91-036 Sidewalk Grinding Proj. 91-102 91-036 SIDEWALK GRINDING
PROJ. 91-102
Citm of Cuperti"o
10300 Torre Avenue P.O. Box 580
Cupertino,California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT Of THE CITY CLERK
Novenber 12, 1991
P & F Construction
1010 - 39th Avenue
Oakland, California 94601
CITY COUNCIL ACTICK - AWARD OF BID
This will confirm the award of contract to you for Sidewalk Grinding,
Project 91-102. Council awarded this contract to you on Novenber 4, 1991,
for your low bid of $58,100.
Information may be received from the Director of Public Works for the
signing -3f the appropriate documents wend for the answering of any
questions.
Sincerely, dS
A,x- dt--Ou�
DO;tcYI f IUS, cm
CITY CLERK
cc: Department of Public Works
man McLane
Business Journal
152 N. 3rsi Street
San Jose, CA 95112
OtM of Cuperti"o
10300 Torre Avenue P.O. Box 580
Cupertino. California 95014 Cupertino,California 95015
Telephone. 14081 252-4505
OEP-NUMENT OF THE CITY CLERK
HaVeMber 12, 1991
mho Eogineeri>ng Inc.
34151 DrAssig airy
11nirm City, Ca7iforntia, 94587
Car Cotacm ACTIM
7be City Com=J I has asiod that I convey to you their eplrnect,.ksrm for
your efforts in assisting the City of Cgmtim by a bid for
ef c
Sidalk Qdnding, Froject 91-102. Cmmcil awaxdsd the psoj®ct to P 4 F
Constncticn on fiber 4, 1"1, fiat heir 1m bird of $55,1W.
I an rebwning your bid bend to ym.
Sincamly,
cs
DMVM =
4'L�
CM cum
so
Citm of Cupilerti"o
10300 Torre Avenue P.O.Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
32, 1991
IBC.
775-A MBburg !load
San JOBS, California 95133
cmm
7he City has asked that I c=Wey to 7m their for
paar eft in assisting the CitYi0f QWrt w by sul1mitting a bid far
sideMlk Qdnding, "eat 91-102. Coamcil MUd8d the erect to ! & F
Constr�ti nn an NoVad3er d, 1991, fart their Im bid of $58,100.
I an returning yaw bid based to tau.
Sincerely,
My CLEM
so
Cit4 of Cu erti>o
1030 Torre Avenue P.O.Box 580
Cupertino,California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
Sir 12, 2".1
Farwast Safety Inc.
23802 S. Chrism good
Tracy, California 95376
CI'TI Cam. Ali =
2he City Commc .2 has asked that I ccnvW to ywa Owl {� fir:
your effoats in assisting the City of CVartim by submitting a bid for
S3d�lk Grinding, Project 91-102. Commcil a mimed the pLmject to F & F
Coostsuictiofa on Smadwr 4, 1991, for their 2aw land of $58,100.
I em returning pmw bid bond to you.
Sincerely,
as
Cmm CLEM
PROOF OF PUBLICATION apace gnl�ior Dube County Clerk's
VD1SA C.C.®.i
STATE Of CAt.iFOMA.
al County of Santa Clara
1 am a citiren of the United States and a resi-
dent of the County aforesaid; I am over the
age of eighteen yearl, and not a party to or in-
terested in the above-entitled matter. I am the
principal clerk of the printer of the PROOF OF rUBLJCAnO1d OF
CUPERTINO COURIER
10950 M, Planey Ave., Cupertino, California, a news-
Japer of Reneral circulation, rioted every Wednes-
ay in the elfy of Cupertino,California, County of San- r
to Clam, and published In the city of Cupertino. Call•
forida, County of Santa Clara; and which newspaper i`� e��` � C4 Olt �c-�Q•%
has been adjudged a npwltpaper of general circulation
by the Superior Court of the County of Santa Clara, �t
state of California. Case Plumber J0M7; that the
notice of which the annexed is a printed copy (set in '� f
tppe not s oiler than non aretl), has been published
I
o eaeh regular and entire issue of said newspaper and J
not In taro supplement thereof on the follooing dates,
tv ait�
s1 in the year IP._ 1L_
1 certify (<Pr declare) udder p0natlty of
perjury that the foregoing is true and
corre^t.
Dated at Cupertino, California, this
OAL
•lure
NOTICE TO Ail bids shall be com-
CONTRACTORS pared using the esCriate of
City of Cupertino quantities prepared by the
1=0 Torre Avenue Engineer of Work and the
Cupertino, unit prices submitted.No
California 95014 incomplete nor interlineated
SIDEWALK GRINDING proposal or bid will be ac-
PROJECT92.102 cepted. Bidders are re-
The City of CuperGrho, yuired to bid on all items of
Santa Clara County, the proposal.
California, invites sealed I No bid will be accepted
Proposals for the construc- from a Contractor who has
bon of the work as deiin" not been licensed in accor-
eated on the Plans or in the t h o e l i s to d i n Section dance with the provisions of
Specifications, entitled 16a30 of the California Chapter 9 of Division 3 of
SIDEWALK GRINDING Gore nment Code or bank the BtuirAiss and Proles
PROJECT 9 GRIN Said or savings and loan cerbfi- sions Code of the State of
Sealed proposals will be re. cafes of deposit, interest California.
ceived at the Office of the bearing demand deposit The contract shall not
accounts,standby letters of be awarded to any bidder
City Clerk, City Ralf, 10300
credit,or any other security who doss not possess theTorre Avenue, City of Cu-
pertina, California, until mutually agreed to by the proper classification of li-
200 P.M. Tuesday Otto Contractor and the City. tense.
E114911
1991,at which time The contractor shall be this Special at►ention of bid-
be publicly opened beneficial owner of any se- data is directed to �eetion
comparative totals curities substituted for mon- 7 for full directions as to
read. eye withheld and shall re- bidding.
All bids received will be ceive any interest thereon. Plans, Specification and
reported to the City Council All proposals or bids Contract Documents may
Of Cupertino within thirty shall be accompanied by a i be reviewed and copes of
(30j days of receipt, at cashier's or certified check tsame may be obtained at
whrch time the Council will payable to the order of the the office of the City Engi-
review and act upon the City of Cupertino, amount- sneer, City ball, Cupertino,
bids submitted.Award, a ing to ten (10) percent of 'California, upon deposit
any, will be to the lowest the bid, or by a bond in therfore of $5.00 per set,
responsible bidder. said amount and payable to none of which deposit will
Payment will be made said City,signed by the bid- be refunded.
in cash by said City upon der and a corporate surety, The City of Cupertino
submission by the contrac- or by the bidder and two ;reserves the right to reject
for and approval by the En- sureties who shall justify :any or all bids, and further
gineer of a progress billing before any officer camps- reserves the right to delete
which ►effects the value of tent to administer an oath, any item or items from the
the work completed. The in double said amount and proposal or to increase or
Progress payments made over and above all statutory decrease the quantity of
as work progresses will be exemptions.Said check sny item thereof.
Payments on account and shall be forfeited or said Date:Sept 30,1991
will not be considered as bond shall become payable City of Cupertino
an acceptance of any part to the City in case the bid- By/s/Dorothy Cornelius
of the materials or work- der depositing the same City Clerk
manship required by the does not, within ten (10) ub.:10-9,16-91 513-C
Contract Pursuant to Sec days after written notice
lion 4590 of tta Califomia that the contract has been Dctober 16,19911 Page 27
Government Code, the awarded to him, antes into
Contractor will be permit- a contract with the City,
led,at its request and soie Contractor shall furnish
expense, to substitute se- to City a faithful perfor-
curities for any moneys mane bond and a labor
withheld by the City to en- and material bond as re-
sure Performance under the quired in the specifications.
caasact Said securAW.s wig It shall be mandatory
deposited either with the upon the Contractor to
City or with a state or feder- whom the contract is
ally chartered bank as es. awarded,and upon all sub-
crow agent.Securities eligi- contractors under him, to
ble for this substitution are pay not less than the gen-
eral prevailing rates of per
Cupertino Courir diem wages to all laborers,
workmen,and mechanics
employed in the execution
of the contract.
Cit-4 of C'up►ertiro
10300 Torre Avenue P.O. Box 580
Cupertino,California 95014 Cupertino,California 95015
Telephone: i408) 252-4505
DEPARTMENT OF THE CITY CLERK
NovMb--r 22, 1991
P & Ftruct].affa Inc
1010 39th Avenue
Oakland, CA 94601
SMOMR GRIMIM -- FKXU CT 91-102
Dear Sposetc:
We are enajOsmq to yra for your files olive (1) ccpy of the MntraCt for
Public Works by and bets the City of Cupertino and P & F ConStruotion,
Inc., Which has been f espy executed by City Of f icials.
Eclosed please find your bid bcod.
SinoerelY
D01M1f 10MVEL110 ,
CITY CDERR
MT or
Dc/so
earl.
cc: Dept of Public Works
CONTRACT' FOR PUBLIC WORKS
CONTRA., T made on November 4, 1991 by the CM OF CUPFRrM, a
municipal corporation of the State of California, hereinafter called the
CITY and P & F Contraction, Inc., hereinafter called the OONTRACIOR
IT IS HEREBY AME,ED by the parties as follows:
1. THE CONTRACT DOCUMENTS. The cwVlet contract consists of the
following contract documents:
A. Plans and Specifications for Sidewalk crinding, Project 92-102
B. Performance Bond, Labor and Materials BXnd, Insurance Certificate
C. This Contract
D. Bid Proposal referred to as Exhibit A
Any and all obligations of the CITY and the OCINTRACPOR are fully set
forth and described herein.
All of the above documents are intended to cooperate so that any work
called for in one and not mentioned in the other, or vice versa, is to be
executed the same as if mentioned in all of said documents..ents.. Tlve do mments
comprising the complete contract are sometimes hereinafter referred to as
the Contract Documents. In case of conflict between the Plans and the
Specifications on the one hand, and this Contract on the other, the Plans
and Specifications shall prevail.
2. THE WORK. The Contractor agrees to furnish all of the tools,
equipment, apparatus, facilities, labor, transportation, and material
necessary to perform and complete in a good and workm-ail ike manner, the
work of Sidewalk Grinding as called for, and in the mmwer designated
in, and in strict conformity with, the Plans and Specifications prepared
by: Mr. Bert J. Viskovich, Director of Public Works and adapted by the
City, which Plans and Specifications are entitled, respectively, Sidewalk
Grinding, Project 92-102 and which Plans and Specifications are
identified by the signatures of the parties to this Contract.
1
It is understood and agreed that said tools, equipment, apparatus,
facilities, labor, transportation, and material shall be furnished, and
that said work shall be performed and caupleted as required in said Plans
and Specifications under the sole direction of the Contractor, but subject
to the inspection and approval of the City, or its representative. 'the
City hereby designates as its *presentative for the purpose of this
Contract: Mr. Bert J. Viskovich, Director of Public W:x'ks.
3. CONTRACT PRICE. Zhe City agrees to pay, and the Contractor agrees
to accept, in full payment for the work above agreed to be donne, the stun
of: Fifty eight thousand one hundred dollars and no cents
($58,100.00)subject to additions and deduction as provided in the
Contract Documents, per Exhibit "A" attached hereto.
4. DISPUTES PERTAINING Zn PAYMWr FOR WORK. Should any dispute arise
respecting the true value of the work done, or any work amitted, or of any
extra work which the Contractor may be required to do, or respecting the
size of any payment to the Contractor during the performance of this
Contract, said dispute shall be determined either by reference to the unit
of prices, if applicable, or in aoc:)rdance with the agreement of prices,
if applicable, or in accordance with the agreement of the parties, or in
accordance with the rules of the Mexican arbitration Association if the
parties are unable to agree.
5. PFMIITS, COMPLIANCE WITH LAW. The Contractor shall, at his expense,
obtain all necessary permits and licenses, easements, etc., for the
construction of the project, give all necessary notices, pay all fees
required by law, and comply with all laws, ordinances, rules and
regulations relating to the work and to the preser.ation of the public
health and safety.
6. � INSPBCTION BY THE CITY. Zile Contractor shall at all times maintain
proper facilities and provide safe access for inspection by the City to
all parts of the ..,ark, and to the shops wherein the work is in
preparation. Where the Specifications require work to be specially tested
or approved, it shall not be tested or covered up without timely notice to
the City of its readiness for inspection and without the approval thereof
or consent thereto by the latter. Should any such work be covered up
without such notice, approval, or consent, it must, if required by the
City, be irK=ered for examination at the Contractor's expense.
7. DMRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time
during the progress of the work require any alterations, deviations,
additions or omissions from the Specifications or Plans or the Contract
Documents, it shall have the right to do so, and the same shall in no way
affect or make void the contract, but the cost or value thereof will be
added to, or deducted fram, the amount of the contract price, as the case
may be, by a fair and reasonable valuation, which valuation shall be
determined either by reference to the unit prices, if applicable, or in
accordance with the agreement of the parties, or in accordance with the
rules of the American Arbitration Association if the parties are unable to
agree. No extra work shall be performed or change be made except by a
written order from the City, duly authorized by resolution of its
governing body, and by all agencies whose approval is required by law,
stating that the extra work or change is authorized, and no claim for an
addition to the contract su- shall be valid unless so ordered.
2
8. W MEET MyTAL RE1=WaNrS. The City shall have the
right to make changes in this Contract during the course of coon
to bring the completed improvements into oomplianoe with environmental
requirements or standards established by State and Federal statutes and
regulations after the Contract has been awarded or entered into. The
Contractor shall be paid for by such changes either by reference to the
unit prices, if applicable, or in accordance with the aft of the
parties, or in accordance with the rules of the American ,Arbitration
Association if the ;>:-%rties are unable to agree.
9. TERMINATION, AMENDMENM or MODIFICATIONS. This Contract may be
terminated, amended or modified, with the mutual consent of the parties.
The sensation payable, if any, for such termination, amendment or
modifications, shall he determined either by reference to the unit price,
if applicable, or in accordance with the agreement of the parties, or in
accordance with the rules of the American Arbitration Association if the
parties are unable to agree.
10. TIME FOR COMPIXTION. All work under this Contract shall be
completed: 60 working -lays
If the Contractor shall be delayed in the work by the acts or neglect of
the City, or its employees, or those under it by contract or otherwise, or
by changes ordered in the work, or by stxi::es, lockouts by others, fire,
unusual delay in transportation, unavoidable casualties or any causes
beyond the Contractor's control, or by delay authorized by the City, or by
any cause which the City shall determine justifies the delay, then the
time of completion shall be extended accordingly.
This paragraph does not exclude the recovery of damages for delay by
either party under other provisions in the Contract Docents.
11. INSPECTION P.ND TESTING OF MAxnUALS. The Contractor shall notii -
the City a sufficient time in auvanoe of the manufacture or production of
materials to be supplied by him under this Contract, in order that the
City may arrange for mill or factory inspection and testing of the same,
if the City requests such notice from the Contractor.
12. TERMINATION FOR BREACH, ETC. If the Contractor should be adjudged a
bankivpt, or if he should make a general assignment for the benefit of his
creditors, or if a receiver should be appointed on account of his
insolvency, or if he or any of his subcontractors should violate any of
the provisions of the Contract, the City may serve written notice upon him
and his surety of its intention to terminate the Contract, such notice to
contain the reasons for such intention to terminate the Contract, and
unless within ten days after serving of such notice, such violation shall
cease and satisfactory arrangements for corrections thereof be made, the
Contract shah., upon the expiration of said ten days, cease and
terminate. In the event of any such termination, the City shall
immediately serve written notice thereof upon the surety and the
Contractor, and the surety shall have the right to take over and perform
the Contract; provided, however, that, if the surety within fifteen days
after the serving upon it of notice of termination does not give the City
written notice of its intention to take --)vies and perform the Contract, or
does not eonmence performance thereof within thirty days from the date of
3
the serving of such notice, the City may take over the work and prosecute
the same to completion by contract, or by any other method it may deem
advisable, for the account and at the expense of the Contractor, and the
Contractor and his surety shall be liable to the City for any excess oast
occasioned by the City thereby, and in such event the City may, without
liability for so doing, take possession of, and utilize in cc�pleting the
work, such materials, appliances, plant and other property belonging to
the Contractor as may be on the site of the work and necessary therefor.
13. THE CITY'S RIGHT To 6JI'II M D COMM AMOUNTS AND MAIZE APPIaCATION
THEREOF. In addition to the amount which the City may retain under
Paragraph 21 of this Contract until the final cmpletion and acceptance of
all work covered by the Contract, the City may withhold from payment to
the Contractor such an amount or amounts as in its judgment may be
necessary to Pay just claims against the Contractor or any subcontractors
for labor and services rendered and materials furnished in and about the
work. The City may apply such withheld amount or amounts to the payment
of such claims in its discretion. In so doing, the City shall be deemed
the agent of the Contractor, and any payment so made by the City shall be
considered as a payment made under the Contract by the City to the
Contractor, and the City shall not be liable to the Contractor for any
such payment made in good faith. Such payment may be made without prior
judicial determination of the claim or claims. With respect to any
retention of payment by the City to ensure perf(-rmance of the Contract,
Contractor will be entitled to substitute securities as provided in
Section 4590 of the California Goverrmeht Code as more fully described in
the City's Notice to Contractors.
14. NOTICE AND SERVICE THERDOF. Any notice from one party to the other
under this Contract shall be in writing, and shall be dated and signed
either by the party giving such notice, or by a duly authorized
representative of such party. Any such notice shall not be effective for
any purpose wha'-soever unless served in the following manner: (a) if the
notice is given to the City either by personal delivery thereof to the
City Manager of the City, or by depositing the same in the united States
mails, enclosed in a sealed envelope, addressed to the City, postage
prey aid and certified; (b) if the notice is given to the Contractor,
either by personal delivery thereof to the Contractor, or to his &.O y
authorized representative at the site of the project, or by depositing the
same in the United States mails, enclosed in a sealed envelope, addressed
to said Contractor at: 1010 39th Avenue, Oakland, CA 94601 postaga
prepaid and certified; and (c) if the notice is given to the surety or any
other person, either by personal delivery to such surety or other person,
or by depositing the same in the United States mails, enclosed in a sealed
envelope, addressed to such surety or person, as the case may be, at the
address of such surety or persons last communicated by him to the party
giving the notice, postage prepaid and certified.
15. ASSIGNMEW OF CONTRACT. Neither the Contract, nor any part thereof,
nor moneys due or to beocm due thereunder, may be assigned by the
Contractor without the prior written approval of the City.
4
16. OWIMMCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the
Specifications, any material or process is indicated or specified by
patent or proprietary name, or by name of manufacturer, such
Specifications ;oust be met by Contractor, unless the City agrees in
writing to some other material, process or article offered by Contractor
which is equal in all respects to the one specified. ,
17. CONI'f2ACT SECURITY. The Contractor shall furnish a surety bond in an
amount at least equal to one hundred percent (100%) of the contract price
as security for the faithful performance of this Contract. The
Contractor shell also furnish a separate surety bond in an amount at least
equal to one hundred percent (100¢. of the contract price as security for
the payment of all persons for furnishing materials, previsions,
provender, or other supplies, used in, upon, for or about the performance
of the work contracted to be done, or for performi.z!g any work or labor
thereon of any kind, and for the payment of amounts due under the
Unemployment Insurance Code with respect to such work or labor in
connection with this Contract, and for the payment of a reasonable
attorneys fee to be fixed by the court in case suit is brought upon the
bond.
18. INSURANCE. The Contractor shall not commence mnence work under this
Contract until he has obtained all insurance required by the City, nor
shall the Contractor allow any subcontractor to commence work on his
subcontract until all :similar insurance required of the subcontractor has
been s:) obtained and approved. The Contractor shall furnish the City with
satisfactory proof of the carriage of insurance required, and there shall
be a specific contractual liability endorsement extending the Contractor's
coverage to include the contractual liability assumed by the Contractor
pursuant to this Contract and particularly Paragrptph 19 hereof. Any
policy of insurance required of the Contractor under this contract shall
also contain an endorsement providing that thirty (30) days' notice must
be given in writing to the City of any pending change in the limits of
liability or of any cancellation or modification of the policy.
(a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S ISABILITy
INSURANCE. The Contractor shall take out and maintain during the life
of this Contract Worker's Compensation Insuranc = and Employer's
Liability Insurance for all of his employees employee at the site of
the project and, in case any work is ,ublet, the Contractor shall
require the subcontractor similarly to provide Worker's Compensation
Insurance and Employer's Liability Insurance for all of the latter's
employees unless such employees are covered by the protection afforded
by the Contractor.
In signing this Contract the Contractor makes the following
certification, required by Section 1861 of the Labor code:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for worker's
compensation or to undertake self insurance in accordance with the
pm.,risions of the Code, and I will comply with such provisions before
eommencir.g the performance of the work of this contract".
5
6'
b) LLABI.LM INSURANCE. The Contractor shall take out and maintain
during the life of this Contract such Bodily Injury Liability and
Property Damage Liability Insurance as shall protect him and any
subcontractor performing work covered by this Contract from claims for
Property damage, including third-party property damage, to include
coverage on property in the care, custody and control of the
Contractor, and also excluding what are manly known as the 10X, C,
and U11 exclusions (having to do with blasting, collapse, and
underground property damage) , which may arise frcm Contractor's
operations under this Contract, whether such operations be by himself
or by any subcontractor or by anyone directly or uxiirectiy employed
by either of them and the amounts of such insurance shall be ads
follows:
Bodily Injury Liability Insurance in an amount not less than
$500,000.00 for injuries, including accidental death, to any one
person, and subject to the same limit for each person, in an amount
not less than $1,000,000.00 on account of one accident, and Property
Damage Liability Insurance in an amount not less than $250,000.00.
The City and its officers and employees, shall be named as additional
insureds on any such policies of insurance, which shall also contain a
provision that the insurance afforded thereby to the City, its
officers and employees, shall be primary insurance to the full limits
of liability of the policy and that if the City, or its officers and
employees, have other insurance against a loss covered by such policy,
such other insurance shall be excess insurance only.
19. HOID HAFd+ ESS. The Contractor will save, keep, and hold harmless
the City and all officers, employees, and agents thereof from all damages,
costs, or expenses, in law or in equity, that may at any time arise or be
set up because of personal injury or damage to property sustained by any
person or persons by reason of, or in the course of the performance of
said work, or by reason of any infringement or alleged infringement of the
patent rights of any person or persons, firm or corporation in consequence
of the use in, on, or about said work, of any article or material supplied
or installed under this Contract. Notwithstanding the above, the
Contractor shall wherever it is necessary keep and maintain at his sole
cost and expense during the course of his operations under this Contract
such warnings, signs, and barriers as may be required to protect the
public. The provisions of the preceding sentence shall. not impose any
liability upon the City and are for the express benefit of the general
public.
20. HOURS OF WORK. Eight hours of labor during any one calendar day and
forty hours of labor during any one calendar weak shall constitute the
maximum hours of service upon all work done hereunder, and it is expressly
stipulated that no laborer, workman, or mechanic employed at any time by
the Contractor or by any subcontractor or subcontractors under this
Contract, upon the work or upon any part of the work contemplated by this
Contract, shall be required or permitted to work thereon more than eight
hours during any one calendar day and forty hours during any one calendar
week, except, as provided by Section 1815 of the Labor Code of the State
of California, work performed by employees of Contractor,-- in excess of
eight hours per day and forty hours during any one week shall be permitted
upon public work upon compensation for all hours worked in excess of eight
6
hours per day at not less than one and one-half rims the basic rate of
pay. It is further expressly stipulated that for each and every violation
of Sections 1811-1815, inclusive, of the Labor Code of the State of
California, all the provisions whereof are deemed to be incorporated
herein, the Contractor shall forfeit, as a penalty to the City,
twenty-five dollars ($25.00) for each laborer, worker, ' ,or mechanic
employed in the execution of this Contract by Contractor, or by any
subcontractor under this Contract, for each calendar day during which said
laborer, worker, or mechanic is required or permitted to work more than
eight hours in any one calendar day and forty hours in any one calendar
week in violation of the provisions of said sections of the labor Code.
The Contractor, and each subcontractor, shall keep an accurate record
showing the names of and actual hours worked each calendar day and each
calendar week by all laborers, workmen, and mechanics employed by him in
connection with the work contemplated by this Contract, which record shall
be open at all reasonable hours lot the inspection of the City of its
officers or agents and to the Division of Labor Iaw Enforcement of the
Department of Industrial Relations of the State of California.
21. WAGE RATES. Pursuant to the labor Code of the State of California,
or local law thereto applicable, the City has ascertained the general
prevailing rate of per diem wages and rates for holidays and overtime in
the locality in which this work is to be performed, for each craft,
classification, or type of laborer, workman, or mechanic needed to execute
this Contract. The prevailing wages so determined are set forth in the
Specifications and made a Vat hereof. Neither the notice inviting bids
nor this Contract shall constitute a representation of fact as to the
prevailing wage rages upon which the Contractor or any suboontrac-tor under
him may base any claim against the City.
1776. (a) Each Contractor and subcontractor shall keep an accurate
payroll record, showing the n&,e, address, social security number, work
classification, straight time and overtime hours worked each day and week,
and the actual per diem wages paid to each journeyman, apprentice, worker,
or other eaployee employed by him or her connection with the public work.
(b) The payroll records enumerated under subdivision (a) shall be
certified and shall be available for in-pec.-tion at all reasonable hours at
the principal office of the Contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made
available for inspection or furnished to such employee or his or her
authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision
(a) shall be made available for inspection ,r furnished upon request
to a representative of the body awarding the _ontract, the Division of
Labor Standards Enforcement and the Division of Apprenticeship
Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision
(a) shall be made available upon request to the public for inspection
or copies thereof made, provided, however, that a request by the
public shall be made through either the body awarding the contract,
the Division of Apprenticeship Standards, or the Division of Labor
7
Standards Enforcement. The public shall. not be given access to such
records at the principal office of the ocetractor.
(c) Each Contractor shall file a certified copy of the record,
enumerated in subdivision (a) with the entity that requested such records
within ten (10) days after receipt of a written request.
(d) Any copy of ::ecords made available for inspection as copies and
furnished upon request to the public or any public agency by the awarding
bids, the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement shall be marked or obliterated in such a manner as
to prevent disclosure of an in ividual°s name, address and social security
number. The name and address of the Contractor awarded the contract or
performing the contract shall not be marked or obliterated.
(e) The Contractor shall inform the body awarding the contract of the
location of the records enumerated under subdivision (a) , including the
street address, city and county and shall, within five working days,
provide a notice of a change of location and address.
(f) In the event of noncompliance with the requirements of this section,
the Contractor shall have ten (10) days in which to comply subsequent to
receipt of written notice specifying in what respects such Contractor must
comply with this section. Should noncompliance still be evident after
such ten (10) day periof, the Contractor shall, as a penalty to the state
of political subdivision on whose behalf the contract is made or awarded,
forfeit twenty-five dollars ($25.00) for each calendar day or portion
thereof, for each worker, until strict ocuplianee is effectaaated. Upon
the request of the Division of Apprenticeship standards or the Division of
Labor Standards Enforcement, such penalties shall be withheld from
progress payments then due.
(g) The body awarding the contract shall cause to be inserted in the
contract stipulations to effectuate this section. Such stipulations shall
fix the responsibility for compliance with this section on the prime
Contractor.
(h) The director shall adopt rules consistent with the California Public
Records Act, (Ch. 3.5 (commencing with Section. 6250) of Div. 7, Title
1. Gov. Ch.) and the Information Pracrioes Act of 1977, (Title 1.8
(mincing with Sec. 1798) Pt. 4, Div. 3, Civ. C.) governing the release
of such records, including the establishment of reasonable fees to be
charged to reproducing copies of records required by this section. (Added
by Stats. 1978, Ch. 1249) .
1775.5 Nothing in this chapter shall prevent the employment of properly
registered apprentices upon public work.
Every such apprentice shall be paid the standard wage paid to apprentic,�s
under the x.egulations of the craft or trade at which he is employed, and
shall be Toyed only at the work of the craft or trade to utdch he is
registered.
8
Only apprentice, as defined in Section 3077, who are in training under
apprenticeship standards and written apprentice agreements under Chapter 4
(commencing with Section 3070) , Division 3, of the Labor Code, are
eligible to be employed on public works. The employment and training of
each apprentice shall be in accordance with the provisions of the
apprenticeship standards and apprentice agreements under which he is
training.
When the Contractor to whom the contract is awarded by the Mate or any
political subdivision, or any subcontractor under him, in performing any
of the work under the contract or subcontract, employs workmen in any
apprenticeable craft or trade, the Contractor and subcontractor shall
apply to the joint apprenticeship committee administering the
apprenticeship standards of the craft or trade in the area of the site or
the public work for certificate approving the Contractor or subcontractor
under the apprenticeship standards for the employment and training of
apprenticeships in the area or industry affected; provided, however, that
the approval as established by the joint apprenticeship committee or
committees shall be subject to the approval of the Administrator of
Apprenticeship. The joint apprenticeship or committees, subsequent to
approving the subject contractor or subcontractor, shall arrange for the
dispatch of apprentices to the Contractor or subcontractor in order to
comply with this section. 'There shall be an affirmative duty upon the
joint apprenticeship committee or committees administering the
apprenticeship standards of the craft or trade in the area of the site of
the public work to ensure equal employment and affirmative action in
apprenticeship for women and minorities. Contractors or subcontractors
shall not be required to subidt individual applications for approval to
local joint apprenticeship committees provided they are already covered by
the local apprenticeship standards. The ratio of apprentices to
journeymen who shall be employed in the craft or trade on the public work
may be -the ratio stipulated in the apprenticeship standards under which
the joint apprenticeship comunittee operates but in no case shall the ratio
be less than one apprentice for each five journeymen, except as otherwise
provided in this section.
The Contractor or subcontractor, if he is covered by this section, upon
the issuance of the approval certificate, or if he has been previously
approved in such craft or trace, shall employ the number of apprentices or
the ratio of apprentices to journeymen stipulated in the apprenticeship
standards. Upon proper showing by the Contractor that he employs
apprentices in such craft or trade in the state on all of this contract on
an annual average of not less than one apprentice to each five journeymen,
the Division of Apprenticeship Standards may grant a certificate exempting
the Contractor for the 1-to-5 ratio as set forth in this section. This
section shall not apply to contracts of general contractors involving less
than thirty thousand ($30,000.00) or twenty (20) working days or to
contracts of specialty contractors not bidding for work through a general
or prime contractor, involving less than two thousand dollars ($2,000.00)
or fewer than five (5) working days.
"Apprentieeable craft or trade," as used in this section, shall mean a
craft or trade determined as an apprentieeable motion in accordance
with rules and regulations prescribed by the Apprenticeship Council. The
joint apprenticeship committee shall have the discretion to grant a
9
certificate, which shall be subject to the approval of the A& nistratc r
of Apprenticeship, exempting a contractor from the 1-to-5 ratio set forth
in this section when it finds that any one of the following conditions are
met:
(a) In the event unemployment for the previous three month period in
such area exceeds an average of 15 percent, _w
(b) In the event the number of apprentices in training in such area
exceeds a ratio of 1-to-5, or
(c) If there is a showing that the apprenticeable craft or trade is
replacing at least one-thirtieth of its journeymen annually through
apprenticeship training, either (1) on a statewide basis, or (2) on a
local basis.
(d) If assignment of an apprentice to any work performed under a public
works contract would crate a condition which would jeopardize his life or
the life, safety, or property of fellow employees of the public at large
if the specific task to which the apprentice is to be assigned is of such
a nature that training cannot be provided by a journeyman.
Wien such exertions are granted to an organization which represents
Contractors in a specific trade from the 1 to 5 ratio on a local or
statewide basis the member contractors will not be required to submit
individual applications for approval to local joint apprenticeship
committees, provided they are already covered by the local apprenticeship
standards.
A Contractor to whom the contract is awarded, or any subcontractor under
him, who, in performing any of the work, under the contract, euploys
journeymen or apprentices in any apprenticeable craft or trade and who is
not contributing to a fund or funds to administer and conduct the
apprenticeship program in any such craft or trade in the area of the site
of the public work, to which fund or funds other Contractors in the area
of the site of the public work are contributing, shall contribute to the
fund or funds in each craft or trade in which he employs journeymen or
apprentices on the public work in the same amount or upon the same basis
and in the same manner as the other Contractors do, but where the trust
fund administrators are tutable to accept such funds, contractors not
signatory to the trust agreement shall pay a like amount to the California
Apprenticeship Council. The Contractor or subcontractor may add the
amount of such contributions in computing his bid for the contract. The
Division of Labor Standards Enforcement is authorized to enforce the
payment of such contributions to the fund or funds as set forth in Section
227.
The body awarding the contract shall cause to be inserted in the contract
stipulations to effectuate this section. Such stipulations shall fix the
responsibility of compliance with this section for all apprenticeable
occupations with the prime Contractor.
All decisions of the joint apprenticeship committee under this section
are subject to the provisions of Section 3081. (Amended by Stats. 1976,
Ch. 1179)
10
RESCUMCN NO. 8452
A RESDId CN OF THE CITY AIL OF THE CITY OF CUPEMM
AUIHORIZAG EXECUTION OF AGREEMEW BETWEM THE CUPERTINO UNICIJ
SCHOOL DISTRICT AND THE CITY OF CLJPERTIN0 PF40VMING FM THE
ADMINISTRATION AND OLNS ICK (F IMPROVEMENTS AT THE
WI LSON SCHOOL SITE AND THE WILSON PARK SITE
VEHMM, it is the desire of the Cupertino Union School District and
the City of AVertino to cooperate in the construction of improvements at
the Wilson School site and the Wilson Part: site inasmuch as said
plr+o)erties share a common boundary; and
MWEAS, an agreement between the two parties is submitted to the City
Council providing for the administration and construction of the necessary
itq3rovements; and
WHEREAS, provisions, terms, and ocnditions of said agreement have been
reviewed and approved by the Director of Public Works and the City
Attorney;
NOW, nMEFORE, BE T.r RE90I.VED, that the City Council of the City of
Cupertino hereby approves uaa aforementioned agreement and authorizes the
Mayor and the City Clerk to ewecute said agreement on behalf of the City
of Cupertino.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to
record said deed and this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 15th day of _ruly 1991, by the
following vote:
Vote Members of the City Council
AYES: Goldman., Rogers, Sorensen, Szabo, Koppel
NMS. None THIS IS TO CERTIFY THAT TH' WITHIN
INSTRUMENT 19 A TRUE AND C)F THEE: CORRECT COPY
ABSENT: ORIGINAL ON FILE IN THIS OFFICE.
ABSENT: None. �
ATTEST �!�
ABSTAIN: None CITY CL 19-:L
F T E CITY OF PERTINO
r;Y
ATTEST: APPROVED: r: C1. arc
Isl Roberta A. Wolfe /sj Barb KoRRel
City Clerk , Deputy Mayor, City of Cupertino
AGREEMENT
THIS AGREEMENT, ENTERED INTO ON 1991 BETWEEN
CITY OF CUPERTINO, a body
politic and a municipal
corporation of the State of
California, referred to herein
as "CUPERTINO".
AND
THE CUPERTINO UNION SCHOOL
DISTRICT, a local agency of
the State of California,
referred to herein as
"DISTRICT".
RECITALS
(1) CUPERTINO and DISTRICT contemplate construction of
the improvements required by the final improvement plans for
Tract No. 8332 including streets, curbs, gutters, sidewalks and
underground utilities, referred to herein as "PROJECT", and
desire to specify the terms and conditions under which this
project is to be installed, financed and maintained.
(2) THE DISTRICT will act as lead agency. The
DISTRICT, CUPERTINO and GHENO will share the expense of
preparation of plans and specifications, construction
engineering, construction costs and necessary equipment purchase
.required to complete the PROJECT. CUPERTINO and DISTRICT will
bear the full cost subject to reimbursement by GHENO of his share
of that expense pursuant to the Reimbursment Agreement, Exhibit A
hereto.
SECTION 1
CUPERTINO AGREES:
To pay DISTRICT within thirty (30) days of receipt of
billing therefor (which billing will doe forwarded after Decemr�r
1991) an amount to twenty-two percent (22%) of the final
construction costs or One Hundred Sixty-seven Thousand Dollars
($167, 000 ) whichever is less. An example of the schedule is
shown below as Exhibit B and incorporated herein by this
reference. In no event shall CUPERTINO's total obligation for
said costs under this Agreement exceed the amount of One Hundred
Sixty-seven Thousand ($167, 000) provided that CUPERTINO may, at
its sole discretion, in writing, authorize a greater amount.
1
SECTION IT
DISTRICT AGREES:
(1) To provide advertisement, bid opening, award of
the contract, contract administration and all necessary
construction engineering services for the PROJECT.
(2) Prior to advertisement for construction of
PROJECT, to submit said plans and specifications to CUPERTINO for
review and concurrence as to conformity to CUPERTINO's standards
and/or existing facilities.
(3) To construct the PROJECT by contract in accordance
with the plans and specifications of DISTRICT.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS.
(1) Neither CUPERTINO nor any officer or employee
thereof shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by
DISTRICT under or in conjunction with any work, authority or
jurisdiction delegated to DISTRICT under this Agreement.
Pursuant to Government Code Section 895. 4 , DISTRICT shall fully
indemnify and hold CUPERTINO harmless from any liability imposed
for injury (as defined by Government Code Section 810.8)
occurring by reason of anything done or omitted to be done by
DISTRICT under or in conjunction with any work, authority or
jurisdiction delegated to DISTRICT under this Agreement.
(2) Neither DISTRICT nor any officer or employee
thereof shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by
CUPERTINO under or in conjunction, with any work, authority or
jurisdiction not delegated to DISTRICT under this Agreement.
Pursuant to Government Code Section 895. 4 , CUPERTINO shall fully
indemnify and hold DISTRICT harmless from any liability imposed
for injury (as defined by Government Code Section 810.8)
occurring by reason of anything done or omitted to be done by
CUPERTINO under or in conjunction with any work, authority or
jurisdiction not delegated to DISTRICT under this Agreement.
(3) Should any portion of the PROJECT be financed with
Federal funds or State gas tax funds, all applicable procedures
and policies relating to the use of such funds shall apply
notwithstanding other provisions of this Agreement.
2
(4) After opening bids for the PROJECT and if bids
indicate a cost overrun of no more than ten percent (10%) of the
estimated cost of Four Hundred Fifty-three Thousand Dollars
($453,000) , DISTRICT may award the contract.
(5) If, upon opening of bids, it is found that a cost
overrun ex7-_eding ten percent (10%) of the estimate will occur,
CUPERTINO and DISTRICT shall endeavor to agree upon an alternate
course of action, such as proportional increases in the financing
by each party. DISTRICT shall no be obligated to award the
contract unless such agreement is reached. Notwithstanding any
such overrun, DISTRICT may award the contract, without consent of
CUPERTINO, if DISTRICT agrees to assume financial responsibility
for the cost overrun.
(6) In the construction of said work, DISTRICT will
furnish a representative to perform the usual functions of a
Resident Engineer.
(7) DISTRICT shall require any contractor awarded a
contract for any portion of said PROJECT to secure and maintain,
in full force and effect at all times during construction of said
PROJECT and until said PROJECT is accepted by DISTRICT and
CUPERTINO, public liability and property damage insurance in
forms and limits of liability satisfactory and acceptable to
DISTRICT and CUPERTINO, naming CUPERTINO and DISTRICT and their
respective officers, agents, and employees as insureds, from and
against any and all claims, loss liability, cost or expense
arising out of or in any way connected with the construction of
said PROJECT and to indemnify and hold harmless those entities
and individuals from all such liabilities.
(8) CUPERTINO hereby grunts to DISTRICT and its agents
and contractors all necessary authority to perform within the
boundaries of CUPERTINO any and all work required to perform the
terms of this Agreement upon securing all necessary permits from
City and other agencies.
(9) This Agreement shall terminate on September 30,
1991 , if DISTRICT has not awarded the contract for the
construction of the PROJECT prior to that date. Otherwise, this
Agreement shall terminate upon receipt of CUPERTINO' s
reimbursement as specified in Section II.
3
UNION HOOL DISTRICT
CUPERTI _
CITY OF CUPERTINO ^"—
By- Mayor �J v
Attest:
Cle kr of the Board
2/
Attest: C� y Cie of Trustees
A V VRoVED AS TO FORK AND
APPROVED AS TO FORM AND LEGALITY:
LEGALITY:
counsel
el
Ci y Attorney
STATE OF CALIFORNIA S.S.
COUNT T'Y OF SANTA CLARA
On this day of _ _ , in the year _
before me _ _ , personally appeared
_ personaLly known to me or proved to
me on the basis of satisfactory evidence to be the person who
executed this instrument as _ of
and acknowledged to me that the
executed it.
Signature
name (typed or printed)
i
4
Agreement
Exhibit "A"
Page 1 of 5
REIMBURSEMENT AGREEMENT
rk
THIS AGREEMENT is made on ? 1
1991, by and
between the CUPERTINO UNION SCHOOL DISTR CT, a local agency of
the State of California ( the "District") , the CITY OF CUPERTINO,
a municipal corporation of the State of California (the "City") ,
and HAROLD L. GHENO and ANTONIO M. GHENO, TRUSTEES, EDITH E.
GE.`'10 FAMILY TRUST ("Gheno") .
RECITALS
A. District owns fee title to that certain tract of
land situated in the City of Cupertino, Santa Clara County,
California, generally known and described as Tract No. 8332 (the
"Property") .
B. District has sold a portion of the Property
consisting of 5. 6 acres to City for a park (the "Park Site") .
C. District and City propose to perform certain work
of improvement on the above tract as specified in the Agreement
attached hereto and incorporated herein as Exhibit A (the
"Improvements") .
D. Gheno is the owner of an adjacent tract of land to
the west of the Property bounded by South Blaney Avenue on the
west, Hall Court on the south, Parkside Lane on the east and
Rodrigues Avenue on the north (the "Gheno Property") .
E. Gheno proposes to develop the Gheno Property and
the Improvements will therefore benefit the Gheno Property as
well as the Property.
1
Exhibit "A"
Page 2 or 6
F. City has agreed to lease from Gheno and Gheno has
agreed to lease to the City a portion of the Gheno Property for
use as a parking lot for the park until City develops a parking
lot on the Park Site pursuant to the Lease attached hereto and
incorporated herein as Exhibit B.
G. In consideration for this lease, City and
District have agreed to advance the costs of the Improvements
which benefit the Gheno Property.
H. Exhibit C, identifies the portions of the
Improvements which benefit primarily the District, the City and
Gheno.
I. The District shall be entitled to reimbursement
from Gheno of thirteen percent (13%) of its costs of the
construction of the Improvements, but not more than Seventy-five
Thousand Dollars ($75, 000) , upon the filing by Gheno of a tract
map for the Gheno Property or any portion thereof.
J. The City shall be entitled to reimbursement from
Gheno of thirty-two percent (32%) of its costs of the
construction of the Improvements, but not more than Sixty-nine
Thousand Dollars ($69,000) , upon the filing by Gheno of a tract
map for the Gheno Property or any portion thereof.
NOW, THEREFORE, in consideration of the covenants
contained in this Agreement, the parties hereto mutually covenant
and agree as follows:
GENERAL REQUIREMENTS
1.1 The District and City shall, at their own cost
2
Exhibit "A"
Page 3 of 6
and expense, complete all of the Improvements covered by the
Agreement, Exhibit A hereto, at an estimated cost of Seven
Hundred Six Thousand, Seven Hundred Ninety-eight Dollars
($706,798) .
DEFINITION AND OWNERSHIP OF IMPROVEMENTS
2. 1 The term "Improvements" means the development work
required by the final improvement plans for Tract no. 8332
including streets, curbs, gutters, sidewalks and underground
utilities, referenced in the Agreement, Exhibit A hereto, and
indicated on Tract map no. 8332, Exhibit D hereto. The
Improvements shall be shown in detail on an improvement plans,
profiles, and specifications that, have been or are being prepared
by one or more registered civil engineers acting for the
District.
PAYMENT
3 . 1 The District and City shall be reimbursed and paid
a share of the costs and expense of construction of the
Improvements by Gheno as follows:
A. The costs of thirteen percent (13%) of all labor
paid for, including payroll insurance and taxes, and all other
costs and expenses incurred by the District for construction of
the Improvements, but in no event more than Seventy-five Thousand
Dollars ($75,000) , will be reimbursed by Gheno to the District
upon Gheno's development of his property and District's delivery
to Gheno of a statement of District's costs and expenses for the
construction of the Improvements and of the amount due from
3
Exhibit "A"
Page 4 of 5
Gheno.
B. Thirty-two percent (32%) of the costs paid by the
City to the District for construction of the Improvements, but in
no event more than Sixty--nine Thousand Dollars ($69,000) , will be
reimbursed by Gheno to the City upon Gheno's development of his
property and City's delivery to Gheno of a statement by the City
of the amount of the costs and expenses of the construction of
the Improvements paid by the City and of the amount due from
Gheno.
3.2 Books and Records. The District shall keep and
maintain accurate books of account and records of all of its
business transactions under this agreement. Gheno shall have the
right to review these books of account and records at the offices
of the District during normal business hours on reasonable
notice.
GENERAL PROVISIONS
4. 1 Entire Agreement. This agreement represents the
entire understanding of the parties and supersedes all previous
negotiations, written or oral, and may not be altered, changed,
amended, or modified except by an agreement in writing signed by
the parties.
4.2 Notices. Any notices and demands under this
agreement shall be in writing, and shall be deemed given and
received forty eight (48) hours after deposit with the United
States Postal Service, postage prepaid, addressed to the parties
as follows:
4
Exhibit "A"
Page 5 of 6
To The District at: Associate Superintendent,
Business Services
Cupertino Union School District
10301 Vista Drive
Cupertino, CA 95014
To the City at: Director of Public Works
'.0300 Torre Avenue
Cupertino, CA 95017
To Gheno at: Harry Gheno
5 Cypress Court
San Carlos, CA 94070
Each party shall have the right by notice in writing given to the
others pursuant to the provisions of this paragraph to change,
from time to time, the respective addresses at which notices or
demands shall be given. Statements for reimbursement or payment
shall be delivered as set forth in this paragraph. Payments
delivered as set forth in this paragraph need not be accompanied
by any other written notice.
4. 3 Applicable Law. The laws of the State of
California shall govern this agreement and any breach of this
agreement.
4 .4 Binding effect. The terms and conditions of this
agreement shall be binding upon, and inure to the benefit of, the
parties hereto and their respective successors and assigns.
5
Exhibit "A"
Page 6 or 6
IN WITNESS WHEREOF, the parties have executed this
Agreement the day and year first above written.
Dated: The City of Cupertino
By: A _
Mayor
Dated: to t9� The pert' n of District
�j B
Y
Dated:) to- Harold L. Gheno, Trustee,
Edith E. Gheno Family Trust
By: ,, -U Q,
Dated: I� .1_�t Antonio M. Gheno, Trustee,
Edith Gheno Family Tr st
By• �.
i
Cit Clerk
Approved as to form:
City Attorney
6
EXHIBIT B
(EXAMPLE OF PAYMENT SCHEDULE)
DISTRICT bid opening date June 17, 1991
DISTRICT award of Contract for Project July 5, 1991
DISTRICT'S bill to CUPERTINO November 29, 1991
CUPERTINO's repayment (due within 30 days) December 30, 1991
6
JOINT RECORDING INSTRUCTIONS
FOR WILSON SUBDIVISION
TRACT NO. 8332
To: CALIFORNIA LAND TITLE COMPAN
CUPERTINO UNION SCHOOL DISTRICT ("DISTRICT") and the CITY OF
CUPERTINO ("CITY") , owners of the properties described as Tract
8332, now hereby submit the following Joint Escrow Instructions:
I. When in a position to do so, California Land Title Company is
hereby directed to record the Final Subdivision Map for Tract No.
8332 .
II. California Land Title Company is hereby directed to record
concurrent with the above item No I. , the following documents and
to complete at that time the legal description of these documents
as necessary with the recording information of above referenced
Tract Map:
A. A quitclaim deed from the City to the District for any
and all interest it may have in Lot 18 of the above named
Tract.
B. A quitclaim deed from the District to the City for any
and all interest it may have in Lot 19 (also known as City
Park) of the above named Tract.
III. The recording of these documents is intended to accomplish a
minor lot line adjustment between adjoining lands of the
undersigned, in conjunction with the recording of the Final
Subdivision Tract Map.
IV. The Parties hereto, by and between their respective
authorized officials, hereby have set their hand at the date
affixed next to their_ respective signatures, and represent that
they have the authority to execute this agreement on behalf of
their respective public entities, and represent that their
respective public entities do hereby execute these instructions.
City of Cupertino
BY: bate:
Cupert Union School Dist 'ct
BY: Date: June 21, 1991
City Attorney City C erk
JOINT ESCROW INSTRUCTIONS
FOR WILSON SUBDIVISION
CUPERTINO UNION SCHOOL DISTRICT ("DISTRICT") owner of the
property subject to this escrow, and the CITY OF CUPERTINO
("CITY") , which has entered into a SUBDIVISION AGREEMENT
( ) whereby DISTRICT agrees to install and complete certain
designated public improvements, now hereby submit the following
Joint Escrow Instructions.
1. DISTRICT shall submit into escrow deeds to lots 8
and 9 of the Wilson Subdivision, Tract 8332, from said DISTRICT
to the CITY OF CUPERTINO, to secure that DISTRICT shall furnish,
construct and install at its own expense all improvements as
required by Title 18 of the Cupertino Municipal Code, or as
amended, and as shown on plans and specifications of said
Subdivision. Said lots shall. further secure that DISTRICT shall
make payment to the contractor, his subcontractors, and to all
persons furnishing materials, supplies, equipment or labor used
in, upon, for or about the improvements required to be furnished,
constructed and installed in the Wilson Subdivision including
payment of amounts due under the Unemployment Insurance Act.
2 . In the event that said improvements including, but
not limited to, facilities for water, gas, electricity, sewer,
cable television, storm drainage, curbs, gutters, sidewalks and
public streets, are not completed to CITY standards on or before
November 1, 1992 , or in the event DISTRICT does not make payments
to the contractor, subcontractors, mater_.al and labor suppliers
for said improvements, CITY shall give written notice to
California Land Title Company of said non-compliance; a copy
shall be sent to the DISTRICT; ten (10) days following delivery
of said written notice, California Land Title Company shall
transfer title of said lots to the CITY and shall cause said
deeds to be delivered to CITY. CITY may withdraw or modify such
notice within said ten (10) day period.
3 . In the event any or all of said deeds are
delivered to CITY, CITY may use the land involved for any public
purpose, or may sell the land to the public, for fair market
value, and in either case shall assume responsibility for
completion of the improvements or compliance with the conditions,
to the extent CITY has the power and ability to carry any or all
of the same forward. CITY 's activities hereunder shall not
operate to release DISTRICT from its obligations, including the
payment of any shortfall in the cost of completion of said work
or compliance with the conditions, once the fair market value of
said lots 8 and 9 has been exhausted in said efforts by CITY.
Any excess of fair market value, as determined by either sales
price in the event of sale or appraisal in the event City
decides to retain the property, resulting after completion of the
improvements/conditions shall be transmitted to DISTRICT.
Joint Escrow Instructions
Wilson Subdivision
Page Two
4 . The deeds to real property frozen in escrow by the
parties hereto, are intended to be in satisfaction of legal
authority for CITY to require security such as bonds, cash
deposits, securities or other means with respect to the
obligations of DISTRICT arising as a result of its subdivision of
the aforesaid property.
5. Upon the granting of final approval of said
improvements, CITY shall without delay notify California Land
Title Company to release deeds to said lots back to the DISTRICT.
6. THE PARTIES HERETO, by and between their
respective authorized officials, hereby have set their hand and
seal at the date affixed next to their respective signatures, and
represent that they have the authority to execute this agreement
on behalf of the public entity involved.
DATED: _^, 1991 AAk
May r
Ci y of rtino
DATED: June 21 , 1991
Cupertino Union Schoo istrict
ty Clerk
Approved as to form:
City Attorney