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00-057 Blackberry Farm Green ReconstructionRECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 DOCUMENT: 15335670 Titles~1 /Pages 3 Fees.... No Fees Taxes... ^0015335670w Copies . . AMT PAlD BRf=NDA DAV 1 S RDE # 001 /016 SAPJTA CLARA COUNTY RECORDER 7/28/2000 Recorded at the request of 12 10 PM C i 1' y ~a-~~ 1 ;SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE INACCORDANCE WITH GOV. CODE 6103 CERTIFICATE OF COMPLETION AND N07'ICE OF ACCEPTANCE OF COMPLETION BLACKBERRY FARM GRI.EN RECONSTRUCTION PROJECT NCO.2000-105 Original r O For Fast Endorsement Ct~- ~~n ~F CUPEI~TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 DEPARTMENT OF PUBLIC WORKS CERTIFICATE OF' COMPLETION ANI~ NOTICE OF ACCEPTANCE OF COMPLETION BLACKBERRY FARM GR)E:EN RECONSTRUCTION PROJECT N0.2000-105 NOTICE IS HEREBY GIVEN THA'C I, Bert J. Viskovich, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements hereinafter described., the contract for doing which was entered into by and between the City of Cupertino and AMERICAN CONSTRUCTION ENTERPRISES on July 7, 2000, in accordan<;e with the plans and specifications for said work, have been completed to my satisfaction ~tnd acceptance is made as of July 18, 2000. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete sari project, all as more particularly described in the plans and specifications for said project. Date: July 18, 2000 of the City of Cupertino Printed on Recycled Paper VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under th~~ laws of the State of California, that the foregoing is true and correct. Executed on the 20th day of July 2000 at Cu~~ertino, California. ~. ~ Administrative Clerk City Clerk's Office, City of Cupertino E. CONTRACT FOR PUBLIC WORKS This CONTRACT made on ~ _~ ~ by the CITY OF CUPERTINO, a municipal corporation of the State of C ifornia, hereinafter called CITY, and AMERICAN CONSTRUCTION ENTERPRISES hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form. b. Standard Specifications, General Provisions acid Special Provisions. c. Plans and Specifications for BLACKBERRY FARM GOLF COURSE GREEN RECONSTRUCTION d. Faithful Performance Bond and Materials Bond. e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggre;;ate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Com~~ensation Insurance and Notice of Policy Cancellation Endorsement. f. This Contract for Public Works. 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 e~;:ecuted the same as if mentioned in all of said documents. The documents 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. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work of GREEN RECONSTRUCTION, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, BLACKBERRY FARM GOLF COURSE GREEN RECONSTRUCTION, PROJECT NO 2000-105 and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. Contract Page ] of 7 CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Bert J. Viskovich. 3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of 48,000.00 (FORTY EIGHT THOUSAND DOLLARS AND NO CENTS) sL~bject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT' FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this (~ontract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, or in accordance with the agreement ~~f the parties, or in accordance with Section 6, paragraph "f' of the General Provisions. 5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and ea:>ements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, 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 CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approv~il, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND (;RANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans and Specifications or the Contract Documents, CITY 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 from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. No extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, 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 sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by .State and Federal statutes and regulations after the (:ontract has been awarded or entered into. Contract Page :~ of 7 CONTRACTOR shall be paid for such change:~ either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties. 9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. TIME FOR COMPLETION. All work under this Contract shall be completed in accordance with the Time for Completion section in the Proposal and the Specifications of this project. If CONTRACTOR shall be delayed in t:he work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or b~~ delay authorized by CITY, or by any cause which 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 Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general .assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty (30) days from the date of the serving of such notice, 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 CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. Contract Page 3 of 7 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services rendered and materials fizrnishe:d in and about the work. City may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall be considered as a payment made ur.~der the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any 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 CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in ~>ection 4590 of the California Government Code as more fully described in CITY'S Notice to Contractors. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be d<<ted 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 whatsoever unless served in the following manner: (a) if the notice is given to CITY, either by personal delivery thereof to the ]Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE AVENUE; CUPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR' S duly authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to, AMERICAN CONSTRUCTION ENTERPRISES. 37428 CE'NTRALMONT PL.. FREMONT. CA 94536 postage prepaid and certified; and (c) if notice is ;given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a se;~led envelope, addressed to CONTRACTOR' S surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIIJNS OF MATERIALS. Whenever in the Specifications, any material or process is indicatea~ or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall. be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. Contract Page 4 of 7 17. WORKER'S COMPENSATTON INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take aut and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the :>ite of the project. In case any work is sublet, CONTRACTOR shall require any and all subcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the Tatter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. In signing this Contract 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 requires every employer to be insured against liat~ility for worker's compensation or to undertake self insurance in accordance with the provisions ~~f the Labor Code, and I will comply with such provisions before commencing the performance o~Fthe work of this Contract." 18. ACCIDENT PREVENTION. Precautio~i shall be exercised at all times for the protection of persons (including employees) and property. 7'he safety provisions of applicable laws, building codes and construction codes shall be observed. rvlachinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its constructior- and before acceptance. 20. CONTRACTOR'S GUARANTEE. C;ONTRACTOR unqualifiedly guarantees the first-class quality of all work and of all materials; apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or sup~~lier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of amy defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one (1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. Contract Page $ of 7 P.O. No. 21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of the Contract, the deferred selection of none, an}~ or all alternate bid items at the bid price. The alternates chosen would be for any sites currently under construction or to be constructed in the future. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO: B ayor Attest: ~~~ ~~~~~ City erk Date: ~ 20©~ APPROVED AS TO FORM• > ~ / /~ ~~~ City Attorney CONTRACTOR: By: N~~.'~a~~owt~ent is required. If a c rat n, Corp rate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation a Social Security No. is required. Social Security # ~~ Federal Tax I.D. # Contractor's License No. Project Name & Number: Blackberry Farm Golf Course Green Reconstruction, Project No. 2000-105 Contractor's Name & Address: American Constiruction Enterprises 37428 Centralmont Place Fremont, Ca 94536 Contract Amount: $48,000.00 Account Number: 560-9105 File No: 92,065 Contract Page 6 of 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEINT State of California County of Santa Clara On June 21, 2000, before, me, Roberta Ann RQRERiAANN "v1'Qi.FE .- ~ Cc~rnm. No. 1147769 p V " Nt}7A~2Y f~U~IJC- CALEFOANIA Cla `~ ~°~, SANTAC~ARACQUNTY n My Commission Expires July 21, 2001 ~oa~aooc~esxxxra~o WoffE:, Notary Public, personally appeared Joseph Da Silv~~, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entities upon behalf of which the person acted, executed the instrument. WITI~E~SS my hand and official seal. r/ i, oberta Ann Wolfe, Notary Public OPTIIONAL Though the data below is not required by law, it mad/ prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ^INDIVIDUAL ^CORPORATE OFFICER Contract for Public Works TITLI= OR TYPE OF DOCUMENT ^PARTNERS ^LIMITED ^GENERAL ATTORNEY-IN-FACT ^TRUSTEE(S) ^GUARDIAN/CONSERVATOR Seven ^OTHER NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON OR ENTITY: American Construction Enterprises June 21, 2000 DATE OF DOCUMENT Mayor, City Clerk, City Attorney SIGNER(S) OTHER THAN NAMED ABOVE ~~ TY C) CUPEI~TINO INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4, 5 AND 6, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE 1. Insurance Agreement -Must be signed by Contractor. 2. Certificate of Insurance to the City of CuI-ertino -must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Primary Insurance -must be ~;igned by the insurance agent for general liability and automobile liability only. 4. Additional insured endorsement -must be sil;ned by the insurance agent for general liability and automobile liability only. 5. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project -must be signed by the insurance agent for general liability only. 6. Waiver of subrogation endorsement worker's ~;,ompensation insurance -must be signed by the insurance agent for worker's compensation only. 7. Notice of policy cancellation endorsement -must be signed by the insurance agent or must be on the company's certificate of insurance form for all insurances. Contract Page 7 of 7 ~: Cori ii ' CUPER,TINt) INSURANCE E~GREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, ~~n all operations hereunder, commercial or comprehensive general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City fon• all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds ors said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide th~~ name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the: provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with re;:pect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contr. act, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A, Class VII or better. Worker's Compensation Liability In accordance with the Worker's Compensation Act ~~f the State of California - $1,000,000 per occurrence. Insurance Agreement Page 1 of 2 Public Liability -either commercial general liability Combined single limit of $1.0 million per or comprehensive general liability; including occurrence; $2.0 million in the aggregate. provisions for contractual liability, personal injury, independent contractors and property damage coverages. Automobile Liability -comprehensive covering owned, non-owned and hired automobiles. m t.-~~C ~ ~~ (Contractor's Name) Combined single limit of $1.0 million per occurrence. Insurance Agreement Page 2 of 2