: ....... \ ... ·
SPORTS CENTER-WEST COURT RENOVATIONS
AND IMPROVEMENT PROJECT
PROJECT NO. 2012-9151
CONTRACT CHANGE ORDER NO. 02
The following changes are hereby approved, notwithstanding lnnguage in any ntt<ichment to the contrnry, Contractor agrees that the
amount pnid purs1rnnt hereto is full and complete compensation for the work described herein for each and every entity involved Jn the
project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact,
inefficiency, accelerntion, extended overhead, increased supervision, compression and all other factors aJTecting cost arising from the
subject of this Change Order is hereby released and waived by all such Subcontrnctors .and suppliers at all tiers.
, _c_1_1a_n_g_e.__~C-i-ty~F-ie-ld~~'----~~~~~~~~~~~·-t_·~~~~~~~~-'-~~~~~~~_,I~ _ No. Authorization No. cscrip ion · , • f/t/
Demo & Put Back Sidewalk per RFI 019.
Difference from 2x6 to 2x8 Studs for Ball Wall per RFI 032.
02 Additional Pickle Ball Court Striping,
$2292.04
$1780,00
$3212.00
Totul Change Order No. 02 _______ $_7,28~~
Total Project:
Original Contract
Change Order No. 1
Change Order No. 2
Revised Contract
$894,200.00
$9,040.50
$7,284.04
-$~10,624.04 -
~ 9 l o/SZL/-'. 0Lf
<'.'.:.M L-
Page 1
Total Change Orders
$9,040.50
$7,284.04
"1j;f{;) 3 24. 0 4·
a 1<o,-s24-.5cr
L..IV\ <--
Change Order 02
SPORTS CENTER~ WEST COURT RENOVATIONS
AND IMPROVEMENT PROJECT
PROJECT NO. 2012"9151
CONTRACT CHANGE ORDER NO. 02
Schedule Impnct: 0 calemfar dRys
Project Final Completion Dnte: October'30, 2015
REVIEWED BY:
fU' City of Cupertino
Bruce Biordi
City Project Mimagel'
Date: l I {1 /15
Senior Project Manager
Date: fr~/;
//i
Page 2
APPROVED BY:
City of Cupe1:tino
Timm Borden
Dfrector of Public Works
Date: ~ \ [ '1U S
~
'··
Jaime Guerrn
Pl'oject Manager
Change Order 0:2
984 MEMOREX DRIVE-SANTA CLARA, CALIFORNIA· 95050
TEL. 408.279.2027 FAX 408.279.2044
City of Cupertlno/Gllbane
c/o Dana Johnson
DJohnson1@GilbaneCo.com
Re: 15-070 Cupertino Sports Center· EWO #4 Demo and Put Back Sidewalk per (RFI 19)
Dear Dana,
As you requested, below Is the cost associated with above referenced EWO.
Cost includes labor, equipment and material.
Demo 90 SqFt of sidewalk
Form and install rebar for concrete pour
TOT AL $ 2,292
'. , Jff i"J:!ir9IAh .. ~\;\':$2,2s?~94)
LIC.# 915544
9/16/2015
Please contact our office if you have any questions or If you need addltronal Information regarding
this matter.
Best regards,
Jose Corona
Assistant Project Manager
GUERRA
f':1 f:'lN ~~ T·h~ LI C:T ! LJJ'-l G f'~D U r-1
CLIENT: City of Cupertino DATE: 9/16/2015
PROJECT 15-070 Cupertino Sports Center
DESCRIPTION OF WORK
Demo 90 Sqft of Sidewalk
DESCRIPTION I QTY COST I UNIT I EXTENSION
LABOR
Foreman 0 $ 82.41 0 $ -
Operator 1 $ 82.41 2 $ 164.82
Mason 0 $ 76.80 0 $ -
Laborer 1 $ 69.50 1 $ 69.50
$ 234.32
Mark up 33% $ 77.33
$ 311.65
EQUIPMENT
Sawcutter 0 $ 55.00 0 $ .
Bobcat 1 $ 65.00 2 $ 130.00
Skip Loader 0 $ 55.00 0 $ -
Dump truck 1 $ 110.00 1 $ 110.00
$ .
$ 240.00
Mark Up 15% $ 36.00
$ 276.00
MATERIALS
Dump 1/2 load of concrete 1 $ 100.00 1 $ 100.00
0 $ . 0 $ .
$ 100.00
Mark up 15% $ 15.00
$ 115.00
Subtotal: $ 702.65
GUERRA t: ci H i.-~T;f.~ 1.J r:·r1 i:'.:fN G 1c~u u P
CLIENT: City of Cupertino DATE: 9/16/2015
PROJECT 15-070 Cupertino Sports Center
DESCRIPTION OF WORK
Form, install rebar and pour concrete
DESCRIPTION I QTY COST I UNIT I EXTENSION
LABOR
Foreman 0 $ 82.41 0 $ -
Operator 0 $ 82.41 0 $ "
Mason 2 $ 76.80 4 $ 614.40
Laborer 1 $ 69.50 4 $ 278.00
$ 892.40
Mark up 33% $ 294.49
$ 1,186.89
EQUIPMENT
Sawcutter 0 $ 55.00 0 $ "
So beat 0 $ 65.00 0 $ -
Skip Loader 0 $ 55.00 0 $ -
Dump truck 0 $ 110.00 0 $ .
$ -
$ -
Mark Up 15% $ -
$ -
MATERIALS
Concrete 1 $ 175.00 2 $ 350.00
0 $ . 0 $ -
$ 350.00
Mark up 15% $ 52.50
$ 402.50
Subtotal: $ 1,589.39
13 LI ER.Fl~
Cl L..l f•J bl 'Thi LI L:J "1. I L.'i l'-·i !'.:3 hl 'LJ Ll ~.J
984 MEMOREX DR!VE-SANTA CLARA, CALIFORNIA~ 95050
TEL. 408.279.2027 FAX 408.279.2044
City of Cupertfno/Gllban_e
c/o Dana Johnson
DJohnson1@GilbaneCo.com
Re: 15-070 Cupertino Sports Center· EWO #6 Difference from 2x6 to 2x8 Studs (RFI 32)
Dear Dana,
As you requested, below is the cost associated wlth above referenced EWO.
Cost inclucjes labor, equipment and material.
TOT AL $ 1 1780
UC.# 915544
10/16/2015
Please contact our office if you have any questions or if you need additional Information regarding
this matter.
Best regards,
Jaime Guerra
Project Manager
GUERRA
t: DI'•! S'.-1 TH l .I f': TI Cl'H (::l !;? t'."I I J 1"'-'l
CLIENT: City of Cupertino DATE: 10/16/2015
PROJECT 15-070 Cupertino Sports Center
DESCRIPTION OF WORK
Material Difference between 2x6 studs to 2x8.
DESCRIPTION I QTY COST I UNIT I EXTENSION
LABOR
Foreman 0 $ 82.41 0 $ .
Operator 0 $ 82.41 0 $ .
Mason 0 $ 76.80 0 $ .
Laborer 1 $ 69.50 4 $ 278.00
$ 278.00
Mark up 33% $ 91.74
$ 369.74
EQUIPMENT
Sawcutter 0 $ 55.00 0 $ -
Bobcat 0 $ 65.00 0 $ .
Skip Loader 0 $ 55.00 0 $ ft
Dump truck 0 $ 110.00 0 $ .
$ .
$ .
Mark Up 15% $ ff
$ ff
MATERIALS
Material Re-Stoking fee 1 $ 350.00 1 $ 350.00
Material Difference 1 $ 876.68 1 $ 876.68
$ 1,226.68
Mark up 15% $ 184.00
$ 1,410.68
Subtotal: $ 1,780.42
_ ........ . UC.# 915544
13 LI E R. R..A.
984 MEMOREX DRIVE-SANTA CLARA, CALIFORNIA-95050
TEL 408.279.2027 FAX 408.279.2044
10/27/2015
City of Cupertlno/Gllbane
c/o Dana Johnson
DJohnson1@GilbaneCo.com
Re: 15·070 Cupertino Sports Center· EWO 7 Stripe (1) Additional Pickel Ball Court
Dear Dana,
As you requested, below Is the cost associated with above referenced EWO.
Cost Includes labor, equipment and material.
SubCosts (Vintage): $ 2,880.00
15% GC Markup: $ 432.00
Subtotal $ 3,312.00
0% BOND $
Total: $ 3,312.00
TOTAL $ 3,312
Please contact our office If you have any questions or If you need additional information regarding
this matter.
Best regards,
Juan Carlos Esquivel
Assistant Project Manager
Created Date
.cii.ent
Contact Name
Proposal To Name
Ema II
Phone
SMI FR.lllCJSCO
n61 OC!AN AVENUE
SAN FRANCISCO, ~A 9H27·260S
9, ~IS.211.1602
f, 4l 5.212.l 60l
10/27/2015
Omar Hernandez
Guerra Construcllon Group
pro-eng@guerraco.com
(408) 279-2027
ItCENS!i: NO. 4HH30
Vt NT AGE NAP.\
llOO OR~tN ISU~O ROAi>
AMe~ICMI CAN~ON, CA 9HOl
Pc 707,l3l.1Ul
MONHREY: 8ll.6Sl.02tl Co11t1·actors, Inc.
PROPOSAL & CONTRACT
Proposal Number 0890
Opportunity Owner Tony Edwards
EJ'.Qirul_t
Proposal Name CSC Change Order 1 and 2
PLAYING LINES: Apply playfng lines according to game court plans and diagram. Add pickle ball to addltlonaf court
·~'~wru~•.Bpt~r. A,<lrJ: f G!>~i~fi~0 ()p e~T~.~ ~1u~ .~· 1~~·~i:;;(;<?V~s··~.~~j':b~W~t6,it1§U~:@t'..¥3s?1cci,~~>
Subtotal $2,860.00
We hereby propose to furnish labor and materials-complete fn
accordance with the above specifications, for the sum of;
Grand Total $2,880.00
All materlal Is guaranteed to be as speclJied. All work to be completed In a workmanlike manner according lo standard practices. Any alteration
or devlaHon from above specifications involving extra costs, will be executed onfy upon written orders, and will become an extra charge over
and above the estimate. All agreements contingent upon strikes, accidenls or delays beyond our control. Owner to carry lire, tornado and other
necessary Insurance.
Our workers are fully covered by Workmen's Compensation Insurance. Note: This proposal may be wlthdrawn by us ff not accepted within 30
days, Jn the event legal action is Instituted by either party hereto, the prevalllng party shall be entitled to reasonable attorney's fees and costs.
Authorized Signature;
Acceptance of Proposal
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.
Payment will be made as ou!llned above.
Accepted: _________ _
Date: ___________ _
CITY OP a
CUPI:RTINO
DATE: 09/15/2015
Contractor:
Guerra Construction Group
984 Memorex Drive
Santa Clara, CA 95050
SPORTS CENTER· WEST COURT RENOVATIONS
AND IMPROVEMENT PROJECT
PROJECT NO. 2012·9151
CONTRACT CHANGE ORDER NO. 01
The following changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the
amount paid pursuant hereto is full and complete compensation for 1he wo1·k described herein for coeh and every entity Involved In the
project who is being compensated hereunder and that each and every claim for any cost for schedule impact such as a delay, impact,
inefficiency, acceleration, extended overhead, hicrcased supervision, compression and all other factors affecting cost arising from the
subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers.
Change City Field
No. Authorization No.
01
' Description·
Remove and dispose of(+/·) 1150 SF at 4" of existing asphalt
found under existing concrete walkways marked for
demolition. (EWO #2 RI)
Remove and dispose of 16 concrete footings encountered
along the new basketball court. (EWO #3 Rl)
<;;O
$9,040,pif
$3,425.30
$5;615.20
Total Change Order No. 01 $9,040.50
Total Project:
Original Contract
Change Order No. I
Revised Contract
$894,200.00
$9,040.50
$903,240.50
$9,040.50
Total Change Orders $9,040,!51>
Change Order 01
Page 1
SPORTS CENTER-WEST COURT RENOVATIONS
AND IMPROVEMENT PROJECT
PROJECT NO. 2012-9151
CONTRACT CHANGE ORDER NO. 01
Schedule Impact: 0 calendar days
P1•oject Final Completion Date: October 30, 2015
REVIEWED BY:
:t of Cupertino ·
ruce Biordi
City project Manager
Date: ____ _
APPROVED BY:
Date:. ______ _
G~~; cs:~:;;-;; :--stP -
Glenn Rock
Senior Project Manager
Date: 1/zrb
1
V 0
Page 2
Guerra Constrnction Group
Jaime Guerra
Project Manager
1··z,5.,15
Date: ______ _
Change Order 01
,. ' ;,·
GUERRA
C.'! r.J ?··1 m 'Tr~ LJ CJ~r, CJ hi f:i;} ri' r:.:1 I~ r ~
984 ME:MOREX DRIVE· SANTA CLARA, CALIFORNIA" 95060
TEL. 408.279.2027 FAX 408.279.2044
Olly oF Cupertlno/Gllbane
c/o Dana Johnson
DJohnson1@GllbaneCo.com
Re: 15·070 Cupertino Sports Center" r:.wo 113 R1 Concrete Footings Removal (RFI 8)
Dear Dana,
As you requested, below Is the cost associated wllh abovo reForonced r:.wo.
9.6s.t Includes labor, equipment and material.
RetnOV(J 1md dispose of 16 oa conorete footings encountered 11/ong
Ille new basketball court
TOTAL $ 6,615,IW
LIO.# 915544
9/2/2015
Please contact our office If you have any ques11ons or If you need additional Information regarding
this matter. ·
Best regards,
Jose Corona
Assistant Project Manager
GUERRA
Cl t.11 .. l!:'l T··~i u 1.::1· 11:1 N c::; r~ 1:'J l.J p
CLIENT: City of Cupertino DATE:
PROJECT: 15·070 Cupertino Sports Center
J.Jt:SCRIPTION OF WORK
DESCR1PTION I QTY GOST I UNIT I EXTENSION
LABOR
Foreman 0 $ 82.41 0 $ .
Operator 1 $ 82.41 . 12 $ 988,92
Mason 0 $ 76.80 0 $ -
Laborer 2 $ 69.50 12 $ i,668.00
$ 2,656.92
Mark up 33% $ 876.78
$ 3,633.70
EQUIPMENT
Sawcutter 0 $ 55,00 0 $ .
Boboat w/ breaker 1 $ 65.00 4 $ 260.00
Skip Loader 1 $ 55.00 4 $ 220.00
Dump truck 2 $ 110.00 4 $ 880.00
$ .
$ 1,360.00
Mark Up 15% $ 204.00
$ ' 1,564.00
MATERIALS
Dump i $ 225.00 2 $ 450.00
0 $ . 0 $ .
$ 450.00
Mark up 15% $ 67.50
$ 517.50
Subtotal: $ 5,615,20
' .... .. , .
-•' LIC,# 915544
C3 LI.ER RA
1::; o r .. 1 t3 '1" 'f·~ u 1;.i .,~ r 1::·1 t--J r.& p<'; rt 1 1 r=i
984 MEMOReX DRIVE· SANTA CLARA, CALIFORNIA· 95050
TEL, 408:279.2027 FAX 408.279.2044
912/2015
Olly of Cuperllno/Gllbane
clo Dana Johnson
DJohnson1@GJlbaneCo.com
Re: 15·070 Cupertino Sports Center· l:WO #2 R1 Addition al Asphalt Removal {RFI 2)
Doar Dana,
As you requested, below Is the cost associated wltl1 above referenced l:WO,
Cost Includes labor, equipment and material,
Remove and dispose of +I· 1150 SF al 4" of existing asp/1a/I
found under existing concrete walkways marked for demolition
TOTAL $
Credit for removal of baserook {+/. 1180 SF at 4'J
TOTAL $ {A,.14&)(~,~~{a 1 'f_D)
GRAND TOTAL $
Please contact our office If you have any questions or I( you need addltlonal Information regarding
this matter,
Best regards,
Jose Corona
Assistant Project Manager
' '
CLIENT: City of Cupertino OATE:
PROJECT: ·16·070 Cupertino Sports Center
DESCRIPTION OF WORI<
DESCRIPTION I QTYI ·COST I UNIT l EiXTENSION
LABOR
Foreman 0 $ 82.41 0 $ -
Operator 1 $ 82.41 12 $ 988.92
Mason 0 $ 76,80 0 $ .
Laborer 2 $ 69.50 12 $ 1,668.00
$ 2,656.92
Mark up 33% $ 876.78
$ 3,533.70
EQUIPMENT
Sawoutter 1 $ 55.00 4 $ 220.00
Bobcat w/ breaker 1 $ 65.00 4 $ 260.00
Skip Loader 1 $ 55,00 4 $ 220.00
Dump truck 1 $ 110,00 8 $ 880,00
$ .
$ 1,680.00
Mark up 15% $ 237.00
$ 1,817,00
MAiERIALS
Dump 1 $ 226,00 2 $ 450.00
0 $ . 0 $ -$ 460.00
Mark up '16% $ 67.50
$ 617.50
Subtotal: $ 6,868.20
(,-.... ..
. ,,,, ..... ,. ....
GUERRA
i;:!(~11'-1~1Tl'!WC:rf\r..lH Glr.<OlJP
CLIENT: City of Cupertino · PATE:
PROJECT: 15-070 Cuperllno Sports Center
DESCRIPTION OF WORK
OEScRIPTION I QTY COST I UNIT I Ex TENSION
LABOR
Foreman 0 $ 82.41 0 $ .
Operator 1 $ (82.41) 4 $ (329.64)
Mason 0 $ 76.80 0 $ .
Laborer 2 $ (69.50) 4 $ (556,00
$ (885.64)
Mark up 33% $ (292.26)
$ (1,177.90)
EQUIPMENT
Sawcutter 0 $ 56.00. 0 $ .
Skip Loader 1 $ (55.00) 4 $ (220,00)
Dump truck 1 $ (110.00) 8 $ (880.00)
$ .
$ (1,100.00)
Mark up 15% $ (165.00)
$ (1,265.00}
MATERIALS
Dump • NIA If clean 0 $ . 0 $ .
0 $ " 0 $ .
$ .
Mark up 15% $ "
$ .
Subtotal: $ (2,442.90)
I L
Project No.2012-9151
DOCUMENT 00520
CONTRACT
THIS CONTRACT, dated this 21s'day of July, 2015,by and between Guerra Construction Group whose place
of business is located at 948 Memorex Drive Santa Clara CA 95050 ("Contractor"), and the CITY OF CUPERTINO, a
Municipal Corporation of the State of California("City")acting under and by virtue of the authority vested in the City by
the laws of the State of California.
WHEREAS,City,on the 21 day of July;2015 awarded to Contractor the following Project:
PROJECT NUMBER 2012-9151
CUPERTINO_SPORTS CENTER-`?VEST COURT IMPROVEMENT AND -. .___... . ..
RENOVATIONS
NOW,THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree
as follows:
Article 1. Work
1.1 Contractor shall complete all Work specified in the Contract Documents,in accordance with the Specifications,
Drawings,and all other terms and conditions of the Contract Documents.
Article 2. Agency and Notices to City
2.1 City has designated Katy Jensen, 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 Callander Associates Landscape Architects to act as Project 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.
City of Cupertino 00520-1 Contract
Sports Center-West Court
Renovations and Improvements
Project No.2012-9151
Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance
with Section 00700(General Conditions)by Friday,October 30,2015
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
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 Game, 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
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
federal, state and local laws and regulations that in any manner may affect cost, progress, performance or
City of Cupertino 00520-2 Contract
Sports Center-West Court
Renovations and Improvements
C
Project No.2012-9151
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 contigu0r4Spogress;—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
Sports Center-West Court
Renovations and Improvements
T
Project No.2012-9151
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 Specification/Special Provisions
Addenda(s)
Drawings/Plans
6.2 There are no Contract Documents other than those listed in this Document 00520,Article 6. Document 00320
Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied
t-herein--are--not-Contract-Documents ---The- Contract__Documents--may only-=be- amended, -modif ed or=--=-- --- -:-
supplemented as provided in Document 00700(General Conditions).
Article 7. Miscellaneous
7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning
indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or
acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract
Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that
liability of the City is limited and confined to such liability as authorized or imposed by the Contract
Documents or applicable law.
7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the
Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting
Code§4100 et seq.
7.4 The Contract Sum includes all allowances(if any).
7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a
public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights,
title and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C. §15)or
under the Cartwright-.Act(Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business
and Professions Code), arising from purchases of goods, services or materials pursuant to the public works
contract or the subcontract. This assignment shall be made and become effective at the time City tenders final
payment to Contractor,without further acknowledgment by the parties.
7.6 Copies of the general prevailing rates of per diem wages for each craft, classification,or type of worker needed
to execute the Contract,as determined by Director of the State of California Department of Industrial Relations,
are deemed included in the Contract Documents and on file at City's office,or may be obtained of the State of
California web site http://www.dir.ca.gov/DLSR/PWD/Northem.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,
City of Cupertino 00520-4 Contract
Sports Center-West Court
Renovations and Improvements
Project No.2012-9151
terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or
affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be
waived,they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid
and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable
law. In the event any provision not otherwise included in the Contract Documents is required to be included by
any applicable law, that provision is deemed included herein by this reference(or, if such provision is required
to be included in any particular portion of the Contract Documents, that provision is deemed included in that
portion).
7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa
Clara, State of California, and governed in all respects by California law(excluding choice of law rules). The
exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby
waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action
or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims
Procedure in Document 00700,Article 12,established under the California Government Code,Title 1,Division
Chapter
City of Cupertino 00520-5 Contract
Sports Center-West Court
Renovations and Improvements
ry
Project No.2012-9151
IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year
first above written.
SPORTS CENTER-WEST COURT RENOVATIONS AND IMPROVEMENTS PROJECT
CITY: CONTRACTOR:
CITY OF CUPERTINO,a Municipal Corporation of the Guerra Const action Group,a California Corporation
State of California
By:
Signature]
Attest:
dc),Uwe bioufn
L Please print name here]
City Clerk: Grace Schmidt
ppro d as'to form by CiWAttorney: Title:
If Corporation: Chairman,President,or Vice President]
A,
City orney: carurCorade By:
Signature]
I hereby certify,under penalty of perjury,that David Brandt, Please print naive here]
City Manager of the City of Cupertino was duly authorized
to execute this document on behalf of the City of Cupertino. Title:
If Corporation: Secretary,Assistant Secretary,
Chief Financial Officer,or Assistant Treasurer]
Dated: I cs Sq4 4J
State Contractor's License No. Classification
d'David Brandt,City Manager of the City of Cupertino,a Expiration Da
Municipal Corporation of the State of California
Designated Representative: Taxpayer ID No. l o(D(3000 3(V
Name:Timm Borden Name:Va l m e C-1 4 a ra
Title:Director of Public Works Title: P r-es`eler,1
Address: 10300 Torre Ave., Cupertino, CA 95014 Address:9 8 McmoY-,ex bP- qV1 9)v
Phone:408-777-3354 Phone: 0 0'209 26 Z
Facsimile:408-777-3333 Facsimile:
AMOUNT: $ 894,200.NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A
ACCOUNT NUMBER:580-90-896-900-905-SPOT 002- CORPORATION, CORPORATE SEAL AND CORPORATE
03-01 $110,000; 420-90-904-900-905-SPCT 003-03-01
NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE
REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY
784,200 NO.IS REQUIRED
FILE NO.: 92,053.06
END OF DOCUMENT
City of Cupertino 00520-6 Contract
Sports Center-West Court
Renovations and Improvements
y
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Santa Clara
On July 29, 2015 before me, Lydia E Arroyo Reynolds, Notary
insert name and title of the officer)
personally appeared Jaime S Guerra
who proved to me on the basis of satisfactory evidence to be the persons whose nameW) is/,@ °
subscribed to the within instrument and acknowledged to me that he/ executed the same in
his/ham-^d-p authorized capacity(; }, and that by hisftrr signature(s) on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of,the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. LYDIA E.ARROYO-REYNOLDS
COMM. x#2094483, zoNotaryPublic•California oZSantaClaraCounty
Comm. res Dec.21,2018
Signature Seal)
Carztraotor's Name: Guerra Construction Group
EXHIBITA
Project No,2012-9151
ADDENDUM NO. 1
DOCUNMNT 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
TRIS BID IS SUBMITTED BY:
Guerra Construction Group
Firm/Cbmpany Name
Re: PROJECT•NU11MER 2012-915I:
SPORTS CENTER-WEST COURT RENOVATIONS AND IM.PRO'VEMENTS
1. Ilia undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contraot with the City cif
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 hi this Bid. and in accordance with all other terms and conditions of the Contract
Documents, All portions of this Bid Form must be comp,loted 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 tho terms and conditions of the Contract Doculmnts,Document 00100(Advertisement for
Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the
disposition of Bid Security, This Did will remain sub aO to acce mance for 90 Da.s 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
cliscovered in or.ninong 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. Bidder attended the 11re-Bid Meeting,
YES X INTO
6. Subcontractors for work included in all Bid items,in accordance with the criteria in the Public Contract Codo,
are listed on the attachod Document 00430(Subcontractors List),
7. The undersigned Bidder understands that City reserves the right to reject this Bid.
8. If written notico of the acceptance of this Bid,hereinafter referred to as Notice of Award,is mailed or delivered
to tho 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 doclunents required by
Docunnait 00200(Instructions to Bidders)within the tinges specified therein.These documents include,but are
not litnited to,Docurneht 00520(Contract),Doculbont 00610(Construction Performance Bond),and Document
00620(Construction Labor and Material Payrnent Bond),
9, Notice of Award or request for additional infor.Lnation may be addressed to the undersigned Bidder at the
address set forth below on the signature page.
City of Cupertino B W Form
Sports Center-West Court 00400-1
itenovations and Inrnp ovements ADDENDUM NO. I
EXHIBIT
Contractor's Name;Guerra Construction Group Project No.2012-9 15 1
A.DPENDUM NO. 1
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 Base Bid and inade payable to the"City of Cupertino".
11. The undersigned Bidder agrees to commence Work under the Contract Docutnents on the date established in
Document 00700(General Conditions)and to complete all work within the tilne specified in Document 00520
Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify 1110
commencement date. The undersigned Bidder fiu•ther 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 openhig.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), Iiquidated
for..failure .to .complete.--all:-Work in.the...:Contraet..w.ithin the thne._..specified.li Document..-O-0.520. ._ .._
Contract)shall be as set forth in Document 00520(Contract).
NOTICE,
Required Contractor and Subcontractor Registration [Appfies ,
if Bid is submWed on or after March 1, 2015 or if Contract is
awarded on or gfterAril 1, 20.151
1.. Owner shall accept Bids only from Bidders that (along
with all Subcontractors listed in Document 00430,
Subcontractors , List) are currently registered and
qualified to perform public work pursuant to Labor
Code Section 1725.5,
2. Subject to Labor Code Sections 1771.1(c) and (d), any
Bid not complying with paragraph, above, shall be
returned and not considered; provided that if Bidder is a
joint 'venture (Business & Professions Code Section
7029.1_) or if federal funds are inNA ed in the Contract
Labor Code Section I771.1(a)), Owner may accept a
non-complying Bid provided that Bidder and all listed
Subcontractors -are registered -at; the time of Contract
award.
City of*Cupertino Bid Forin
Sports Center-Vilest Court 00400-2
Renovations and Rnprovetnents ADDENDUM NO, I
EXHIBIT A
Contractor's Name: Guerra Construction Group Project No,2012-9151
ADDENDUM NO. I
SCHEDULE OF BID PRICES
All Bid items,including lump sums and unit prices,inust be filled in completely, Allowances and Alternative Bid itetiis
are described in Document 00700(Special Conditions), Quote in figures only,unless words are specifically requested,
Please Note that time extensions 1011 NOT be permitted with the acceptance of.any or all of the Alternative Bid
Items listed"
SPEC
below.'
EST. UNITITEMRI_F DESCR]pT109' UNIT- QTY PRICE TOTAL; -
1 Complete all work for the Sports Center-r-
West Court Renovations and Improvements LS I e"Jlze,Q
Pro act
TOTAL, BASE BID
Ammat In 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
City of Cupertino Bid Fonn
Sports Center-West Court 00400-3
Renovations and IiL z3proveinnents ADDENDUM NO. X
Contractor's Name: Guerra Construction Group
EXHIBIT A
Project Na 2012-9151
ADDENDUM NO. 1
ACKNOWLEDGE AUNT OF RECEIl'T OF ADDENDUMS
Bidder herby aclaiowledges eeeeipt and examination of all Contract Documents and the following Addenda;
Addendum No.Addendum Date
1 7/6/15
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 motley listed in this Bid Form,
1o1A [Ori:DYDDEIZ: —.Guerra--Construct.i.on _Group
licensed in accordance wil-h alb.act fol the registration of Contractors,and with license number: 915544
Expiration Date;
California
Jaime Guerra- President
Where incorporated,if applicable
Jaime Guerra- Secretary
Jaime Guerra- Manager
Principals
I certify(or declare)under penalty of perjury under the laws of the Sta e ifornia that the foregoing is true
and correct.
Sign,tui' o Bidden'Juan Luis P. Corte z-
Manager
NOTE: If Bidder is a corporation,set forth the legal namo of the corporatl n,st a where incorperated,together with the
signature of the olTicer or officers authorized to sign contracts on behalf of iporation.If Bidder is apartnership,set
forth the naive of the firm together with the signature of the partner or partners authorized to sign contracts on bolialf of
the partnership,
Business Address: 964 Memorex Dr.
Santa Clara, CA 95050
Officers authorized to sign contracts: Jaime Guerra
Typed Full Marne:
Teleplione Number(s):408-279-2027
Fax Number(s): 408-279-2044
E-Mail Addwgs: admin@guerraco.com
END OF DOCUMENT
City of Cupertino Bid Form
sports Center-West Count 00400-4
Renovations and Improvements ADDENDUM NO. 1
EXH I B.IT A
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Santa Clara
On July 14, 2015 before me, Lydia E Arroyo Reynolds, Notary
insert name and title of the officer)
personally appeared Juan Luis Prieto Cortez Jr,
who proved to me on the basis of satisfactory evidence to be the person}whose nameW islBw
subscribed to the within instrument and acknowledged to me that he/sh&theq•executed the same in
hislbe4thf-4 authorized capacity(4es}, and that by hislh 9w-4r signature(o on the instrument the
personal, or the entity upon behalf of which the person)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal, o COMM. V-2094433
L Not&y Public •+1ifornia
201r
Signature Seal)
,;_, IS- 120
CoCwcAcc� ��. ( r Ii
✓j Project No. 2012-9151
DOCUMENT 40430
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 '/2 of one percent (.05%) of the Base Bid or ten thousand
dollars ($10,000), whichever is greater, 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.
Name of Subcontractor
and Location of Place of
Business
Description of
Work
Subcontractor's
License No.
DIR Registration
Number
�
imAnTwe��
1���1
tci�(��"I22
v"`'1�nffi' (GI 9 e
601 ko
�J Uc rocs
Attach additional sheets if necessary
City of Cupertino 00430-1 Subcontractors List
Sports Center -West Court
Renovations and Improvements
E' "PIffll Io'2Q'12`9I51
NOTICE:
Required Contractor and Subcontractor Registration [Applies rBld is submitted on or after March
1,2015 or#Contract is awarded on or after April.1,20151
1) Owner shall accept Bids only from Bidders that(along with all Subcontractors listed in Document
00430, Subcontractors List)-are currently registered and qualified to perform public work pursuant
to Labor Code Section 1725.5.
2) Subject to Labor Code Sections 1771.1(c) and (d), any Bid not complying with paragraph above,
shall be returned and not considered; provided that if Bidder is a joint venture (Business &
Professions Code Section 7029.1) or if federal funds are involved in the Contract (Labor Code
Section 1771.1(x)), Owner may accept a non-complying Bid provided that Bidder and all listed
Subcontractors are registered at the.time of Contract award.
END Or DOCUMENT
City of Cupertino 00430-2 Subcontractors List
Sports Center-West Court
Renovations and Improvements
i
EXHIBIT
Project No.2012-9151
DOCUMENT 00481
NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE §7106
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA
ss.
COUNTY OF Santa Clara
Jaime guerra being first duly sworn, deposes and says that lie or she is
President Office of Affiant] of Guerra Construction Group Name of .
Bidder],the party making the foregoing Bid,that the Bid is not made in the interest of,or on behalf of,any undisclosed
person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or
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 fiom 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 Inas not, directly or indirectly; submitted its Bid price or any breakdown thereof, or the contents
thereof, or divrilged 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 perjury under the laws of the State of California:
Guerra Construction Group
Name of idd r
Signat ( of `ncipal) Juan Luis P. Cortez- Manager
Subscribed and sworn before me
This day of 20
SEE ATTACHED
Notary Public of the State of
In and for the County of
My Commission expires 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
inust 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
Cupertino Sports Center-West Court
Renovations and Improvements
EXHIBIT A
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached,and not the truthfulness, accuracy, or
validity of that document.
State of California
Santa ClaraCountyof
On July 14, 2015 before.me, Lydia E Arroyo Reynolds, Notary
insert name and title of the officer)
personally appeared Juan Luis Prieto Cortez Jr.
who proved to me on the basis of satisfactory evidence to be the persono whose named islwe
subscribed to the within instrument and acknowledged to me-that he&-helthey executed the same in
his/-he authorized capacity(4e*, and that by hisffveMerr signaturew on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. LYDIA
42094483LDS
Notary Public•California
z santa Clara Coply
I i COMM, Dw.21420181
Signature Seal)
GUERR-8 OP ID: YV
MMID
CERTIFICATE O F LIABILITY INSURANCE
DATE
07I2I22212
IY
01 55
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.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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
certificate holder in lieu of such endorsement(s).
CONTACTPRODUCERPhone:408-288-6262 NAME:
Leavitt Pacific Ins.Brokers Fax:408-298-7635 PHONE FAX
License#OD79674 AIC No Ext): AIC No):
1330 S. Bascom Ave. E-MAIL
ADDRESS:
San Jose, CA 95128
Nicholas A.Weintraub INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA:Ironshore Specialty Ins.Co. 25445
INSURED Guerra Construction Group INSURER B:West American Insurance Co 44393
Santa Clara Construction&
INSURER C:Redwood Fire&Casualty Ins Co 11673
Engineering,Inc.
984 Memorex Drive INSURER D:Mercer Insurance Company 14478
Santa Clara,CA 95050 INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: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 OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
POLICY EFF POLICY EXP
LIMITSLTRINSRWVDPOLICYNUMBERMMIDDIYYYYMMIDDIYYYY
GENERAL LIABILITY EACH OCCURRENCE 11000,000
A X COMMERCIAL GENERAL LIABILITY X AGS0000804 0410112015 04/0112016 DAMAGETO RENTED 500000PREMISESfEaoccurrence $
CLAIMS-MADE FX_1 OCCUR MED EXP(Any one person) $ 5,000
PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000
POLICY X PEO Loc Emp Ben. 1,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000Eaaccident
B X ANY AUTO X BAW56321564 04101/2015 04/0112016 BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $AUTOS AUTOS
HIRED AUTOS
NON-OWNED PROPERTY DAMAGE
AUTOS Per accident
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 4,000,000
D EXCESS LIAB CLAIMS-MADE 273013160 04101/2015 0410112016 AGGREGATE 4,000,000
DED I X I RETENTION$ 10000
WORKERS COMPENSATION X WCSTATU- OTH-
AND EMPLOYERS'LIABILITY TORY LIMITS ER
C ANY PROPRIETORIPARTNER/EXECUTIVE
Y N X GUWC601356 04/0112015 04/01/2016 E.L.EACH ACCIDENT 1,000,000
OFFICERIMEMBER EXCLUDED?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
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Cupertino Sports Center City of Cupertino its subsidiary agencies,directors,
officers, employees, agents,independent contractors and volunteers are named
as additional insured per GL form CG2010 & CG2037 attached. Re: Cupertino
Sports Center Tennis Courts (west side) 21111 Stevens Creek Boulevard
Cupertino CA 95014 Waiver of Subrogation applies & attached.
CERTIFICATE HOLDER CANCELLATION
CITCUPE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS.
10300 Torre Ave
Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE
NN .
1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05)The ACORD name and logo are registered marks of ACORD
POLICY NUMBER.-AGS0000804 COMMERCIAL GENERAL LIABILITY
CG 2010 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- O'W'NERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(sl Of Covered Operations
Additional Insureds shown in a written contract,or written Any location.
agreement that includes primary and non-contributory
wording.
The inclusion of one or more insured under the terms of
this endorsement does not increase our limits of liability.
All other terms and conditions remain unchanged.
lnformatiort fe aired to corn lefie this Schedule,if no#shown above,will be spawn in the Declarations.
A. SECTION II—WHO IS AN INSURED is amended B. With respect to the insurance afforded to these
to include as an additional insured the person(s)or additional insureds, the following additional
organization(s) shown in the Schedule, but only exclusions apply:
with respect to liability for"bodily injury",`.property This insurance does not apply to "bodily injury"ordamage" or "personal and advertising injury" property damage"occurring after:caused,in whale or in part,by:
4. All work, including materials, parts or1. Your acts or omissions;or
equipment furnished in connection with such
2_ The acts or omissions of those acting on your work, on the project (other than service,
behalf;maintenance or repairs) to be performed by or
in the performance of your ongoing operations for on behalf of the' additional insured(s) at the
the additional insured(s) at the iocation(s) location of the covered operations has been
designated above_ completed;or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
CG 20 10 07 04, e0 ISO.Properties,Inc_,2004 Page 1 of i p
POLICY NUMBER: AGS0000804 COMMERCIAL GENERAL.LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL. INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modes insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Mame Of Additional Insured Person(s)
Or Or anizatioti s : Location And Description Of Completed Operations
Additional Insureds shown in a written contract,or The insurance afforded by this policy for the benefit of
written agreement that includes primary and the additional insured does not apply to
non-contributory wording where required.property damage'to any building,structure or
appurtenant structure intended to be occupied as
The inclusion of one or more Insured under the terms of
a'private residence'.The term"private residence"
this endorsement does not increase our limits of includes single family homes or residences,
liability. multi-family homes or residences.
All other terms and conditions remain unchanged.
information re hired to complete this Schedule,if not shown above,will be shown in the Declarations_
Section it — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule,but only with
respect to liability for,"bodily injury" or "property
damage"caused,in whole or in part, by "your work"
at the location designated and described in the
schedule of this endorsement performed for that
additional insured and included in the
products-completed operations hazard".
CG 20 37 07 04 O ISO Properties, Inc.,2004 Page S of i
1
BAW56321564 COMMERCIAL AUTO
CA 88 10 01 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified
by the endorsement.
COVERAGEINDEX
SUBJECT PROVISION NUMBER
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3
ACCIDENTAL AIRBAG DEPLOYMENT 12
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19
AMENDED FELLOW EMPLOYEE EXCLUSION 5
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13
BROAD FORM INSURED 1
BODILY INJURY REDEFINED 22
EMPLOYEES AS INSUREDS (including employee hired auto) 2.
EXTENDED CANCELLATION CONDITION 23.
EXTRA EXPENSE- BROADENED COVERAGE 10
GLASS REPAIR-WAIVER OF DEDUCTIBLE 15
HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6
HIRED AUTO COVERAGE TERRITORY 20
LOAN I LEASE GAP 14
PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE)16
PERSONAL EFFECTS COVERAGE 11
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE S
RENTAL REIMBURSEMENT g
SUPPLEMENTARY PAYMENTS 4
TOWING AND LABOR 7
TWO OR MORE DEDUCTIBLES 17
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18
WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 20
SECTION 11-LIABILITY COVERAGE is amended as follows:
1. BROAD FORM INSURED
SECTION 11 - LIABILITY COVERAGE,paragraph A.1. - WHO IS AN INSURED is amended to include
the following as an insured:
d. Any legally incorporated entity of which you own more than 50 percent of the voting stock
during the policy period. However, "insured" does not include any organization that:
1) Is a partnership or joint venture; or
2) Is an insured under any other automobile policy; or
3) Has exhausted its Limit of Insurance under any other automobile policy.
Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in
excess of this policy.
e. Any organization you newly acquire or form, other than a partnership or joint venture, of which
you own more than 50 percent of the voting stock_ This automatic coverage is afforded only for
180 days from the date of acquisition or formation. However, coverage under this provision
does not apply:
1) If there is similar insurance or a self-insured retention plan available to that organization;
Q) 2013 Liberty Mutual Insurance
CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 7
2) If the Limits of Insurance of any other insurance policy have been exhausted; or
3) To 'bodily injury" or "property damage" that occurred before you acquired or formed the
organization.
2. EMPLOYEES AS INSUREDS
SECTION ll - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include
the following as an insured:
fi. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but
only for acts within the scope of their employment by you. Insurance provided by this endorse-
ment is excess over any other insurance available to any "employee".
g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract
or agreement in that "employee's" name, with your permission, while performing duties re-
lated to the conduct of your business and within the scope of their employment. Insurance
provided by this endorsement is excess over any other insurance available to the "employee".
3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION 11 - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include
the following as an insured:
h. Any person or organization with respect to the operation, maintenance or use of a covered
auto", provided that you and such person or organization have agreed in a written contract,
agreement, or permit issued to you by governmental or public authority, to add such person, or
organization, or governmental or public authority to this policy as an "insured".
However, such person or organization is an "insured":
1) Only with respect to the operation, maintenance or use of a covered "auto';
2) Only for "bodily injury" or "property damage" caused by an "accident" which takes
place after you executed the written contract or agreement, or the permit has been
issued to you; and
3) Only for the duration of that contract, agreement or permit
4. SUPPLEMENTARY PAYMENTS
SECTION I1 - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para-
graphs (2) and (4) are replaced by the following:
2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required
because of an "accident" we cover. We do not have to furnish these bonds.
4) All reasonable expenses incurred by the insured at our request, including actual loss of earn-
ings up to $500 a day because of time off from work.
5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to
the employer by the workers compensation exclusivity rule, or similar protection, the following
provision is added:
SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury"
results from the use of a covered "auto" you own or hire.
SECTION III-PHYSICAL DAMAGE COVERAGE is amended as follows:
5. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE,is amended
by adding the following:
If hired "autos" are covered "autos" for Liability. Coverage, and if Comprehensive, Specified
Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any
auto" you own, then the Physical Damage coverages provided are extended to "autos":
a. You hire, rent or borrow; or
4 2013 Liberty Mutual Insurance
CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 7
b. Your "employee" hires or rents under a written contract or agreement in that "employee's"
name, but only if the damage occurs while the vehicle is being used in the conduct of your
business,
subject to the following limit and deductible:
A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of;
1) $50,000; or
2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or
3) The cost of repairing or replacing the damaged or stolen property with other property of
like kind and quality, minus a deductible.
B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that
coverage_
C. Subject to the limit, deductible and excess provisions described in this provision, we will
provide coverage equal to the broadest coverage applicable to any covered "auto" you own.
D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the
hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an
actual financial loss.
E. This coverage extension does not apply to:
1) Any "auto" that is hired, rented or borrowed with a driver; or
2) Any "auto" that is hired, rented or borrowed from your "employee".
For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following:
Total .loss" means a "loss" in which the cost of repairs :plus the salvage value exceeds the actual
cash value.
7. TOWING AND LABOR
SECTION 111 - PHYSICAL DAMAGE COVERAGE,paragraph A.2. 'Towing, is amended by the addition
of the following:
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered
auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis-
abled:
a. For private passenger type vehicles, we will pay up to $50 per disablement.
b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a
gross vehicle weight (GVW) of 10,000 pounds or less.
c. For"medium trucks" ,we will pay up to $150 per disablement. "Medium trucks" are trucks that
have a gross vehicle weight (GVW) of 10,001 -20,000 pounds.
However, the labor must be performed at the place of disablement.
8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE,is amend-
ed to provide a limit of $50 per day and a maximum limit of $1,500
2473 Liberty Mutual Insurance
CA 8810 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 7
9. RENTAL REIMBURSEMENT
SECTION III -PHYSICAL DAMAGE COVERAGE,A. COVERAGE,is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental
of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss"
under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for
those expenses incurred after the first 24 hours following the "accident" or "loss" to the
covered "auto."
b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many
cases may be substantially less than $75 per day, and will only be allowed for the period of
time it should take to repair or replace .the vehicle with reasonable speed,and similar quality, up
to a maximum of 30 days.
c. We will also pay up to $500 for reasonable 'and necessary expenses incurred by you to remove
and replace your tools and equipment from the covered "auto".
d. This coverage does not apply unless you have a business necessity that other "autos" avail-
able for your use and operation cannot fill.
e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will
pay under this coverage only that amount of your rental reimbursement expenses which is not
already provided under Paragraph 4. Coverage Extension.
f. No deductible applies to this coverage.
For the purposes of this endorsement provision, materials and equipment do not include "personal
effects" as defined in provision 11.
10. EXTRA EXPENSE-BROADENED COVERAGE
Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,we will pay for the expense of
returning a stolen covered "auto" to you. The maximum amount we will pay is$1,000.
11. PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the
following:
If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that
auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal
effects" stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.
B. SECTION V- DEFINITIONS is amended by adding the following:
For the purposes of this provision, "personal effects" mean tangible property that is worn or
carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money.
or securities.
12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow-
ing:
If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for
loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by
manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov-
erage or warranty.
13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT" COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu-
sions 4.c. and 4.d. is deleted and replaced with the following:
2013 Liberty Mutual Insurance
CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 7
Exclusion 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not
designed solely for the reproduction of sound, if the equipment is permanently installed in the
covered "auto" at the time of the "loss" and such equipment is designed to be solely operated
by use of the power from the "auto's" electrical system, in or upon the covered "auto" and
physical damage coverages are provided for the covered "auto"; or
If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with
this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property
will be reduced by a$100 deductible.
14. LOAD!!LEASE GAP COVERAGE
A. Paragraph C. LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is
amended by adding the following:
The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any
one "accident" is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is
subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the
date of the "loss",
b. Financial penalties imposed under a lease due to high mileage,. excessive use or ab;
normal wear and tear,
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or-Disability '
Insurance purchased with the loan or lease,
d. Transfer or rollover balances from previous loans or leases,
e_ Final payment due under a"Balloon Loan",
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss"
of a covered "auto",
g. Security deposits not refunded by a lessor,
h. All refunds payable or paid to you as a result of the early termination of a lease
agreement or as a result of the early termination of any warranty or extended service
agreement on a covered "auto",
i. Any amount representing taxes,
j. Loan or lease termination fees, or
2. The actual cash value of the damage or stolen property as of the time of the "loss".
An adjustment for depreciation and physical condition will be made in determining the actual
cash value at the time of the "loss". This adjustment is not applicable in Texas.
B. ADDITIONAL CONDITIONS
This coverage applies only to the original loan for which the covered "auto" that incurred the
loss serves as collateral, or lease written on the covered "auto" that incurred the loss.
C. SECTION V-DEFINTIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the
actual cash value.
A "balloon loan" is one with periodic payments that are insufficient to repay the balance over
the term of the loan, thereby requiring a large final payment.
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15. GLASS REPAIR-WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the
addition of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
18. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE)
Paragraph D. Deductible of SECTION III - PHYSICAL. DAMAGE COVERAGE is amended by the
addition of the following:
The deductible does not apply to "loss" caused by collision to such covered "auto" of the private
passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by
the manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. In the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
The "loss" must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered "auto" must exceed the deductible shown in the
Declarations.
This provision does not apply to any „loss" if the covered "auto" is in the charge of any person or
organization engaged in the automobile business.
17. TWO OR MORE DEDUCTIBLES
Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage
forms apply to the same accident, the following applies to paragraph D. Deductible:
a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be
waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be
reduced by the amount of the smaller (or smallest) deductible; or
c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or
smallest) deductible will be waived.
For the purpose of this endorsement company means any company that is part of the Liberty
Mutual Group.
SECTION Ill-BUSINESS AUTO CONDITIONS is amended as follows:
18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph 8.2. is amended by adding the following:
If you unintentionally fail to disclose any hazards, .exposures or material facts existing as of the
inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this
policy will not be prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after its
discovery, and we have the right to collect additional premium for any such hazard or exposure.
13. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS
SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the
following,
a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is
known to:
I. You, if you are an individual;
2. A partner, if you are a partnership;
3. Member, if you are a limited liability company;
4. An executive officer or the "employee" designated by the Named Insured to give such
notice, if you are a corporation.
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To the extent possible, notice to us should include:
1) How, when and where the "accident" or"loss" took place;
2) The "insureds" name and address; and
3) The names and addresses of any injured persons and witnesses.
20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery
Against Others to Us, is amended by the addition of the following;
If the person or organization has waived those rights before an "accident" or "loss", our rights are
waived also.
21. HIRED AUTO COVERAGE TERRITORY
SECTION IV- BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is
amended by the addition of the following:
f. For"autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that
the insured's responsibility to pay for damages is determined in a"suit", on the merits, in the
United States, the territories and possessions of the United States of America, Puerto Rico or
Canada or in a settlement we agree to.
This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with
a driver.
SECTION V-DEFINITIONS is amended as follows:
22. BODILY INJURY REDEFINED
Under SECTION V-DEFINTIONS, definition C.is replaced by the following:
Bodily injury" means physical injury, sickness or disease sustained by a person, including mental
anguish., mental injury, shock, fright or death resulting from any of these at any time.
COMMMON POLICY CONDITIONS
23. EXTENDED CANCELLATION CONDITION
COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol-
lows:
If we cancel for any reason other than nonpayment of premium, we will mail to the first Named
Insured written notice of cancellation at least 60 days before the effective date of cancellation. This
provision does not apply in those states which require more than 60 days prior notice of cancella-
tion.
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o
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410B
Ed.9-14)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA
BLANKET BASIS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on such
remuneration. The minimum premium for this endorsement is $350.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
BLANKET WAIVER
Person/Organization Blanket Waiver—Any person or organization for whom the Named Insured has
agreed by written contract to furnish this waiver.
Job Description Waiver Premium
All CA Operations 5214.00
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
The Information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 04/0112015 Policy No. GUWC601356 Endorsement No.
Insured Premium$
Insurance Company Redwood Fire And Casualty Insurance
Countersigned by
WC 99 D4 10B
Ed.9-14)
J
CITY OF
Project No.2012-915.1
C O P E RT t N O 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. 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
Sports Center-West Court
Renovations and Improvements
Project No.2012-9151
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.
4toruobiteSaab--iiity-comprehens ve_covei-ing_ _ CDiubined.single.limit
owned,non-owned and hired automobiles. occurrence.
rUm (U(_-;hon QYou By:
Contractor's Name)
Dated:2015
J
City of Cupertino 00530-3 Insurance Forms
Sports Center-West Court
Renovations and Improvements
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CITY OF
Project No.2012-9151
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:P'WVol CQ n Q_- UY\
Address: Z p G
Description of operations/locations/products insured(show contract name and/or nuinber, if any):
j'l i-Pi n/Its (P 2f ',1 1 fi2d Ld' Sla jS G11,-v reit nC!-iJ f1 rPC 7r's c7l l .S
WORKER'S COMPENSATION * Statutory Min.
r
Employer's
AeJLjoc-A Enc (45t Aty Liability
name of insurer)
1.o O I 60 0 o a
Insurance Company's State License No._ q"`7 -°di's-ion—Mp
Check Policy Type:Each Occurrence ow 0&0
COMPREHENSIVE GENERAL
LIABILITY
Premises/Operations General Aggregate 49,060 060
if applicable)
Owners&Contractors
Protective Aggregate 2- 62-0 Q 0 6
Contractual for Specific
1
Contract Personal Injury
Products Liability
XCU Hazards
Broad Form P.D. Fire Damage (anyone fire) S=eo o o o
Severability of Interest
Clause
Personal Injury with Medical Expense
Employee Exclusion Removed any one person)
o
or Self-Insured
COMMERCIAL GENERAL LIABILITY Retention
Qji4 an 11
name of insurer)
Policy No. _`a,a Expiration Date q l>r ll(
City of Cupertino 00530-4 Insurance Forms
Sports Center-West Court
Renovations and Improvements
Project No.2012-9151
AUTOMOTIVENEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE
Commercial Form Each Person Each Accident
Liability Coverage
Each Accident
S` rYl eri c Y1 • Co.
name of insurer)
or
Combined Single Limit $ . d 6
Policy No. 32 ISS Expiration Date WIN
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
agent's 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 Agreement between the City and the insured.
SnBy: Dated:_ 20 1
Attach Certificate of Insurance and Additional Insured Endorsement on company forms.
City of Cupertino 00530-5 Insurance Forms
Sports Center-west Court
Renovations and.Improvements
d
CITY OF
Project No.2012-9151 .
Lo ADDITIONAL INSURED ENDORSEMENT
and
C U P E RT f N O ENDORSEMENT OF PRIMARY INSURANCE
and
NOTICE OF POLICY
CANCELLATION ENDORSEMENT
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:
The City of Cupertino ("City") and its directors, officers, engineers, agents and employees,
and all public agencies from whom permits will be obtained and their directors, officers, engineers,
agents and employees, and the State of California, and its officers, agents and employees, are
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: `Cp'15 '.I G Rk[
2. Insurance Policy Number: AG5000o5)0q
3. Effective Date of this Endorsement:201-_5
s
4. Insured:
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.
6
I,A/;c--t o le, J-Jy-`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.
City of Cupertino 00530-6 Insurance Forms
Sports Center-west Court
Renovations and Improvements
y
J
Project No.2012-9151
Signature of Authorized Representative: -J" Z
Original signature required on all Endors rents furnished to the District)
Names of
Agent/Agency: W—e.1 k LPaA: P Cf Title: CC'ouM E Xe c
n5• 9ro.et5
Address: _ ( o SC i'VI 19 e Telephone: C?` a?
vt Facsimile: H C. i
City of Cupertino 00530-7 Insurance Forms
Sports Center-West Court
Renovations and Improvements
J
J
CITY of
Project No.2012-9151
COMPREHENSIVE GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
ENDORSEMENT OF AGGREGATE LIMITS OF
C U P E RT I N O INSURANCE PER PROJECT
Project Title and Number: 2 i `"
1 1 Y S Clcnicr NCS
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 eneral—a r to-1im t under L lT-S70 9UR CE–a—applies-separately
toM t ie ro ect-
Y
described as 06r+51 cera f e - vv e-5-F ')t v)`+ P lo-ye'Ang' ' enol
VVI "UrV_a.
POLICY INFORMATION
1. Insurance Company: I P 0!1_56 f e G It G,
2. Insurance Policy Number: oe)o0;RUf
3. Effective Date of this Endorsement: j 2015
4. Insured: LA,6 VYC• rl.t G 'n
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 Torre.Avenue;
Cupertino, California 95014.
d bts /'print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do
so bind this Company.
Signature of Authorized Representative:
Original signature required on all Endorsements furnished to the District)
Names of
Agent/Agency: t`C... i I.-Ct i T Pe c, s`L Title: EMLUT"y'y-- _
Address: M Telephone: o9 L
Facsimile: ljoC g 6-,35
City of Cupertino 00530-8 Insurance Forms
Sports Center-West Court
Renovations and Improvements
CITY OF
Project No.2012-9151
WAIVER OF SUBROGATION ENDORSEMENTEliWORKER'S COMPENSATION INSURANCE
CUPERTINO
Project Title and Number: 2 2 `J 1 Y 5 1 ;tr NP.-}t C- wYi
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
1. Insurance Company: Redct.)net4 c )IJ ('oe
R
2. Insurance Policy Number: 1 ?jS
3. Effective Date of this Endorsement: 20J,&
4. Insured: rr—e . Cone'tra.
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,Califomia 95014.
I, rC Lt 0In's /We r p" 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. N
Signature of Authorized Representative:f
Original signature required on all EndW6erlts furnished to the District)
Names of
Agent/Agency:A&k Lje i rJAP4u I-eAyA Pr.CXC- Title:GC Cil l f 1Ev4 11/e
384L5,fAddress: .C . oM jA Telephone: 6'5' G
S41) `.)6 se
qJs) a.S'Facsimile:
END OF DOCUMENT
City of Cupertino 00530-9 Insurance Forms
Sports Center-West Court
Renovations and Improvements
Executed In Triplicate
Project No.2012-9151
Bond Number:GSM32624
DOCUMENT 00610 Premium:$9,037.00
CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated July 21,2015 is in the penal sum of
Eight Hundred Ninety-Four Thousand Two Hundred-----------------------------------------------------------------------------------------------------------
which is one hundred percent of the Contract Price],
and is entered into by and between the parties listed below to ensure the faithful performance of the Construction
Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12,
attached to this page. Any singular reference to Guerra Construction Group Contractor")
The Gray Insurance Company Surety"), the City of Cupertino, a Municipal Corporation of the
State of California("City")or other party shall be considered plural where applicable.
CONTRACTOR: SURETY:
Guerra Construction Group The Gray Insurance Company
Name Name
984 Memorex Drive 10040 N.25th Ave.,#118
Address Principal Place of Business
Santa Clara,CA 95050 Phoenix AZ 85021
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT:
SPORTS CENTER-WEST COURT RENOVATIONS AND IMPROVEMENTS PROJECT
PROJECT NUMBER 2012-9151
at Cupertino,California.
DATED July 29 2015 in the Amount of$ 894,200.00 the"Penal Sum")
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) I uerra Construction Group Company: (Cor .Seal)The Gay Insurance Company
4
Signature: Signature:
Name and Title:)nAq GuQ.rrd+ Ne&i6ero Name and Title: Danijela Mosunic,Attorney-In-Fact
BOND TERMS AND CONDITIONS
1. Contractor and Surety,jointly and severally,bind themselves,their heirs, executors, administrators, successors
and assigns to City for the complete and proper performance of the Construction Contract, which is
incorporated herein by reference.
2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety
and Contractor shall have no obligation under this Bond.
3. If there is no City Default,Surety's obligation under this Bond shall arise after:
3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the
Construction Contract;and
3.2 City has agreed to pay the Balance of the Contract Sum:
3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract;or
City of Cupertino 00610-1 Construction Performance Bond
Sports Center-West Court
Renovations and Improvements
Project No.2012-9151
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
Sports Center-West Court
Renovations and Improvements
Project No.2012-9151
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.
12.1Balance 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 Construction Contract.
END OF DOCUMENT
City of Cupertino 00610-3 Construction Performance Bond
Sports Center-West Court
Renovations and Improvements
1 1
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Santa Clara
On July 29, 2015 before me, Lydia E Arroyo Reynolds, Notary
insert name and title of the officer)
personally appeared ,Jaime S Guerra
who proved to me on the basis of satisfactory evidence to be the person(d)whose name ]is/
subscribed to the within instrument and acknowledged to me that he%fiefflTey executed the same in
his/ "authorized capacity(4es)-, and that by histhedlWr signature(s) on the instrument the
person , or the entity upon behalf of which the person ) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
ALYDIA E.ARROYO-REYNOLDS
WITNESS my hand and official seal.COMM. #2094483, z
x -
0 Notary Public•California
Santa Clara County
IF Comm. ires Dec.21 2018
Signature Seal)
J i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of
Santa Clara
On July 29,2015 before me, Sarah M.Lorincz,Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Danijela Mosunic
NameX of SignerX
who proved to me on the basis of satisfactory evidence to be the person([ whose namem is/YIX
subscribed to the within instrument and acknowledged to me thatshej#Wexecuted the same in
i [herjo authorized capacity0W and that byXXheXNXsignatureN on the instrument the person(,
or the entity upon behalf of which the personN acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
SARAH M. LORINCZ
Commission# 1980832 Signature
z:` y" Notary Public-California z g
Santa Clara County D Signature of Notary Public
My Comm. Expires Jul 1, 2016
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date: July 29,2015
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer — Title(s): Corporate Officer — Title(s):
Partner — Limited General Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact
Trustee Guardian or Conservator Trustee Guardian or Conservator
Other: Other:
Signer Is Representing: Signer Is Representing:
v
02014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907
s
Executed In Triplicate
Project No.2012-9151
Bond Number:GSM32624
DOCUMENT 00620
Premium Is Included In Performance Bond
CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND("Bond")is dated July 29,2015 ,is in the
penal sum Eight Hundred Ninety-Four Thousand Two Hundred--------------------------------------------------------------------------------------------
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
Guerra Construction Group Contractor"), The Gray 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:
Guerra Construction Group The Gray Insurance Company
Name
984 Memorex Drive 10040 N.25th Ave.,#118
Address Principal Place of Business
Santa Clara,CA 95050 Phoenix AZ 85021
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT:
SPORTS CENTER-WEST COURT RENOVATIONS AND IMPROVEMENTS PROJECT
PROJECT NUMBER 2012-9151
at Cupertino,California.
DATED July 29 20 15 in the Amount of$ 894,200.00 the"Penal Sum")
CONTRACTOR AS PRINCIPAL SURETY
Company:.Cor .Seal Guerra Construction Group Company: (Col.
Seal)The Gray Insurance Company
Signature: Signature:
Name and Title: JaMQ Gue.Yra Name and Title: Danijela Mosunic,Attomey,=ln-Fact
BOND TERMS AND CONDITIONS
Contractor and Surety,jointly and severally, bind themselves,their heirs, executors, administrators, successors
and assigns to City and to Claimants, to pay for labor, materials and equipment furnished" for-use in the
performance of the Construction Contract,which is incorporated herein by reference.
2. With respect to City,this obligation shall be null and void if Contractor:
2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants;and
2.2 Defends,indemnifies and holds harmless City from all claims,demands,liens or suits by any person or
entity who furnished labor, materials or equipment for use in the performance of the Construction
Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the
signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such
claims,demands,liens or suits to Contractor and Surety,and provided there is no City Default.
3. With respect to Claimants,this obligation shall be null and void if Contractor promptly makes payment,directly
or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors,
City of Cupertino 00620-1 Construction Labor and Material Payment Bond
Sports Center-West Court
Renovations and Improvements
Project No.2012-9151
however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due
under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for
any amounts required to be deducted, withheld, and paid over to the Employment Development Department
from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code, with respect to such Work and labor,then Surety shall pay for the same, and also, in case suit
is brought upon this Bond,a reasonable attorney's fee,to be fixed by the court.
4. Consistent with the California Mechanic's Lien Law,Civil Code §3082,et seq., Surety shall have no obligation
to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements.
5.Surety's total obligation shall not exceed the amount of this Bond,and the amount of this Bond shall be credited
for any payments made in good faith by Surety under this Bond.
6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under
any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this
Bond.
7. City shall not be liable for payment of any costs,expenses,or attorney's fees of any Claimant under this Bond,
and shall have under this Bond no obligations to make payments to,give notices on behalf of,or otherwise have
obligations to Claimants under this Bond.
8.Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related
subcontracts,purchase orders and other obligations. Surety further hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be
performed thereunder,or materials or equipment to be furnished thereunder or the Specifications accompanying
the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of
notice or any such change,extension of time,alteration or addition to the terms of the Construction Contract or
to the Work or to the Specifications or any other changes.
9.Suit against Surety on this Bond may be brought by any Claimant,or its assigns,at any time after the Claimant
has furnished the last of the labor or materials,or both, but, per Civil Code §3249,must be commenced before
the expiration of six months after the period in which stop notices may be filed as provided in Civil Code
3184.
10. All notices to Surety or Contractor shall be mailed 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
Sports Center-West Court
Renovations and Improvements
d
Project No.2012-9151
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
Sports Center-West Court
Renovations and Improvements
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Santa Clara
On July 29, 2015 before me, Lydia E Arroyo Reynolds, Notary'
insert name and title of the officer)
personally appeared Jaime S Guerra
who proved to me on the basis of satisfactory evidence to be the person(g) whose name f is/RWE
subscribed to the within instrument and acknowledged to me that he/siT&IMe7 executed the same in
authorized capacity(, and that by hisi%redth -r signature ] on the instrument the
personM, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. LYDIA E.ARROYO-REYNOLDS
4 COMM. #2094483_ z
Notary Public-California o
z Santa Clara.County
o iComm.'Ex ires Dec.21,2018
llonoSignatureSeal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of
Santa Clara
On July 29,2015 before me, Sarah M.Lorincz,Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Danijela Mosunic
NameN of SignerX
who proved to me on the basis of satisfactory evidence to be the personX whose name( is/YZK
subscribed to the within instrument and acknowledged to me thatsheexecuted the same in
i (herd uthorized capacityaW and that byXXheXB6XsignatureN on the instrument the person(K,
or the entity upon behalf of which the personN acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.IJea,.SARAH M. LORINCZ
Commission# 1980832
Notary Public-California a Signature
Santa Clara County Signature of Notary Public
My Comm.Expires Jul 1,2016
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date: July 29,2015
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
El Corporate Officer — Title(s): Corporate Officer — Title(s):
Partner — Limited General Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact
Trustee Guardian or Conservator Trustee Guardian or Conservator
Other: Other:
Signer Is Representing: Signer Is Representing:
2014 National Notary Association-www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907
THE GRAY INSURANCE COMPANY
THE GRAY CASUALTY&SURETY COMPANY 192364
GENERAL POWER OF ATTORNEY
KNOW ALL BY THESE
p
PRESENTS,THAT-The Gray Insurance Company and The Gray,Casualty&Surety Company,corporations duly
organized and existing under the laws of Louisiana,and having their principal offices in Metairie,Louisiana,do'hereby make,constitute,and appoint
Ronald G.Speno,Francis E.Cools and Danijela Mosunic of San Jose,California jointly or severally on behalf of each of the Companies named
above its true and lawful Attorneys)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its deed,bonds,,or other writings
i obligatory in the nature of a bond,as surety,contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,
s provided that no bond or undertaking or contract of suretyship-executed under this authority shall exceed the amountof$10,000,000.
This Power of Attorney is anted and is signed b facsimile under and b the authority of the following Resolutions adopted b the/Boards ofY ' g Y Y Y g p Y /
Directors of both The Gray Insurance Company and The Gray Casualty&Surety Company at meetings duly called and held on the 261h day of June,
j 2003.rF
RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary be and each or any,of them hereby is
authorized to execute a;power of Attorney qualifying the attorney namedin the given Power of Attorney to execute on behalf of the Company bonds,
undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney,and I;
to attach the seal of`t e Company;and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or
j to/any certificate relating thereto by facsimile,and any such Power of Attorney or.certificate bearing such facsimile signature or facsimile seal shall
b binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or,contract of surety to which it is
attached.' i
IN'WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto
affixed,and these presents to be signed by their authorized officers this 12th day ofSeptember,2011.
e
5%JR A N By: Attest: s F.
Q.
SEAL1SEAL ;
V Michael T.Gray Mark S.Manguno s 3
i' y:,•President,The Gray Insurance Company Secretary, may••. 2
s and The Gray Insurance Company,
Vice Presiden1t,The Gray Casualty&Surety Company
The Gray Casualty&Surety Company
State of Louisiana
ss:
Parish of Jefferson
f On this 12th day of September,2011,before me,a Notary Public,personally appeared Michael T.Gray,President of The Gray Insurance Company
and Vice President of The Gray Casualty&Surety Company,and Mark S.Manguno,Secretary of The Gray Insurance Company and The Gray
Casualty&Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed
the seals of the companies
las
officers of,and acknowledged said instrumentlto be the voluntary act and deed,of their companies. f
e
OT r •i _ i
Lisa S.Millar,Notary Public,Parish of Orleans'i j
pUBUC . State of Louisiana
I F of i o```° My Commission is for Life I
I I,Mark S.Manguno,Secretary of The Gray Insurance Company and The Gray Casualty&-Surety Company,do hereby certify that the above and
I forgoing is a true-and correct copy of a Power,of Attorney given by the companies,.which is still in full,force and effect.
J
IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 29th dayof July 2015
g U R A•N C JP T Y•.$
SGS P
SEAL SEAL r \ Mark S.Manguno,Secretary
t tiAL0.6 The Gray Insurance Company
1 ••....
i••''
T
J The Gray Casualty&Surety Company i
f
m
i.
1
Project No.2012-9151
DOCUMENT 00630
GUARANTY
TO THE CITY OF CUPERTINO,a Municipal Corporation of the State of California("City"),for construction of
SPORTS CENTER-WEST COURT RENOVATIONS AND IMPROVEMENTS
PROJECT NUMBER 2012-9151
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 of its obligations under the Contract Documents. Even though
equipment,materials,or Work required to be provided under the Contract Documents have been inspected,accepted,and
estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work
found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the
guaranty period.
All abbreviations and definitions of terms used in this Agreement.shall have the meanings set forth in the Contract
Documents,including,without means of limitation,Section 00700(General Conditions).
The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and
not in lieu of,any and all other liability imposed on Contractor under the Contract Documents and at law with respect to
Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or
inconsistency b ween the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract
Documents or at w, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the
Contractor
ogtractor's Name
A/d'dress
6_X6 l)sb i
City/State/Zip Date
END OF DOCUMENT
City of Cupertino 00630-1 Guaranty
Sports Center-West Court
Renovations and Improvements