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86-174 B & B Landscaping, Landscape Projects, Project No. 87-104
• s 4 1r Citi of Cupertino 10300 Torre Avenue P.O. Box 580 Cupertino, California 95014 Cupertino,California 95015 Telephone: (408) 252-4505 DEPARTMENT OF THE CITY CLERK May 27, 1987 Carol S. Scharz, City Clerk City of Los Altos • 1 North San Antonio Road Los Altos, CA 94022 AGREEMENT - BETWEEN THE CITY OF CUPERTINO AND CITY OF LOS ALTOS - FOOTHILL BOULEVARD LANDSCAPING We are enclosing to you as requested one (1) copy of the Agreement by and between the City of Cupertino and the City of Los Altos for Foothill Boulevard Landscaping, which has been fully executed by City Officials, along with one (1) copy of resolution No. 7179, which was enacted by the City Council of the City of Cupertino at their regular meeting of Monday, May 4, 1987. Sincerely, ) DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works II RESOLUTION NO. 7179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING DCEW ION OF AGREQTHT BETWEEN THE CITY OF CUPERTINO AND THE CITY OF ICS ALMS FOR FOOTHILL BOULEVARD LAND6CAPING WHEREAS, there has been presented to the City Council a cooperative agreement between the City of Cupertino and the City of Los Altos for the cot sharing of the Foothill Boulevard Landscaping Project, which lies within the jurisdiction of both Cupertino and Los Altos; WHEREAS, the terms and conditions as set forth in the aforementioned agreement have been reviewed and 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 Ort, day of May , 1987 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOES: None ABSENT: None ABSTAIN: None • APPROVED: /s/ W. Reed Sparks Mayor, City of Cupertino ATTEST: /s/ Roberta A. Wolfe Deputy City Clerk , N • G AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE CITY OF LOS ALTOS FOR THE FOOTHILL BOULEVARD LANDSCAPING • THIS AGREEMENT, made and entered into this 28th day of April , 1987 , by and between the City of Cupertino, a Municipal Corporation of the State of California, ( "CUPERTINO" ) , and the City of Los Altos , a Municipal Corporation of the State of California ( "Los Altos" ) ; WITNESSETH : WHEREAS, the public interest requires the improvement of Foothill Boulevard at Cupertino' s western city limits , which improvement consists of constructing landscaped medians , storm drains, curbs and associated work required with landscaping work, all of which said improvements shall be hereinafter referred to as the "Foothill Boulevard Landscaping Project" ; and WHEREAS, the aforementioned Foothill Boulevard Landscaping Project lies on portions of Foothill Boulevard located within Cupertino and Los Altos and each of said parties has the responsibility for the improvements within their respective city limits; and WHEREAS, it is in the best interests of orderly and economic construction to complete the Foothill Boulevard Landscaping Project through the joint action of Cupertino and Los Altos and under a single construction contract awarded to and administered by Cupertino; NOW, THEREFORE, for and in consideration of their mutual promises , covenants and agreements thereinafter set forth , and subject to the terms , provisions and conditions set forth below, the parties hereto do agree as follows: 1 . Preparation of Plans and Specifications . Cupertino shall prepare and submit to Los Altos for approval, plans and specifications for the improvement of Foothill Boulevard. Upon approval by Los Altos , of the improvements outside of Cupertino, Cupertino shall advertise the Foothill Boulevard Landscaping Project for bid and shall award a contract to be supervised to completion by Cupertino. 2 . Los Altos ' Estimated Share of Cost. Los Altos shall pay to Cupertino within sixty ( 60 ) days of the execution of this agreement forty-five thousand one hundred ninety-nine and twenty-five one hundredths Dollars ($45 ,199 . 25 ) , which is the amount presently . estimated to be Los Altos ' share for the portion of the project lying northerly of Cristo Rey Drive . Los Altos shall pay the exact amount, calculated upon completion of said project, representing Los Altos ' • equitable share of the cost of said project. In no event, without subsequent modification of this Agreement and mutual agreement of the parties hereto, shall Los Altos ' share of the cost of the construction of the Foothill Boulevard Landscaping Project exceed the sum of forty-six thousand Dollars ( $ 46,000 . 00 ) . As used in this Agreement, the term "construction cost" shall mean the total of all costs incurred and expenditures made by Cupertino for bid items as shown on Exhibit "A" attached hereto and incorporated by reference herein, in connection with constructing said Foothill Boulevard Landscaping Project . 3 . Insurance . Cupertino shall require the contractor awarded the contract for said Foothill Boulevard Landscaping Project to secure and maintain in full force and effect at all times during construction of said Foothill Boulevard Landscaping Project and until said Foothill Boulevard Landscaping Project is accepted by Cupertino, a public liability insurance policy or policies satisfactory and acceptable to both Los Altos and Cupertino, insuring Los Altos and Cupertino and their respective officers and employees from and against any claims, loss liability, cost or expense arising out of or in any way connected with the construction of said Foothill Boulevard Landscaping Project . The aforementioned policy shall contain a provision that the insurance afforded thereby to Los Altos and Cupertino and their N. respective officers and employees shall be primary insurance to the full limits of liability of the policy, and that if Los Altos or Cupertino, or their respective officers and employees, have other insurance against the loss covered by such policy, that such other insurance shall be excess insurance only. Witness the execution hereof the day and year above set forth. ATTEST: CITY OF LOS ALTOS A Municipal Corporaation, By ,( _—....air .. — JL4(J fite __ Mayor ( Seal) ATTEST: CITY OF CUPERTINO City Cler-k ' ' A Municipal Corporation By ( "!�2 (r ' GJG��/ Mayor / Approved as to form: —.00rOi.411104[1./_..... City Attorney • Exhibit "A" • LOS ALTOS - FOOTHILL WIDENING • ITEM ESTIMATED QUANTITY UNIT PRICE TOTAL STREET SIGN 1/EA 100/EA 100.00 SIGNAL LIGHT CONDUIT - 3" RIGID STEEL 40/LF 15/LF 600.00 NO. 5 PULL BOX 1/EA 300/EA 300.00 • CURB & GUTTER 45/LF 9/LF 405.00 BIKE SIGNS (DET. D) 2/EA 100/EA 200.00 PCC CURB (MEDIAN) 55/LF 3.40/LF 187.00 PAVEMENT CONFORM, 12" DEEPLIFT 113/SF 2.25/SF 254.25 ISLAND BARRIER 5/LF 5/LF 275.00 $2,321.25 LUMP SUM ITEMS TOTAL .0063 CLEARING & GRUBBING 37, 100 $235 EXCAVATION & SUBGRADE PREDARATION 45,000 CONSTRUCTION SIGN & TRAFFIC CONTROL 15,000 95' $614 2,321:25 . TOTAL LOS ALTOS 367,050 TOTAL W/O LOS ALTOS ITEMS .0063 LANDSCAPING MICHAEL PAINTER $ 3,724 CONTRACT 32,040 PG&E SERVICE 6,500 $42,264 SUMMARY STREET • $ 2,935.25 LANDSCAPING $42,264.00 • $45,199.25 ;oliktitirtit Oti 10 . - - .-1 '‘....7- '. ..1 5 �* SVII °m � 00# ���� . �' `III." , • . 7 \.. .040 s t of: ?II:. .i‘c . . \i. e0 # % a' Te% �. • . /. ,,„,, / - J. 1 oft . ._\_„, \\\0„..1.4e .>�°. ; ,s„ g �> t. .\,, to_ a. los .. r.. .J -. tor. • 0-4 . ..:___...- , ›, ii,l;?‘ 960 i .I • . o ` Vb 44,�4 • ') V - ab 1011111 . 1 0. 0 PAkit ar 110111”- rig" 13n 1 SIV* 44 • k---e4,2107 4111 ii -- (=) OS trao ye i eat s 1647* .' ..ft 0 r) SISt9AS ral lb blirer" i r, 0 - 0 a: ya. * re lows 0 sop, , ;,. .. nottr9::, , . : .44&- 0 ts . slots i ra stet _:;. s401,1 H ��a ■ / ,�� ,4t k o itimp r-- 41i is ■als ►t gktSt im It ' ` "` A Y� 1.� • �. !%der.! • — --- •ch —:- f ;lam1-041. i „ ,ill �..r t 0 %VS OA dale/t p it - • at 90' �:�� aj�\JuCCC�� ap. a d�,,�. a.1 -filazitvar i; N‘tio:" er S r _ • CONTRACT FOR PUBLIC WORKS CONTRACT made on ,'c /"I9‘ by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called the CITY, and B & B LANDSCAPE CONTRACTORS, INC. ,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 LANDSCAPING PROJECTS - PROJECTS 87-105 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, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work of Landscaping Projects - Project 87-105 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, LANDSCAPING PROJECTS - PROJECT 87-105 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 : ($317,550.00) THREE THOUSAND SEVENTEEN HUNDRED FIVE HUNDRED FIFTY AND NO/100 DOLLARS . 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 Specifications or Plans or the Contract Documents, it shall have the right to do so, and the same shall in no way affect or make void the contract, but the cost or value thereof will be added to, or deducted 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, • amendment or modifications, shallbe determined either by reference to the unit price, if applicable, or in accordance with the agreement of the parties, or •in accordance with the rules of the American Arbitration Association if the parties are unable to agree. 10. TIME FOR COMPLETION. All work under this Contract shall be completed: SEVENTY FIVE (75) WORKING DAYS FROM APPROVAL OF CONTRACT 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, firer 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 peiform 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 apply such withheld amount or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for any such payment made in good faith. Such payment • may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by the City to ensure 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 mailt, 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 thereofto 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: 975 TERRA BELLA AVENUE, MT. VIEW, CA 94043 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 the City agrees in writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified. 17. 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 tut 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 $500,000.00 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $500,000. 0 on account of one accident, and Page 6 • • • • • Property Damage Liability Insurance in an amount not less than $250,000.00. The City and its officers and employees, shall be named as adaitional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded insurance to cetohtheifuliofficers employees, llimitsof liabilityofthe policy bandthat 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 . personinfringement alleged orpersons, firmor corporainfringement an tioninofconsequence of the patent rights tthef 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 coat and expense during the course of hisoperations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public. 20 . HOURS OF WORE. 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 whichsaid • subcontractor laborer, worker, orntmechanic risarequired dor permitteditog work mote than eight hours in any one calendar 'day and forty hours id any one calendar week in violation of the provisions of said . Sections of the Labor Code. • • • Page 7 • • The Contractor, each record showing the names ofandsuactualachourshall sworkedeeach calendar 4ay and each calendar week by all laborers, workmen, and mechanics dmployed by him in connection with the work contemplated by this Contract, which recbrd . shall be open at all reasonable hours to the 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. certified payroll and records renumerated subdivision isi (a) hallbeavailablefor inspectionatallreasonable 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 • subditision (a) shall be made available for inspection or furnished upon •request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made . available upon request to the public for inspection or copies thereof made, provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such • records 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 (1.0) day period, the Contractor shall, • as a penalty to the sate 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 shell 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 leoths erwise one apprentice for each five journeymen, except as 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 1-to-5 ratio as set forth in this section. This section shall not apply to contracts of general contractors involving less than thirty thousand ($30,000 .00) or twenty ( 20) workin4 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 to the have the discretion eta grant a certificate, which shall be subject contractor rfrom the oval of t1-to-s ratioa aset forthppinntthishsection mwhengita finds that any one of the following conditions are met: (a) In the event unemployment for the previous three month period in such area exceeds an average of 15 percent, or • (b area)exceedsha ratio ofe event ®l-to---5,, oer of c apprentices in training in such (c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis. (d) If assignment of an apprentice to any work performed under a public works contract would 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 any subcontractor under him, who, in performing any of the work, under the •contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund funds tod the ondut theasitentofeDthe ppublic wSite ork, to which fund or funds other contractors in the area of the fund orffunds pinleachic wcraftarore ctradebiniwhichhhelemcontloyssbjou to the or apprentices on the public work in the same amount orouponythe same basis 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 contractor or subcontractor may add the amount of such contributions in computing his bid for the contract. The Division of tabor' Standards Enforcement is authorized to enforce the payment • of. eUch dontributions 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 as 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 Apprenticeships and (2) Forfeit as a civil penalty in the sum of fifty dollars ($50.00)0pfor each calendar day of noncompliance.receipt Notheithstanding the uch a determination onthe s ofawarding n shallbody 7� n ithhold from Bcontract 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 ($25.00) for each calendar day; or portion thereof, for '•• Such iabotere workman, or mechanic paid less than the stipulated VAJfbUYiling totes for any work done under this Contract by him or by • `':anyAubcontractor finder work done under this Contract by him or by � c ahY subcontractor under him, and Contractor agrees to comply with 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, if such 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) daps 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 absdlute 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 following occurrences or conditions and effectss earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed 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 isexpressly 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 cost 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 N0/100 DOLLARS ($150.00) for each and every calendar. 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 hie assigns and successors at the time of completion, and his sureties shall be liable to the City any excess. -28. • ADDITIONAL PROVISIONS. None • Page 15 CORPORATE ACKNOWLEDGMENT NO.202 v State of California On this the 18tbay of November 1986 ,before me, 0 1 SS. X County of Santa Clara ) Pam Cagle ' 6 6 N the undersigned Notary Public, personally appeared 6 Reinhold Brunn , 1 Aj©c personally known to me 6 A CADCCGiLOCie /A9R aecCIAL 'DAO�z 0 proved to me on the basis of satisfactory evidence A 1 ie OFFICIAL SEMI • PAM CAGLE to be the person(s)who executed the within instrument as Sec . /Treasurer or on behalf of the corporation therein ti NOTARY PUBLIC-CALIFORNIA t,' N Sr- SANTA CLARA COUNTY a named,and acknowledged to me that the corporation executed it. 6 My Commission Expires July 19, 1989 WITNESS my and official seal. ti j7 a52a.5ov67vrx2oxa7a ex+w+w:lw:+w.2 5 1 /Seitt /4 ANotary's Signature _.__-- ..._. _ .........,.,.....v>.a . on R..dR2S • Woodland Hills CA 91365-4625 • •i.�co. c,vt/ — L'UULll11 92,048 - Ste.Cr . KPharLE 92,049 - Ste.Cr6: BID PROPOSAL LANDSCAPE PROJECTS - PROJECT 87-105 I. FOOTHILL BLVD. (STEVENS CREEK TO FWY. 280) • II. STEVENS CREEK BLVD. (PEAR LAP TO CARMEN) III. STEVENS CREEK BLVD. (ORANGE TO BYRNE) IV. STEVENS CANYON RD. (SAN JUAN RD) TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA Dear Sir: In compliance with the specifications furnished for the Project 87-105, I, the undersigned, hereby declare that I have read the proposal requirements and hereby propose to do all work required to complete the said work in accordance with the specifications and/or plans for the amounts set forth herein on the incorporated schedule. The BASE BID shall include all work and requirements described in the contract documents, specifications and drawings. In general, the work shall be to provide and install all planting work as called for on the plans or outlined in the specifications. All work shall be done in a workmanship-like manner and shall meet or exceed the standards specified. A bid bond in the amount of ten percent (10%) is required. Award shall be to the lowest qualified bidder; however, the City council reserves the right to reject any or all bids. Bid Est.Qty. Item Unit Item Total 1. Lump Sum Provide and install all landscaping work on Foothill $228 .637. 00 Boulevard complete for Twn Hundred Twenty- Eight Thousand, Six Hundred & Thirty-seven & no/100- - - Dollars/L.S. 2. Lump Sum Provide and install all landscaping work on Stevens $ 63 ,419 . 00 Creek Boulevard (Phal Lap to Carmen) complete for Sixty-three Thousand, Four Hundred & Nineteen and no/100 Dollars/L.S. 3. Lump Sum Provide and install all landscaping work on Stevens $ 13 , 514 . 00 Creek Boulevard (Orange to Byrne) complete for Thirteen Thousand, Five Hundred and Fourteen & no/100 Dollars/L.S. 4. Lump Sum Provide and install all landscaping work on Stevens $ 11 ,980 .00 Canyon Road, at San Juan Road, complete for Eleven Thousand, Nine Hundred and Eighty and no/100 — Dollars/L.S. TOTAL BASE BID:$ 317 ,550 . 00 • BID PROPOSAL PAGE 1 OF 5 O� t I, the undersigned agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and tine specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one jab over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check or bid bond in the amount of $ 10% of Bid Amount , as required by law and the Notice to Bidders. (10% of bid amount) • PROPOSAL PAGE 2 OF 5 • A. BID DOCUMENTS, Continued BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfulness and accurancy of the informa- tion is hereby guaranteed. (1) How many years has your organization been in business. under its present name? +13 years (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? +23 years (3) Contractor's License No. 352633 , State of California, Classification C-27 (4) List work similar in character to that required in the proposed contract which your organization or personnel in your organization has completed within the past 3 years. Year Class, Location of Work and for Whom Performed Contract Amount 1986 C-27 - Hellyer Median Landscaping $538 , 334 .00 Fontanoso Ave . & Branham Lane City of San Jose 1986 C-27 - Saratoga Avenue Median Landscaping $245 ,511 .00 City of San Jose, Calif. 1985 C-27 - Southbay Courtyards Buildings. $216, 985. 00 Mt. View, Calif. South Bay Construction & Development 1984 C-27 - Hopyard Road & West Las Positas $636 .92 . 00 Pleasanton, Calif. Oliver de Silva Tnn . & City of Pleacanton 1985 C-27 - Grevland Business Park, $279 ,958 .00 San Jose, Calif. C. S. McCandless & Sons, Inc. 1985 C-27 - Shoreline Technology Park, $925 ,000 .00 Mt. View, Calif. Sparks Properties & S.K.Brown Construction PROPOSAL PAGE 3 OF 5 • A. BID DOCUMENTS, Continued Name of Proposed Sub-contractors, if any (Section 4104, Government Code) 1. NONE 2. 3. - 4. • 5. 6. Address if Shop or Office of Sub-contractors (Section 4104, Government Code) 1. 2. 3. 4. 5. 6. Work to be Performed by Sub-contractors (Section 4104, Government Code) 1. • 2. 3. 4. 5. .- • 6. PROPOSAL PAGE 4 OF 5 • 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 FIRM. IF A COPORATION, 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 B & B Landscape Contractors , Inc. A California Corporation Joint Venture George Brunn, President Reinhold Brunn, Sec . /Treasurer Other (Describe) Name and Signature of Bidder: Peinhnld Brmmn, gee.. /Treacurer (Print) (Signature) Address (Both mailing and location addresses) : 975 Terra Bella Avenue Mt. View, Calif. 94043 Telephone Number: (415 ) 969-5787 Date: October 28 , 1986 • Addendas Received: 1 2 3 4 5 • PROPOSAL PAGE 5 OF 5 1 r , ' SET TAB STOPS AT ARROWS t, - Of ®CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) 1/1/86 PP,ODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 0 NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, UNITED INSURANCE CENTERS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Jack Rosen Milan Popovich Jeff Rosen COMPANIES AFFORDING COVERAGE 12380 S.SARATOGA SUNNYVALE RD.,SUITE 6 SARATOGA, CALIFORNIA 95070 COMPANY UNIGARD INSURANCE GROUP (408) 257-2211 (408) 252-0776 LETTER A . - COMPANY B INSURED LETTER - B & B LANDSCAPE CONTRACTORS, INC. COMPANYY c • 975 TERRA BELLA AVENUE MOUNTAIN VIEW, CA. 94043 COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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. TYPE OF INSURANCE POLICY NUMBER �TECY(fREJ/OGMY) DEVIATIONLIABILITY LIEN IN THOUSANDS LTR _ OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY In COMPREHENSIVE FORM INJURY $ $ © PREMISES/OPERATIONS DAMAGE $ $ © EXPLOSION 8 COLLAPSE HAZARD ® PRODUCTS/COMPLETED OPERATIONS © cONiRACTUAI. CL500766 1/1/86 1/1/87 WMBHED $ 500 $ 500 ® INDEPENDENT CONTRACTORS - © BROAD FORM PROPERTY DAMAGE ® PERSONAL INJURY PERSONAL INJURY $ 500 AUTOMOBILE LIABILITY -I BODLLT NI ANY AUTO (RIMY RF $ © ALL OWNED AUTOS(PRN.PASS.) MYINJUR, © ALL OWNED AUTOS( P ) IRA B $ © HIRED AOT PROPERTY DAMAGE $ © NON-OWNED AUTOS El WI LIABIU1Y CL500766 1/1/86 1/1/87 BI&PD 500 ■ • COMBINED $ • _ OEXCESS LIABILITY ® UMBRELLA FORM 3C056689 1/1/86 1/1/87 COMBINED $ 5,000 $ 5,000 ■ OTHER THAN UMBRELLA FORM STATUTORY WORKERS'COMPENSATION (EACH ACCIDENT) AND WC155660 4/1/86 4/1/87 $ 100 EMPLOYERS'LIABILITY $ 500 (DISEASE-POLICY LIMIT) $ 100 (DISEASE-EACH EMPLOYEE) IOTHER • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ALL CALIFORNIA OPERATIONS LANDSCAPING PROJECTS # 87-105 CERTIFICATE HOLDER CANCELLATION OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- CITYPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENOCA1LGR:X10 10300 TORRE AVENUE MAIL 3llAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CUPERTINO, CA 95014 LEFT, :on _,,;•>-,-,•- • L NCCiFQA +'fi4T7l9NX osconsaf ePowThiPsissegewlf)¢TRl.. tirA:. UthtKA .tak AUTHORIZED REP- ACORD 25(8184) , 0 IIR/ACORD CORPORATION 1984 GL 20 09 UNIGARD INSURANCE GROUP (Ed. 01 73) This endorsement forms a part of the policy towhich attached,effective on the inception date of the policy unless otherwise stated herein. Policy (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Etatocwoattaeffective 1/1/86-87 Policy No. CL500766 Endorsement No. Named Insured B and B Landscape Contractors, Inc. • INCL. Li Aft Additional Premium$ Countersigned b (Authorized Representative) United urance Centers, Inc. • 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 The City of Cupertino, its • ADDITIONAL INSURED Project #87-105 officers and employees. (Owners orContradors) Landscaping Projects • Schedule Name of Person or Organization (Additional Insured) Location of Covered Operations Premium Bases Rates Advance Premium ,. Bodily Injury Liability Cost' $100 of cost $ Inc 1 Property Damage.Liability Cost $100 of cost $ Inc 1 Total Advance Premium $ Inc 1 • It is agreed that: I. 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 (I) 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 provisions of the policy, such insurance as provided bythis endorsement shall be deemed primary, but only with respect to work performed by or for the Named Insured in connection with the above described contract. • GL 20 09 01 73 • • LABOR AND MATERIAL BOND • KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and B and B Landscape Contractors, Inc. 975 Terra 'Bella.Ave. , Mtn. View, CA 94043 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 The Fidelity and Deposit Company of Maryland, 25 Ecker Street, San Francisco, CA _ 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 THREE THOUSAND SEVENTEEN HUNDRED FIVE HUNDRED FIFTY AND NO/100 DOLLARS ($ 317,550.00 ) . 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 1154. 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 J -- ` State of California Onthis the18th day of November 19 86 before me, ) } SS. County of Santa Clara Pam Cagle Sthe undersigned Notary Public,personally appeared A Reinhold Brunn U9CO&OLLOCOtzooracoaoGocraav�t ® personally known to me 6 OFFICIAL SEAL' St 0 proved to me on the basis of satisfactory evidence i h CAGLE to be the person(s)who executed the within Instrument as 8 '.( ;Y�. NOTARY PUBLIC-CALIFORNIA Sec. /Treasurer oron behalf of the corporation therein SANTA CLARA COUNTY named,and acknowledged to me that the corporation executed it. r 1 i My Commission Expires July 19, 1989 WITNESS my ha official seal. S Ipaon000OoDoocYccaaascx�w�w w cyac 0.-n 10 aNotary's Signature non in ...__.... ..__._.. STATE OF CALIFORNIA } COUNTY OF Santa Clara ss: } SII, On this..._..__..—__._ 18th ---,da of_ November 86 y ._. _..____.._.._.__..—..—., 19..._...., before me Terri A. Consul ,a Notary Public,in and for the County and State aforesaid, duly commissioned and sworn,personally appeared Jack' Rosen 1 known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney- in-Fact of the Fidelity and Deposit Company of Maryland,and acknowledged to me that he sub- scribed the name of the Fidelity and Deposit Company of Maryland thereto and his own name as Attorney-in-Fact. l bSYRB.OGIORCI X9COLY7COLX7cR7coCrgCc9“.9c.Cs'pS 2 OFFICIAL SEAL l .L/ a---rte-`-- Q -' TERRI A. CONSUL -. .-e Notary Public in and for the State of California,al'J .i x NOTARY PUBLIC-CALIFORNIA p 2 SANTA CLARA COUNTY 9County of Santa Clara fa My Commission Expires Jan 5, 1988 2 BR(16) 15 2G147G67655GY2GlaGX2GYQP'O0x4G SGraGx7GY$GX2C): 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 18 day of November , 1986 • Principal g and B Landscape Contractors (To be signed by Principal and Surety. Notary acknowledgments required.) The Fidelity and Deposit Surety Company of Maryland s By: /�torney-in-Fact The above bond is accepted and approved this day of , 19 • • 6/17/85 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE.BALTIMORE MO. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the.By-Laws of said Company,which reads as follows: "The Chairman of the Board,or the President, or any Executive Vice-President. or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and.Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint Jack Rosen of Saratoga, California.. ... .. .. .. Its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, .each in a penalty,not to exceed the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) • •n. t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Jack Rosen, dated, January 15, 1976. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of September ,A.D. 19 83 ,++ FIDELITY AND DEPOSIT COMPANY OF MARYLAND xyorPoszjATTEST: n • SEAL .. e (�� fro-Q-B-1“4 e{'f{71Iy1 ........ By Assistant Secretary Vice-Resident STATE OF MARYLAND is CITY OF BALTIMORE 1 • On this 12th day of September :A.D.19 83 ,before the subscriber,a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,tome personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore,the day and ye 'rat shove written. i ee a .Ao y MOtA �. el )! Notary Public m 'ssion Expires.sIUaY...1.,.--19.86.. 'sone 04 CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing isa full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July,1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any c'ower of attorney issued by the Company,shall he valid and binding upon the Company with the same force and effect as though manually affixed. 18th IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this day of November 19 86 10. uaza._pr, 016-4321 Assistant \FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK CORPORATE ACKNOWLEDGMENT NO.202 _ l __ ./ccc-c /JJJ/-Z—r ','I'll Il State of California On this the18 th day of November 19 f before me, \ 8 SS. % County of Santa Clara Pam Cagle 0 tithe undersigned Notary Public,personally appeared o nReinhold Brunn n tin ® personally known to me 1 c�ocor«osncasta000cxscac000cococcsoot A kill . OFFICIAL SERI: Li 0 proved to me on the basis of satisfactory evidence g ` '?.\ PAM CAGLE to be the person(s)who executed the within Instrument as S - ' , NOTARY PUBLIC•CALIFORNIA 2; Sec. /Treasurer or on behalf of the corporation therein ' ` '� SANTA CLARA COUNTY 2 named,and acknowledged to me that the corporation executed it. A o My Commission Expires July 19, 1989 nE WITNESS my h d official seal. s i 1 Notary's Signature G)iY✓L / o _.____ ______._ ___._...____.._,... _ _........,__..._e... . on o,..wcoc . w,,.,dI nn Wilk re,maa421n25 l STATE OF CALIFORNIA l Santa Clara } ss: �` COUNTY OF____....._....__.._.._..._...._. — 111 /t { X21 On this. 18th day of November -- 1986.._, before me .S' Terri A. Consul 't= _.._._.._. ,a Notary Public,m and for the County and State aforesaid,duly commissioned and sworn,personally appeared.......__..___ Jack Rosen , known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney- in-Fact of the Fidelity and Deposit Company of Maryland,and acknowledged to me that he sub- . scribed the name of the Fidelity and Deposit Company of Maryland thereto and his own name as Attorney-in-Fact. u / I OFFICIAL SEAL g ��=-- -------------- TERRI A. CONSUL a Notary Public in and for the State of California, GI zai ..- NOTARY PUBLIC-CALIFORNIA 's '�"' g Countyof ...___..Santa Clara SANTA CLARA COUNTY � - 8 My Commission Expires Jan 5, 1988 R BR(16) 15 DGmrxsoerasG%sa Dflsccsr.YJ(Y•Jr,Y9(YSr.YealtSrace FAITHFUL PERFORMANCE BOND ICIOW ALL MEN BY THESE PRESENTS: THAT WE, B and B Landscape Contractors, Inc. as Principal and The Fidelity and Deposit Company of Maryland as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of THREE THOUSAND SEVENTEEN HUNDRED FIVE HUNDRED FIFTY AND NO/1®ollars ($ 317,550.00 ) 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 November 12, 1986 , with the Obligee to do and perform the following work to-wit: LANDSCAPING PROJECTS - PROJECTS 87-105 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 18th day of November , 19 86 (To be signed by Principal and Surety and acknowledgment.) Principal B and B Landscape Contractors The Fidelity and Deposit Company Surety _nd Attorney-in-Fact The above bond is accepted and approved this day of , 19_ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE.BA:T:MORE MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMP AN) OF MARYLAND,a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which reads as follows: "The Chairman of the Board,or the President,or any Executive Vice-President.or any of the Senior Vice.Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee.shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice'Presidents,Assistant Vice-Presidents and Attorneys-in•Fact as the business of the Company may require, or to authorize anyerson or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint Jack Rosen of Saratoga, California.. ... . ..... its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, .each in a penalty.not to exceed the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) • • n. t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore,Md., in their own proper persons. This power of attorney revokes that issued on behalf of Jack Rosen, dated, January 15, 1976. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of September A.D. 19 83 FIDELITY AND DEPOSIT COMPANY OF MARYLAND teor o. SL ATTEST: e0_5 P B e u.� By �•• Assistant Secretary Vice-President STATE OF MARYLAND ss: onOF BALTIMORE 3 On this 12th day of September A.D.19 83 ,before the subscriber,a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,tome personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being byme duly sworn,severally and each for himself deposeth and with,that they are the said officers of the Company aforesaid,and that the seal affixed o the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore,the day andy rat above written. 4! Notary Public m 'scion Expires.alday..1.4-.19&6.. „o• CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full forceand effect on the date of this certificate;and l do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July,1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any tower of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed.' 18th IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this day of November .19 86 110111. - L142&—Of. 016-4321 Assistant ecretary `FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK