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86-128 Royston Hanamotoa Alley and Abey, Hoover Park Landscape Agreement, Project 1004, Resolution No. 6869, Collishaw Corporation, Hoover Park Project No. 1004 : t`W et" Cit of Cupertino 10300 Torre Avenue P.O. Box 580, - • Cupertino, California 95014 + Cupertino,California 95015 =:'e Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK June 28, 1986 Royston, Hanamoto, Alley and Abey 225 Miller Avenue Mill Valley, CA 94942-0937 • LANDSCAPE ARCHITECT AGREEMENT We are enclosing to you for your files one (1) fully executed copy of the Agreement by and between the City of Cupertino and Royston, Hanamoto, Alley and Abey, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 6869, which was enacted by the City Council of the City of Cupertino, at their regular meeting of Monday, June 16, 1986. Sincerely, m.6" - DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works • — - - • • • • RESOLUTION NO. 6869 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT WITH ROYSTON., HANAMOTO,. ALLEY AND ABBY PROVIDING FOR LANDSCAPE ARCHITECTURAL FOR HOOVER PARK WHEREAS, the City is desirious of engaging the services of a landscape architect to prepare the plans and specifications for Hoover Park; and WHEREAS, the firm of Royston, Hanamote, Alley and Abey is qualified and willing to provide the necessary services; and WHEREAS, an agreement between the City of Cupertino and Royston, Hanamote, Alley and Abey is outlining the terms and conditions of the required services, has been presented to the City Council; and said agreement having been approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of Tune , 1986 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABSENT: None - ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ Barbara A. Rogers City Clerk Mayor, City of Cupertino • • LANDSCAPE ARCHITECT AGREEMENT THIS AGREEMENT made as the 16th day of June, 1986 by and between the CITY OF CUPERTINO, a municipal corporation, hereinafter called the "CITY, " and ROYSTON, HANAMOTO, ALLEY & ABEY, with its principal place of business at 225 Miller Avenue, Mill Valley, California; hereinafter called the "LANDSCAPE ARCHITECT. " WITNESSETH: WHEREAS, The City intends to develop Hoover Park in the City of Cupertino; hereinafter called the "Project. " NOW, THEREFORE, The City and Landscape Architect for the consideration hereinafter set forth, agrees as follows : I . Subject to the provisions of this Agreement, the Landscape Architect agrees to perform in connection with the above-named project, professional services as hereinafter set forth, and the City agrees to pay the Landscape Architect for such services based on the Schedule of Fees for Professional Services, which is attached hereto, marked Exhibit A and incorporated herein and made a part thereof by this reference. II. The Landscape Architect' s services shall consist of the following: A. Construction Document Phase 1 . Preparation of working drawings, specifications and bid documents , including grading and drainage plans , construction plans, construction details , electrical plans and details , irrigation plans and details, and planting plans and details. 2 . Review working drawings with City staff at fifty percent (50%) completion of drawings. • • 4 3. Prepare pre-bid cost estimates. 4 . Provide the City with original reproducible tracings and Contract Documents for printing, bidding and construction purposes. B. Bidding, Review and Observation of Construction Phase 1 . Assist the City in obtaining competitive bids. 2 . Attend pre-construction meeting. 3. Review and approve shop drawings and other sub- mittals by the contractors . 4. Make periodic visits to the site (approximately once per week) to review progress and quality of the work to determine in general if the work is proceeding in accordance with the Construction Documents . 5 . Attend preliminary and final inspection meetings . 6 . Prepare "as-built" drawings. III . Payments to the Landscape Architect on account of the fee "shall be as—follows : A. The fee shall be paid monthly in proportion to the amount of work completed. IV. The City shall: A. Provide all information as to its requirements for the project. B. Designate, when necessary, representatives authorized to act on its behalf. The City shall observe the procedure of issuing orders to contractors only through the Landscape Architect. C. Upon the written request of the Landscape Architect, the City shall, so far as the work under this Agreement be required, at its own expense, furnish the Landscape Architect with the following information: - 2 - 1 . Certified survey of the site , giving, as required, grades and lines of streets, alleys, pavements , a and adjoining property; rights-of-ways , restrictions, easements, encroachments, zoning, deed restrictions , boundaries, and contours of the building site; locations , dimensions , and complete data pertaining to existing buildings, other improvements and trees, full information as to available service and utility lines, both public and private, and test borings and pits necessary for determining subsoil conditions . D. Any soil test reasonably required by the Landscape Architect. E. If the City observes or otherwise becomes aware of any defect in the project, the City shall advise the Landscape Architect. V. The term of this Contract and of the employment of the Landscape Architect shall commence on the date of the execution of this Contract and continue at the pleasure of the City and until notice of discontinuance and termination of said Contract and employ- ment is given in writing by the City to the Landscape Architect and in the absence of such notice to continue until completion of said work; such notice to be sufficient and complete when the same is deposited in the United States mail, postage prepaid, addressed to the Landscape Architect at the following address : 225 Miller Avenue Mill Valley, CA 94941 In the event of such termination, the City shall pay to the Landscape Architect as full payment for all services performed and all expense incurred in connection with the work heretofore des- cribed in this Agreement. There shall be deducted from such - 3 - • amount, however, all payments theretofore made by the City under this Agreement to the Landscape Architect. In ascertaining the services actually rendered hereunder up to date of termination of this Agreement, consideration shall be given to both complete work and work in progress of completion and to complete any in- complete drawings and other documents whether delivered to the City or in the possession of the Landscape Architect. If upon payment of the amount required to be paid under this Article following the termination of this Agreement, the City should determine to complete the original project of substantially the same project, the City, for such purpose, shall give the privilege of utilizing any drawings, specifications , estimates and other Contract Documents prepared under this Agreement by the Landscape Architect, who shall make them available to the City upon request without additional compensation. VI. It is further mutually understood and agreed by and between the parties hereto that the Landscape Architect is skilledin the. professional calling necessary to perform the work agreed to be done by them under this Contract, and that the City, not being skilled in such matters, relies upon the skill of the Landscape Architect to do and perform their work in the most skillful manner and the Landscape Architect agrees to thus perform their work and the acceptance of their work by the City shall not operate as a release of said Landscape Architect for said Agreement. VII. Whenever the context herein so requires the singular includes the plural. - 4 - IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF CUPERTINO ROYSTON HANAMOTO ALLEY & ABEY iF By o. 'It ti • .or BY / d'I I /� •: _ ,or n -cal ATTEST: APPR• :D AS TO FORM: 64Utit 0 64-I Z 7-� Cit Clerk City Attorne6y b9 • - 5 - EXHIBIT A SCHEDULE OF FEES A. Construction Documents , including all Alternate Bid Items : Construction Costs Percentage Fee $ 50 ,000 - $165, 000 8. 0% 166 , 000 - 275 , 000 7 . 5% 276 , 000 - and over 7 . 0% B. Bidding, Review and Observation of Construction: Construction Costs Percentage Fee $ 50 , 000 - $165 ,000 3 . 0% 166 , 000 - 275 , 000 2.5% 276 ,000 - and over 2. 0% These fees for services include one (1) public meeting with the Park and Recreation Commission and City Council. Additional services and additional public meetings will be based on hourly rates in accordance with the following schedule : Principals' Time: $80 . 00 per hour Associates ' Time: 50 . 00 per hour Assistants ' Time: 40. 00 per hour Technical Staff: 30 . 00 per hour Reimbursable expense for automobile travel during the period of billing, and review and observation of construction will be at $ . 201 per mile. • • • •Cita of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408)252-4505 0FFICE OF THE CITY CLERK • • • March 23, 1987 Collishaw Corporation 1515 Walsh Avenue • Santa Clara, CA 95050 CONTRACT FOR PUBLIC WORKS — HOOVER PARK, PROJECT 1004 Weare enclosing to you for your files one (1) copy of the Contract for Public Works between the City of Cupertino and Collishaw, which has been fully executed by City Officials. Enclosed please find your bid bond. Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO • • DC/so encl. cc: Department of Public Works • • • CONTRACT FOR PUBLIC WORKS • CONTRACT made on . March 9, 1987 by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and COLLISHAW CORPORATION ,hereinafter called the CONTRACTOR. • IT IS HEREBY AGREED by the parties as follows : 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents : A. Plans and Specifications for HOOVER PARK, PROJECT 1004 B. Faithful Performance Bond, Labor and Materials Bond, Insurance Certificate C. This Contract • D. Bid Proposal referred to as Exhibit A Any and all obligations of the CITY and the CONTRACTOR 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. 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. The Contractor agrees to furnish all of the tools, N equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of as called for, and in the manner designated in , and in strict conformity with, the Plans and Specifications prepared by : Mr . Bert J . Viskovich, Director of Public Works and adopted by the City, which Plans and Specifications are entitled, respectively, HOOVER PARK • PROJECT 1004 • • Page 1 • • 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 material shall be furnished, and that said work shall be performed and completed 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 representative for the purpose of this Contract: Mr . Bert J . Viskovich, Director of Public Works . 3 . CONTRACT PRICE. The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of : BASE BID + ALTERNATES 1, 2, & 3 ONE HUNDRED TWENTY-FOUR THOUSAND THREE HUNDRED DOLLARS ($124,300.00) subject to additions and 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 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 accordance with the agreement of 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. 5. PERMITS, 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 preservation of the public health and safety. - 6 . INSPECTION BY THE CITY. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the 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 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 uncovered for examination at the Contractor' s expense. • 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any time during the progress of the work require any alterations, • • Page 2 • deviations, additions or omissions from the Specification 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 from, 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 sum shall be valid unless so ordered. 8 . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The 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 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 agreement of the parties, or in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract _may be terminated, amended or modified, with the mutual consent of the parties . The compensation payable, if any, for such termination, amendmentor modifications, shall be determined either by reference to the unit price, if applicable, or in accordance with the ag'reement of the parties, or •in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed! NINETY (90) CALENDAR DAYS FROM DATE OF NOTICE TO PROCEED. 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 strikes, 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 Documents. Page 3 • 11. INSPECTION AND TESTING •OF MATERIALS. The Contractor shall notify the City a sufficient time in advance 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 bankrupt, 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 shall, 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 over and perform the Contract, or does not commence performance thereof within thirty days from the date of 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 cost occasioned by the City thereby, and in such event the 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 the Contractor as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to the amount which the City may retain under Paragraph 21 of this Contract until the final „ completion 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 or amounts to claimsply insuch withheld its discretion. Intso doing, the Citythe shallmebe 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 performance of the Contract, Contractor will be entitled to substitute securities 'as provided in Section 4590 of the California Government Code as more fully described in the City's Notice to Contractors. • Page 4 • • 14. NOTICE AND SERVICE THEREOF. 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 whatsoever unless served in the following manners (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 prepaid and certified; (b) if the notice is given to the Contractor, either by personal delivery thereof to the Contractor, or to his duly 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: 1515 WALSH AVENUE SANTA CLARA, CA 95050 postage 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 person last communicated by him 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, may be assigned by the Contractor without the prior written approval of the City. 16. COMPLIANCE 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 must be met by Contractor, unless tie 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. CONTRACT 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 shall 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, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for performing 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 attorney's fee to be fixed by the court in case suit is brought upon the bond. • Page 5 • 18. INSURANCE. The Contractor shall not commence 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 so 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 Paragraph 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 LIABILITY INSURANCE. The Contractor shall take :ut and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of his employees employed at the site of the project and,in case any work is sublet, 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 provisions of the Code, and I will comply with such provisions before commencing the performance of the • work of this contract."' (b) LIABILITY 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 commonly known as the "X, C, and U" exclusions (having to do ' with blasting, collapse, and underground property damage) , which may arise from Contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: • ___Bodily Injury Liability Insurance in an amount not less than $300,000.00 1for injuries, including accidental death, to any one person,—and subject__to_ _thesame limit for each person, in an amount not less than $500,000.00_ ' on account of one accident, and • Page 6 • • • Property Damage Liability Insurance in an amount not less than $200,000 .00 . The City and its officers and employees, shall be whichcies of isurance, additional ninsureds eany such shallalsocontainaprovisionthattheiinsurancenafforded 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 . HOLD HARMLESS. 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 OP WORK. Eight hours of labor during any one calendar day and forty hours of labor during any one calendar week 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 contractors 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 hours per day at not less than one and one-half times 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. • • Page 7 • • The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each calendar jay and each calendar week by all laborers, workmen., and mechanics CConntract, whichlayed by iconnection the work recbrd . shallbe open atallreasonabla ehoursytotthe inspection of the City of its officers or agents and to the Division of Labor Law 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 part hereof. Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor under him may base any claim against the .City. 1776. (a) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, 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 employee 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 inspection 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 • subdidision (a) shall be made available for inspection or • furnished the contract, the uDivision ofpLabor tStandards theative of body Band 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, howeveeitherr,theatbody rawardinguest bythethe contract,ublic shall thee Divisionthrough f • Apptenticeship Standards, or the Division of Labor Standards Enforcement, The public shall not be given access to such • tecorda at the principal office of the Contractor. • (c) Each Contractor shall file a certified copy of the records . enumerated in subdivision (a) with the entity that • requested such records within ten (10) days after receipt of a written request. • • Page 8 • (d) Any copy of records. 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 individual'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 period, 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 compliance is effectuated. 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 Practices Act of 1977, (Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. ) governing the release of such records,, including the establishment of reasonable fees to be charged for 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 apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered. • Page 9 • Only apprentices, 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 state 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 a 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 submit 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 committee 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 trade, 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 l-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. • • Page 10 • "Apprenticeable craft or trade, " as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion 'to grant a certificate, which shall be subject to the approval of the Administrator 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 mets (a) In the, event unemployment for the previous three month period in such area exceeds an average of 15 percent, or • area )exceeds ha ratio ofthe l-to---5r or af apprentices in training in such (c) LE there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually throu(2ghpprenti localebasis, training, either (1) on a statewide basis, (d) If assignment of an apprentice to any work performed under a public works contract would create 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 • When such exemptions 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 an subcontractor under him, who, in performing any of the work, under th"e .Contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a innany.rsuch dcrafts to aoritraderintheareaof the site of and conduct apprenticeship thepubrim work, to which fund or funds other contractors in the area ofblic the lite 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 basil and in the same manner as the other contractors do, but where the trust fund administrators • are unable to accept such funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The contractoror subcontractor may add the amount of such contributions in computing his bid for the contract. The Division of L'abot Standards Enforcement is authorized to enforce the payment ofedcy?Contributions to the fund or funds as set forth in Section 227. '' Page 11 ' 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) 1777.6 It shall be unlawful for an employer of a labor union to refuse to accept otherwise qualified employees aa registered apprentices on any public works, on the ground of the race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee. (Amended by • Stat. 1976, Ch. 1179) 1777.7 (a) In the event a contractor willfully fails to comply with the provisions of Section 1777.5, such contractor shall: (1) Be denied the right to bid on any public works contract for a period of one year from the date the determination of noncompliance is made by the Administrator of Apprenticeship; and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50 .000p) for each calendar day of noncompliance. NothWithstanding the determinationonthe ofSection 7� awardingbodyshalln withhold from progress payments then due or to become due such sum. (b) Any ' such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable .notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. _ (c) Any ' funds withheld by the awarding body pursuant to this Section Shall be deposited in the general fund if the awarding body is a state entity, or in the equivalent fund of an awarding body if such awarding body is an entity other than the state. • The interpretation and enforcement of Sections 1777.5 and 1777.7 shall be ' in accordance with the rules and procedures of the California Apprenticeship Council. (Amended by Stats. 1978, Ch. 1249) • • • It shall be mandatory upon the Contractor, and upon any .subcontractor under him, to pay not less than the said specified rates to all laborers, workmen, and mechanics employed in the execution of the Contract, it is further expressly stipulated that the. Contractor shall, as a penalty to the City, forfeit twenty-five . :. dollatd 1$25.00) for each calendar day, or portion thereof, for '• dflchlaboteri workman, or mechanic paid less than the stipulated t;ptflUKiling rates for any work done under this Contract by him or by 'i aHy tiubbontractor tinder work done under this contract by him or by -; flNy • Subcontractor under him/ and contractor agrees to comply with " all provisions of Section 1775 of the Labor code. • • Page 12 In case it becomes necessary for the Contractor or any subcontractor to employ on the project under this contract, any • person in a trade or , occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specified, the Contractor shall immediately notify the City, who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish the Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. ' 22. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed . Machinery, equipment, and other hazards shall be guardedor eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California. 23. PAYMENT. Not later than the first Tuesday of each calendar month, the City will make partial payment to the Contractor on the basis of a duly certified approval estimate of the work performed and materials incorporated in the project, during' the preceding calendar month, by the Contractor, but the City will retain ten percent (10%) of the amount of each of said estimates until the expiration of thirty-five (35) days from the date of recording by the City of notice of acceptance of completion of all work covered by this Contract, ifsuch notice be recorded within ten days after the acceptance of completion of such Contract as evidenced by resolution of its governing body; or, if such notice be not so recorded within ten days, until the expiration of ninety-five ( 95) days after the acceptance of completion of such work of improvement as evidenced by resolution of its governing body, at which time and not .before, the City shall pay to the Contractor the whole of the remaining ten percent (10%) of said contract price so held back as provided; said certificates to be furnished by and obtained from the City's representative shall, before the last Tuesday of each . month, deliver said certificates under hand to the City, or in lieu of such certificates, shall deliver to the Contractor, in writing, under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the Contractor to the certificate of ' completion. In event of the failure of the City's representative to furnish and deliver said certificates or any of them or in lieu • • Page 13 thereof, the writing aforesaid, within ten (10) days after the times aforesaid, and after written demand has been made upon him for the same, the Contractor may file demand with the City, and, in event said certificates are not furnished within ten (10) days thereafter, the same shall become due and payable. In case the City's representative delivers the writing aforesaid, in lieu of the certificates, then a compliance by the Contractor with the 'requirements of said writing shall entitle the Contractor to the certificates. The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such ' payments, but the entire work is to be subjected to the inspection and approval of the City, and subject to whatever inspection and approval may be required by law. 24. PROTECTION OF PUBLIC UTILITIES. The City shall be responsible as between the parties to this Contract only, for the removal, relocation, or protection of existing public utilities, if any, located on the site of construction, but only if such public utilities( are not identified by the City in the Plans and Specifications made a part of the invitation for bids. The City shall compensate the Contractor for costs incurred in relocating or repairing: damage to utility facilities not indicated in the Plans and Specifications, other than service laterals when the presence of such utilities on the construction site can be inferred from the presence of such visible facilities as buildings, and meters and junction ' boxes on, or adjacent to, the construction site. The Contractor shall not be assessed liquidated damages for delay ' in completion of the Contract project, as provided in Paragraph 27 below, when such delay is caused by the failure of the City, or other public utility, to provide for the removal or relocation of the existing utility facilities. If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract Plans and Specifications, the service laterals as hereinabove described, he shall immediately notify the City in writing,. 25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor shall not be responsible for the cost of repairing or restoring damage to the work caused by an Act of God. NEVERTHELESS, the Contractor shall, if the insurance premium is a separate bid item, - obtain the insurance to indemnify the City for any damage to the work caused by an Act of God. "Acts of God" shall include only the followingloccurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been procltaimed a disaster or state of emergency by the Governor of the State of California or by the President of the United States, ' 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, the 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, Page 14 • on, or about the same during its construction and before acceptance. 26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guarantees the first-class quality of all workmanship and of all materials, apparatus, and equipment used or installed by him or by any subcontractor of supplier 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 the Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by the Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to the City within one (1) year of the -date of acceptance of completion of this Contract by the City, the Contractor will forthwith remedy such defects without coat to the City. 27. LIQUIDATED DAMAGES. Time shall be of the essence of this Contract. If the Contractor fails to complete, within the time fixed for such completion, the work hereinbefore mentioned and described and hereby contracted to be done and performed, he shall become liable to the City for liquidated damages in the sum of ONE HUNDRED FIFTY AND NO DOLLARS ($150.00) for each and every working day during which said work shall remain uncompleted beyond such time for completion or unlawful extension thereof, which sum shall be presumed to be the amount of damage thereby sustained by the City since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by the City from moneys due the Contractor hereunder, or his assigns and successors at the time of completion, and his sureties shall be liable to the City any excess. 728. ADDITIONAL PROVISIONS. None Page 15 1 CORPORATE ACKNOWLEDGMENT NO.202 O.Yl /J !/I/l1.Bl-/!/JIIJIIIIIl../Illp!!007.0/./' ././1 f State of l M On this the ro day of�Yj It 19 0�before me, ti / I SS. ` / U County of tta. �� the undersigned NotaryppPublic,personally appeared ti iA A personally known to me ti O proved to me on the basis of satisfactory evidence ti 1 Wein mnanmmmmccne:nmm�nmmn:] F . OFFICIAL SEAL S to 4e the pers (s)who executed the within instrument as ti e BETTY COTE "'i'�— � 0 or on behalf of the corporation therein \ NOTARY PUBLIC — CALIFORNIA - named,and acknowledged to me that the corporation executed it. ti 1 y COUNTP Oi SANTA CORA s WITNESS myhand and official seal. S c ti p Comm. Exp. July 29, 1988 nal— ///yyy `N OlSemmlumgnee:nSBe]YImInSSSSnS1Bln{SLmef9UU Q'\ Q// / 11 Notary's Signature /S /'�" 1����rrvrr ��� \\\1 1 3 • • • • P.O. No. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. • • CITY OF CUPERTINO Approved as to form I �• Mayor Ak /111415klo , City Attorney City Clerk #tAf GCS-g.ag-L • Date/City Clerks • CONTRACTOR: COLLISHAW CORPORATION • • By: a Notary acknowledgment required. MIK' Cs LISHAW — VICE PRESIDENT 'If a corporation, corporate seal - • and corporate notary acknowledgment required. • Project. Name and Numbers. HOOVER PARK, PROJECT 1004 . • Contractors Names COLLISHAW CORPORATION Contract Amount: ONE HUNDRED TWENTY-FOUR THOUSAND THREE- HUNDRED DOLLARS ($124,300.00) . ', Contract;. Account Number:• 120-1004-953 • - • • j u • Page 16 • COLLISHAW CORPORATION HOOVER PARK • • PROJECT 1004 • A. BID DOCUMENTS, continued EXHIBIT "A" BID PROPOSAL BID PROPOSAL City of Cupertino State of California - The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the locale of the proposed work, the proposed form of contract; and he proposes and agrees if this proposal is accepted that he will contract with the City of Cupertino, in the form, the Standard Form of Agreement between Owner and Contractor, A.I.A. Document A101 , latest edition, for Stipulated Sum Contracts, to provide all necessary machinery, tools, apparatus and other means of con- struction, and to do all the work and furnish all materials specified in the Contract, and do all work required to complete said work on or before 90 calendar days, in accordance with said Plans, Specifications, and Special Conditions, and according to the requirements of the City Engineer as therein set forth, and that he will take in full payment therefore, in- cluding all applicable State and Federal Taxes, the following prices to wit: • BASE BID PROPOSAL A. BASE BID the Base bid shall include all labor, materials and equipment to com; plete the work requirements described in the Contract Documents, Specifications and Drawings. Lump Sum O0--HvXIDRf_ fWt7NDUSlM) fi HU0324 /0S S9O- (Written in Words) tY\ B. ADD ALTERNATES The add alternates shall include all labor, materials and equipment to complete the work requirements described in the Contract Documents, Specifications and Drawings listed as an alternate item. A-3 • • A. BID DOCUMENTS, continued ALTERNATE NO. 1 - PLANTING Remove weeds and add all tree and shrub planting as shown on Sheet L-3 and as specified for the Lump Sum of: cc, Sauguld771 S' A & £i644r NU ($ 750-0 . ) "rrtten in "oris ALTERNATE NO. 2 - IRRIGATION • Add irrigation sprinkler heads and lateral lines as shown on Sheet L-4 and as specified for the Lump Sum of: coo FOUR_ THouSIWO .7114 ret HUvUo,e cJ (5 g30O. — ) (Written in Words) ALTERNATE NO. 3 - BASKETBALL COURT AREA Add Paving, Backstop, Grading, Turf and Irrigation as shown in Drawings and as specified for the Lump Sum of: Crc Sir PUNS,ly s u i1uw°13¢ iA 4 cdo ($ ) Written in Words) ALTERNATE NO. 4 - CONCRETE SEAT WALLS Add concrete seat wall , Detail 7, L-2 and concrete seat wall with alphabet - and numbers, Detail 3, L-2, as shown on thedrawings for the Lump Sum of: rettetlFwv 711ossevtiCi £i 641r Htivot /J f ($ /1, 80o_ — ) (Written in Words) METHOD OF AWARD The Construction Contract, if awarded, will be awarded on the total amount of work to be done under Base Bid, or on the total of any combination of the Base Bid and Add Alternates. A-4 • 410 • A. BID DOCUMENTS, continued. Name of Proposed Sub-Contractor, if any (Section 4104 Government Code) 1. 4m - mix • 2. 6; fa( E TMC Co 3- Doi Aim (So cgs 4. 5. 6. Address of Shop or Office of Sub-Contractor (Section 4104 Government Code) 1 • K 3-frrgSGYI/ AVE-- , SRu1 TC&F— 2. D COI. /M) K 1 . Set inj i OSfL 3. /4?a 49,Aol ei4a RQ . 1 I7Iothvlvt,uu UI RiaJJ 5. 6. L.,..Y 7 • Work to be -performed _by Sub-Contractor (Section 4104 Government Code) 1. 6RAORNG — PAUlv-96r 2. l eo--R164L 3. COIUGREItE 4. 5. 6. - • A-5 A. BID DOCUMENTS, continued • BIDDER OUALIFICATION FORM • In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifica— tions as a part of this proposal, and the truthfulness and accuracy of the information is hereby guarantedd. (1) _ How many years has your organization been in .business under its present name? as yes (2) How many years' experience in work comparable with that required under the proposed contract has your organization had by this or any other name? 30 yff-432S • (3) Contractor's License No. , State of California, Classification e- (4) List work similar in character co that required in the proposed contract which your organization or personnel in your organization has completed within the past three years. Year Class. Location of Work and for Whom Performed Contract Amount 86 srn a - CroIF dots R. , c a941AL � /12c ro-01 8G Lis Rwip Pnk C� ((try) yoo, o-uo , 8S fibs Pig-RK S 3-bs (eir)) AodQo_ — • • • A-6 • -%: A. BID DOCUMENTS, continued Name of Proposed Sub-Contractor, if any (Section 4104 Government Code) 1. 2. 3. 4. 5. 6. • • Address of Shop or Office of- Sub-Contractor (Section 4104 Government Code) • 1. 2. 3. • 4. 5: 6. • Work to be performed by Sub-Contractor (Section 4104 Government Code) 1. 2. 3. 4. 5. 6.` A-7 y 7 A. BID DOCUMENTS, continued • IF YOU ARE AN INDIVIDUAL. SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND LIST:THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIR`1. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND :MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. TYPE OF BUSINESS: Individual • Co-Partnership Corporation , . • Joint Venture Ocher (describe) • • NAME AND SIGNATURE OF BIDDER: £c//iSK.v'pw C RPbifl Rty 64Sy41A-) ?ems • ' VDSWA.41szw , U. Pitt--c . l SI•S t,J✓ -S7l 4Jv6 Address „ Date Sevu 13 °r 8') . -. Sim'C C09e�. Gfi_ 9saSZD O/3 87 Addenda Received: © 2 3 4 S • A-8 SET TAB STOPS AT'ARROWS .Of . CERTIFICATE OF INSURANCE ISSUE DATE(MM/DDNY) 03/03/87 `rPRODUCER • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 1� NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, DORSEY, HAZELTINE & WYNNE - EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. • P ALTO,OX COMPANIES AFFORDING COVERAGE PALO 94303 CA COMPANY A • LETTER UNITED PACIFIC COMPANY B . TE INSURED LETR COLLISHAW CORPORATION CLEMTER Y C 1515 WALSH AVE. COMPANY SANTA CLARA, CA 95050 LETTER D COMPANY E LETTER COVERAGES ' THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO POLICY EFFECTNE POUCY DFIRADON LABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POUCY NUMBER DATE(MMIDDN/) DATE DAWOONYI EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY n COMPREHENSIVE FORM INJURY $ $ © PREMISES/OPERATIONS PROPERTY ® UNDERGROUND DAMAGE $ $ EXPLOSION&COLLAPSE HAZARD © PRODUCTS/COMPLETED OPERATIONS © CONTRACTUAL COMBINED $ 1,000 $1,000 © INDEPENDENT CONTRACTORS UP0656342 1/1/87 1/1/88 n BROAD FORM PROPERTY DAMAGE n PERSONAL INJURY PERSONAL INJURY $1,000 AUTOMOBILE LIABILITYI BODILY © ANY AUTO tRx- -: $ ElALL OWNED AUTOS(PRIV.PASS.) UP0656342 1/1/87 1/1/88 HAIRY ■ ALL OWNED AUTOS/OPTRHNEflFASS. RIB=FM $ © HIRED AUTOS 1 PROPERTY mo BOOIL © NON-OWNED AUTOS DAMAGE $ BI&PD ■ GARAGE LIABILITY ■ COMBINED $1 000EX LITY 1RM �CE5 UMBRELLA OTHER THAN UMBRELLA FORM COMBED $ $ WORKERS'COMPENSATION I AND EMPLOYERS'LABILITY STATUTORY CC0396802-00 1/1/87 1/1/88 I $1 OOO(EACH ACCIDENT) $1 000 (DISEASE-POLICY LIMIT) $1 000 (DISEASE-EACH EMPLOYEE) I OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ALL OPERATIONS OF NAMED INSURED AS COVERED BY POLICY AND ALL ENDORSEMENTS THERETO AS RESPECTS HOOVER PARK - PROJECT #1004 _ 11 CONTRACT PRICE 124_300. CER `IC�Alt-! 1d°�rT""-''' e`ux-b,''—' a 4�° `awn °".=CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- CITY OF CUPERTINO PIRAT121 N- DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 10300 TORRE AVE CUPERTINO, CA /�a�%�' '-'--E IrliMilifi ACORD 25(8/84) Mei " kr O IIR%ACdRD CORPORATION 1984 GL 20 09 cal„. (Ed. 01 73) • I • This endorsement forms a part of the policy to which attached,effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective 3/3/86 Policy No. UP0566342 Endorsement No. Named Insured COLLISHAW CORPORATION } L Additional Premium$ TBD Countersign/r , .awri2x _ ,• -'•. 1Authfized Represents e L1ORSEY HAZELTINE&WYNNE INSURANCE This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE ADDITIONAL INSURED (Owners or Contractors) Schedule 1 Name of Person or Organization (Additional Insured) Location of Covered Operations CITY OF CUPERTINO, ITS OFFICERS, AGENTS HOOVER PARK, PROJECT 1004 & EMPLOYEES Premium Bases Rates Advance Premium Bodily Injury Liability Cost 124,300. $100 of cost $ TBD Property Damage Liability Cost 124,300. $100 of cost $ TBD Total Advance Premium $ TBD It is agreed that: 1. The "Persons Insured" provision is amended to include as an insured the person or organization named above(hereinafter called"additional insured"), but only with respect to liability arising out of (1) operations performed for the additional insured by the named insured at the location designated above or(2)acts or omissions of the additional insured in connection with his general supervision of such operations. 2. None of the exclusions of the policy,except exclusions(a),(c),(f),(g),(i),(j)and(m),apply to this insurance. 3. Additional Exclusions This insurance does not apply: (a) to bodily injury or property damage occurring after (1) all work on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or (2) that portion of the named insured's work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (b) to bodily injury or property damage arising out of any act or omission of the additional insured or any of his employees,other than general super- vision of work performed for the additional insured by the named insured; (c) to property damage to (1) property owned or occupied by or rented to the additional insured, (2) property used by the additional insured, (3) property in the care, custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical control,or (4) work performed for the additional insured by the named insured. 4. Additional Definition When used in reference to this insurance,"work"includes materials,parts and equipment furnished in connection therewith. 5 . Other Insurance - Subject to all other terms and provision of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respects to work performed by or for the Named Insured in connection with the above described contract and that such other insurance of the additional named insured shall be excess insurance only. GL 20 09 01 73 CORPORATE ACKNOWLEDGMENT NO.202 (ef.sr rr . r -.C1 tiState of / ^ On this the �7) day of .-�-lits! 1912 before me, o } SS. o % County of 14N Legt , oo o the underssiiig^ned_NNottary Public, personally appeared o 2e- 0.44-e-act-ilatir, ) o us impersonally known to me 1 OFFICIAL SEAL a 0 proved to me on the basis of satisfactory evidence o. 9 .411A\ NOTARY —BETTY COTE to be theperson who executed the within instrument as PUILIC CALIFORNIA el iif�.Ot , or on behalf of the corporation therein 9 M� COUNTY OF SANTA CARA� comm. Exp. July 29. I9ae named,and acknowledged to me that the corporation executed it. a WITNESS my hand and official seal. iSe 0_12 rc I Notary's Signature o S ...�....... ....�..... ...........�....._..........__...._e... vn u...snq.wmnUnA Mills.CA 91384 a ;CORPORATION II! f. • ' STATE OF CALIFORNIA . COUNTY OF CONTRA COSTA }ss. On FEB 2 0 1987 ,before me,the undersigned,a Notary Publicin and for said State, z ALBERT E. HART W personally appeared , CC personally known to me (or proved to me on the basis of satisfactory W evidence)to be the person who executed the within instrument as Attorney- s p., in-Fact on behalf of Indemnity Company of California, the corporation f therein named,and acknowledged to me that the corporation executed it. N. i , OFFICIAL SEAL y rn WITNESS my hjn' and official seal. r SUZANNE JOSLYN < gnA Y.t5,' NOTARY PUBLIC CALIFORNIA I CONTRA COSTA COUNTY I , ' , My commission enures Feb.26,ISSO I., Signature \. AAA. LP 4� Is...--.1 a..1 .. �•�u_ )' P5- I ICC 304(REV. las) This area for Official Notarial Seal BOND NO. 940668P PREMIUM: $2,486.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, COLLISHAW CORPORATION as Principal and TNDFMNTTY COMPANY OF CALTFORflTA as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of ONE HUNDRED TWENTY-FOUR THOUSAND THREE HUNDRED AND NO/100 ---Dollars ($ 124.300.00 ) lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, .executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, WHEREAS, the Principal has entered into a contract dated with the Obligee to do and perform the following work to-wit: HOOVER PARK PROJECT 1004 NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 20th day of FEBRUARY , 19 87 . (To be signed by Principal - and Surety and acknowledgment.) COLD aZATION Pri ip- INDEMNITY COMPANY OF CALIFORNIA Surety ,fin By: S[ 4 `�0 Attorney-in-Fact ALBERT E. HART The above bond is accepted and approved this day of , 19_ • • BOND NO. 940668P PREMIUM: INCLUDED- IN CHARGE LABOR AND MATERIAL BOND FOR PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and COLLISHAW CORPORATION hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and incorporated herein by reference. WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and INDEMNITY COMPANY OF CALIFORNIA as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, • provisions, provender or other supplies used in, upon, for or abut the perfor- mance of the aforesaid work contracted to be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who .perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of ONE HUNDRED TWENTY-FOUR THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($ 124,300.00 ) . THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to- such work or labor, or any and all damages arising under the original contract, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in • any suit brought upon this bond. CORPORATE ACKNOWLEDGMENT NO.202 .A+......?r rirer-rrr rr ..-,- .cr r rr _ r .i .rr rr rr rr + ` 1 / State of L On this the a day of 19,7 before me, i I. SS. /y • in County of few . ( .& l 1 the undersigned Notary Public,personally appeared Y. personally known to me OFFICIAL SEAL 0 proved to me on the basis of satisfactory evidence X ` , a •• BETTY COTE to beth//e peLson(s) ho executed the within instrument as ti t. �P NOTARY PUBLIC — CALIFORNIA t"j eA. /LP, or on behalf of the corporation therein \ 1, COUNTY OF SANTA CLARA s named,and acknowledged to me that the corporation executed it. ti 1 a• Comm. Exp. July 29, 19239 WITNESS my hand and official seal. _� o Notary's Signature ti f CORPORATION 'E 1 I; i STATE OF CALIFORNIA COUNTY CONTRA COSTA ss. DE On r LB 2 0 1987 ,before me,the undersigned,a Notary Public in and for said State, ALBERT E. HART 0: m personally appeared S personally known to me (or proved to me on the basis of satisfactory Lai evidence)to be the person who executed the within instrument as Attorney- s W in-Fact on behalf of Indemnity Company of California, the corporation < therein named,and acknowledged to me that the corporation executed it. A'% F I; OFFICIAL SEAL H WITNESS my d and official seal. �..�,. SUZANNE JOSLYN ll :Ite rl NOTARY PUBLIC-CALIFORNIA ••'- wys CONTRA COSTA COUNTY j`j My commission expires Feb.26.1990 signature a - , y ..te t_air/ ` �IL ` ICC 304(REV.2185) I This area for Official Notarial Seal a • . Labor and Material Bond - Page 2 • And the said Surety, for value received, hereby stipulates. and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications. IN WITNESS WHEREOF,• this instrument has been duly executed by the Principal and Surety this 20th day of FEBRUARY , 19 87 . COLLI /0 0 ATION (To be signed by Principal Prin ip and Surety. Notary acknowledgments required.) INDEMNITY COMPANY OF CALIFORNIA Surety 8y: .RL6 Attorney-in-Fact • ALBERT E. HART The above. bond is accepted and approved this day of • , 19 • r 6/17/85 'POWER OF ATTORNEY OF N2 012'46 2 -, C INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS'INSURANCE COMPANY P:0.'B0X 3343,ANAHEIM,CALIF.92803 • (714)999-1471 e NOTICE: 1..AII'.power and authority herein granted shale in any event terminate on the 31st day of December,1987. 2. This Power of Attorney is void if altered or if any.portion'is erased. 3. This Power of Attorney is void unless the seal is readable;the text is In brown ink;the signatures are in blue ink and this notice is in red ink. 4. This Power of:Attorneyshouid not be.returnedto'the Attorneys)-1n-Fact,but should remaina permanent part ofthe obilgee's,records. KNOW ALL,MEN BY THESE PRESENTS,that,except as expressly limited;.INDEMNITY:COMPANY OF CALIFORNIA'and DEVELOPERS INSURANCE'COMPANY,do each severally,butmot Jointly;hereby make,constitute andappoint ALBERT E. HART' the true and lawful Attorney(s)-in-Fact,to make,exeoute,deliver andracknoyiledge,for andon+behaif of each of sald corporations es sureties,bonds„undertakings and contracts of suretyship In an amount not exceeding$1E00,000 000';many single undertaking;giving andgranting unto said Attorneys) In-Fact fulr power and authority to:de and toperform every act necessary,requisite or proper to be done in connection therewith as each of said'corpprationscould do,,but reserving to each of said'corporations fullpowerof substituticnand revoca- tion; and all of the acts of said Attorneys)-In-Fact;pursuant tothese presents,are hereby ratified and confirmed. The authority andpowers conferred by this Power'ofAttorney.dd'not eztend'to:any of thafcllowing'bonds,undertakings or,contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial Institutions,Lease' .bonds,insurance Company qualifying bonds;self-msurer's.bonds,fidelity'bonds orbail lbonds. This Power of Attorney Isgranted'and:is signed.byfacsimlle under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY' OF:CALIFORNIA'and DEVELOPERS'INSURANCECOMPANY,.effective as'of September 24,1986: RESOLVED,thatthe Chairman of the Board,the,President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,. quelitying the attorneys)named In:thePowers of Attorneyto executes on behalf otitis corporation,bonds;undertakings and contractsof suretyship;and that thaSecretary:or any Assis- tant Secretary ssis-tantSecretary oldie corporation be,and each of them/hereby is,authorized tb attest the execution of any,such Power of,Attorney; RESOLVED,FURTHER,that the signatures ofsuchofficers maybe affixed to any such Power of Attorney orto any certificate relating thereto by facsimile;andanysuchPower of Attor- ney or ttor-neyor certificate bearing such faesimile signatures shall be valid and binding upon the corporation when se affixed and In the futurewith respect to any bond,;undertaking or contract of suretyship to whichiifisattached, 'IN WITNESS WHEREOF INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severallycaused:these presents to be signed bythelrrespeo Live Presidents and attested by their'respectiveSecretaries this 20th day of'October,1986. INDEMNITY COMPANY OF CALIFORNIA IDEVELOPERSIINSURANCE COMPANY z By By p � .//[[';; Jerome Sweeney,President - - J Jerome eeney,President . tAPAMY g\NStife y04e0.POrt.o ¢1/4P4ppPOb1\110 i n OCT:S.k. fob ATTEST w PAR.27.�� 0Y. ATTEST mut wet o u> n 1878 2 '. 4,ILTFOP�\,A�* ® O 4L/FOftft�P�a 'Paul E.Griffin Jr. =ecreta �! Paul E.Griffin'.,Secreta STATE'OF'CALIFORNIA)` SS.. COUNTY'OF'ORANGE On October 20;198E before me the undersigned,a Notary Public in and for seld State,personally appeared Jerome J.'Sweeney and PaUI E.Griffin,:Jr.,.personally known to me(or proved to me onthe basis of setisfactoryevidence),to bathe personswho executed the within instrumental Presidentand Secretary on behalf of Indemnity Companyof California and as President and Secretary op,behalf.of'Developers'Insurance Company,the,corporations therein named,and acknowledged'to me that,the corporationsiexectited it WITNESS my hand and official seal. 1'. SEAL VIRGINIA M M tgUMA1I + .signature ( — ! - ---— �' e ' NOTARY PUBLIC CALIFORNIA I Notary Public , ORANGE COUMTY Li MY Cdnlmissleil Expires Mar.13, 1989 I CERTIFICATE , Theundersigned,as Executive Vice Preeldentof INDEMNITY COMPANY OF CALIFORNIA,and Executive Vice President°,DEVELOPERS INSURANCE COMPANY,does hereby certlfythattheforegoing and attached Power of Attorney remains In full force and has notbeenrevoked;andiurthermore,thatthe provisions of the resolutions of the respective eoardsof Directors of said corporations set forth In.the Power.of Attorney,are in force as of the date of this Certificate., 'This'Certlficeteds;executed Lnithe.City of Anaheim,California,.this 20thday of FEBRUARY - 1987: INDEMNITY COMPANY OF CALIFORNIA VF euy 'DEVELOPERS INSURANCE COMPANY s\ -- s _ 04:14 O'boD DT 3. 1,-, BY C,c %�G hd rell Jf r onGalB®A,oro,;i Thomas H ell Jr n a. Y Executive.Vice President $i /rated- Executive Vice President �froeft.,\.. ID 31e nEv-is1 6