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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