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15-212 TKO General Engineering and Construction, McClellan Ranch West - Simms House Removal Project No. 2016-06RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 DOCUMENT: 23214953 If II JI 111111111 II 111111 II REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City Fees .. Taxes ... Pages: 4 5.00 Copies. . ___ _ AMT PAID 5.00 RDE tt 026 2/05/2016 10: 40 AM (SP ACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27283 NOTICE OF COMPLETION AND NOTICE OF ACCEPTANCE CITY PROJECT NAME: MCCLELLAN RANCH WEST -SIMMS HOUSE RENEWAL (CITY PROJECT NO: 2016-06) ~ Original D For Fast Endorsement "NO FEE" City of Cupertino NOTICE OF COMPLETION AND NOTICE OF ACCEPTANCE 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 and Notice of Acceptance dated February 4, 2016, for CITY PROJECT NAME: MCCLELLAN RANCH WEST-SIMMS HOUSE RENEWAL (CITY PROJECT NO: 2016-06) and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on February 4, 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: February 4, 2016 By: J ,.,,. "'-(J ~-xz:~~ Kirsten Squarcia Deputy City Clerk 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: _:{_ Fee Ownership Lessee Other:. __________ _ 5. Construction work on the project performed on the owner's behalf is generally described as follows: City Project Name: (City Project No.: McClellan Ranch West -Simms House Removal 2016-06) Demolish the Simms House and regrade the site to conform to adjacent existing natural grade. 6. The name of the original contractor for the project is: TKO General Engineering and Construction, Inc .. 7. The project was completed on: ---'F--'e"""b,_,_r=ua=r_,_y_4,_,_, -=2=0-"-1 =6 _______________ _ 8. The project is located at: ____ 2=2=2=-4,_,1-'M..:..:.c"'"'C=l=e=lla=n"'-'R'--'-d=.'-'-' -=C-=u"'-pe=r..=.oti'--'-no"'"',c.....;C=A.-:....=.9=50=-1-'-4'----- 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 4, 2016; Santa Clara County ~Ill'-----. Date and Place ~ Timm Borden Director of Public Works and City Engineer++ CITY OF CUPERTINO CITY HALL 10300 TORRE AVENUE -CUPERTINO, CA 95014-3266 (408) 777-3354 -FAX (408) 777-3333 CUPERTINO NOTICE OF ACCEPTANCE PROJECT NAME: McClellan Ranch West - Simms House Removal City Project Number 2016-06 Owner: City of Cupertino 10300 Torre A venue Cupertino, CA 95014 Direct Contractor: TKO General Engineering and Construction, Inc. Site Location: 22241 McClellan Rd. Cupertino, CA 95014 12750 La Honda Rd. Woodside, CA 94062 Work Description: Demolish the Simms House and regrade the site to conform to adjacent existing natural grade. Contract Date: December 21, 2015 Date of Project Acceptance: February 4, 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 [Notice of Accept underl 75.150903] February 4, 2016 Date Project No. 2016-06 DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS McCLELLAN RANCH WEST -SIMMS HOUSE REMOVAL PROJECT NUMBER 2016-06 THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and entered into this l \ day of February, 201.Q, by and between the City of Cupertino ("City"), and TKO General Engineering and Construction, Inc. ("Contractor"), whose place ofbusiness is at 12750 La Honda Rd., Woodside, CA 94062. RECITALS A. City and Contractor entered into Contract #2016-411 (the "Contract"). B. The Work under the Contract has been completed. Now, therefore, it is mutually agreed between City and Contractor as follows: AGREEMENT 1. Contractor will not be assessed liquidated damages except as detailed below: n/a Original Contract Sum $ 84,585.93 Modified Contract Sum Payment to Date $ 80,356.63 Liquidated Damages $Q Payment Due Contractor $ 4,229.30 2. Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of Four Thousand Two Hundred Twenty-Nine Dollars and Thirty Cents ($ 4.229.30) 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 McClellan Ranch West Simms House Removal 00650 -l Agreement and Release of Any and All Claims Project No. 2016-06 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 No Known Claims 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 ldnd or natme arising out of or in any way concerned with the Work under the Contract 6. Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Documents. 7. Contractor shall immediately defend, indemnify and hold harmless the City of Cupertino, Santa Clara County, its Architect, any of their Representatives, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims set forth in paragraph 4 of this Document 00650. 8. Contractor hereby waives the provisions of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor. 9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, rnling, 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 McClellan Ranch West Simms House Removal 00650 - 2 Agreement and Release of Any and All Claims Project No. 2016-06 * * * CAUTION: THIS IS A RELEASE -READ BEFORE EXECUTING * * * THE CITY OF CUPERTINO, a Municipal Corporation of the State of Califomia By:~~­ TimmBorden Director of Public Works Date: z./z<{JJ {o ( , TKO General Engineering and Construction, Inc. --~~ By:~~~ Name: ~cl f:. afe/l .. Its: \JV REVIEWED AS TO FORM: City of Cupertino McClellan Ranch West Simms House Removal END OF DOCUMENT 00650 -3 Agreement and Release of Any and All Claims Project No. 2016-06 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this .:7::.L_ day of D,,_ ( , 20 !<,by and between TKO GENERAL ENGINEERING AND CONSTRUCTION, INC. whose place of business is located at 12750 La Honda Rd., Woodside, CA 94062 ("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 --11_ day of .../)? C.... , 20~arded to Contractor the following Project: PROJECT NUMBER 2016-06 McCLELLAN RANCH WEST-SIMMS HOUSE REMOVAL 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 Alex Acenas 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 Underwood and Rosenblum, Inc. as the project Engineer. City may change the identity of the Consultant at any time with notice and without liability to Contractor. 2.3 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address( es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3 .1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) within 45 Calendar Days when the Contract Time commences to run. 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 City of Cupertino 00520 - 1 Contract McClellan Ranch West Simms House Removal Project No. 2016-06 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 $2,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve Fina] CompJetion of the entire Work as specified above. 3 .2.2 $3,000 for each occurrence of a violation of Document 00800, Section 1. 7 WORK DAYS AND HOURS. 3.2.3 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 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 repo1is and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5 .2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or City of Cupertino 00520 -2 Contract McClellan Ranch West Simms House Removal Project No. 2016-06 furnishing of Work, as Contractor considers necessary for the performance or furnishing of Wark 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 lmowledge 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 Wark 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 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 therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). City of Cupertino McClellan Ranch West Simms House Removal 00520 -3 Contract Project No. 2016-06 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 oflndustrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northern.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference( or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. City of Cupertino McClellan Ranch West Simms House Removal 00520-4 Contract Project No. 2016-06 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. McCLELLAN RANCH WEST-SIMMS HOUSE REMOVAL CITY: CITY OF CUPERTINO, a Municipal Corporation of the State of California Attest: ~SfJLJt 1~11{-rb City Clerk: Grace Schmidt I hereby certify, under penalty of perjury, that David Brandt, City Manager of the City of Cupertino was duly authorized to execute this document on behalfofthe City of Cupertino. Da · randt, City Manager of the City of Cupertino, a ~Municipal Corporation of the State of California Designated Representative: Name: Timm Borden Title: Director of Public Works Address: 10300 Torre Ave., Cupertino, CA 95014 Phone: 408-777-3354 Facsimile: 408-777-3333 AMOUNT: $ 84,585.93 ACCOUNT NUMBER:420-99-020-900-905-MRW 001-03-01 FILE NO.: 92,022.16 CONTRACTOR: TKO General Engineering and Construction, Inc. By:-:z::= k: ob [Signature] [Please print name here] Title: p/t:'9d) [If Corporation: Chairman , President, or Vice President] By:~~~~~~~~~~~~~~~- [Signature] [Please print name here] Title:------------------ [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] State Contractor's License No. Classification Expiration Date Taxpayer ID No. qi -2 3 71'6 9(? '-4 k /"'\ l Name: ,_ 'VVf '-• Vt) -€/lA Title: lk£> Address:f'oJJ.,xvU> b9¥" ubct(J~tc-tci~~ l',.,v~ c: Phone: t, ~ -ff~/-/;; I 5-· Facsimillf Sl' ""S")-/-931 2 NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT City of Cupertino McClellan Ranch West Simms House Removal 00520 -5 Contract 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 ~ "'\.i..{.q CJ...,r~ ) On J;u, -I '1 < 'l...rt> I(. before me, k,·,.4" kvi.e._~ S1v1uc{5: iJo~~ foJ, ft' c. , Date Here Insert Name and Title of the Officer personally appeared Xi' M ~ · (!) J.. ~ c.t Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persoAM whose name,(SJ. is/are subscribed to the within instrument and acknowledged to me that~she/they executed the same in his/her/their authorized capacity~ and that byjli.§(her/their signatur~ on the instrument the person~, Orthe entity upon behalf of which the person~ acted, executed the instrument. KIRSTEN RENEE SQUARCIA Commission # 2080884 z i , Notary Public -California ~ I Santa Clara County ~ ,, ;~ ~· 0 ,Mj go:v.;x1t•s.O;tuJ'3~1i( Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature~~~ Signature of Notal}lbfiC ---------------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 f',.....j~C/+ Jf•. Title or Type of Document: Lro""-fv"°c.,,t -t..o/~ • ot. Document Date: /)cc · Z.I, 'l-Df...f" Number of Pages: S Signer(s) Other Than Named Above: '/';"\Ari,,( B ,,..,.. "'J.+ Capacity(ies) Claimed by Signer(s) Signer's Name:------------Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -D Limited O General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator D Trustee 0 Guardian or Conservator D Other: _____________ _ D Other: --------------Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A Contractor's Name: TKO General Eng. & Const. Inc DOCUMENT 00400 BID FORM Addendum No. 2 ProjectNo. 2016-06 To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders). TO THE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THIS BID IS SUBMI'ITED BY: TKO General Engineering and Construction Inc. (Finn/Company Name) Re: PROJECT NUMBER 2016-06 McCLELLAN RANCH WEST-SIMMS HOUSE REMOVAL l. The undersigned Bidder prnposes and agrees, if this Bid is accepted, to entel' into a contract with the City of Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non-responsive. 2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100 (Advertisement for Bids), and Document 00200 (Instmctions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subiect to acceptance for 90 Days after the day of Bjd onenb1g. 3. Bidder has visited the Site and petformed all tasks, research, investigation, reviews, examinations, and analysis and given notices, regarding the Project and the Site, as set forth in Document 00520 (Contract), Article 5. 4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereofthmugh Addenda issued by City is acceptable to Contractor. 5. Bidder attended the non-mandatory Pre-Bid Meeting. YES X NO 6. Subcontractors fur work included in all Bid items, in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430 (Subcontraotol's List). 7. The undersigned Bidder understands that City reserves the right to reject this Bid. 8. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidde1· within the time described in paragraph 2 of this Document 00400 01· at any othel' time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents 1·equil'ed by Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not limited to, Document 00520 (Contrnct), Document 00610 (Constmction Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond). 9. Notice of Award 01· request for additional information may be addressed to the undersigned Bidder at the address set forth below on the signature page. City of Cupertino McClellan Ranch West Simms House Removal 00400 ·I Bid Form Contractor's Name: TKO General Eng. & Const. Inc Addendum No. 2 Project No. 2016-06 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 (Insti·uctions to Bidders), in the amount of ten percent (10%) of the total of Base Bid and made payable to the "City of Cupertino". 11. The undersigned Bidder ag1·ees to commence W Ol'k under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520 (Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contmct Documents. 12, The undersigt1ed Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00520 (Contract) shall be as set forth in Document 00520 (Contract). City of Cupertino McClellan Ranch West Simms House Removal 00400-2 Bid Form Contractor'sNarne:TKO General Eng. & Const. Inc NOTICE Addendum No. 2 Pl'OjectNo. 2016-06 Required Contractor and Subcontractor Registration 1. Owner shall accept Bids only from Bidders that (along with all Subcontractors listed in Document 00430, ~t~· ff 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.l(c) and (d), any Bid not complying with the preceding paragraph 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.l(a)), Owner may accept a non-complying Bid provided that Bidder and all listed Subcontractors are registered at the time of Contract award. City ofCupe1·tino McClellan Ranch West Simms House Removal 00400. 3 Bid Form Contractor's Name: TKO General Eng. & Const . Inc SCHEDULE OF BID PRICES Addendum No. 2 Project No. 2016·06 All Bid items, including lump sums and unit prices, must be filled in completely. Allowances and Alternative Bid items are described in Document 00800 (Special Conditions). Quote in figures only, unless words are speoi:floally requested. Please Note that time extensions will NOT be permitted with the acee1ltanee of any or all of the Alternative Bid Items listed below. Demolition of the Simms House as shown in the Plans and as specified in the Specifications, including removal of foundations, retaining walls and site improvements, capping site utility lines and compliance with the City's Construction and Demolition Recycling Diversion Requirements and Instructions 2 Erosion Control Measures as shown in the Plans 3 Site Clearing as shown in the Plans and as specified in the Specifications 4 Excavation as shown in the Plans and as specified in the Specifications s Fill and Backfill as shown in the Plans and as specified in the Specifications 6 Planting as shown in the Plans and as specified in the Specifications SCHEDULE OF ALTERNATES: None Unit Legend LS=Lump Sum BA=Each LF ""Linear Feet TON= Ton or 2,000 Pounds CY"" Cubic Yards LB =Pounds City of Cupertino McClellan Ranch West Simms House Removal LS LS LS CY CY LS 1 412 886 AL = Allowance SF = Square Feet 00400-4 $51,523.97 $7,597.76 $2,397.60 $3,872.00 $15,494.60 $3,700.00 $84,585.93 BldForm Contraot01"sName:TKO General Eng. & Const. Inc Addendum No. 2 Project No. 2016-06 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date 1 Nov. 17, 2015 2 Dec. 8, 2015 Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form. NAME OF BIDDER: TKO General Engineering and Construction Inc. licensed in accordance with an act for the registration of Contractors, and with license number: _4_2_4_5_7_7 ______ _ Expiration Date: 8 L 31/2 016 DIR Registration No.: _1_0_0_0_0_1_9_7_3_0 ______ ~ San Mateo Tim K Oden -President & CEO WheJ'e incorporated, Jf applicable Principals I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. _ ,..-/C Kd:tt. ... ,..,,e==::::;_ ____ _ ~ignature·ofBidder · NOTE: If Bidder is a corporation, set forth the legal name of the corporation, state where incorporated, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. Business Address: 12 7 5 0 La Honda Rd Woodside, CA 94062 Officers authorized to sign contracts: Telephone Number(s): Fax Number(s): E-Mail Address: City of Cupertino MoC!ellan Ranch West Simms House Removal Tim K. Oden Typed Full Name: 650-851-9315 650-851-9319 TKOGeneralEngineering@gmail.com END OF DOCUMENT 00400. s Bid Form Bond No.: CSB0015159 Premium: $2, 115.00 DOCUMENT 00610 Project No. 2016-06 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND ("Bond") is dated December 23· 2015, is in the penal sum of Eighty-four Thousand Five Hundred Eighty-five & 93/100 ($84,585.93) ________________________ [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful perfonnance of the Construction Contract listed below. This Bond consists of this page and the Bond Tenns and Conditions, paragraphs 1 through 12, attached to this page. Any singular reference to TKO General Engineering and Construction, Inc. ("Contractor"), Contractors Bonding and Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: TKO General Engineering and Construction, Inc. Name P.O. Box 620698 Address Woodside, CA 94062 City /State/Zip CONSTRUCTION CONTRACT: SURETY: Contractors Bonding and Insurance Company Name 250 Montgomery Street, Suite 720 Principal Place of Business San Francisco CA 94104 City/State/Zip McCLELLAN RANCH WEST -SIMMS HOUSE REMOVAL PROJECT NUMBER 2016-06 at Cupertino, California. DA TED December 23 , 20~ in the Amount of$ __ 8_4~,5_8_5_.9_3 _______ (the "Penal Sum") SURETY CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: --:Z::::: k ~._, Name and Title: 1U1A.t k~ cdett ~ Company: (Corp. Seal) Sign''"'°' ~ ~ Name and Title;Ma;saez:orney-in-Fact BOND TERMS AND CONDITIONS I. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City for the complete and proper perfonnance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly perfonns 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 tenns of the Construction Contract; and 3.2 City has agreed to pay the Balance of the Contract Sum: 3.2. l To Surety in accordance with the tenns of this Bond and the Construction Contract; or City of Cupertino McClellan Ranch West Simms House Removal 00610 - I Construction Performance Bond 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 San Mateo on December 23, 2015 before me, MaryAnn Worman, Notary Public (insert name and title of the officer) personally appeared ___ M_a_ry..:__B_a_e_z ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and c r ct. (Seal) MARY NN WORMAN COMM. #2009997 z Notary Public • California ~ San Mateo County ... M Comm. Ex ires Mar. 7, 2017 Project No. 2016-06 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. lf 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. lf 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 McClellan Ranch West Simms House Removal 00610 -2 Construction Performance Bond Project No. 2016-06 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. 12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract. 12.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract including, but not limited to, "default" or any other condition allowing a termination for cause as provided in Document 00700 (General Conditions). 12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. City of Cupertino McClellan Ranch West Simms House Removal END OF DOCUMENT 00610 -3 Construction Performance Bond Bond No.: CSB0015159 Premium: Included DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND Project No. 2016-06 THIS CONSTRUCTION LABORANDMATERlAL PAYMENT BOND ("Bond") is dated December23, 2011is in the penal sum Eighty-four Thousand Five Hundred Eighty-five & 93/100 ($84,585.93) [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to TKO General Engineering and Construction, Inc. ("Contractor"), Contractors Bonding and Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: TKO General Engineering and Construction, Inc. Name P.O. Box 620698 Address Woodside, CA 94062 City/State/Zip CONSTRUCTION CONTRACT: SURETY: Contractors Bonding and Insurance Company Name 250 Montgomery Street, Suite 720 Principal Place of Business San Francisco, CA 94104 City/State/Zip McCLELLAN RANCH WEST -SIMMS HOUSE REMOVAL PROJECT NUMBER 2016-06 at Cupertino, California. DATED December 23 , 20~ in the Amount of$ __ 8_4_,5_9_5_.9_3 ______ (the "Penal Sum") CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Signature: --:Z::: K ~ Name and Title: 'Te. W] k, {!:Jd@q /)'-o Company: (Corp. Seal) s;gnat"'" ~ ~ Name and Title: Mary Baez,~Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to City, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and 2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety, and provided there is no City Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, City of Cupertino 00620 - 1 Construction Labor and Material Payment Bond McClellan Ranch West Simms House Removal 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 San Mateo on December 23, 2015 before me, MaryAnn Worman, Notary Public (insert name and title of the officer) personally appeared ___ M_a_ry_B_a_e_z ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal) Project No. 2016-06 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 McClellan Ranch West Simms House Removal 00620 - 2 Construction Labor and Material Payment Bond Project No. 2016-06 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 equipmenf' 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. City of Cupertino McClellan Ranch West Simms House Removal END OF DOCUMENT 00620 - 3 Construction Labor and Material Payment Bond Contractors Bonding and Insurance Company 3101 Western Ave., Suite 300 POWER OF ATTORNEY t:/Jit: ~n RI.I Comp-1tnJi Seattle, WA 98121 Contracto1·s Bonding and lnsu1ra111ice Con1mpa.111y Know All Men by These Presents: That this Power of 1\Homey is not valid or in effect unless attached to the bond which it mitlwrizes exc<".llited, but may be detached by the approving officer if desired. That Omtracwrs Bmuf.ing and fos111nmce Cm~?.pan1y, a Washington corporation, does hereby make, constitute and appoint Qrng lvkC~m~..Enmds R. DJ.Yllil~~~fu:.!vJ~ Iv~~m~1ClJliLez. igiiitl:u:i.u~y""~ ... rn"'!l"'"·i1 ___________ _ ~---------·---------·---------------------------in the City of_ !kl.mom , State of Ci!!ifomia its true a:nd lawful Agent and Atnomey in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Smety, the followi~1g described bond. Any and all bonds, m1dert11kti11gs, and rccogmi.zm~ccs in an amount not to exceed Dollars ( fil O,OQO,,:i{}il}0.00 ) foy any single r.;ftiligmti@l!ll, The acknowledgment and execution of such bond by the said A.ttorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledgt:d by the regularly elected officers of this Company. The Co11trnctors nondiug and fosumu1cc 011rnuHPiD11.31 further certifies that the following is a tme and exact copy of the Resolution adopted by the Board of Directors of ConCrnettPr.s ltl1:i11:1diug and l1tsnxrmmce CompaD1y, and now in force to-wit: ''AU bonds, policies, 1.mderlakl:ngs, Powers of At~on1ey m· other obli[l'ntflllil:'i of tbe Clllir{~·~ntkm shall be eucutedl in the cnrpon11tc name of the Corpo1rnJir.m by the rn·esMimt, S'i!Crcdiny, any A!l>si£tim1t Secretary, Treasm:er, or any Vice P'reddfmt, or by sud1 other officers as the Board of Uh'ectoll's may lllDl!tftnorriu. The Preroidieriat, any Vice Pi:e&;id.e1JJ1J:, Sec1neh1ry. any Assi.starnt Secretary, or the Trcarmrer may apponiillt Atcte:meys in Fact or Agents who shall have suttli.orrlty to issue bonds, fW!lkk!ii or 1mdert11.kings in the name of the Corlfl'Or!lltion. The cor~i11m1tc seal is not ~eccsrmry for the va]idnt:r of any bonds, p1i»licie$, m1dcrtaldngs, Powers of AU:omcy or otller obl.ig~tio!llls of the Cm·n1on.ttiou1. The sigm1.i:ure of any such officer· and the cian1111~1n·a~e seal may be 11ri11tcd by facsimile or other encctrmnk image." -·-·-··-------··-···-·-----~· ·----~-·-· ·--------·"-------~---"" -~-_________ ,.,_ ------~---·----------~-·-----·--··--·<--·--··-·~---··--'"--------·-··-~-- IN WITNESS WHEREOF, the Contn1.ctor:> llonding and Irnrnriiumr.e O}mi~any has caused these presents to be executed by its~ fresident with its corporate seal affixed tl1is __ ._filJL_ day of ____ Juuil _ _, -=""2,._Q...,B.._. __ State of Washington County of King } SS On this __ litlL_,_ day of ___ /'<pri! ___ ,_, ---· 2.Q.!J....__, before me, a Nota1y Public. personally appeared. l\Qy (. IllJ,:,_, who being by me duly sworn, aclmowlc<lgcd that he signed the above Power of Attorney as the aforesaid officer of the Contrllll!:~Off'ii f.l®nt!l111!g amll Insurance Company and acknowlet!.gcd said instrument to be the voluntaiy act and deed of said corporation. Joseph B. Notary Public State of Wnsh111gaora JOSEPH B. MULLER Notary Public I, the undersigned officer of OJ1aitn·acro1·$ lil4il>mlbng mnc.9 !Ellsurlil.nnce CmUYl!llllll.3"', a stock corporation of the State of Wasbinglon, do hereby Ct.,'ftify that the auache-0 Power of Auomey is in Cul! force and effect and is irrevocable; and furthem1ort\ that the Resolution of the Company as set forth in the Power of Attomey, is now in force. In testimony whereof, K have hereunto set my ha1.Hl and the S•d:.~.I of the C®ntrnctors Re»mHl.mig and rrnl!l!rnlillce Omnp11.nns' this ...23rd_, d<.y of ~r.nb..~. 2.Q.1JL. Roy C. Die Vice Presi<:len: MY COMMISSION EXPIRES M...00211,2018 0479881032912 A005951 I ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 12/22/2015 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McGovern Insurance CONTACT NAME: 1625 El Camino Real PHONE 650-593-8216 I r,e~ Nol: 650-594-9130 Belmont, CA 94002 Ir> I.I-~ •• .i.\, E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# www.jemins.com INSURER A: Berklev Assurance Comoanv A+XV 39462 INSURED INSURER B: Great American E&S Insurance A+Xlll 37532 TKO General Engineering & Construction, Inc. INSURER c : State ComDensation Insurance Fund 35076 P.O. Box 620698 Woodside CA 94062 INSURER D: United Financial Casualtv ComDanv 11770 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 27769322 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 ADDL SUBR 1~~M%M~i 1~2r~i~1 LIMITS LTR ••"'D ••"D POLICY NUMBER A ,_L_ COMMERCIAL GENERAL LIABILITY ./ ./ VUMC0093280 8/4/2015 8/4/2016 EACH OCCURRENCE $ 1,000,00 ~ CLAIMS-MADE D OCCUR DAMAGE TO RENTED $ 100,000 -PREMISES IEa occurrence) MED EXP (Any one person) $ 5,000 -PERSONAL & ADV INJURY $ 1,000,000 c-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ [{]PRO-DLoc PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ D AUTOMOBILE LIABILITY ./ 07570017-5 8/1/2015 8/1/2016 COMBINED SINGLE LIMIT $ 2 000,000 IEa accidentl - _L ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ -AUTOS -AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS IPer accidentl --$ B UMBRELLA LIAB H OCCUR XS3843346 8/4/2015 8/4/2016 EACH OCCURRENCE $ 5 000 000 -./ EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I I RETENTION$ $ c WORKERS COMPENSATION ./ 9024979-15 10/1/2015 10/1/2016 ./ I ~ff TUTE I I OTH-AND EMPLOYERS' LIABILITY ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (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 (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Work performed@ McClellan Ranch West-Simms House Removal, Cupertino Proj#2016-06 Additional Insured & Primary Phrase: See Attached *30 day written Notice of Cancellation, except for non-pay of premium which is 10 days. - CERTIFICATE HOLDER CANCELLATION The CitJV of Cu8ertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public orks ept. ACCORDANCE WITH THE POLICY PROVISIONS. 10330 Torre Avenue Cupertino CA 95014 AUTHORIZED REPRESENTATIVE Steve Suissa ~s.&~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 27769322 I TKOGE-1 I 15/16 Per Project MaryAnn Worman I 12/22/2015 11,37,05 AM (PST) I Page 1 of 8 VUMC0093280 TKO General Engineering & Construction, Inc. 12/22/2015 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II . Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performaAee-ef-your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additiohal insured( s) at the location of the covered operations has been completed; or b. 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. The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees and Owner/Resident of the adjacent property, 10550 Mira Vista Lane, Cupertino CG 20 33 07 04 ©ISO Properties, Inc., 2004 Page 1of1 27769322 I TKOGE-1 I 15/16 Per Project I MaryAnn Worman I 12/22/2015 11,37,05 AM (PST) I Page 2 of 8 POLICY NUMBER: VUMC0093280 TKO General Engineering & Construction, Inc. COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s): Location and Description of Completed Operations: lrhe City of Cupertino ("City") and its directors, officers, engineers, agents and emriloyees, and all public agencies from whom permits will pe obtained and tneir directors, officers, e~ineers, agents and 9mployees, and the State of California, an its officers, agents and imgloyees and Owner/Resident of the adjacent property, 10550 Mira /is a [ane, Cupertino . (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only 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 1 ISO Properties, Inc., 2004 27769322 J TKOGE-1 J 15/16 Per Project J MaryAnn Worman J 12/22/2015 11,37,05 AM (PST) J Page 3 of B Page 1 of VUMC0093280 TKO General Engineering & Construction, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY WORDING This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE With respect to coverage provided to an additional insured via attachment of an Additional Insured endorsement to this policy, such coverage is primary insurance and we will not seek contribution from any other insurance available to that additional insured. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED VCAS2035 11 10 Page 1 of 1 27769322 I TKOGE-1 I 15/16 Per Project I MaryAnn Worman I 12/22/2015 11:37:05 AM (PST) I Page 4 of a ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION STATE COMPe'NSATION INSURANCE FUND 9024979-15 POLICY NUMBER ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME EFFECTIVE DATE: 10/1 /2015 AND EXPIRING DATE: 10/1/2016 The City of Cupertino Public Works Dept. 10330 Torre Avenue Cupertino CA 95014 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST; PAGE The City of Cupertino ("City") and its directors, officers, engineers, £!gents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and tlie State of California, and its officers, agents and employees and Owner/Resident of the adjacent property, 10550 Mira Vista Lane, Cupertino WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY; TKO General Engineering & Construction, Inc. IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. AUTHORIZED REPRESENTATIVE SCIF FORM 10217 27769322 I TKOGE-1 I 15/16 Per Project I MaryAnn Worman I 12/22/2015 11,37,05 AM (PST) I Page 5 of 8 2570 POLICY NUMBER: VUMC0093280 TKO General Engineering & Construction, Inc. COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom f)ermits will be obtainea and their directors, officers, engineers, agents and emf)loyees, and the State of California, and its officers, agents and employees and Owner/Resident of the adjacent property, 10550 Mira Vista Lane, Cupertino (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 D 27769322 I TKOGE-1 [ 15/16 Per Project [ MaryAnn Worman f 12/22/2015 11,37,05 AM (PST) f Page 6 of 8 VUMC0093280 TKO General Engineering & Construction, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT WITH A CAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE SCHEDULE Designated Construction Projects: AS required by written contract executed prior to date of occurrence A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A BODILY INJURY ANO PROPERTY DAMAGE LIABILITY and for all medical expenses caused by accidents under COVERAGE C -MEDICAL PAYMENTS, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Canstrtiction Project General Aggregate limit applies to each designated construction project, subject ta an overall maximum aggregate limit as shown in the Schedule above, is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; or b. Claims made or ''suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A far damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit far any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expenses continue to apply. However, instead of being subject ta the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. VCAS2036 11 ·12 Page 1 of 2 27769322 I TKOGE-1 I 15/16 Per Project I MaryAnn Worman I 12/22/2015 11,37,05 AM (PST) I Page 7 of B B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A and for all medical expenses caused by accidents under COVERAGE C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE c for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products~Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of ''bodily injury" or ''property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project E The provisions of Limits Of Insurance SECTION Ill not otheiwise modified by this endorsement shall continue to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED VCAS2036 11 12 Page 2of2 27769322 I TKOGE-1 I 15/16 Per Project I MaryAnn Worman I 12/22/2015 11,37,05 AM (PST) I Page 8 of 8