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HomeMy WebLinkAboutMTW Builders Inc.TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA CONTRACT Improvements to Snack Shack Building at Purissima Park THIS AGREEMENT, made, executed, and entered into this -�� day of 2022, by and between the Town of Los Altos Hills a General Law City, hereinafter referred to"A the Town, and MTW Builders Inc. hereinafter referred to as the Contractor. WITNESSETH ARTICLE 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Town, the Contractor agrees at its own cost and expense to do all the work and furnish all materials necessary to complete in a good workmanlike and substantial manner all that certain work involved and concerned with the Improvements to Snack Shack Building at Purissima Park project. Said work shall be done in manner and according to the terms of the Contract as the same is defined in Article 4 herein. ARTICLE 2. Said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the Town and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of the work and for well and faithfully completing the work and the whole thereof, in the manner and according to the plans and specifications, to wit, according to Contractor's proposal to the City Council, entitled 'EXH I BIT "A," Proposal to the City Council' and attached hereto. ARTICLE 3. The Town hereby promises and agrees with the Contractor, to employ, and does employ, hereby, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE 4. The complete Contract consists of the following documents: Notice to Bidders, Proposal, Contract, Specifications and the Plans and/or Drawings. The rights and obligations of the parties herein are governed by all of said documents, which are to be construed as a single Contract. The decision of the Public Works Director of the Town of Los Altos Hills as to the interpretation of said Contract shall be final and binding on the parties hereto. ARTICLE 5. It is further expressly agreed by and between the parties hereto that the work shall be completed within NINETY (90) working days from and after the commencement of said work. ARTICLE 6. It is expressly stipulated and agreed that all legal and statutory requirements relating to the execution of this Contract and the notice inviting bids have been met. Any alleged defect or omission in the proceedings preceding the execution of this Contract is hereby waived by the Contractor. IN WITNESS WHEREOF, the parties have executed this instrument the year and date first above written. CONTRACT TOWN OF LOS ALTOS HILLS A General Law City City Manager ATTEST: a Z��4- � �e; L � City Clerk, Town of Las Altos Hills CONTRACTOR By Se Ackni CONTRACT NOTARIAL ACKNOWLEDGMENT OF PRINCIPAL STATE OF CALIFORNIA ) ) ss. COUNTY OFA MA -14-0 ) On personally known to me (or oved to me on name(s) is/are subscriped to the within inst ant and ack same in his/her/t r authorized capa (ies), and that by person(s), orjWe entity upon behal f which the person(s) a _/, before me, a Nota ublic, personally appeared, of satisfactory ev' nce) to be the person(s) whose dg to me that he/she/they executed the rftheir signature(s) on the instrument the executed the instrument. I cert¢y'under PENALTY V PERJURY under the is Vuue and correcL WITNESS my hand and official seal. (Seal) 3 CONTRACT of the State of California that the foregoing paragraph See Attached Acknowledgement - 05h2t74 22 Nif Notary Public ADDENDUM NO. 01 EXHIBIT "A" PROPOSAL TO THE CITY COUNCIL TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA FOR IMPROVEMENTS TO SNACK SHACK BUILDING AT PURISSIMA PARK NAME OF BIDDER: MTW DVwllbm , C. - BUSINESS ADDRESS: QO S 1r kV -X 1 121. CITY, STATE, ZIP: MIL.L$ON& I CA Tkol0 LICENSE NO.: -(7553ZCLASS: .C'tO,C-�b C31 EXP. DATE: t315112022— TAX ID NO.: 45-41bt ZZZ TELEPHONE NO: (b5o 27,�'D'S FAX NO: (bSo) 2:3W -366f) The work for which this proposal is submitted is for construction according to the Contract Documents, including the Special Provisions, the Agreement, the project plans described below, and California Building Codes, 2019. The Contract Book shall be used in conjunction with the above documents, and the State of California Department of Transportation Labor Surcharge and Equipment Rental Rates, and the State Department of Industrial Relations General Prevailing Wage Rates current at the bid opening date. The project plans for the work to be done are titled "Improvements to Snack Shack Building at Purissima Park". The work consists, in general, of all work required for the improvements of the existing snack shack building at the Purissima Park to a new multipurpose room as shown on plans and described in the specifications. The work shall include providing all labor, tools, equipment, materials, transportation and services, and performing all operations necessary for and properly incidental to the construction and completion of the work as indicated on the contract documents. A bidder's bond, in an amount and of a form described under Paragraph 1 of the Proposal Requirements Section of these Provisions shall accompany this proposal. The project shall be awarded to the lowest responsible bidder who meets all the Proposal Requirements, and the requirements of the Contract Documents. The bidder shall set forth for each item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the extension of the item price bid on the basis of the estimated quantity for the item. In case of conflict between an item price in words and the price in figures, the price in words shall prevail. In case of discrepancy between an item price and the total set forth for a unit basis item, the item price shall Proposal to The City Council Improvements to Snack Shack Building at Purissima Park 11 ADDENDUM NO. 01 prevail. However, if the amount set forth as an item price is ambiguous, illegible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price. Failure to provide the required information, or if information provided is subsequently proved false, the proposal shall be considered as non-responsive and shall be grounds for rejection of the bid. If this proposal shall be accepted and the undersigned shall fail to enter into the Contract and furnish the two bonds in the sums required by Section 3-1.05 of the Special Provisions, with surety satisfactory to the Town of Los Altos Hills within 12 days, not including Sundays and legal holidays, after the bidder has received notice from the Town that the Contract has been awarded, the Town may, at its option, determine that the bidder has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be invalid. If the Town declares the proposal as invalid, the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the Town. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he/she has carefully examined the location of the proposed work, the annexed proposed form of Contract, and the plans therein referred to; and he/she proposes and agrees, if this Proposal is accepted, that he/she will Contract with the Town of Los Altos Hills in the form of the copy of the Contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he/she will take in full payment therefore in the amounts shown on the following Item Price Schedule, to wit: Proposal to The City Council Improvements to Snack Shack Building at Purisalma Park 9 ITEM ITEM PRICE SCHEDULE BASE BID �pDEOuO N0. 2 - Item Description Estimated Item Price Item Price Total No. quantity (in words) (in figures) (in figures) 1 Demolition per Drawing C-101 LS H Oo $ ?�e000 2 Improvements per Drawing C-102 LS NoiRt Trio Kajfta D $12,000 $ dz 3 Roof replacement and skylight LS w1w,"Ipi $ I t 000 I 5,00o installation scope per Drawing C-103 4 Electrical System per Drawings E-101, LS Tart W -T $ 5t 0oo $-913,poo E-102, and E-103 p 5 Mobilization LS Te'' T"°``l $1QF— $ l Oi Ogg 6 Allowance for unforeseen site Allowance Ptm T ' $50,000 $ 50, 000 conditions TOTAL OF BASE BID PRICE: I t, Z 6 b, 0 00 TOTAL BASE BID AMOUNT IN WORDS Two N.uAstimb SocSAX TH0%xSh%--o Proposal To The City Council tmprovemenu to Snack Shack Building at Purissima Park 10 LIST OF SUBCONTRACTORS The Bidder shall list the name, address and telephone number of each subcontractor, required to be listed by the provisions in Section 2-1.10, "Subcontractor List" of the Special Provisions and the Standard Specifications, to whom the Bidder proposes to subcontract portions of the work. SUBCONTRACTOR'S NAME PLACE OF BUSINESS DESCRIPTION OF PORTION & LICENSE NO. (ADDRESS & PHONE) OF WORK SUBCONTRACTED NI N WIN List of Subcontractors Improvements to Snack Shack Building at Purissima Park 11 ADDENDA ACKNOWLEDGMENT AND INFORMATION The undersigned acknowledges receipt of Addendum No. --�- through -1 inclusively. PRINCIPAL PERSONS WITH INTEREST IN PROPOSAL The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE. If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co- partnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. V MY 110 a J f EXPERIENCE AND FINANCIAL QUALIFICATIONS The bidder has been engaged in the contracting business under State License No. _ 115,53Zfor a period of years. The bidder's three most recently completed Contracts are: 110--'01,912 1. Title of Project: l 10_-'01Q9_gQ� r1.�C� ST.oO�Q.rhita"h�l Owner: %';"� OF uou,4%rl VI1F1\4 Address: Soo GOgTMo a ou,aThk1 U16y CA Telephone No.: (G 60) 2.00 Ajgq Engineer in Charge: boll- kaau .0 Date Accepted: 2. Title of Project: C.I Y UM-\Ithtt Lohb% ! lo"Av, &Odg--► Owner: CAW— OE Flo UAIN N M IEW Address: &oo CxTeA S1, may-A k" Vl VV� & Telephone No.: 5— :16-6516 Engineer in Charge: a4V4A �7LwAA 116 Date Accepted: ML— Addenda Acknowledginm and WV—allon linpmventmL8 to Snack Shack Building al Puriesima Pak 12 3. Title of Proiect: �,.o�.G &OLF "O(L 1 UtMOM 4*,OJA Owner: Cly 0 ADU&Mt4 VtL-w Address: ST, 4A%,t ft n6 V ttvJ ON Telephone No.: r bi 50"� 2$0 Enaineer in Charae: —bkT-,- AbAuc Date Accepted: Reference is hereby made to the following bank or banks as to the financial responsibility of the bidder: Name of Bank Address 555 bO*x>WA ,I MIL e— Reference is hereby made to the following surety companies as to the financial responsibility and general reliability of the bidder: //►►.. ,� Company: �2�c�EC�s CMM st-tMW I✓0 WhE!q 0I: kmr-- {'iC.at Address: I Oell Wkt'T, ?4cA,- Ra , & tklop SmxirkO CO OV R M ?s.00 Company: Address: Addenda Acknowledgment and Intmmation Improvements In Snack Shack Building at Purissima Park 13 PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not X been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not' in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may Vbjegt the certifier to criminal prosecution. Public Contract Cod. Lnpro—enu to Snack Shack Building at Puriamma Park 14 Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? YES NO X_ If the answer is yes, explain the circumstances in the following space: Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. k*w ab Public Contract Code lmptovementa to Snack Shack Building at Purissima Park 15 NON -COLLUSION DECLARATION To Be Executed by Bidder and Submitted with Bid In accordance with Title 23 United States Code Section 112 and California Public Contract Code 7106, the undersigned declares: I am the U IUB Pie'& t of kTjA) -JuAd .C. 1.�UC „ the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on -a , [date], at gk('� [city], _ A [state]. (Signature of authorized represe ative of Bidder) TWA �O (Type Name) V 'N -W, (Title) Public Contract Code lmpmvements to Snack Shack Building at PuriWaaa Park 16 TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA IMPROVEMENTS TO SNACK SHACK BUILDING AT PURISSIMA PARK BID BOND KNOW ALL PERSONS BY THESE PRESENTS, that we MTW Builders, Inc. , as Principal, and Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto the Town of Los Altos Hills, hereinafter called "Town", in penal sum of ten percent (10%) OF THE TOTAL AMOUNT OF THE BID OF THE PRINCIPAL submitted to the said "Town" for the work described below for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Proposal dated May 5 2022, for the Improvements to Snack Shack Building at Purissima Park Project. NOW, THEREFORE, if the Principal shall not withdraw said Proposal prior to the date and time for the opening of bids, and if the Principal is awarded the Contract and shall within the period specified in the Proposal after receiving notice that the Contract has been awarded and the prescribed forms are presented to him/her for signature, enter in a written Contract with the Town, in accordance with the Proposal as accepted and give insurance and bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract and for the payment for labor and materials used for the performance of the Contract, or in the event of the withdrawal of said Proposal within the period specified or the failure to enter into such Contract and give such Town bonds, within the time specified, if the Principal shall pay the Town the difference between the amount specified in said Proposal and the amount for which the Town may procure the required work and/or supplies, if the latter amount be in excess of the former, together with all costs incurred by the Town in again calling for bids, then the above obligation shall be voided and of no effect, otherwise to remain in full force and virtue. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract on the call for bids, or to the work to be performed there under, or the specifications accompanying the same, shall in anywise affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said Contract or the call for bids, or to the work, or to the specifications. In the event suit is brought upon this bond by the Town and judgment is recovered, the Surety shall pay all costs incurred by the Town in such suit, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, the above -bounded parties have executed this instrument under their several seals this 3rd day of May , 2022, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body. Bid Rotel lmpmv mts to Snack Shack Building at Pwissimo Park 17 (Corporate Seat) (Acknowledgment) (Corporate Seal) (Acknowledgment) Bid Brod lmp'uvcncnu to Snack Shwk Building at Puflnuna Park 18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Sacramento } On 3 2022- before me, E. Johnson , Notary Public, D to Insert Name of Notary exactly as it appears on the official seal personally appeared Sandra R. Black Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness m Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Sandra R. Black ❑ Individual Corporate Officer—Title(s): Partner ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Travelers Casualty and Surety Company of America Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: E. JOHNSON �lJ COMM #2310061 E NOTARY PUBLIC ® CALIFORNIA .n -� SACRAMENTO COUNTY' Comm. Exp. OCT. 22, 2023 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness m Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Sandra R. Black ❑ Individual Corporate Officer—Title(s): Partner ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Travelers Casualty and Surety Company of America Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Travelers Casualty and Surety Company of America AWSK Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Sandra R Black of CONCORD , California , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. u ...� JPItY AMO �P Gpi �f A a HARTFQRD, . `\ CONN. State of Connecticut By: City of Hartford ss. Robert L. Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. +' \P P NOOZ', IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY �� My Commission expires the 30th day of June, 2026 �ro y� FUS`. Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice 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 Resident Vice Presidents, Resident 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 on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 3 day of 2 �� 2s4 PTY AN, �4� 9J 4 mL uT 9 KMOM HA, t CS7YOIyA CONN.. £ CONN.. CONN. c SIX •.......�\.j� bbl F�+D 1s Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached. CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF jS an M qty o On th , 2022, before me, U • pen 41014 -Vel , Notary Public, personagy appeared Lh 02d L Z 0 who proved to me on the basis of satisfactory evidence to be the so n,W whose name is res cubed to the within instrument and acknowle d to iexecuted ha he e/they executed t e same i hi er/their authorized capacity(i, and that by is rsignaturey on the instrument the person, or the entity upon behalf of which the person ac the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: rsh "•rasa G. PENAL0ZA-VE GA a 4Comm, # 2347441 rn N r ® "o NOTARY PUBLIC -CALIFORNIA VJ (Seal) COUNTY OF SAN MATEO P45, ac�ovaC MY COMM. EXP. FEB. 17, 2025' Bid Bond Impto—ca [s to Snack Shack Building at Puriasima Perk 19 CALIFORNIAALL-PURPOSE ACKNOWLEDGEMTNT IA Notary Public or other officer completing this certificate verifies only the identity of the individual who signed I the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Mateo On a6-11212627— beforeme, Monica Armon. Notar Public, Personally appeared % jtno s 40 who proved to me on the basis of satisfactory evidence to be the person(t whose name( s�re subscribed to the within instrument and acknowledged to me tha�she/they executed the same irxIDYher/their authorized capacity(3eej, and that by4LOherAheir signatures on the instument the p cis on(A), or the entity upon behalf of which the pemou(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. «� MONICA ARMON� 1' g' y coNM• # 2314616 WITNESS my hand and official seal. N F NOTARY $ ^ A% MATEO O r MY COMM. W. MEC. 5, 2715 �/}}�� SIGNATURE 4%ye.,v al&4'L PLACEI\TOTARYSERALABOVE ......................... ........................... ..................................... ............................... ....... _...................................................... ....... .... ..... ... ..... .............. ............................ ..................... ..................... ..............,........,..... Though the information below is notreguired by law, it may prove valuable to persons relying on the document and could prevent fraudulentremoval and reattachment of this form to another document. Description bf attached document Title or type of document:. %D" J -&j alIDS Cin-- DocumentDate: Q�IIZIZD22 Number ofPages: Signers) Other than Named Above: _ ttached edgement GENERAL LIABILITY ENDORSEMENT TOWN OF LOS ALTOS HILLS 26379 Fremont Road, Los Altos Hills, CA 94022 Public Works Director A. POLICY INFORMATION 1. Insurance Company: EVANSTON INSURANCE COMPANY Policy Number: 3457 (GLEXCESS49EZXS 3030901 2. Policy Term: From: 08103/2021 To: 08/03/2022 Endorsement Effective Date: 08/03/2021 3. Named Insured: MTW BUILDERS, INC. 4. Address of Named Insured: 905 HELEN DRIVE, MILLBRAE, CA 94030 5. Limit of Liability ny One Occurrence/Aggregate $1,0001000$13,000,000 $4,000,000/ 5 000 000 6. Deductible or Self -Insured Retention Nil unless otherwise s ecified : NIL 7. "Claims Made" coverage: Retroactive Date: NLA Tails: B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows: 1. INSURED: The Town, it's elected or appointed officials, employees, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED: As respects: (a) work performed by the Named Insured for or on behalf of the Town; or (b) products sold by the Named Insured to the Town, or (c) premises leased by the Named Insured from the Town, the insurance afforded by this policy shall be primary insurance as respects the Town, its elected or appointed officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Town, its elected or appointed officials, employees or volunteers shall be excess of this insurance and shall not contribute with it. 3. SCOPE OF COVERAGE: The policy: (1) if primary, affords coverage at least as broad as Insurance Services Office form for Broad Form Commercial General Liability Insurance and Insurance Services Office form for Broad Form Commercial General Liability endorsement; or (2) if excess, affords coverage which is at least as broad as the Primary Insurance form referenced in the preceding Section (1). 4. SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. GENERAL LIABILITY ENDORSEMENT 5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its elected or appointed officials, employees or volunteers. 6. CANCELLATION NOTICE: The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by Certified Mail Return Receipt Requested have been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER 1, CHRISTINA CHEUNG (print/type name), warrant that I have authority to bind the below -listed insurance company and by my signature hereon do so bind this company. Signature of (original signature on endorsement furnished to the Town) ORGANIZATION: SIR INSURANCE SERVICES TITLE: BROKER — ADDRESS: 1080 BROADWAY, MILLBRAE CA 94030 TELEPHONE: 650-552-0055 GENERAL LIABILITY ENDORSEMENT AUTOMOBILE LIABILITY ENDORSEMENT TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD, LOS ALTOS HILLS, CA 94022 Public Works Director A. POLICY INFORMATION 1. Insurance Company: PROGRESSIVE EXPRESS INSURANCE CO Policy Number: 018539254 2. Policy Term: From: 02/25/2022 To: 08/25/2022 Endorsement Effective Date: 02/25/2022 3. Named Insured: MTW BUILDERS, INC. 4. Address of Named Insured: 905 HELEN DRIVE, MILLBRAE, CA 94030 5. Limit of Liability Any One Occurrence/A re ate $1,000,000-00 6. Deductible or Self -Insured Retention Nil unless otherwise specified): 5 000 7. "Claims Made" coverage: Retroactive Date: N/A Tails: B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows: 1. INSURED: The Town, its elected or appointed officials, employees, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED: As respects: (a) work performed by the Named Insured for or on behalf of the Town; or (b) products sold by the Named Insured to the Town, or (c) premises leased by the Named Insured from the Town, the insurance afforded by this policy shall be primary insurance as respects the Town, its elected or appointed officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Town, its elected or appointed officials, employees or volunteers shall be excess of this insurance and shall not contribute with it. 3. SCOPE OF COVERAGE: This policy affords coverage to the Named Insured which is at least as broad as Insurance Services Office form for Automobile Liability, Code 1 ("any auto"). 4. SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. 5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its elected or appointed officials, employees or volunteers. AUTOMOBILE LIABILITY ENDORSEMENT 6. CANCELLATION NOTICE: The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) day prior written notice by Certified Mail Return Receipt Requested has been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER 1, CHRISTINA CHEUNG (print/type name), warrant that I have authority to bind the below -listed insurance company and by my signature hereon do so bind this company. Signature of (original signature on endorsement furnished to the Town) ORGANIZATION: SIS INSURANCE SERVICES TITLE: BROKER ADDRESS:1080 c:•'•N MILLBRAE CA .40 • 00 a AUTOMOBILE LIABILITY ENDORSEMENT WORKERS COMPENSA710NIEMPLOYEES LIABILITY ENDORSEMENT TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD, LOS ALTOS HILLS, CA 94022 Public Works Director A. POLICY INFORMATION 1. Insurance Company: Policy Number: STATE COMPENSATION INSURANCE FUND 9061019 2021 2. Endorsement Effective Date: 07/17/2021 3. Named Insured: MTW BUILDERS, INC. 4. Employers Liability Limits (coverage B) $1,000,000.00 B. POLICY AMENDMENTS: This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows: 1. CANCELLATION NOTICE: The insurance afforded to this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by Certified Mail Return Receipt Requested have been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement. 2. WAIVER OF SUBROGATION: The Company agrees to waive all rights of subrogation against the Town, its elected or appointed officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Town. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, CHRISTINA CHEUNG (print/type name), warrant that I have authority to bind the below -listed insurance company and by my signature hereon do so bind this company. Signature of (original signature on endorsement furnished to the Town) ORGANIZATION: SIS INSURANCE SERVICES _ TITLE: BROKER ADDRESS: 1080 BROADWAY MILLBRAE CA 94030 TELEPHONE: 650-552-0055 WORKERS COMPENSATION/EMPLOYEES LIABILITY ENDORSEMENT Town of Los Altos Hills Town Hall Los Altos Hills, CA 94022 Attention: Public Works Director/City Engineer. Public Works Director LOS ALTOS HILLS ("the Town") A General Law City CERTIFICATE OF INSURANCE This certifies that the following described policies have been issued to the insured named below and are in force at this time. Insured MTW BUILDERS, INC. Address 905 HELEN DRIVE, MILLBRAE, CA 94030 Description of operations/locations/products insured (show Contract name and/or number if any). POLICIES AND INSURERS LIMITS EXPIRATION Bodily Injury Property Damage DATE Policy Number Worker's Compensation Employer's Liability $ 1,000,000 07/17/2022 STATE COMPENSATION INSURANCE FUND 9061019-2021 Insurer Commercial General Liability Each Occurrence$1,000,000 Each Occurrence 08/03/2022 EVANTON INSURANCE CO. Aggregate $2,000,000 Aggregate 3AA493457 Insurer Combined Single Limit Business Auto Policy Liability Each Person Each Accident 08/25/2022 Coverage Symbol SCHEDULED Each Accident Combined Single Limit 01853925-4 Insurer PROGRESSIV - EXPRESS INS. CO. $1,000,000 CSL --- Umbrella Liability Occurrence/Aggregate $ 3,000,000/$3,000,000 08/03/2022 EVANTON INSURANCE CO. Self -Retention $ 5,000 EZXS 3056222 Insurer The following covera es or conditions are in effect: Yes 64 No ❑ The Town, its officials, and employees are named on all liability policies described above as insured as respects: (a) activities performed for the Town or on behalf of the named insured, (b) products and completed operations of the named insured and (c) premises owned, leased or used by the named insured Products and com leted o orations: Yes 14 No ❑ The undersigned will mail to the Town 30 days written notice of cancellation or reduction of coverage or limits, cross liability clause (or equivalent wording). Yes ❑ No ® Personal Injury, erils A, B, and C. Yes ❑ No 0 Broad form property damage. Yes ❑ No M X, C, U hazards included. Yas ❑ No 04 Contractual liability coverage applying to this Contract. Yes ❑ No W Liquor liability. Yes 14 No ❑ Coverage afforded the Town, its officials, employees and volunteers as an insured applies as primary and not excess or contributing to any insurance issued in the name of the City. Yes NNo ❑ Waiver of subro ation from worke s com ensation insurer. CERTIFICATE OF INSURANCE This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate or insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. SIS INSURANCE SERVICES Agency or Brokerage Insurance Company 1080 BROADWAY, MILLBRAE, CA 94030 Address CHRISTINA CHEUNG Name of Person to be Contacted 650-552-0055 Telephone Home Office L166- �f''f"iX1 /6- 2 Au Mfi-ied Srg ure 05/11/2022 Date NOTE: Authorized signature may be the agent's, if agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of official ofinsurer CERTIFICATE OF INSURANCE