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03-058 Sports Center Remodel, Proj 2003-9212, XL ConstructionRECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 '~~H~flIIIhIII~~N~ ~oP`., a~y~ Pages 3 No Fees BF;ENDA DAV [ S S~~NTA CLARA COUNTY RECORDER Recorded at the request of City RDE # 003 6/29/2004 126 PM ;SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOTH CODE 6103 CERTIFICATE Ole COMPLETION AND NOTICE OF ACCEPTAI\fCE OF COMPLETION CUPERTINO SPORTS CENTER REMODEL, PROJECT 2203-9212 ~~ ~~, ~~. ~~ ~~~ ,~' ~ . Original D For Fast Endorsement CITY OF CUPE~TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION ANI~ NOTICE OF ACCEPTANCE OF COMPLETION CUPERTINO SPORTS CENTER REMODEL, PROJECT 2203-9212 NOTICE IS HEREBY GIVEN THAT I, Ralpli A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements in hereinafter described in the contract which was entere-d into, by, and between the City of Cupertino and XL Construction on June 25, 2003, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of ~;ompletion was ordered on June 17, 2004. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. u,~c.u Director of Public Works and City Engineer of the City of Cupertino Date: June 21, 2004 Printed on Rec!~cled Paper VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under th~~ laws of the State of California, that the foregoing is true and correct. Executed on the 24th day of June, 2004 at Cupertino, California. ~~2~ ~. ~C~L~~G~C/~ Administrative Clerk City of Cupertino Project No.2003-9212 DOCUMENT 00520 ~ ~ ,~j~~v AGREEMENT THIS AGREEMENT, dated this day of~(.l..i'1lG/, 2003, by and between XL Construction Corporation whose place of business is located at 1500 Berger Drive, San Jose, CA 95112 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of Califomia ("City")acting under and by virtue of the authority vested in the City by the laws of the State of Califomia. WHEREAS, City, awazded on the 16th day of June, 2003 to the Contractor the following Project: PROJECT NUMBER 2003 - 9212 SPORTS CENTER REMODEL NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Conh~actor 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 Terry Greene, City Architect, to act as City's Authorized Representative(s), who will represent City in perfotming 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 fimctions to one or more specific City's Representatives, including without limitation engineering, azchitectural, inspection and general administrative functions, at any time with notice and without liability [o 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 David Marks of Nova Partners, Inc. to act as Construction Manager. City may assign all or part of the City Representative's rights, responsibilities and duties to Construction Manager. City may change the identity of the Construction Manager 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: 1030 Tone Avenue, Cupertino, Califomia 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. Contractor shall commence Work at the Site on the date established in the Notice to Proceed. CiTy reserves the right to modify or alter the Commencement Date of the Work. Contractor shall achieve Substantial Completion of the entire Work (other than erosion control and non-substantial punch list items) within 240 calender days as provided in Document 00700 (General Conditions): Contractor shall achieve Final Completion for the entire work within 270 calendar days. City of Cupertino Sports Center Remodel 00520 - 1 ' 1 ~ greement 4/11/03 ~ ~ j Project No.2003-9212 3.2 Liquidated Damaees. City and Contractor recognize that time is of the essence of this Agreement and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Article 15 of 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 $2,500 for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of each of the above referenced parts of the work (other than erosion control and non- substantial punch list items), until achieved. 3.2.2 $2,500 for each Day that expires aRer the time specified herein for Contractor to achieve Final Completion of each of the above referenced parts of the work until achieved; provided that the amount will be 2,500 per day until Substantial Completion of the entire Work (other than, erosion control and non-substantial punch list items) is achieved. 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 whatsover, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. 3.2.4 Six Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Constmctron Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsover, that Contractor fails to demonstrate to City's satisfaction is beyond Contractor's control. These measures of 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. 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 of $1,721,187.00 (One Million Seven Hundred Twenty One Thousand One Hundred Eighty Seven Dollars and No Cents )for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: (Mazked EXI-IIBIT A) The Contract Sum includes the Base Bid and Alternate Items No. 4 and 5. BASE BID $ 1,687,868.00 ALTERNATIVE NO. 4 $ 3,979.00 ALTERNATIVE NO. 5 $ 29,340.00 TOTAL CONTRACT $1,721,187.00 5 City of Cupertino Sports Center Remodel 00520 - 2 Agreement 4/ll/03 Project No.2003-9212 Article 5. Contractor's Representations )n order to induce City to enter into this Agreement, 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 Docmnents, 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, perfom~arrce or famishing 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 aze identified in Document 00320 (Geotechnical Data and Existing Conditions), or which may appeaz in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, Underground Facilities and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are of 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 [hat 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 Agreement, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, agreement, order or decree binding on Contractor. 5.8 Contractor has listed the Subcontractors pursuant to the Subcontractor Listing Law, Califonia Public Contracting Code §4100 et seg.: See attachment mazked "EXHIBIT A" City of Cupertino Sports Center Remodel 00520 - 3 Agreement 4/1 I/03 Project No.2003-9212 Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00510 Notice of Award Document 00520 Agreement Document 00530 Insurance Document 00550 Notice to Proceed Document 00610 Constmction Perfom~ance 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 00670 Escrow Bid Documents Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Supplementary Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Specifications City of Cupertino Division 1 General Requirements dated 4/11/03 section 0110, 01200, 01250, 0135, 01320, 01330, 01350, 01410, 01411, 01420, 01455, 01500, 01540, 10600, 01715, 01740, 01770, 01780 Technical Project Specifications Divisions 2 through 16 as prepared By Field Paoli Drawings - Field Paoli drawings dated Issued for bid dated 2/14/03 Addendums No. 1 issued May S, 2003 and no. 2 issued May 16, 2003 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 (Geotechnical Data and Existing Condifions), and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). Article 7. Miscellaneous 7.1 Terms used in this Agreement aze defined in Document 00700 (General Conditions) and Section 01420 (References and Definitions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Ageement 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 Zisting 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 agees 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 City of 6u¢6~@~nr, without further acknowledgment by the parties. Sports Center Remodel 00520 - 4 Agreement 4/11/03 Project No.2003-9212 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 Ute 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, 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' corrq~ensation 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 Agreement or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declazed 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 Agreement and the Contract Documents may be deemed valid and binding ageements, 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 Agreement and the Contract Documents shall be deemed to have been entered into in the County of Santa Claza, State of California, and governed in all respects by California law (excluding choice of law rules). T7te exclusive venue for all disputes or litigation hereunder shall be in Santa Claza 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 azising 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 I, Division 3.6, Part 3, Chapter 5. City of Cupertino Sports Center Remodel 4/11/03 00520 - 5 Agreement Project No.2003-9212 IN WI'T'NESS WHEREOF the parties have executed this Agreement in triplicate the day and yeaz fast above written. CITY OF CUPERTINO CONTRACTOR: ' CITY OF CUPERTINO, a Municipal Corporation of the Contractor's na e State of California I3y: [Signs Attest: a~^ .-~7~/l I 1'l0.~'-F- [Please print name here] City Clerk Approved as to by Ci el• Title: [If rp ation: Chairman ,President, or Vice President] i Attorney ~ y: .ti~~~~ [Signature] I hereby certify under penalty of perjury that David W. ~ 1°i ~~if~ Knapp of the City of Cupertino was duly authorized to [Please print name here] execute this document on behalf of the City of Cupertino by a majority vote of the City Council on June 16, 2003. Title: ~~°l'.rf ~ r [If Corporation: Secretary, Assists Secretary, Chief Financial Officer, or Assistant Treasurer] ated: ~ l!~ State Contractor's License No. Classification s I gal ~ 4 ~ o~~~? ~2y- td .Knapp, City Manager of the Ci f pertino, a Exp' ~ lion Dal Taxpayer ID No. Municipal Corporation of the State of California Designated Representative: r^ Name: Teny W. Greene Name: (~,/~1n p Title: Senior Architect Title: ~ ~ 1 ' ~lA~ C Address: 10300 Torre Avenue Address: 'l P~ Phone: 408-777-3354 Phone: V~p- - Facsimile: 408-777-3333 Facsimile:4 VC Z~ I ~ Z"T Z PROJECT NAME: SPORTS CENTER REMODEL NOTARY ACKNOLEDGMENT IS REQUIRED. IF A PROJECT NO. 2003-99212 CORPORATION,CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDGEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED CONTRACT AMOUNT: $ 1,721,187.00 ~ ~ J~ r~~~~,,,,- _ ACCOUNT NUMBER: 426-9212-9300 ~e~.~-~ ~h FILE NO : 52,053.20 ~ brci) P-..~'F ~-+olQy~,~.c.(L~ City of Cupertino END OF DOCUMENT Sports Center Remodel 00520 - 6 Agreement 4/11/03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~r*F c.. ~ ~ ss. County of `J ~a.v- On~vWU~~D,2-O>7.5, before me, ~F~^ `ff',~ ,P~tinl'~cvs~K~A~~CJ Date r~ Name a T of Officer (e.g., "Jane "DO"e, ~ou~ry Public') personally appeared ~rt.fj -l~~,c~-E p...,~„~~Vt~+n•t.~C_ , Neme(s) of Signer(s) personally known to me ? proved to me on the basis of satisfactory evidence to be the perso (s) hose name(s) 's/are subscribed to t e within ins ent and acknowledged to me that he/she/they ecuted the same in his/he /their authorized capacit ies), and that by his/h heir KIMSER~Y M. MURPHY signatures n the instrument the person ~ commiasionti29&184 the entity upon behalf of which the pers ~ NotaryPublie-Califoml~ ~ acted, executed the instrument. Santa Clara County My Comm E>rpirea Apr2, 2005 ~1 WITNESS my hand and official seal. ~1 Place Notary Seal Above i nature of Nota Public OPTIONAL I Though the in/ormation below is not required by law, it may prove valuable to persons relying on the document and could prevent /raudulent removal and reattachment of this form to another document. I Description of Attache poc ~j(~t ~ 0 ,I-. Title or Type of Document: ll,i~ Dti"~ ~..~11yOwc l n~ n r Document Dater ~AA'~+_~•C~ ~Z~~ Number of Pages: LI I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sign, Signer's Name: ~~W ~ IJa`~~.~.e.I~ ? Individual ~ • Top of thumb here Corporate Officer - Title(s)~r ~•t t ~-t'~L`-r~4 ? Partner-? Limi[ed ? General ? Attorney in Fact ? Trustee ? Guardian or Conservator ? Other: Signer Is Representing: ®1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Protl. No. 590] Reorder Call Toll-Free 1-800-616-682] Project No. 2003-9212 DOCUMENT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS -SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the insurance agent for worker's compensation only. City of Cupertino 00530 - 1 Insurance Forms Sports Center Remodel Projec[ 4/11/03 Project No. 2003-9212 i o CUPEI~TINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial genera] liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a fmancial rating of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work at, or prepazes or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each cazrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A, Class VII or better. LIMITS Worker's Compensation In accordance with the Worker's Compensation & Employers' Liability Act of the State of California -Worker's comp - "statutor}~' per CA Law; Employers' Liability - $1,000,000 per occurrence. City of Cupertino 00530 - 2 Insurance Forms Sports Center Remodel Project 4/11/03 Project No. 2003-9212 General Liability -commercial general liability; Combined single limit of $1.0 million per including provisions for contractual liability, occurrence; $2.0 million in the aggregate. persona] injury, independent contractors and products -completed operations hazard. Automobile Liability -comprehensive covering Combined single limit of $1.0 million per owned, non-owned and hired automobiles. occurrence. Consultants only: Errors and Omissions liability. $1.0 million per occurrence. Builder's all Risk Amount equal to 100% of the contract price bid; $25, 00 deductible is allowed ~1i ii l ~~Yl~trL.IC't1dY1 Cc~~. By: K,,,,,J ~ (Contractor's Name) Dated:~u h~~ ~_20Q~j City of Cupertino 00530 - 3 Sports Cen[er Remodel Project Insurance Fomvs 4/11/03 OB/20/200J 11:51 FA% 408 271 24E8 EL CONSIRUCI'ION CORP (i•In10 / Projcct No. 2003-9212 CUPEI~TINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the Ciry of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Irys~~: XL Construction Corporation Address;1500 Berger Drive San Jose, CA 95112-2703 Description ofoperations/locations/products insured (show contract Warne and/or number, if any): Job#t:2623 -Cupertino Sports Center 21111 Stevens Creek Blvd Cuuertino CA. 95014. WORKER'S COMPENSATION * Statutory Min. • Employer's Zurich American Ins. Co. Liability (name of insurer) i 51,000,000 $ 1,000,000 51,000,000 [nsurance Company's State License No-~ l~~f~~ .r-~' Check Policy Type: Each Occurrence S 1,000.000 COMPREHENSIVE GENERAL LIABILITY [ ] Premises/Operations General Aggregate S 2.000.D00 (if applicable) ' [ ] Owners & Contractors Protective Aggregate 5 1,000.000 ' ] Contractual for Specific Contract personal Injury S ' ] Products Liability ' ] XCU Hazards ] Broad Form P.D. Fire Damage (any one fire) S 300.000 ii [ ] Severability of Interest Clause ] Personal Injury with Medical Expense 5 1G,000 ' Employee Exclusion Removed (any one person) or Self-Insured X ":OMMERCIAL GENERAL LIABILITY Retention 5 American Zurich Insurance Company lname of insurer) =~~IicyNo. CP0399169800 Expiration Date 03/31/04 iry of Cupertino 00530 - 4 IK~ee Forme Sports Center Remodel Project a; I I /03 08/20/2003 11:31 FAZ 408 271 2428 %L CONSTRUCTION CORP f~011 y ~ Aojmt No. 20113-9212 AUTOMOT]VE/VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident Liability Coverage S S American Garantee & Liability Ins. Each Accident (name of insurer) S or Combined Single Limit S 1,000,000 Policy No. CP0399169800 ExpirationDste 03/31/04 BUILDER'S RLSK "ALL RISR° This is to certify that the following policy has issued by the balowitatod compmy in conformance with the requirements of the project documents and is in force at this time. Ronal Insurance Company (name of insurer) Policy No. PZST332253 Expi~ipnD~ 2/24/04 LimitaofLiability: $1,721,000 Deduch'ble: ~2 A copy of all Eadon:ements to the policy(ias) which in my way (agent's initial) limit the above-listed typos of coverage ate attarhod to thin Certificate of Irtstaanoe. This Certificate of Insurance is not m insurance policy and does not mMnd, axtead or alter the coverage afforded by the policies listed herein. Notwititstmdmg a~ requiranlent, term, or condition of my contract or any other document with teepees to which this Certificate of Insurance may be issued or [tray pertain, the insurance afforded by the policies described heroin is subject to all the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability irsurance as required by the Agreement between the City end the insured. By; Fred E. Godfrey Dated• June 25 20 03 Attach Certificate of Insurance and Additional Insured Endorsement on company forms. City of Cupertino 00530 - 5 lannattee Fomr Sporn Center Rerrtotbl Project 411 1103 XLCONSTR ACORD.~, CERTIFICATE OF INSURANCE o6~z4%o)s PeooucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Allied North America ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 39300 C1V1C Center Dr. Ste 390 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fremont, CA 94538 COMPANIES AFFORDING CO__VERAGE License No. OC38887 coMPANv (510) 578-2000 AAmerican Zurich Insurance Company INSURED COMPANY XL Construction Corporation L BAmerican Guarantee & Liability Ins. 1500 Berger Drive coMPANv San Jose, CA 95112-2703 cNat'1 Union Fire Ins Co of Pitts, PA COMPANY DZurich American Ins. Co. covERACes ; r 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. _ _ POLICY EFFECTIVE POLICY EXPIRATION LIMITS TYPE OF INSURANCE ~ POLICY NUMBER DATE (MMIDD/YY) DATE (MMIDDIYY) A GENERAL LIABILITY CP0399169800 (03/31/03 03/31/04 (GENERAL AGGREGATE ~$2LU~ ~00_ ~X~'COMMERCIAL GENERAL LIABILITY PRODUCTSCOMPIOP AGG $2., 00000 (CLAIMS MADE C OCCUR PERSONAL 8 ADV INJURY TEl ~ OJ_O O O Ir OWNER'S 8 CONTRACTOR'S PROT ~CH OCCURRENCE I~$ ~ O~ O O r- FIRE DAMAGE (Any onefre)_ 530000 Per Pro~ect_ _ - re dte MED EXP (Any one person) $10 000 B 'AUTOMOBILE LIABILITY CPO399169800 03/31/03 103/31/04 COMBINED SINGLE LIMIT $1, ~00, 000 ~X ANY AUTO BODILY INJURY ALL OW NED AUTOS $ (Per person) ~ ~ k SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ .(Per acatlenQ X~ NON-0WNED AUTOS r T _ _ -I PROPERTY DAMAGE S GARRlAGE LIABILITY AUTO ONLY-EA ACCIDENT $ -I ANV AUTO OTHER THAN AUTO ONLY _ 1 ~ EACH ACCIDENT $ AGGREGATE E O4 TEACH OCCURRENCE $~OOO,_OOO C EXCESS LIABILITY BE3205391 103/31/03 103/31/ _ XX~ UMBRELLA FORM (AGGREGATE S1~O~O0~ OTHER THAN UMBRELLA FORM ~ $ D (WORKERS COMPENSATION AND WC39916990~ (03/31/03 C3 /31/04 X~STATUTORV LIMITS ( 000 000. EMPLOYERS' LIABILITY EACH ACCIDENT $1 , 1 THE PROPRIETOR( INCL D~ASE-POLICY LIMIT _ $1 , O O O , O O O PARTNERS/EXECUTIVE r~ i DISEASE-EACH EM PLOYEE $1, 000, 000 OFFICERS ARE EXCL OTHER Royal Ins. P2ST332253 06/24/03 02/24/04 $1,721,200 Limit on Co./ Builders (Covered Property incl (Risk Coverage Flood & Earthquake DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: Job#:2623 - Cupertino Sports Center, 21111 Stevens Creek Blvd., Cupertino, CA 95014. The City of Cupertino, a Municipal Corporation of (See Attached Schedule.) CERTIFICATEHOLDER ' CANCELLATION Te11 Day NOt1Ce fOr NOt-PdymeIl RECEIVED SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Cupertino EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL bSW9W[~4SC Public Works Dept. JUN ~ ~ -3-0-DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Terry Greene musaucv~cw~aavs~x~sa°~°~°~~Qa4~°~°~xx 10300 Torre Avenue X ~ CGIlSt. amaeawoaaxxoEamc~oxxec~TBx~n~xx Cupertino, CA 95014-32 02 AurH EPR:E NrAnv ACORD25~SI(3199)], of.Q S219508 M219507- I~/ G ©kCORDCORPORAT10Nr1993 DESCRIPTIONS (Continued from page 1.) the State of California, its City's Officers and their employees, rep- resentatives, consultants (including without limitation Consulting Eng- ineer), and agents, and Architect as Additional Insureds, but only with respect to liability arising out of the activities of the named insured, per the attached endorsement. Waiver of Subrogation applies in regard to General Liability and Workers' Compensation. C~SGEM25,2(3193}2 of 2 '#52195::0$ M219507 POLICY NUMBER: CP0399169800 COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES or CONTRACTORS FORM B This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Cupertino Public Works Dept. Attn: Terry Greene 10300 Torre Avenue Cupertino, CA 95014-3202 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. RE: Job#:2623 - Cupertino Sports Center, 2111 Stevens Creek Blvd., Cupertino, CA 95014. The City of Cupertino, a Municipal Corporation of the State of California, its City's Officers and their employees, rep- resentatives, consultants (including without limitation Consulting Eng- ineer), and agents, and Architect as Additional Insureds, but only with respect to liability arising out of the activities of the named insured, per the attached endorsement. Waiver of Subrogation applies in regard to General Liability and Workers' Compensation. IT IS AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED (S) IS EXCESS AND NOT CONTRIBUTORY WITH THIS INSURANCE THE ADDITIONAL INSURED (S) WILL BE GIVEN THIRTY [30] DAYS WRITTEN NOTICE BEFORE ANY CANCELLATION, NON-RENEWAL OR REDUCTION OF COVERAGE EXCEPT FOR NON-PAYMENT OF PREMIUM TEN [10] DAYS NOTICE WILL BE GIVEN. AS RESPECTS LIABILITY, IT IS AGREED THAT ALL RIGHT OF SUBROGATION IS HEREBY WAIVED AGAINST THE ADDITIONAL INSURED (S) IDENTIFIED IN THIS ENDORSEMENT. CG 20 10 10 93 OB/2p/2003 11:31 FAS 408 271 2428 SL CON5IRUCTION CORP X012 Frojcct No. 2003-9212 L~or CUPEI+iTINO ADDITIONAL INSURED ENDORSEMENT and ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Ntunber: JobN:2623 -Cupertino Sports Center In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employces, and all public agencies from whom permits will be obtained and their directors, officara, engineers, agents and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the prtanises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and m additional insurance held or owned by the designated additional inswed(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior v. ritten notice by certified mail, return receipt requested, has ban given to the City of Cupertino -.^_ity'~. Such notice shall be addressed to the City as indicated below. '=)LICY INFORMATION lnsurance Company: American Zurich Insurance Company ' Insurance Policy Number: CP0399169800 II . Effective Date of this Endorsement: June 25 Zp 03 . Insured: XL Construction Corporation All notices herein provided to bo given by the Insurance Company to the City in connection ith this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre >-.venue-, Cupertino, California 9501. C'.n of Cupenino OOSJO - 6 Ineursnee Fomrt ipons Center Remodel Project lilllOJ 08/20/2009 11:32 FAd 408 271 2428 dL CONSTRUCTION CORP f~013 Project No. 2003-9212 1, Fred E. Godfrey (P~~tYPeO~e) warrant that I have authonty to bald the below listed Instaaace company aad by my sigtlatluc hereon do so bind this Company. Signattue of Authorized Replsstattative: C`~ ' (Onginal signature required on all Endo oats fiunished to the 'ct) Names of AgenUAgeney: Allied North America TiUe:Sr. Account Manager Address: 39300 Civic Center Dr. Ste. 390 Telephone: 510 578-2000 Fremont. CA 94538 Facsimile: 510 57 -2101 City of Cupertino 00530.7 Ineunnce Foma Spore Cemer Remodel Project 4/11/03 CVO/lb/GUUJ lu:dG PNA 4Utl L/1 L4Lti dL GU1V 5T1CUl:'l1UtV I.UKY IQJ UU5 ' - ProjectNo.2003-9212 1 CUPEI~TtNO f COMPREHENSIVE GENERAL L1:ABIL,ITY ~ COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMTPS OF ~ INSURANCE PER PROJECT l Project Title and Number: Job#:2623 -Cupertino Sport$ Center ~ j 1n consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below-referenced policy of insurance. The general aggregate limit under LIIvIITS OF INSURANCE applies separately to the project described ~ Cupertino Sports Center POLICY IIVFORMATION 1. Insurance Company: Amerirs+n Zurich Insurance Company 2. Insurance Policy Ntunber: CP0399169800 3. Effective Date of this Endorsement: 03/31 20 03 4. Insured: XL Construction Corporation 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in cotmection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Gtitpertino, California 95014: I, Fred Godfrey (prinUtype name) warrant that I have authority to bind the below listed losurance Co any and by my signature hereon do so bind this Company. / Signature of Authorized Representative: ~ (Original signature required on all Endorsements furnished to the District) Names of AgendAgency: Allied North America Title: Sr. Account lYianager Address: 39300 Civic Center Drive #390 Telephone: 510-578=2000 Fremont, CA 94538 Facsimile: ~57A-2101 . City of Cwpertino 00530 - 8 [osmgnce Forms Sports Cevter Remodel Project 4/11/03 uo tai zuus toss reA 4Ua Z!1 242ti XL CUNS'17LUC'1'lUN CUHP IQ 006 Project No.2003-9212 ~ CUPEfI`TINO WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE ' Project Title and Number: JobI:2623 -Cupertino Sports. Center In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefinm,. sustained by any employee of the insured, arising out of the performance of the above-referenced Contract. POLICY INFORMATION 1. Insurance Company: Zurich American Ins. Co. 2. Insurance Policy Number: WC399169900 ~ ~ 3, Effective Date of this Endorsement: ~ 03/31 20 03 4. Insured: %I. Construction Corporation All notices herein provided to be given by the Insurance Company to the City is connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre ' Avenue; Cupertino, California 95014. I, _ Fred Godfrey _(prinUtype name) ~ warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. ¢~""s~'•~`,~, 5r m Signature of Authorized Representative: _ - ~ ~ - (Original signature required on all Endorsements furnished to the District) ~ Names of i Agent/Agency: Allied North America Title:Sr. Account Pianager Address: 39300 Civic Center I3rive #390 Telephone: (510) 578'-2000 Fremont. CA 94538 Facsimile: (510) 578-2101 City of Cupertino 00530 - 9 ~ insurance Forms SpoRS Center Remodel Project ' 4/11/03 . Proj ect No. 2003-9212 Bond No. 81876521 DOCUMENT 00610 Premium: $16,630.00 CONSTRUCTION PERFORMANCE BOND TEAS CONSTRUCTION PERFORMANCE BOND ("Bond'? is dated Jame. 20 2003 is in the penal sum of One Million Seven Hundred Twent One Thousand One Hundred Eighty Seven and No/100 Dollars ($1 721 187 00) [which is one hundred percent of the Contract Price], and is entered into by and between the parties fisted below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12, attached to this page. Any singular reference to XL Construction Corporation ("Contractor"), Vigilant Insurance Company ("Surety"}, the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: SURETY: XL Construction Corporation Vigilant Insurance Company Name Name 1500 Berver Drive 15 Mountain View Road Address Principal Place of Business San Jose CA 95112 Warren, NJ 07059 City/State/Zip City/StatelZip CONSTRUCTION CONTRACT: SPORTS CENTER REMODEL PROJECT PROJECT NUMBER 2003-9212 ' A[ Cupertino, California. DATED June 20 , 20 03 in the Amount of $ 1 721 187.00 (the "Pena] Surri') CONTRACTOR AS PRINCIPAL SURETY Company: (Co eal) Company: (Corp.) Signature: Signature: Name and Title: o ~C~' Name and Title: Bonnie T. Atnip, Attorney-in-~Fact BOND TERMS AND CONDITIONS. 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Constnrction Contract, which is incorporated herein by reference. 2. [f Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor sha[I have no ob`.igation under this Bond. 3. If there is no City Default, Surety's obligation under this Bond shall arise after; 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Constrvction Contract; and 3.2 City has agreed to pay the Balance of the Contract Sum: 3.2.1 To Surety ih accordance with the terms of this Bond and the Construction Contract; or 00610 - l Construction Performance Bond City of Cupertino Sports Center Remodel Project 4/11!03 Project No.2003-9212 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Consavction 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 Ciry, 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 Constmction Contract itself, through its agents or through independent contractors; provided, that Surety may no[ select. Contractor as its agent or independent contractor without City' a consent; or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids [ion 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 concurrenee, to be secured with perfotmance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Constmction Contract; and, if Surety's obligations defined io 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 wnsultation with City, determine in good faith its monetary obligation to City underparagtaph6, 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 explanafion 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 theamount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6, below. 5. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation, and by way of example only, fights 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 shalt 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 noliquidated 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, indernniues, or other damages; 6.3 Addional legal, design professional and delay costs resulting from Contractor Default or resulting (ion the actions or failure to act of the Surety under paragraph4,above(but excluding attorney's fees incurred to enforce this Bond). 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. City of Cupertino 00610 - 2 Constmction Performance Bond Sports Center Remodel Project 4/ 11 /03 - ~ Project No. 2003-9212 8. Surety hereby waives notice of any change, attemHon 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 effect the obligations of Surety on [his 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 Ciry 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 agreements under paragraph 3.2 of this Bond uniess expressly stated otherwise. ! 0. All notices [o 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 (Agreement). 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 [o such stamtory 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 approvedmodifications to Ute Construction Contract. 12.2 Construction Contract: The agreement 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 [he terms of the Constritetion Contract including, but not limited to, "default" or any other condition allowing a termination for cause es provided in Document 00700 (General Conditions). 12.4 City Default: Material failure of City, which has neither beenremedied nor waived,. to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT City of Cupertino 00610 - 3 Construction Perfomtance Bond Sports Center Remodel Project 4/11/03 This Notice pertains to the following Surety Bond issued by a member insurer of the Chubb Group of Insurance Companies, including Federal Insurance Company, Vigilant Insurance Company an d Pacific Indemnity Company. Bond Number: 81876521 POLICYHOLDER DISCLOSURE NOTICE TERRORISM RISK INSURANCE ACT OF 2002 You aze hereby notified that pursuant to the Terrorism Risk Insurance Act of 2002 (the "Act") effective November 26, 2002, we aze making available to you coverage for losses arising out of certain acts of international terrorism. Terrorism is defined as any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Coverage for acts of terrorism is already included in the captioned Surety Bond. You should know that, effective November 26, 2002, any losses caused by acts of terrorism covered by your Surety Bond will be partially reimbursed by the United States under the formula set forth in the Act. Under this formula, the United States of America pays 90% of covered terrorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage. The portion of your premium that is attributable to coverage for such acts of terrorism is zero, because we could not distinguish (and separately charge for) acts of terrorism from other causes of loss when we calculated your premium. If you have any questions about this notice, please contact your agent or broker. cr-sure Chubb POWER Federal Insurance Company Attn.: Surety Department - ~ Surety OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, tlo each hereby constitute and appoint------------- Dertnod E- Houweling, James W. Untiedt, Bonnie T. Atnip, DaNd G. Hams, Maureen E. Schmidt, Jeffrey W. Parkhurst rind Kathleen Bryant of Fremom, California-------_----_._--_----_ each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, end PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 3rd day of February pOD3 Kenneth C, Wendel, Awfatanl Seveetery Frank ~ iinbateon, Y~cePmaaiaM. STATE OF NEW JERSEY) ss. County of Somerset On this 3rd tlay of February 2003 ,before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attomey, antl the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, end PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals aNixed to the foregoing Power of Attomey are such coryorate seals and were thereto affixed by authority of the By-Laws of said Companies; and that he signetl said Power of Attomey as Assistant Secretary of said Companies by like authority; and [hat he is acquaintetl with Frank E. Robertson, and knows him to be Vice President of said Companies; and that the signature of Frank E. Robenson, subscribed to said Power of Attomey is in the genuine handwriting of Frank E. Robertson, and was thereto subscrbetl by authority of said By-Laws and in deponent's presence. ery MANN CAI.~E ~ ~ ~r~ I~~k.21$39QY Notarial Seal rkIM11kp0a figtiee /1DV.1ff.2005 ~J~,w Notary Public CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing eMract of the 8y-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the Unhed States of America and the District of Columbia antl are authorized by the U. S. Treasury Departrnent; further, Federal and Vigilant are licensed in Puerto Rico and the U. S. Virgin Islands, and Federal Is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 20th day of June 2003 sumac p~ ti W ~ - 9 o > yNDIANP N7fCOMSkv' eHEW Y00.'l"e /L~/p?.,`"'.-.a`'f Kenneth C. Wendel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908)903-3485 Fax 908 903-3656 ( ) e-mail: suretv~chubb corn 1540-02259 (Ed. a-89) CONSENT STATE OF CALIFORNIA } } ss. COUNTY OF ALAMEDA } } On June 20, 2003, before me, JENNIFER E. DIRKING, Notary Public, personally appeared Bonnie T. Atnip, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. , JENNIFER E. DIRKING a Commission # 1398479 § . -u Notary Public -California ' ~ Alameda Count' - My Comm. Expires Feb q, 2007 e.~.~ F Je ' er E. Dirl g, Notary Public - Califomia~ (Seal) Description of Attached Document: XI. Constmction Corporation City of Cupertino Sports Center Remodel Project Performance and Payment Bonds No. 81876521 Project No. 2003-9212 Bond No. 81876521 DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond") is datedJg y0T_~ 2~~~i001bllazs penal sum of One Million Seven Hundred Twenty One Thousand One Hundred Ei t e en [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 Band consists of this page and the Bond Terms and Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to XL Construction Corporation ("Contractor"}, Vigilant Insurance Company ("Surety"), the City of Cupertino, a Mumctpal Corporation of the State of California ("City's or other parry shalt be considered plural where applicable. CONTRACTOR: SURETY. Vigilant Insurance Company XL Construction Corporation Name Name 1500 Berger Drive 15 Mountain View Road Address Principal Place of Business Warren, NJ 07059 San Jose CA 95112 City/State/Zip City/Stake/Zip CONSTRUCTION CONTRACT: SPORTS CENTER REMODEL PROJECT PROJECT NUMBER 2003-9212 at Cupertino, Califomia. - DATED June 20 , 20 03 in the Amount of $ 1, 721,187.00 (the "Penal Sum") CONTRACTOR AS PRINCIPAL SURETY Company: orp. Se Company: (Corp. Seal) Signature: Signature: - ~ Name and Title: iGl ~ v q~ ~Qf Name and Title: Bonnie T. Atnip, Attorney--:n-Ract I 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 famished for use in the performance of the Construction Contrack, which is incorporated herein by reference. 2, With respect Co.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 eny person or entity who funtished labor, materials or equipment for use in [he performance of the Constmcfion Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety, and provided there is no City Default. 3- With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the City of Cupertino 00620 - 1 Construction Labor and Material Payment Bond Sports Center Remodel Project 4/11/03 Project No. 2003-9212 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 Califomia 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 fast 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 $ond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. g, 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 teems of the Construction Contract„or to the Work to be performed thereunder, or materials or equipment to be famished 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 Conswction Contract or to the Work of 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 famished 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 maybe filed as provided in Civil Code §3184. 10. All notices to Surety or Contractor shell be malledor 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 (Agreement). Actual receipt of notice by Swety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. l 1. This Bond has been ftuniahed to comply with the Califomia 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 ncorpOrnted here ne The intent is that this Bond shall be conshved as s statutory bond and no as aacommon~ w bond. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly famish a copy of this Bond or shall pemtit 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 (l) work of a similar character in the locality in which the Work is performed and (2) Iegal holiday and overtime work in said locality.' The per diem wagesshall be an amount equal to or more than the stipulated rates contained vt 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 pee diem wages for each craft or type o£ 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. 14: Defmitions. 14.1 Claimant: An individual or entit)f 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, es further City of Cupertino 00620 - 2 Construction Labor and Material Payment Bond Sports Center Remodel Project 4/11/03 Project No. 2001-9212 defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for pedotmance of the Wotk 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 agreement between City and Contractor identified on the signature page of this Bond, including ail 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 Contmctor to pay the Claimants and is sufficient to justify termination of the Constmction Contract. END OF DOCUMENT City of Cupertino 00620 - 3 Constmc6on Labor and Material Payment Bond Sports Center Remodel Project - _ 4/11/03 This Notice pertains to the following Surety Bond issued by a member insurer of the Chubb G roup of Insurance Companies, including Federal Insurance Company, Vigilant Insurance Company an d Pacific Indemnity Company. Bond Number: 81876521 POLICYHOLDER DISCLOSURE NOTICE TERRORISM RISK INSURANCE ACT OF 2002 You aze hereby notified that pursuant to the Terrorism Risk Insurance Act of 2002 (the "Act") effective November 26, 2002, we aze making available to you coverage for losses arising out of certain acts of international terrorism. Terrorism is defined as any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Coverage for acts of terrorism is already included in the captioned Surety Bond. You should know that, effective November 26, 2002, airy losses caused by acts of terrorism covered by your Surety Bond will be partially reimbursed by the United States under the formula set forth in the Act. Under this formula, the United States of America pays 90% of covered terrorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage. The portion of your premium that is attributable to coverage for such acts of terrorism is zero, because we could not distinguish (and separately charge for) acts of terrorism from other causes of loss when we calculated your premium. If you have any questions about this notice, please contact your agent or broker. clt-eves - ~ Chubb POWER Federal Insurance Company Attn.: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety gTTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoin[--------------------------------------- Dertnod E. Houweling, James W. Untiedt, Bonnie T Atnip, DaNd G. Hams, Maureen E. Schmidt, Jeffrey W. Parkhurst and Kathleen Bryant of Fremont, Califomia--------------_--_-_-_____-- each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereot (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have/e~a''c/h execut~edy a~n/!dJ/a~ttes/ted~these p~res}efnts and affixed their corporate seals on this/nj Ord day of February 2003 Ksn/`-~ . WF'~f.G~17 G . fi/,~~L.f/ Fnn`k-•`~ STATE OF NEW JERSEY} ss. "~7~- Counry of Somerset On this 3rd day of February 2003 ,before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to f>e Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Anorney, and the said Kenneth C. Wendel being by me duly swum, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows [he corporate seals [hereof, that the seals eHixetl to the foregoing Power of Attomey era such corporate seals and were thereto affixed by authority of the By-Laws of saitl Companies; antl that he signed said Power of ANOmey as Assistant Secretary of said Companies by like authority; antl that he is acquainted with Frank E. Robertson, end knows him to be Vice Presitlent of said Companies; and that [he signature of Frank E. Robertson, subscribed to said Power of Attomey is in the genuine handwriting of Fmnk E. Robertson, and was thereto subscribed by authority of said By-Laws and in deponent's presence. MNYIi CAl19E ~p WGIIry PrE1C.81r/d1I0M•INrfeY /J No.2t09A8Y / / Notarial Seal OfINItNYl0lr legn~NOr. 18. a1~ l.Gly-c.i l.~l~-~.c.~- Notary Public CERTIFICATION EMrect from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached' I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing eMract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are autorized by the U. S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U. S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prirxx3 Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 20th day of June 2003 . `d`'oruNOFC `~ofYaRr ~ .~`'~a ~F~ O W~'~ 3~r p w ~ of _ 4 3( ~ 9 i9a i2 yNDIAN~ K7SC NA+• NEW Y00.'t' "ro"7 Kenneth C. Wendel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903.3485 Fax (908) 903-3656 a-mail: surety~chubb.com 15-10.0225B (Etl. d-99) CONSENT STATE OF CALIFORNIA ~ ss. COUNTY OF ALAMEDA } On June 20, 2003, before me, JENNIFER E. DIRKING, Notary Public, personally appeared Bonnie T. Atnip, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. . JENNIFER E. DIRNING Commissbn # 1398419 ~ ; -a Notary Public -California - ~ Alameda County - My Comm. Expires Feb 4, 2007 ~ ~ Q Q ~lA~!Cd ~P A C. 1 l ~,,,4 1 J~mfer E. irking, Notary Pu~Califo>mi (Seal) Description of Attached Document XI, Construction Corporation City of Cupertino Sports Center Remodel Project Perfo>mance and Payment Bonds No. 81876521 Project No. 2003-9212 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINQ a Municipal Corporation of the State of California ("City"), for constmcion of SPORTS CENTER REMODEL PROJECT CUPERTINO, CALIFORNIA The undersigned guazantees all construction performed on this Project and also guazantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Completion, 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 Guazanty 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 witln one yeaz, or longer if specified, from the date of Final Completion. If within one yeaz after the date of Fina] Completion, 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 temrs of such instmctions, 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 aze 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 01420 (References and Definitions). The foregoing Guaranty is in addition to any other wananies of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the temu of tlis Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. o ct 's e T r, ess ~ I City/State/Zip Date END OF DOCUMENT City of Cupertino 00630 - 1 Guaranty Sports Center Remodel Project 4/11/03 ' Project No.2003-9212 'DOCUMENT 00670 ESCROW BID DOCUMENTS 1. Requirements for Escrow Bid Documents. a. Within the time period established in Document 00200 (Instructions to Bidders), Contractor shall submit to CiTy a set of Escrow Bid Documents as defined in pazagraph 2 below. Escrow Bid Documents will be used only in the manner and for the purposes described in this Document 00670. b. The submission of the Escrow Bid Documents, as with the bonds and insurance documents required under Document 00200 (Instructions to Bidders), is considered an essential part of the Contract award. Should Contractor fail to make the submission within the allowed time specified, Contractor may be deemed to have failed to enter into the Contract, Contractor shall forfeit the amount of its Bid security accompanying Contractor's Bid, and CiTy may awazd the Contract to the next lowest responsive responsible Bidder. c. NO PAYMENTS WILL BE MADE, NOR WILL CITY ACCEPT CHANGE ORDER REQUESTS UNTIL THE ABOVE-REQUIRED INFORMATION IS SUBMITTED AND APPROVED. ALTERNATIVELY, CITY MAY DECLARE THE BID NON-RESPONSIVE. d. Contractor shall submit the Escrow Bid Documents, in person by an authorized representative of the Contractor, to: Terry Greene City Architect City of Cupertino 10300 Torre Avenue Cupertino, California 95014 2. Scope of Escrow Bid Documents. a. Within the time period specified m Document 00200 (Instructions to Bidders), Contractor shall submit one copy of all documentary information received or generated by Contractor in prepazation of Bid prices for the Contract Documents, as specified in paragraphs 5 and 6 of this Document 00670. This material is referred to in this Document 00670 as the "Escrow Bid Documents." Contractor's Escrow Bid Documents will be held in escrow as provided in this Document 00670. b. Contractor represents and agrees, as a condition of award of the Contract, that the Escrow Bid Documents constitute all written information used in the preparation of its Bid, and that no other written Bid prepazation information shall be considered in resolving disputes or claims or may be considered in legal proceedings. Contractor also agrees that nothing in the Escrow Bid Documents shall change or modify the terms or conditions of the Contract Documents. Contractor is advised that the Escrow Bid Documents will only be used as a guide in the resolution of disputes and claims. 3. Ownership of Escrow Bid Documents. a. The Escrow Bid Documents are, and shall always remain, the property of Contractor, subject to joint review by City and Contractor, as provided in this Document 00670. b. CiTy stipulates and expressly acknowledges that the Escrow Bid Documents constitute trade secrets. This acknowledgement is based on CiTy's express understanding that the information contained in the Escrow Bid Documents is not known outside Contractor's business, is known only to a limited extent and only by a limited number of Contractor's employees, is safeguarded while in Contractor's possession, is extremely valuable to Contractor and could be extremely valuable to Contractor's competitors by virtue of it reflecting Contractor's contemplated construction techniques. City further acknowledges that the Escrow Bid Documents and the information contained in them aze made available to City only because such action is an express pre-requisite to award of the Contract. City agrees to safeguazd the Escrow Bid Documents, and all information contained in CiTy of Cupertino 00670 - 1 Escrow Bid Documents Sports Center Remodel Project 4/11/03 Project No. 2003-9212 them, against disclosure to the fullest extent permitted by law, consistent with pazagraph 4 of this Document 00670. 4. Escrow Bid Documents tray be used in the determination of price adjustments and change orders and in the settlement of disputes and claims. If used in legal proceedings, Escrow Bid Documents shall be subject to an appropriate protective order limiting their disclosure. 5. Format and Contents of Escrow Bid Documents. a. Contractor may submit Escrow Bid Documents in their usual cost-estimating format; a standazd fomtat is not required. Contractor shall prepaze and submit the Escrow Bid Documents in English. b. City requires Contractor to itemize cleazly in the Escrow Bid Documents the estirnated costs of performing the work of each Bid item contained in Contractor's Bid. Contractor shall sepazate Bid items into sub-items as required to present a detailed cost estimate and allow a detailed cost review. T1te Escrow Bid Documents shall include all Subcontractor bids or quotes, supplier bids or quotes, quantity take-offs, crews, equipment, calculations of rates of production and progress, copies of quotes from Subcontractors and suppliers, and memoranda, narratives, add/deduct sheets, and all other information used by Contractor to arrive at the prices contained in the Bid. Escrow Bid Documents shall include costs of scheduled maintenance, depreciation, fleet rental expense discounts and incentives, and similar cost adjustments if used by Contractor to calculate its Bid prices. Estimated costs shall be broken down into Contractor's usual estimate categories such as direct labor, repair labor, equipment ownership and operation, expendable materials, petrnanent materials and subcontract costs as appropriate. Plant and equipment and induect costs should be detailed in Contractor's usual format. Contractor shall identify its allocation of induect costs, contingencies, markup and other items to each Bid item a Contractor shall identify all costs. For Bid items amounting to less than $10,000, Contractor may estimate costs without a detailed cost estimate, provided that Contractor includes applicable labor, equipment, materials and subcontracts, and allocates applicable indvect costs, contingencies and rnatkup. d. Bid documents provided by City should not be included in the Escrow Bid Documents unless needed to comply with these requirements. 6. Submittal of Escrow Bid Documents. a. Contractor shall submit the Escrow Bid Documents within ]4 Days after the award. The container shall be cleazly mazked on the outside with Contractor's name, date of submittal, project name and the words "Escrow Bid Documents -Open only in the presence of Authorized Representatives of both City and Contractor." City will review the Escrow Bid Documents for initial compliance. City has three Days after receipt of Bidder's Escrow Bid Documents to demand additional information. b. By submitting Escrow Bid Documents, Contractor represents that the material in the Escrow Bid Documents consfitutes all the documentary infomtation used in prepazation of the Bid and that Contractor has personally examined the contents of the Escrow Bid Documents container and has found that the documents in the container are complete. Contractor agrees that it will not introduce or rely on any other documents to prove how it prepazed its Bid. c. If Contractor's proposal is based upon subcontracting any part of the Work, each Subcontractor whose total subcontract price exceeds five percent of the total Contract Sum proposed by Contractor, shall provide separate Escrow Documents to be included with those of Contractor. Such documents shall be opened and examined in the same rnantter and at the same time as the examination described above for Contractor. d. If Contractor wishes to subcontract any portion of the Work after awazd, City retains the right to require Contractor to submit Escrow Documents for the Subcontractor before approval of the subcontract. 00670 - 2 Escrow Bid Documents City of Cupertino Sports Center Remodel Project 4/11/03 Project No.2003-9212 7. Storage, Examination, and Final Disposition of Escrow Bid Documents. a. The Escrow Bid Documents will be placed in escrow until Final Completion of Work on [he Project, in a mutually agreeable institution. Contractor shall pay the cost of storage for the Escrow Bid Documents until that time. The storage facilities shall be the appropriate size for all the Escrow Bid Documents and located conveniently to both City's and, to the extent reasonably possible, Contractor's offices, but in no event outside the County of Santa Clara. b. Both City and Contractor shall examine the Escrow Bid Documents, at any time deemed necessary by either City or Contractor, to assist in the negofiation of price adjustments and change orders or the settlement of disputes and claims. Examination of the Escrow Bid Documents is subject to the following conditions: i. As trade secrets, the Escrow Bid Documents aze proprietary and confidential under pazagraph 3.b. of this Document 00670. ii. City and Contractor (and any Subcontractor, to the extent Escrow Bid Documents aze required by a Subcontractor) shall each designate in writing to the other party(s) at least seven Days prior to any examination, representatives who aze authorized to examine the Escrow Bid Documents. Except as otherwise provided in a court order, no other persons shall have access to the Escrow Documents. iii. Except as otherwise provided in a court order, access to the documents may take place only in the presence of duly designated representatives of both City and Contractor. If Contractor fails to designate a representative or appeaz for joint examination on seven Days' notice, then City's representative may examine the Escrow Bid Documents upon an additional three Days' notice. iv. Following Final Completion of Work on the Project and achievement of fmal settlement, City shall direct the escrow agent holding the Escrow Bid Documents in writing to return those documents to Contractor. END OF DOCUMENT City of Cupertino 00670 - 3 Escrow Bid Documents Sports Center Remodel Project 4/11/03 Project No. 2003-92]2 DOCUMENT 00400 ~ g BID FORM if~iti9A CITY OF CUPERTINO SPORTS CENTER REMODEL PROJECT No. 2003-9212 Office of the City Clerk City of Cupertino, City Hall 10300 Torre Avenue, Cupertino, CA 95014 To be submitted as part of Envelope "A" by the tithe and date specified in Document 00200 (Instructions to Bidders), Paragraph 1. TO '1HE HONORABLE CITY COUNCIL OF THE CITY OF CUPERTINO THISBID IS SUBMITTED BY: XL Construction Corporation (Fitm/Company Name) Re: PROJECT NUMBER 2003-9212, SPORTS CENTER REMODEL 1. The nndersigted Bidder proposes and agees, if this Bid is accepted, to enter into an ageement with the City of Cupertino ("City's in the form included in the Conttact Documents, Document 00520 (Ageement), to perfotm and furnish all Work as specified or indicated in the Connact Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other tents and conditions of the Contract Documents. All portions of this Bid Fotm must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non-responsive. 2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100 (Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with Ute disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening. 3. In submitting this Bid, Bidderrepresents: (a) Bidder has examined all of the Contract Documents and the following Addenda (receipt of all of which is hereby aclmowledged). Addendum No. ~ Addendum Date j Si tore of Bidder 1 ~ 5/8/03 ~ 2 ~ 1 0 ~ City mf Cupertino Sporn Center Remodel 00400 - 1 Bid Form 4/I lA3 Project No. 2003-9212 (b) Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and analysis and given notices, regazding the Project and the Site, as set forth in Document 00520 (Agreement), Article 5. (c) Bidder has received and examined copies of the following technical specifications on City-provided, Contractor-installed equipment. (N/A) (d) Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies [hat 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 Conttactor. (e) Bidder has attended Pre-Bid Mandatory meeting on Apri129, 2003. YES~_ NO 4. Based on the foregoing, Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the following sums of money listed in the following Schedule of Bid Prices: SCHEDULE OF BID PRICES All Bid items, including lump sums and unit prices, must be filled in completely. Bid items are described in Section 01100 (Summary of Work). Qoote in figures only, unless words are specifically requested. Please note that no day extensions will be permitted with the acceptance of the Bid Add Alternates as listed below. ' ' UNIT ITEM DESCRIPTION UNIT PRICE TOTAL 1. LUMP SUM BASE BID TOTAL -Sports Center Lump $ ~ j ~ ~ ~ ~7~6 Remodel Sum _--~l~y~ t~ 2. Alternate Item No. 1-Add Multi-Purpose room Lump $ - ~ ~ ~ / ' "Skylight". Sum 3. Alternate Item No. 2 -Add Tennis Observation deck Lump $ as indicated on drawin Sum ~ 7 4. Alternate Item No. 3 -Add Tennis Instruction Lump $ viewin deck as indicated on drawin s. Sum 7 g, Alternate Item No. 4 -Add Rubber Sports flooring Lump $ and carpet file per drawings and alternate material Sum schedule. 3/ ` 7 6. Alternate Item No. 5 -Add casework at rooms Lump $ 119,126, 211 and back wall at reception cabinetry as Sum indicated on the drawin s. ~ 9l ~ ' TOTAL BASE BID + $ ~46 3 7 ALTERNATES 1-5 TOTAL BASE BID ONLY PRICE: . ,~Ai~.r.~n N/ih9 ~L~~/. 5. Subcontractors for work included in all Bid items are listed on the attached Document 00430 (Subcontractors List). 6. The undersigned Bidder understands that City reserves the right to reject this Bid. 7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time CiTy of Cupertino Sports Center Remodel 00400 - 2 Bid Form 4/11/03 Project No; 2003-9212 thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Insuvctions to Bidders) within the times specified therein. These documents include; but are not limited to, Document 00520 (Agreement), Document 00610 (Constmction Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond). 8. Notice of Awazd or request for additional information may be addressed to the undersigned Bidder at the address set forth below. 9. 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 fiunished by a surety authorized to do a surety business in the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent (10%) of the total of Bid items 1 through 15 and made payable to the "City of Cupertino". 10. The undersigned Bidder agees 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 (Agreement). The undersigted 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. 11. 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 (Ageement) shall be as set forth in Document 00520 (Ageement). 12: Bidder Agrees that if awarded the job that it will complete the proposed work within 270 calendaz days from the notice to proceed as more specifically defined in Document 00520(Ageement): City of Cupertino Sports Center Remodel 00400 ' 3 Bid Form 4/1 I/03 Project No. 2003-9212 13. The names of all persons interested in the foregoing Bid as principals are: (IMPORTANT NOTICE: If Bidder or other interested person is a corporation, give the legal name of corporation, state where incorporated, and names of president and secretary thereof; if a partriership, give name of the firm and names of all individual co-partners composing the firm; if Bidder or other interested person is an individual, give first and last names in full). NAME OF BIDDER: tr tion Cor licensed in accordance with ao act for the registration of Contractors, and with license number: 647 Expiration: ~n/n6 r Tyr„~$ Where incorporated, if applicable F.rin Raff - id n Dave Beck -Secretary Principals I certify (or declaze) under penalty of perjury under the laws of the S e ~ Ca~iforpi t the foregoing is true and correct J - Signature of Bidder NOTE: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sig,r conhacts 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. f Business Address: 1500 Berger Drive San ose, Officers authorized to sigi contracts: Eric Raff Mario Wijtman Telephone Number(s): (408) 271-2425 Fax Number(s): (408) 271-2426 Date of Bid: 5 / 21 / 03 END OF DOCUMENT City of Ctitper[ino Sports Center Remodel 00400' 4 Bid Form 4/11/03 DOCUMENT 00430 O SUBCONTRACTORS LIST Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract Full Name of Subcontrac4or and Address! Reference To Bid It ms Subconhactor's License No. Phone No.of Mill or Sho SUFr p6,rno~~TiUoc1 ~~217 - I,r,,,n, ~ Acv DE~.~ 2s3 r~3 6 r"`~(•~ 1. ONCfC(y ~ F ~.51 i 42 ~ 4(~ ~ n s T~f~ ~ i l 1 / tY~ ---~----yam ~ ~~YVI ~TiZ(lL'iUl«t_ S"~~L (e~~s.Z.S~ (Bidder to attach additional sheets if necessary) END OF DOCUMENT 00430 - 1 Subconhactors List City of Cupertino Sports Center Remodel Project 4/11/03 r w~cu aw.ww ~<a~ DOCUMENT 00430 SUBCONTRACTORS LIST Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Conhact. Full Name of Subcontractor and Address/ Description of Work: Phone No.of Mill or Sh/~o~ D - Reference To Bid Items Subconhactor's License No. ~ooFi.,Jy6D~ ~ ~FF$ ~ Dc~o~.s~F~~wt~S/la~e~w,~~ - b7s ~p 7v6 ?2 / ' ST v ~ F2 v~rlT~ ~ ~ L ~ 2 Oct D~e.ew ~ ~ L ~ 473 3 66 c i (Bidder to attach additional sheets if necessary) END OF DOCUMENT City of Cupertino 00430 - 1 Subcontractors List Sports Center Remodel Project 4/11/03 DOCUMENT 00430 O SUBCONTRACTORS LIST Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract Full Name of Subcontractor and Address/ Description of Work: Phone No.of Mill or Sho Reference To Bid Items Subcontractor's License No. ~-~~nll S ie,~v~~~ 76 ?ter ~~3 Sin, j- OGK~i~S (9'0.~~(z Pa.~~ ~ V~~>zs ~v~ ~6 ~ (Bidder to attach additional sheets if necessary) END OF DOCUMENT City of Cupertino 00430 - 1 Subcontractors List Sports Center Remodel Project 4/11/03 r a u~ cam... DOCUMENT 00430 SUBCONTRACTORS LIST - Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the Contract Full Name of Subcontractor and Address) Description of Work: Phone No.of Mill or Sho Reference To Bid Items Subcontractor's License No. S~it.t. ~~~-c~~2~c~ 79~ 77 ~t (Bidder to attach additional sheets if necessary) END OF DOCUMENT 00430 -1 Subcontractors List City of Cupertino Sports Center Remodel Project 4/11/03 _ Yro~ec[ No.ZU03-9Z1Z DOCUMENT 00430 SUBCONTRACTORS LIST Bidder submits the following information as to the subcontractors Bidder intends to employ if awazded the Contract. Full Name of Subcontractor and Address/ Description of Work: Phone No.of Mill or Sho Reference To Bid Items Subcontractor's License No. (Bidder to attach additional sheets if necessary) END OF DOCUMENT City of Cupertino 00430 - 1 Subcontractors List Sports Center Remodel Project 4/11/03 Project No. 2003-9212 DOCUMENT 00481 NON-COLLUSION AFFIDAVIT PUBLIC CONTRACT CODE §7106 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED Wl'I'H BID ' STATE OF CALIFORNIA ) ss. COUNTY OF Santa Clara ) [ Eric Raff 1, being fast duly sworn, deposes and says that be or she is ' President [Office ofAfliant] of XL Construction [Name o[Bidder], the party making the foregoing Bid, that the Bid is not made in the interest of, or m behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and has not directly or indrrecty colluded, conspired, connived or ageed with any bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding, and that the Bidder has not in any roamer, directly or indirectly, sought by agreement, communication or conference with myone to fix the Bid price of Bidder or any other bidder, or to fu aay overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any advanffige against the City of Cupertino, or anyone interested in _ the proposed conh~ach that all statements contained in the Bid are true; and further, that Bidder has not, directly or indrrectly, submitted its Bid price or my breakdown thereof, or the contents thereof, or divulged infomtation or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, compmy association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. Executed order penalty of perjury order the laws of the State of California: XL Construction Co oration (Name of ) (Si o cipal) ~ Subscribed and sworn before me ~u""` r Y ` - y ~1~. This Z Dth day of '(1'1p~, 20~ KIMBERLY M. MURPiir Notary Public of the State of ('.a.[ i~ernu,.r Commhalon s t 29&1[4 In and for the Comty of t ~ Notary Pu6re - Guroml. My Commission expires r i.( 2 2 W Sarrta Clara l,ou MyComm.E~iBSMr2,2pp5~ . (If Bidder is a partnership or a joint venture, this affidavit must'6e~.~r e a d~"w '~o~y}r n nor of the partnership or venture.) (If Bidder [including my partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice President and by the Secretary, Assistmt Secretary, Chief Financial Officer, or Assistmt Treasurer.) (If Bidder's affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to law.) END OF DOCUMENT City of Cupertino 00481 - I Nm-Collusion Affidavit Sports Center Remodel Project 4/11/03 - 1500 Berger Drive San Jose, California 95112-2703 Fax 408~271~2426 408271 2425 www. xlco nstruction. com Liceme 64i4B0 x ~ c o N s r a u c r i o x May 27, 2003 Mr. Terry Greene Office of the City Clerk City of Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 Dear Mr. Greene: This letter is to clarify our Bid which was submitted to the City of Cupertino on May 22, 2003. 1) The "Base Bid Only Price" value written out in words on Page 2 mistakenly included the value of all of the alternates as a result of clerical error. The words should have been "One million six hundred eighty seven thousand eight hundred sixty eight" as reflected in Item 1. 2) Enclosed is a clarification of the Subcontractor List submitted with the Bid. The list includes the subcontractors' street addresses and phone numbers to supplement the name, license number and city previously submitted. If you have any questions in this regard, please contact me. Sincerely, XL Construction Eric Raff President ,d `o U c 0 U ~ d n M ct In O O O O r r 0 CD O L!7 W M N CD N r CD r lf7 r f~ O N f~ O In O N r 0 Cp O O~ lf) 00 r 0 (p pp (y r~ C = N r 7 In I~ S O W 1~ u~ N M V O M a N M 00 ~ M W~ p CD M r 00 M m N In O O d' M~ lf~ N f~ lA O~ N M 00 N M C.1 V O lC) N N 0~ r 0 I~ M O r 1~ cY (p O r O M N (D 61 J J O N ~ h r Cp O~ (D h N CO ~ I~ r ~ I~ O d' f~ l1~ M f~ 1~ X lC)OOrrOOrOOOOCDOOr Oh OrOOO O Ch CD h Cfl O t17 O O l17 N O N O O r O M In O r 1~ l!7 N~ N O O N r (p p> 'GY N M r r r h M O r O f~ M = O O W h N N 0 lf~ N O O O O~ r 0 0 t~ r Ll7 N (fl O M O Ln M CO N lt7 OJ h li') Cp M O O r lf) M l!7 r M~ r Cp O ti = OO OD ~ N M V Cp Gp l() 00 t~ N f~ tt7 O O ~ O M CD O I~ O 00 ~ O O N n V M (p M O N 47 O N N M N ~ N N f~ 'tt a ~ o ao u~ o ~ oo ~ ui ~ o ~ ~ ao 00 ~n o o~ ~n o~ ao ao ~ o r o r r o 0 o r o r o 0 0 o r in o N o 0 o r N v~nvv~nvavvv~nvr~a~vmvrnvvv~r J L O ~ ~ o V ~ ~ N (6 W N - Vl ~ N c C C O N O O d N O N N C~ O~~ N= C V N (9 N N O N N= N C N Q_' tq N (p f6 N C> N= N C ~ J LL E m ~ ~ m ~ O' m ~ ~ LL ~ ~ y ° ii V C C Q C L C C C N C~ C C C C c C C O C C~ C f0 f0 = f6 U N f6 f9 'C f0 ~ f0 f0 t6 f6 f0 (6 f0 N 7 f6 O N ~ O Cn (n ~ (n ~ fn Cn (n m fn LL Cn fn fn [n !A fn (n d (1) In ~ Cn L CV C ~ o r G1 o M w ~ c c co c -c to 0 m~ Q ~ t in a~ c°i m° ~ E> E~" d a ~ H N y_ ma y ~ m o=~ ~ c~ Q~ ~ o~ a; c ~ x m m o°~~~ a Y o E c m ~m ° m °iaQm E c`o cC~lL-~vi~~ W ° m Q. m Q,nN~LL~>rN~n-o°prn~nQrcovv~~ d' Q O r l!') M O N O ~ O cJ' M M N V O lI') CD lf) O ~ ~ 0- O~~~ N ~ N ~ <Y' M d' 7 cM-, N~ f N r~ In N V Ol C O C y 0 U~ U U O` ~ V U C U C C m U ~ O) U C O) (6 C C ~ O N C •U C C Q c~ N c > C U w y N= o ff° U U ~ ~ ~ O ~ - ~ tll Q c to U ~ _ _ ~ N •U U tq f6 f6 - otf N ~ f0 V c~ a N ~ m N~ a ~ c ~ W a m a rn~ ~ ~ a'S p O c° o ~ f6 O N O C> 7 w 0 ~ U r C O V C W C7 U m ~~a f02Lr o~° ~ ~a c o c.c~ ° o m o~ m~~~ y o~ m ~ a N c ~o m a m Y o c'f~~~~c.~~oQi~~oo=roS~zaU~w as r v - J DOCUMENT: 17873448 Pages 3 Fees.... ~ No Fees RECORDING REQUESTED BY Taxes . Copies.. AMT PA[D City of Cupertino _ BRENDA DAVIS RDE # 003 WHEN RECORDED MAIL TO SANTA CLARA COUNTY RECORDER 6/29/2004 Recorded at the request of 1 26 PM City Clerk's Office C ~ ty City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 CERTIFICATE Ole COMPLETION AND NOTICE OF ACCEPTAI\fCE OF COMPLETION CUPERTINO SPORTS CENTER REMODEL, PROJECT 2203-9212 V J~~` Original O For Fast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 CITY OF (408) 777-3354 CUPER~TINO PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION ANI) NOTICE OF ACCEPTANCE OF COMPLETION CUPERTINO SPORTS CENTER REMODEL, PROJECT 2203-9212 NOTICE IS HEREBY GNEN THAT I, Ralpli A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements in hereinafter described in the contract which was entered into, by, and between the City of Cupertino and XL Construction on June 25, 2003, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered on June 17, 2004. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. u,~.u Director of Public Works and City Engineer of the City of Cupertino Date: June 21, 2004 Printed on Recycled Paper VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the informatio~l contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 24th day of June, 2004 at Cupertino, California. ~L2~j ~~~'~~1~7 Administrative Clerk City of Cupertino