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16-070 C2R Engineering, Inc., Service Center Parking Lot Modification Project No. 2016-09.. , RECORDING REQUESTE D BY City of Cupertino WHE N RECORDED M A IL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 DOCUMENT: 2 33 87229 II 1111 111 1 REGINA ALCO ME NDRAS SAN TA CLARA COUN TY RE CORDER Recorded at t he request of ci t y F ees . Taxes .. Cop i es. AM T PAID Pages: 3 5 .00 5 .00 RD E # 003 8/0 1/20 16 2:0 J PM (SP A C E A BOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27283 NOTICE OF COMPLETION CITY PROJECT NAME: Service Center Parking Lot Modification Project No. 2016-09 -et' 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 July 28, 2016 for CITY PROJECT NAME: Service Center Parking Lot Modification and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on July 28, 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: August 1, 2016 By: ~~~~ 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 : Service Center Parking Lot Modification City Project No .: 2016-09 Demolition of existing facilities , installation of borrow material to bring the project area up to match the grade of the adjoining parking lot, installation of a storm drain inlet and clean-out, paving, construction of a curb ramp. 6 . The name of the original contractor for the project is : C2R Engineering , Inc. 7. The project was completed on : July 28 , 2016 8. The project is located at: 10555 Mary Avenue , Cupertino , CA 95014 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 not ice are true and correct. July 28, 2016 ; Santa Clara County ~i'!'li~--~ Date and Place ~ Timm Borden Director of Publ ic Works and City Engineer Project o. 2016-09 DOCUMENT 00650 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS SERVICE CENTER PARKING LOT MODIFICATION PROJECT NUMBER 2016-09 THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and entered into this 9th day of August, 20 I 6 , by and between the City of Cupertino ("City"), and C2R Engineering, Inc. ("Contractor"), whose place of business is at 664 Willowgate Street, Mountain View, CA 94043. RECITALS A. City and Contractor entered into Contract Number 2016-I 39 (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 $84,740.00 Modified Contract Sum $ NI A Payment to Date $77,653 Liquidated Damages $0 Payment Due Contractor $7,087.00 2. Subject to the provisions of this Agreement and Release, City will forthwith pay to Contractor the sum of Seven Thousand and Eighty-Seven Dollars and Zero Cents ($7,087.00) under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with City as of the date of such payment. 3. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against City arising from the Contract, except for the claims described in paragraph 4 of this Document 00650. It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full , final and general release of all claims, demands, actions, causes of action , obligations, costs, expenses, damages, losses and liabilities of Contractor against City , and all if its agents, employees, consultants (inc lud ing without limitation Consulting Cupertino), inspectors , representatives , assignees and transferees except for the Disputed C laims set forth in paragraph 4 of this Document 00650. Nothing in this Agreement and Release shall limit or modify Contractor's continuing obligations described in paragraph 6 of this Document 00650. City of Cupertino 00650 -I Agreement and Relea se of Any and All Claims Service Center Parking Lot Modification Project No. 2016-09 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 A rchitect, an y 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 an y suppliers to them for any and all labor, materials , supplies and equipment used , or contemplated to be us ed 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 C ivil Code Section 1542, which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor. 9 . The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal , state , county, municipal or other law , ruling, or regulation , then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable. I 0 . 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 C ity shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release. C ity of C upertino 00650 - 2 A gree me nt and Re le ase of Any a nd All C laim s Serv ic e Ce nte r Pa rkin g Lot Modification Project No. 2016-09 * * *CAUTIO N: T HIS IS A RELEA SE -READ BEFORE EXECUTfNG * * * THE C ITY OF CUPERTINO , a Municipal Co rporation of the State of Californi a !CONTRACTOR] B y:-----1-'-"'~~~~i - Name : TREVOR CONNOLLY PRESIDENT I ts:----------------- By: ______________ _ Name: ______________ ~ It s: ________________ _ REV IEWED AS TO FORM : ~.~ ~ Ci ty Attorney -----------~2 016 EN D OF DOC UM ENT City of Cupertino 00650 -3 Service Ce nt er Parking Lot Modification Agreeme nt and Release of An y and All Claims Project No . 2016-09 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this j/!!_ day of lttJt , 20I6, by and between C2R ENGINEERING, INC. whose place of business is located at 664 Willowgate Street, Mountain View, CA 94043 ("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 9th day of May, 2016 awarded to Contractor the following Project: PROJECT NUMBER 2016-09 SERVICE CENTER PARKING LOT MODIFICATION NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows : Article 1. Work I. I 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 John Raaymakers 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. I 2.2 City has designated HMH Engineers, Inc. as the Design Consultant. City may change the identity of the Design 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, Cupe1tino , 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 thirty (30) calendar days from when the Contract Time commences to run. City of Cupertino 00520 -I Contract Service Center Parking Lot Modification Tc . Project No. 2016-09 3.2 Liquidated Damages City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial lo ss 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 (Genera l 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 Fi nal Completion 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 Wildlife, and other State and Federal agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of del ay. 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 la ws 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 exp lorati on 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 Cond itions), 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 th e information contained in such material s upon which Contractor may be entitled to rely . City of C upertino 00520 - 2 Co ntract Service Center Parking Lot Modification Tc Project No. 2016-09 Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings . 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests , reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress , performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports , studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations , explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors , ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not v iolate 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 : City of Cu pertino 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 Reten tion Document 00700 General Conditions Document 00800 Special Conditions Document 00821 insurance Document 00822 Apprenticeship Program Addenda(s) Drawings/Plans 00520 -3 Service Center Parking Lot Modification -re Contract Project No. 2016-09 6 .2 There are no Contract Docwnents other than those listed in this Docwnent 00520, Article 6. Document 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein , are not Contract Documents. The Contract Docwnents may only be amended, modified 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 s ubcontract 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 C layton 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 payme nt to Contractor, without forther 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.htrnl 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 provi sions 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. Co ntractor accepts the Claims Procedure in Document 00700, Article 12 , established under the California Government Code, Title l, Divi sion 3.6 , Part 3, Chapter 5 . City of Cupertino 00520 - 4 Contract Service Center Parking Lot Modification Project No. 2016-09 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. SERVICE CENTER PARKING LOT MODIFICATION CITY: CITY OF CUPERTINO, a Municipal Corporation of the State of California Attest: kdt:s~ Ap~ ~City Attornoyo Randolph Stovon,on Hom 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. David Brandt, 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: $84 ,740.00 ACCT. NO .: 420-99-025-900-905 ~ 002-03-0 I FILE NO.: 92004.11 5'11C.-'f CONTRACTOR: C2R Engineering, Inc., a California Corporation By: '1~ [Signature] Title: C.£0 [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] State Contractor's License No.: 994397 Classification: A General Engineering Expiration Date: 02 /28 /2017 Taxpayer ID No.: 47-1946596 Name: Tu~ ~ Title: fr.c::,CDeJV -C Address: bbb lJifkwG,yit sf lflf,.J. U;ru 0J1L.dt~ Phone: (f:tts)SS'j -'J!Oh( Facsimile: _______________ _ NOT ARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT C ity ofCupe1tino 00520 -5 Contract S ervice Center Parking Lot Modification f.c_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A nota ry publi c or oth er offi cer complet ing this cert ifi ca te verifi es onl y the id entit y of th e indi vidual who sig ned the document t o whi ch t his ce rt ific at e is atta ched, an d not th e trut hfu lnes s, accu racy , or va lidity of that document. State of California County of __ S.---'vt-'-'Yl'-'-'-"-tn_.__=Cl'-'-11-'"-'Vt-<-';ff_,__ ___ _ on tom da y uf v Vin C 20 L lO before me , ___ M~I vn_a_t e_v_-&_f!l_u_I ~> _N_tJ_t1t~Y'f--+-~P~IA~~~l ~F c~-- Date Here Insert Name and Title of the Officer personally appeared ________ T~r;_W_O~Y----'C~[fn~~V)_t>~[l-+Y----------- Name(s) of Signer(s) who proved to me on the basis of sat isfactory ev idence to be the person ~ w hose name(91 (ifa.~ ~bscr.ibed to the within instrument and ackno ??~d . t 9 me that G lsyf eltly{l y ex ecuted the same in Yhdr/th lir autho rized capacity(iei), and that byl!2J.sl h r/ttte ir signatu re($) on the instrument the personji). th k en t ity upon behalf of whi cK the person ~ acte , ex ecuted the in St rument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the la w s of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offic ial seal. Signature ______ ~/l~~-+---1--,+--~(/J~_' __ S ignature~ic Though this section is optional, completing th is information can deter alteration of the document or fraudulent reattachment of this form to an unintended documen t. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages : Signer(s) Other Than Named Above : ____________ _ Capacity(ies) Claimed by Signer(s) Signer 's Name: ____________ _ Signer 's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General 0 Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator 0 Trustee D Guardian or Conservator 0 Other: ______________ _ D Other: _____________ _ S igner Is Represent ing : _________ _ Signer Is Representing: _________ _ ©2 01 4 National Notary Asso ciat ion • www.NationalNota ry.org • 1-800-US NOTARY (1-800 -87 6-6827 ) Item #5907 EIHIBITA Contractor's Name: G;2,RJ £N6 I N~~I N 6 1 INC · Proje ct No. 2016-09 DOCUMENT 00400 BID FORM To be submitted as part ofEnvelope "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 SUHMITTED BY: (Firm/Company Name) Re: PROJECT NUMBER 2016-09 SERVICE CENTER PARKING LOT MODIFICATION I. The undersigned Bidder proposes and agrees, if this Bid is accepted , to enter into a contract with the City of Cupe11ino ("City") in the form included in the Conb·act Documents, Document 00520 (Contract), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within th e 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 re sult in the bid be ing 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 (Instrnctions to Bidders), including, without limitation, those dealing w ith th e disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening. 3. Bidder has visited the Site and pe1formed 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 a nd the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5. Bidder attended the non-mandatory P r e-Bid Meeting. YES NO~ 6. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430 (Subcontractors List). 7. The undersigned Bidder understands that City reserves the right to reject this Bid. 8. If written notice of the acceptance of this Bid, he reinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any otber time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instructions to Bidders) within the times specified therein . These documents include, but are not limited to, Docmnent 00520 (Contract), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond). 9. Notice of Award or request for additional information may be addre ssed to the undersigned Bidder at the address set forth below on the signature page. City of Cupertino Bid Fo rm Ser vi ce Center Parking Lot Modification 00400 . l -r.c j EXHIBIT A Contractor's Name: CZrfV fN91NtflvlN6 1 /{'JC. Project No. 2016-09 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 made payable to the "City of Cupertino". l I. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520 (Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents. 12. The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00520 (Contract) shall be as set forth in Document 00520 (Contract). City of Cupertino Bid Form Service Center Parking Lot Modification 00400 -2 Tc 4 EXHIBIT A Contractor 's Name: C2 r ENG 7Nff€1N G' hvc..." Proj ect No. 2016-09 SCHEDULE OF BID PRICES All Bid items, including lump s ums and unit prices, must be filled in completely. Allowances and Alternative B id items are described in Document 00800 (Special Conditions). Quote in figures only, unless words are specifically requested. Please Note that time extensions will NOT be permitted with the acceptance of any or all of the Alternative Bid Items listed below. SPEC EST UNIT -... ITEM REF . DESCRIPTION _UNIT QTY PRICE . TOTAL . - 1 00800 MOBILIZATION LS 1 ~s,ooo l>S ooo Sec. 1.27 2 Plan Sheet EC01 INSTALL & MAINTAIN STORM LS 1 ~1.000 ~/,ax) WATER QUALITY BMPs 3 PERFORM CONSTRUCTION LS 1 &~,l""YYl $3,aoo STAKING 4 2010 Caltrans REMOVE MISCELLANEOUS CY 16 .f> 150 $2 HoO Sec. 15-3 CONCRETE 5 2010 Caltrans REMOVE MISCELLANEOUS LS 1 $).()OJ $2.oco Sec. 15-2 FEATURES 6 2010 Caltrans REMOVE CLEANOUT EA 1 lSCb $ 5ro Sec.15-2 7 201 O Caltrans REMOVE DRAINAGE INLET EA 1 l:sco } SW Sec. 15-3 8 2010 Caltrans REMOVE INLET FILTER EA 1 1> Pior1 S '8co Sec. 15-2 9 2010 Ca ltrans PERFORM ROADWAY EXCAVATION CY 12 $Ltro !~.Qioo Sec. 19-2 2010 Caltrans 10 Sec. 19-7, PLACE IMPORTED BORROW CY 70 ~Ii.to i9, '(po General Note 6 11 Plan Sheet TS01 SHA TIER & ABANDON CONCRETE SF 430 l /{l, lj 7. 7'10 Gen . Note 16 SLAB Plan Sheet 12 DT02-Clean Out INSTALL DRAINAGE CLEAN-OUT EA 1 $/tx{)O J /,coo Detail Plan Sheet DT01 - 13 Cupertino Detail INSTALL DRAINAGE INLET EA 1 i2.ooo $;2.,cco 3-4 Plan Sheet DT02 14 -Triton Top Hat INSTALL DRAINAGE INLET FILTER EA 1 $1,(XX) $ /,()ct) (or app roved equal) Detail 15 INSTALL 3 INCHES HOT MIX TON 40 $5oO $10,<DCX) ASPHALT (1/2 inch} Tvoe A binder 16 2010 Caltrans INSTALL 8 INCHES CLASS II CY 15 izoo $ 3,ct::o Sec. 26 AGGREGATE BASE 17 INSTALL 4 INCH PVC STORM DRAIN LF 10 ~too $ t,cxo ISDR26l 2010 Caltrans Sec. 73 & 90 18 5/20/2011 INSTALL CURB RAMP AND LS 1 ~/S°i(XX) t 151000 DetailA88A SIDEWALK General Notes 11 and 13 19 Manufacturer's INSTALL 6 FOOT CONCRETE EA 8 $ISO t /,2CXJ Recommendation WHEEL STOPS 2010 Caltrans REMOVE & INSTALL PARKING 20 Sec. 84-3 & LS 1 $ 3,(XX) ~ ~oco 15-2.02C AREA STRIPING TOT AL BASE BID I $ 8Jt 71-to.a:_ City of Cup ertino Bid Form Se rvi ce Ce nter P arkin g Lot M odification 004 00 -3 -r.c . EIHIBITA Contractor's Name: O~f;l GN6.tf.Jt;E?IZ/N6 1 INC · Unit Legend LS= Lump Sum EA = Each LF = Linear Feet TON= Ton or 2,000 Pounds CY =Cubic Yards ·. LB= Pounds City of Cupertino Service Center Parking Lot Modification AL= Allowance SF = Square Feet 00400-4 !.<-. Project No. 20 16 -09 Bid Form EXHIBIT A Contractor's Name: C7.-Pv la'l61NeF[Z,IN6, /NC· Project No . 2016 -09 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date 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: CZ JV @6 INEJ:?l<,,/f\l6 1 f NC,. licensed in accordance with an act for the registration of Contractors, and with license number: 994 :,91- Expiration Date: Z/ Z 8 I .:l.01::t . DIR Registration No.: 1 OO(X)280::t-B CAUWPvNIA Where incorporated, if applicable I!WJ OR.I COIVNO/vt.)I 1 j?Af;S flf,tNT / SeJ:.J<.A Tflt.1l '1 Principals I certify (or declare) under penalty of perjury under the laws of the State of Californi and correct. Signature of Bidder NOTE: lf 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 pa1tner or partners authorized to sign contracts on behalf of the partnership. Business Address: 66 { ltll U..OUJ-6ATE'" ST. 11\0U !-:JN\\ t-J v IBA..l I CA .9 40 43 __ _ Officers authorized to sign contracts: Typed Full N ame: Te lephone Number(s): UH~) 559 -.2.6 4-1 Fax Number(s): E-Mail Address: END OF DOCUlvlENT City of Cupertino Bid Form Service Center Parking Lot Modific atio n 00400. 5 Project No. 2016-09 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO , a Municipal Corporation of the State of California ("City"), for construction of SERVICE CENTER PARKING LOT MODIFICATION PROJECT NUMBER 2016-09 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). Address Mb.J . Ui£t.J Cit 'titott3 _b~/(,~fl~{,, __ _ City /State /Zip Date END OF DOCUMENT City of Cupertino 00630 -I Guaranty Service Center Parking Lot Modification PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FIN AL CONTRACT AMOUNT. DUPLICATE ORIGINAL DOCUMENT 006 10 Project No. 2016-09 BOND NUMBER: 57BCSHK1145 EXECUT ED IN TRIPLICATE PREMIUM: $3,046.00 CONSTRUCTION PERFORMA NCE BO N D THIS CONSTRUCTIO N PERFORMANCE BOND ("Bond") is dated May 31, 20 16 , 1s in the penal sum of Eight y-Four Thousand , Seven Hundred Forty Dollars and 00/100 -------------------------------------------------------------------------------- ($84,7 40 .00)-------------------------------------------------------------------[which is one hundred percent of the Contract Price], and is entered into by and between the parties li sted below to ensure th e fait hful performance of the Construction Contract li sted below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs I through 12, attached to this page . Any sing ular reference to C2R Engineering , In c. ("Contractor"), Hartford Fire Insurance Company ("S ur ety"), the City of Cupertino, a Municipal Corporation of the State of Ca lifornia ("City ") or other party shall be considered plural where app lic able. CONTRACTOR: C2R Engineering , Inc. Name P.O. Box 1017 Address Mountain View, CA 94043 City/State/Zip CONSTRUCTION CONTRACT: SURETY: Hartford Fire Insurance Company Name One Hartford Pl aza Principal Place of Business Hartford , CT 06155-0001 City /State/Zip SERVICE CENTER PARKING LOT MODIFICATION PROJECT NUMBER 2016-09 at Cupertino , Ca lifornia. DA TED -~b~/~{i"'-1/_._/ ..... b,___ ___ , 20 ~ in the Amo unt of$ ($8 4,740.00) ------------------------- C2R Engineering , Inc. Hartford Fire Insurance Company SURETY (the "Penal Sum ") CONTRACTOR AS PRINCIPAL Company : (Corp. Sea l) :! S ignature: ~~ Company: (C~ Signature: ~ &--- Name and Tit le: -~~ft~U6f~_C,~""'~lo~t~~,__ ,et.e 31 oerJ"f Name and Title:_R_y_a_n_T_as_h _________ _ Attorney-In-Fact BO N D TERMS AND CONDITIONS i . Contractor and Surety , jointly and severall y, bind themsel ves , their heirs, executors, admin istrators, successors a nd assigns to City for the complete and proper pe rformance of the Constructi on Contract, which is incorporated herein by reference. 2 . If Contractor complete ly and properl y performs all of its ob li gations und er the Constru ction Contract, Su re<y and Contractor sha ll have no obli gat ion under this Bond. 3. If there is no City Default, Su re ty's obligation under this Bond shall arise after: 3. I City has declared a Contractor Default under the Construction Contract pursuant to the terms of th e Construction Contract ; and 3.2 City has ag reed to pay the Balance of the Contract S um : 3.2 .1 To Su rety in accordance wit h the terms of this Bond and the Construction Contract; or City of Cupertino 00610 -I Construct ion Performance Bond Service Cen ter Parking Lot Modification Project No. 2016-09 3 .2.2 To a contractor selected to perform the Construction Contract in accordance with the term s of thi s 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 w ithhold consent, in which case the Surety mu st 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 it s 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 wi th 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 it s monetary obligation to City under paragraph 6 , below, for the performance a nd completion of the Construction Contract and , as soon as practicabl e 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 prov ided 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 defecti ve work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are s pecified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to , all va lid and proper backcharges , offsets, pay ments, indemnities , or other damages ; 6.3 Additional legal , design professional and delay costs res ulting from Contractor Default or res ulting from the actions or failure to act of the Surety under paragraph 4, above (but excluding attorney's fees incurred to enforce this Bond). 7. No right of action s ha ll accrue on this Bond to any person or entity other than City or it s s uccesso rs or ass ig n s. City of C upertino 00610 -2 Construction Perfom1ance Bond Service Center Parking Lot Modification Project No. 2016-09 8 . Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related s ubcontracts , 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 thi s Bond. 9. Any proceeding, legal or equitable, under thi s 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 coU1ts 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. I of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. I 0. All notices to Surety or Contractor shall be mailed or deli vered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or deli vered 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 recei ved at the foregoing addresses. 11. Any provi s ion in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and prov isions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. 12 .1 Balance of the Contract Sum : The total amount pay able by City to Contractor purs uant to the term s of the Construction Contract after all proper adjustments ha ve been made under the Construction Contract, for example, deductions for progress pay ments made, and increases/decreases for approv ed modification s to the Construction Contract. 12.2 Construction Contract: The contract between City and Contractor identified on the signature page of thi s 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 pay ments 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 C up ertino 00610 -3 Co nstruction Perfom1ance Bond Service Center Parking Lot Modification 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 Sacramento before me, __ s_u_s_an_Fo_u_rn_ie_r_, N_o_ta_ry_P_ub_li_c ________ _ (insert name and title of the officer) personally appeared Ryan Tash 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. WITNESS my hand and official seal. (Seal) Direct Inquiries/Claims to : POWER OF ATTORNEY THE HARTFORD BondT-12 One Hartford Plaza Hartford, Connecticut 06155 email: bond.claims@thehartford.com call: 888-266-34881fax :860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Aaency Code: 57-130046 LJ Hartford Fire Insurance Company , a corporation dul y organized und er th e laws of the State of Co nn ec ti cut LJ Hartford Casualty Insurance Company , a corporati on duly organized under th e laws of th e State of Indiana D Hartford Accident and Indemnity Company , a corporation dul y organ ized under the l aws of the State of Co nn ec ticut D Hartford Underwriters Insurance Company , a corporation duly organized under th e la ws of the State of Connecti cu t D D Twin City Fire Insurance Company , a corporation dul y org anize d under the laws of the State of Indiana Hartford Insurance Company of Illinois , a corporation duly organized under the laws of the State of Illinois D Hartford Insurance Company of the Midwest , a corporation dul y organized under the l aws of the State of Indiana D Hartford Insurance Company of the Southeast, a corporat ion dul y organized under th e l aws of the Sta te ofFl orida having their home office in Hartford , Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint , up to the amount of Unlimited Jacob Dines, John T. Page of Rancho Cordova CA, Susan Fournier, Ryan Tash of RANCHO CORDOVA, California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above , to sign its name as surety(ies) only as delineated above by~. and to execute, seal and acknowledge any and all bonds, undertakings , contracts and other written instruments in the nature thereof, on beh alf of the Companies in their business of guaranteeing the fidelity of persons . guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceed ings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Co mpanies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affix ed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies , the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. John Gray , Assistant Secretary M. Ross Fisher, Vice President STATE OF CONNECTICUT} SS. COUNTY OF HARTFORD Hartford On this 12th day of July, 2012, before me personally came M . Ross Fisher, to me known , who being by me duly sworn , did depose and say : tha t he res ides in the County of Hartford , State of Connecticut; that he is the Vice President of the Companies , the corporations described in and which executed the above instrument; that he knows the seals of the said corporations ; that the seals affixed to the said instrument are such corporate seals ; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ~ .t..v.uc ! CERTIFICATE Kathleen T . Maynard Notary Public My Commission Expires July 3 1, 20 16 I, the undersigned , Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. wh ich is still in full force effective as of May 31 , 20 1 6 POA 201 2 Signed and sealed at the City of Hartford . "" ~ Ke vin Heckman , Assistant Vice President PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT AMOUNT. DUPLICATE ORIGINAL DOCUMENT 00620 Project No . 2016-09 BOND NUMBER: 57BCSHK1145 EXECUTED IN TRIPLICATE PREMIUM INCLUDED IN PERFORMANCE BOND CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERJAL PAYMENT BOND ("Bond") is dated May 31 , 2016 , is in the penal sum Eighty-Four Thousand , Seven Hundred Forty Dollars and 00/100 -------------------------------------------------------------------------------- [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the pay ment 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 . An y singular reference to C2R Engineering, Inc. ("Contractor"), Hartford Fire Insurance Company ("Surety"), the C ity of Cupertino , a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable . CONTRACTOR : C2R Engineering , Inc. Name P.O . Box 1017 Address Mountain View , CA 94043 City/State/Zip CONSTRUCTION CONTRACT: SURETY : Hartford Fire Insurance Company Name One Hartford Plaza Principal Place of Business Hartford , CT 06155-0001 City /State/Z ip SERVICE CENTER PARKING LOT MODIFICATION PROJECT NUMBER 2016-09 at Cupertino , California. DA TED -~b.._._{_6~(~{ {.,'-'-----' 20 ~ in the Amount of$ ($84, 740.00) ------------------------- C2R Engineering , Inc. Hartford Fire Insurance Company SURETY (the "Penal Sum ") CONTRACTOR AS PRINCIPAL Company:(corp. ~eal)/A Signature:_~~~~~~~~~~~-----­ Name and Title: flcvo f {;JJIJof/y Comp'"y(~~ Signature: ~ L-- Name and Title:_R_y_a_n _T_as_h _________ _ _ (}£e.~10Et..Tf Attorney-In-Fact BOND TERMS AND CONDITIONS I. Conrractor and Surety, jointl y and severall y, bind themselves, their heirs , executors, administrators, successors and assigns to City and to Claimants, to pa y 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 pa y ment , directly or indirectl y, for a ll sums due Claimants ; and 2.2 Defends , indemnifies and holds harmless City from all claims , demands , liens or suits by an y person or entity who furnished labor , materials or equipment for use in the performance of the Construction Contact, provided City has promptl y notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suit s and tendered defense of such claims, demands , liens or suits to Contractor and Surety, and pro v ided there is no City Default. 3. With respect to Claimants , this obligation shall be null and void if Contractor promptl y makes pa y ment , directl y or indirectly through its Subcontractors, for al l sums due Claimants. If Contractor or its Subcontractors, however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amount s due under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for City of Cupertino 00620 -I Con strnction Labor and Material Payment Bond Service Center Parking Lot Modification Project No. 2016-09 an y amounts required to be deducted , withheld, and paid o ver to the Emplo yment Dev elopment Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemploy ment 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 , Ci v il Code §3082 , el seq ., Surety shall ha ve 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 pay ments 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 an y Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond. 7. City shall not be liable for payment of an y costs, ex penses, or attorney 's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make pay ments to , gi ve notices on behalf of, or otherwise ha ve obligations to Claimants under this Bond. 8. Surety hereby waives notice of an y change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. Surety fu11her 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 accompany ing the same, shall in any way affect it s obligations under this Bond, and it does hereby wai ve an y requirement of notice or an y s uch change, extension of time, alteration or addition to the term s of the Construction Contract or to the Work or to the Specifications or an y other changes . 9. Suit against Surety on this Bond may be brought by an y Claimant, or its assigns, at an y time after the Claimant has furni s hed 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 Ci v il Code §3184. IO. All notices to Surety or Contractor shall be mailed or deli v ered (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). Actua l 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 compl y with the California Mechanic 's Lien Law including, but not limited to , Ci v il Code §§3247 , 3248 , el seq . Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and prov isions 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 . U pon request by an y person or entity appearing to be a potential beneficiary of this Bond, Contractor s hall promptl y 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 prov ided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (I) work of a similar character in the locality in which the Work is performed and (2) legal holiday and o vertime work in said locality . The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedu le that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the general prev ailing rate of per diem wages for each craft or type of workman or mechanic needed to execute thi s Contract. Contractor shall also cause a copy of thi s determination of the prev ailing rate of per diem wages to be posted at each Site. City of Cupertino 00620 -2 Construction Labor and Materi al Pa yment Bond Service Center Parkin g Lot Modification Project No. 2016-09 14 . Definition s. 14.1 Claimant: An individual or entity ha v ing a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for us e in the performance of the Contract, as further defined in California Civil Code §3181. The intent of this Bond shall be to include w ithout limitation in the terms "labor, materials or equipment" that part of water, gas, po wer, 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 s hall also include the Unemployment Deve lopment 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, wh ich has neither been remedied nor waived , to pay the Contractor as required by the Construction Contract, pro v ided 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 DOCUM EN T C ity of Cupertino 00620 - 3 Construction Labor and Material Payment Bond Service Center Parking Lot Modification 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 Sacramento On ~~ , ~ ~ /? before me , __ s_u_s_a_n _F_ou_r_ni_er_, _N_ot_ar_y_P_u_bl_ic ________ _ / (insert name and title of the officer) personally appeared Ryan Tash 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. WITNESS my hand and official seal. (Seal) Direct Inquiries/Claims to : POWER OF ATTORNEY THE HARTFORD BondT-12 One Hartford Plaza Hartford, Connecticut 06155 email: bond.claims@thehartford .com call: 888-266-34881fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Asency Code: 5 7 -13 O 04 6 LJ Hartford Fire Insurance Company , a co rp ora ti on dul y organize d und er th e l aws o f th e State of C01m ecti cut LJ Hartford Casualty Insurance Company , a corporation dul y organi zed under the laws of the St ate o flndi ana CJ Hartford Accident and Indemnity Company , a co rp oration dul y organ ized und er the laws of th e State of Co nnec ti cut CJ Hartford Underwriters Insurance Company , a co rp ora tion duly organ i ze d und er th e l aws of th e State o f Conn ect i cut CJ Twin City Fire Insurance Company , a corporat i on dul y or gani zed under the l aws of the State of Indiana CJ Hartford Insurance Company of Illinois , a corp ora tion dul y organized und er the laws of the State of Ill ino is CJ Hartford Insurance Company of the Midwest , a corporation duly organ ize d und er the l aws of th e State of Indi an a CJ Hartford Insurance Company of the Southeast, a corporation dul y organ ized und er the l aw s of th e State ofFl or ida having the ir home office in Hartford , Connecticut (hereinafter collectively referred to as the "Companies") do hereby make , constitute and appoi nt, up to the amount of Unlimit ed Jac ob Dines, John T. Page of Rancho Cordova CA, Susan F o urnie r , Ry an T ash o f RANCH O CORD OVA, Californi a th eir tru e and lawful Attorn ey (s)-in-Fact , each in their separate capa city if more than one is named above , to s ign its name as surety(ies) o nly as de lineated above by 121 . and to e xecute, se al and ack nowledge any and all bonds , undertakings , contracts and oth er written instruments in the nature the reof, on be half of the Co mpanies in their busines s of guaranteeing the fidelity of persons , guaranteeing the performance of contract s and executing or guaranteein g bo nds a nd undertakings required or pe rmitted in any actions or proceedin gs allowed by law. In Witness Whereof, and as authorized by a Reso luti on of the Board of Dire ctors of the Companie s on A ugu st 1, 2009 , th e Com pani es have caused th ese presents to be signed by its Vice President and its corpo rate seals to be hereto affixe d , duly attested by its As sis ta nt Secretary. Further, pursuant to Reso lution of the Board of Directors of the Companies , the Co mpanies hereby unambiguously affirm that they are and will be bo und by any mechani cally appli ed signatures applied to this Power of A ttorney . Joh n Gray , Assista nt Secre tary M. Ros s Fishe r, Vic e Presi dent STATE OF CONNECTICUT} S S . COUNTY OF HARTFORD Hartford On thi s 12th day of July, 2012 , before me personally came M. Ross Fisher, to me known , who being by me du ly sworn , did de pose and say: th at he resides in the County of Hartford, State of Connecticut ; that he is the Vice President of the Compan ie s , the corporations described in and which ex ecuted the above instrument ; that he knows the seals of the said corporations ; that the seals affixed to the said instrument are such corporate seals ; that th ey we re so affi xe d by auth ority of the Boards of Dire ctors of said corporations and that he signed his name thereto by like authority. ~>l'r.l!\1,, ;~\ ~l..wuc ! CERTIFICATE Kathl een T . Maynard No tary Public My Commiss ion Expires Jul y 3 1, 20 16 I, the und e rsigned , Vi ce Preside nt of the Companies , DO HEREB Y CERTIFY that th e above and f oregoing is a true and corre ct cop y of th e Power of Atto rn ey exec uted by said Companies , wh ich is st ill in full fo rce effective as of May 3 1, 2016 Si gn ed and sealed at the Ci ty of Hartford . • Kevi n Heck man, Ass ist ant Vi ce Pres ide nt POA 20 12 Policy Number: Date Entered: 1/30/2015 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 5/11/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTI FICATE 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 REP R ESENTATIVE OR P RODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDIT IONAL INSURED, the policy(ies) must have ADDITIONA L INSURED provisions or be e ndorsed. If SUBROGATION IS WAIVED, subject t o the terms and conditions of the policy, certain policies may require an endorsement. A statement on this c ertificate does not confer rights to the certificate holder in lieu of s uch endorsement(s). PRODUCER CONTACT NAME: Benedetti Insurance Agency r:igN~o Exfr (650) 697-7224 I r.e~ Nol: ( 650) 697-4506 199 California Drive #202 E-MAIL Millbrae, CA 94030 ADDRESS: INSURERIS) AFFORDING COVERAG E NAIC# INSURER A : James River Insurance INSURED C2R Engineering Inc. INSURER B : Commerce West Insurance Company INSURER C : SCIF PO Box 1017 AIG INSURER D: Mountain View, CA 9 404 3 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: R EVISION 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 A NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI S 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 BE EN REDUCED BY PAID C LA IMS. INSR TYPE OF INS URA NCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INS D wvo POLICY NUMBER IMM/DDIYYYYl IMM/DDIYYYYl A l2S COMMERCIAL GENERAL LIABILITY EACH OCC URRENCE $ lf 000 I 000 D CLAIMS-MAD E lZl OCC UR x x 00068190-0 08/25/2015 08/25/2016 DAMAGE TO Rt:r< 1 t:u $10 0 ,000 PREM ISES !Ea occurrence \ MED EXP (Any one person) $ 5, 000 - PERSONAL & ADV INJURY $1 r000 I 000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,0 00 l [ZJ PRO-OLoc PRODUCTS -COMP/OP AGG s 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIAB ILITY COMBINED SINGLE LIMIT $1,000,000 !Ea accident\ -x CVA0453340 01 /29/2016 01/29/201 7 B ANY AUTO BODILY INJU RY (Per person) $ ~ OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY !Per accident\ $ D UMBRELLA LIAB 161 OCCUR EACH OCCURRENCE $ 5, 000 I 000 x EXCESS LIAB CLAIMS-MADE EBU01462 85 45 06/10/2015 06/10 /2016 AGGREGATE $ 5, 000 , 000 OED I I RETENTION $ $ WOR KERS COMPENSATI ON IA.I ~ffruTE I I OTH- AND EMPL OYERS ' LIABILI TY ER Y/N c ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A 9073328-15 01/20/2016 01/20/2017 E.L. EACH ACC IDE NT $1 ,000,000 OFFICER/MEMBER EXCLU OED? $1, 000, 000 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE ~yes, describe under DESCR IPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATI ONS I LOCATIONS I VEHICLES (ACORD 101 , Additional Remarks Schedule , may be attac hed If more space is required) The City of C upertino to be named as additional insured per attached blanket endorsements Pro j ect: Cupertino Service Parking Lot Modification CERTIFICATE H OLDER City of Cupertino Department of Public Works 1 0555 Mary Ave Cupertino, CA 95014 CANCELL ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROV ISIONS. © 1988-2015 ACORD CORPORATION. All rig hts reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Produced usin g Forms Boss Plus softwa re. www.FormsBoss .com ; Impressive Pub lishing 600-208-1977 POLICY NUMBER: 00068190-0 COM MERCIAL GENERAL LIABI LITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Where required by written contract or written agreement All operations of the Named Insured Information required to complete t his Schedule, if not shown above, will be shown in the Declarations . A. Section II -Who Is An Insured is amended t o include as a n add itiona l insured the pers o n(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and adve rt ising inj ury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing ope r ations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds , the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service , maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 © ISO PrnnPrtiP<: Inf' ?OfM D-..--'4 -.J A POLICY NUMBER : 00068190-0 COMMERCIAL GENER AL LIABILITY CG 20 37 07 04 THIS EN DORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADD ITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera" Or Organization{s): tions Whe re required by written contract or written agree-All operations of the Named In sured ment Information required to complete this Schedule , if not shown above, will be shown in the Declarations. CG 20 37 07 04 Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule, bu t only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location desig- nated and described in the schedule of this endorse- ment performed for that additional insured and included in the "products-completed operations hazard". © I.S O PmnPrtiP~ lnr ?nnll n THIS ENDORSEMENT CHANGES THE POLICY. P LEASE READ IT CARFEULL Y. WAIVER OF SUBROGATION AS REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS The Company agrees to waive any right of recovery against any person or organization, as required by written contract, because of payments we make for injury or damage which is limited to liability directly caused by "your work" which is imputed to such person or organization . ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5004US 11-06 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY E NDOR EMENT This endorsement modifies insurance provided under the following : ALL COVERAGE PARTS Name Of Additional I nsured Person(s) Or Or~anization(s): If no entry appears above , this endorsement applies to all Additional Ins ureds covered under this policy. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess , contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5031US 04-10 Page 1 of 1 1. it incorporates You r Product or Your Work that is kno1tv11 or thought to be defective, deficient, inadequate or dangerous; or 2. you have failed to fulfill the terms of a contract or agreement; if such property can be re stored to use by: 1. the repair, replacement, adjustment or remova l of Your Product or Your Work; or 2. your fulfilling the terms of the contract or agreement. N. Insured means: 1. the Named Insured; 2. if you are designated in the declarations as: a. an individual, you and your spouse are insureds, but only VI.1th respect to the conduct of a business of IMlich you are the sole 01tv11er; b. a partnership or joint venture , you are an insured. Your members, your partners, and their spouses are also insureds, but only VI.1th respect to the conduct of your business . c . a limited liability company, you are an insured. Your members are also insureds, but only iMth respect to the conduct of your business . Your managers are insureds, but only VI.1th respect to their duties as your managers; d . an organization other than a partnership, joint v enture or limited liability company, you are an insured. Your executive officers and di recto rs are insureds, but only VI.1th respect to their duties as your officers or directors. Your stockholders are also insureds, but only VI.1th respect to their liability as stockholders·; e. a trust, you are an insured . Your trustees are also insureds, but only VI.1th respect to their duties as trustees; 3. your employees other than your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts wthin the scope of their employment by you or Wiile performing duties related to the conduct of your business; · 4. your volunteer vvorkers only IMlile performing duties related to the conduct of your business; 5. any person (other than your employee or voluntee r vvorker) or organization IMlile acting as your real estate manager; 6. your legal representative if you die, but only IMth respect to duties as such. That representative wlf have all your rig hts and duties under this policy; any person or organization, other than the Named Insured , included as an additional insured under Scheduled Underlying Insurance, but not for broader coverage than vvould be afforded by such Scheduled Underlying Insurance. NotiMthstanding any of the above : a. no person or organization is an Insured VI.1th respect to the conduct of any current, past or newy formed partnership, joint venture or limited liability company that is not designated as a Named Insured in Item 1 of the Declarations; and 90269 ( 11 /09) AH2711 Page 20 of 26 @ 2001 Includes copyrighted material of Insurance Services Office , Inc. VI.1th its permission .