09-154 Sterling Barnhart Park Elite Landscaping Inc.APPROVI Project No. 2008-9126
~~ ~~
DOCUP~IENT 00520 ~~ ~ ~~ ~..®/~~ p~~
EST CO ES J f~ v
C Old"TRACT
~~~3v
THIS C CT, dated this w' -day of ~tt~~~[, 2009 , by and between Elite Landscaping Inc., whose
place of business is located at 2972 Larkin Avenue, Clovis, CA 93612 ("Contractor"), and the CITY OF
CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority
vested in the City by the laws of the State of California.
WHEREAS, City, on the 30th day of November, 2009 awarded to Contractor the following Project:
PROJECT NUMBER 2008 - 9126
STERLING B.~RNHART PARK
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree
as follows:
Article 1. Work
1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications,
Drawings, and all other terms and conditions of the Contract Documents.
Article 2. Agency and Notices to City
2.1 City has designated Terry Greene, City Architect, to act as City's Authorized Representative(s), who will represent
City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract
Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or
more specific fiunctions to one or more specific City's Representatives, including without limitation engineering,
architectural, inspection and general adnzinistra*.ive functions, at any time with notice and without liability to
Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without
limitation, all releases and indemnities.
2.2 City has designated SSA Landscape Architects, [nc. to act as Consulting Engineer. City may change the identity
of the Consulting Engineer at any time with notice and without liability to Contractor.
2.3 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at:
10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall
provide to Contractor.
Article 3. Contract Time and Liquidated Damages
3.1 Contract Time.
The Contract Time will corrurience to run on the date indicated in the Notice to Proceed. City may give a
Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at
the Site prior to the date on which the Contract 'Time commences to run.
Contractor shall achieve Substantial Completion within 122 Calendar Davs ,and Final Completion of the
entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) within 152
Calendar Davs from the date when the Contract Time commences to run as provided in Document 00700
(General Conditions)
City of Cupertino 00520 - 1 Contract
Sterling Barnhart Park
Project No. 2008-9126
3.2 Liquidated Damaees.
City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss
in the form of contract administration expenses (.such as project management and consultant expenses), if all or
any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in
accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor
and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the
amount of actual damages incurred by City because of a delay in completion of all or any part of the Work.
Accordingly, City and Contractor agree that as li~3uidated damages for delay Contractor shall pay City:
3.2.1 $500 for each Calendar Day that expires after the time specified herein for Contractor to achieve
Substantial Completion as specified above.
3.2.2 $500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final
Completion of the entire Work as specified above.
3.2.3 $5,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND
HOURS.
3.2.4 1"hree Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of
Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or
Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor
can demonstrate to City's satisfaction is beyond Contractor's control.
Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the
damages suffered by City resulting from delay in completion of the Work.
Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies,
may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered
species. Contractor hereby agrees to become familiaz with and adhere to wildlife and endangered species
protection requirements.
3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of
public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of
completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities,
or damages suffered by others who then seek to recover their damages from City (for example, delay claims of
other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof.
Article 4. Contract Sum
4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as
set forth in Contractor's Bid, attached hereto: Sec; Exhibit "A" attached
City of Cupertino 00520 - 2 Contract
Sterling Barnhart Park
Project No. 2008-9126
Article 5. Contractor's Representations
In order to induce City to enter into this Contract, Contractor makes the following representations and warranties:
5.1 Contractor has visited the Site'and has examined thoroughly and understood the nature and extent of the
Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and
federal, state and local laws and regulations that in any manner may affect cost, progress, performance or
furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of
construction to be employed by Contractor and safety precautions and programs incident thereto.
5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface
conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of
physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical
Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor
accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the
limited extent of the information contained in such materials upon which Contractor may be entitled to rely.
Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any
other information contained in such reports and drawings.
5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations,
tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document
00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other
physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or
furnishing of Work, as Contractor considers necessary for the performance or fiu~nishing of Work at the Contract
Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional
examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be
required by Contractor for such purposes.
5.4 Contractor has correlated its knowledge and the: results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has
discovered in or among the Contract Documen~s and as-built drawings and actual conditions and the written
resolution thereof through Addenda issued by City is acceptable to Contractor.
5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to
conduct business in the State of California.
5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract
Documents and the Work to be performed herein. The Contract Documents do not violate or create a default
under any instrument, contract, order or decree b::nding on Contractor.
5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq. in document 00340 (Subconti-actors List)
Article 6. Contract Documents
6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications
thereto:
Document 00400 Bid Form
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00460 Schedule of Major Equipment and Materials Suppliers
Document 00481 Non-Collusion Affida•/it
City of Cupertino 00520 - 3 Contract
Sterling Barnhart Park
Project No. 2008-9126
Document 00482 Bidder Certifications
Document 0051 O Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 Construction Performance Bond
Document 00620 Construction Labor and Material Payment Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00821 Insurance
Document 00822 Apprenticeship Program
Technical Specification/Special Provisions
Addenda(s)
Drawings/Plans
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320
(Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied
therein, are not Contract Documents. The Contract Documents may only be amended, modified or
supplemented as provided in Document 00700 (General Conditions).
Article 7. Miscellaneous
7.1 Terms used in this Contract are defined in Docuument 00700 (General Conditions) and will have the meaning
indicated therein.
7.2 It is understood and agreed that in no instance a:re the persons signing this Contract for or on behalf of City or
acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract
Documents, or upon any warranty of authority, or otherwise, and it is Further understood and agreed that
liability of the City is limited and confined do such liability as authorized or imposed by the Contract
Documents or applicable law.
73 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the
Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq.
7.4 The Contract Sum includes all allowances (if any).
7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a
public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights,
title and interest in and to all causes of action it niay have under Section 4 of the Clayton Act (15 U.S.C. § 15) or
under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business
and Professions Code), arising from purchases of goods, services or materials pursuant to the public works
contract or the subcontract. This assignment shall be made and become effective at the time City tenders final
payment to Contractor, without further acknowledgment by the parties.
7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed
to execute the Contract, as determined by Director of the State of California Department of Industrial Relations,
are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of
California web site http://www.dir.ca.gov/DLS:L2/PWD/Northem.html and shall be made available to any
interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware
of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability
for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and
City of Cupertino 00520 - 4 Contract
Sterling Barnhart Park
Project No. 2008-9126
Contractor shall comply with such provisions before commencing the performance of the Work of the Contract
Documents.
7J Should any part, temZ or provision of this Contract or any of the Contract Documents, or any document required
herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts,
terms and provisions shall remain in full force' and effect and shall in no way be invalidated, impaired or
affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be
waived, they are hereby waived to the end that Uus Contract and the Contract Documents may be deemed valid
and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable
law. In the event any provision not otherwise in~~luded in the Contract Documents is required to be included by
any applicable law, that provision is deemed included herein by this reference(or, if such provision is required
to be included in any particular portion of the Contract Documents, that provision is deemed included in that
portion).
7.8 This Contract and the Contract Documents shat be deemed to have been entered into in the County of Santa
Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The
exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby
waive their rights under California Code of Civil Procedure Secrion 394 to Fle a motion to transfer any action
or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims
Procedure in Document 00700, Article 12, established under the California Govei~nient Code, Title 1, Division
3.6, Part 3, Chapter 5.
7.9 Contractor and all subcontractors shall comply with the Uniform Administrative Requirements for State and
Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, Part 18. In addition, the
Contractor agrees to comply with the cost principles and procedures set forth in Office of Management and
Budget Circular A-87. The Contractor agrees that a reference to either Office of Management and Budget
(OMB) Circular A-87of the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is applicable,
and the Code of Federal Regulations, Title 49, fart 18, will be included in any subcontracts entered into as a
result of this contract.
City of Cupertino 00520 - 5 Contract
Sterling Barnhart Park
Project No. 2008-9126
/~O ~ ~~~~~'~~3
I1V WITNESS WHEREOF the parties have executed this Contract in quadruplic the day a year us a ove wrltten.
STERLI 7~ART P ~
CITY: 9~N CTO
CITY OF CUPERTINO, a Municipal Corpora a EIIt Landsc i c.
State of California
. By: __
[Signature]
Attest:
City Cle~ Kimberly S h r~~~~j
Approved as to form by City Attorney:
-~
j / ~q
City Attorney: Carol Korade
I hereby certify, under penalty of perjury, that David W.
Knapp, City Manager of the City of Cupertino was duly
authorized to execute this document on behalf of the City of
Cupertino.
G~ y s-~ak~~~
[Please print na ere
Title: i '
[If Co oration firma resident, or Vice President]
By:
[Signa/tore]
~^3)Vy S~OC~r:~~
[Please profit name here]
Title: ~P~~~f~/
[If Corporation: Secretary, ?assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
2. ZS• Ca
~~.s~ ~S ~~~'
David W. Knapp, City Manager o the City of Cupertino, a
Municipal Corporation of the State of California
Designated Representative:
Name: Terry W. Greene, AIA
Title: City Architect
Address: 10300 Torre Ave., Cupertino, CA 95014
Phone: 408-777-3354
Facsimile: 408-777-3333
AMOUNT: $ 364,345.00 ~\
ACCOUNT NiIMBER:420-9126-93 ~~ ~j~~t) ]
FILE NO.: 92,070 /
6 ~ SSa 1 ~, i3r Cis c z ~ ~9 p3 ~(
State Contractor's License No. Classification
S/~ t /i o
Expiration Date
Taxpayer ID No. ~ ~ - Q~ 7 l]~~ /
Name: ~~~''+/i1~ !~'i ~r'Y~,SC(GOilia~ ~ri C
Title: C~ ~ `i S-E«~~o TI o(Pt~ ~~S i ~cn0`
Address: ~/i~'/7Z\~~U/~iL~ ~t/P ~v~5r C~-~'/~IZ
Phone: 559 )\ ZU~IZ-7~6gC~
Facsimile: ~~` J / ~~- ~ 7g
NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A
CORPORATION, CORPORATE SEAL AND CORPORATE
NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE
REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY
NO. IS REQUIRED
END OF DOCUMENT
City of Cupertino 00520 - 6 Contract
Sterling Barnhart Park
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fre nno ~/~~G~
On ~X~~.~~-~- ~~/ r/ ~ / -before me, Jiil L. Stockbridge, Notary Public,
personally appeared Guv Stockbricgge ,
. JILL L. STOCKBRIDGE
"~' Commission # 7 69861 5
a =-eiw Notary Public -California £
`~ ~ Fresno County
MY Comm. Expires Nov 8, 207 O
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
within instrument and acknowledged to me that he
executecl the same in his authorized capacity, and that
by his signature on the instrument the person, or the
entity upon behalf of which the person acted,
executecl the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITN S, _ and an offic" se'al/. /
~C! U
r
OPT/OI{(A
Though the information be/ow is not required by law, it may prove va/uab/e to parsons relying on the document and could
prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:.
Capacity(ies) Claimed by Signer
Signer's Name: Guv Stockbridge
^ Indi ual
orporate Officer -Title(s): President
^ Partner - O Limited O General
^ Attorney-in-Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer is Representing: Elite Landscaoing. Inc.
~~!-HIBIT A
Project No. 2008-9126
DOCU1vII?NT 00400
BII) FORM
To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders).
TO THE HONORABLE CITY COUNCIL OF THE C[TY OF CUPERTINO
THIS BID IS SUBMITTED BY:
~i r-Fer ~ ~ .~ ca v,~rpt t ~ ~
irntL ompany Name)
Project Ho. 2008-9126
STERLING B~-RNFTART PARK
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of
Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), to perform
and firniish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the
Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract
Documents. All portions of this Bid Forth must be completed and signed before the bid is submitted. Failure to
do so will result in the bid being rejected as non-responsive.
2. Bidder accepts all of the terms and conditons of the Contract Documents, Document 00100 (Advertisement £or
Bids), and Document 00200 (Instructions to Bidders), including, without limitaton, those dealing with the
disposition of Bid Security. This Bid will remain subiect to acceptance for 90 Calendar Dav fter the day
of Bid ogenine.
3. Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and analysis
and given notices, regarding the Project and the Site, as set forth in Document 00520 (Contract), Article 5.
4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has
discovered in or among the Contract Documents and as-built drawings and actual conditions and the written
resolution thereof through Addenda issued by City is acceptable to Contractor.
5. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code,
are listed on the attached Document 00430 (Subcontractors List).
6. The undersigned Bidder understands that City reserves the right to reject this Bid.
7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered
to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time
thereafter before it is withdrawn, the undersigned': Bidder will execute and deliver the documents required by
Document 00200 (Instructions to Bidders) within the times specified therein_ These documents include, but are
not limited to, Document 00520 (Contract), Document 0061 O (Conatntction Performance Bond), and Document
00620 (Construction Labor and Material Payment :Bond).
8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the
address set forth below on the signature page.
10. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible
bank in the United States, or a corporate surety bald furnished by a surety authorized to do a surety business in
City of Cupertino
Bid Form
Sterling Barnhart Park 00400 - 1
ty
Project No. 2008-9126
the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten
percent (10%) of the total of Bid and made payal:~le to the "City of Cupertino".
11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in
Document 00700 (General Conditions) and to complete all work within the time specified in Document 00520
(Contract). The undersigned Bidder acknowledges that City has reserved the right to delay or modify the
commencement date. The undersigned Bidder further acknowledges City has reserved the right to perform
independent work at the Site, the extent of such work may not be determined until after the opening of the Bids,
and that the undersigned Bidder will be required to cooperate with such other work in accordance with the
requirements of the Contract Documents.
12. The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated
damages for failure to complete all Work in the Contract within the time specified in Document 00520
(Contract) shall be as set forth in Document 00520 (Contract).
City of Cupertino Bid Form
Starling Barnhart Park 00400 - 2
I
i
;'
Project No. 2008-9126
SCI3EDULE OF BID PRICES
All Bid items, including lump sums and unit prices, must be Slled in completely. Allowances and Alternative Bid items
are described in Document 00800 (Special Conditions). Quote in figures and words are specifically requested.
Specialty Items are identified on the Bid Form in the description.
BASE BID
ITEM ~
D
ESCRIPTSON;
t71VTr
''EST 3
- '~TA
Z'AY
$
. _
,
Park Improvements per Plans &c
Specifications LS 1 ~ ~ y L
/ S+
2 Additional Landscaping
Enhancements AL na $5,000
3
Additional Fence Work AL na $10,000
`t Additional Site Signage and
Furnishings ,~, na $5,000
TOTAL BASE B]CD PRICE ~~j Cf ~
Tota! Base Bid Price: _7h~r~ .h~i~rs~-l ~ ~Si~f s I ~ r ~f~.~~r ~> ~/ ~fjv=G~ /Zi:>~~/i ~I~r~~-~
' (Words)
Unit Legend
LS =Lump Sum AL ° Allowance
EA ° Each SF =Square Feet
LF =Linear Feet
TON =Ton or 2,000 Pounds
CY =Cubic Yards
LB =Pounds
ALTERNATE
Alternate ~. =~~ ~` DESCRIPTION: ~ ; = UNIT' .I.~, ADD r CREDTT Tn'lt'AL ~`.'
1 Install Basketball Court per Plans ~& LS 1 ~~
Specifications f~, S,3 Q
TOTAL ALTERNATE '
Total Add Alternate Price: ~~5~-~~r~ ~~n%~--~~/ . ~/vim tui~ er/~-/ ~f ~h~~-
G~fJ//~'r.~-~
(~'Vords)
City of Cupertino Bid Form
Sterling Barnhart Park 00400 - 3
Project No. 2008-9126
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUMS
Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda:
Addendum No. Addendum Date
r n Zq o 9
v t o9
Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract
Documents for the sums of money listed in this Bid Form.
NAME OF BIDDER:
licensed in accordance with ct for the registration of C~ntra.ctors, and with License number:
~ ~S°~ ~
Expiration Date• r/`•~`~~~i (~~l ~ ryo
Where incorporated, if applicable ~t' ~r~~- ~~~'~~ ~~~
Princip
I certify (or declare) under penalty of perjury under the laws of the
is true
and correct.
Signature o idler
NOTE: If Bidder is a corporation, set forth the legal name of the corporation, state where incorporated, together with the
signature of the officer or officers authorized to sign contx•~w-ts on behalf of the corporation. If Bidder is a parhiership, set
forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of
the partnership.
Business Address: ~f_yj 7Z ~ ~,~~~, ~'~,~
lld v ~ l.a- ~-J'~-6!Z
Officers authorized to sign contracts: ~` y s~~~.~.~ ~~C _ f ~~c-7~
Typed F 1
Telephone Number(s): ~~~ ~9Z_ ~7,~G
_ `.
Fax Number(s): ~~~ ) 7 ~~- (/ O /
E-MailAddress: ~j-~+1n'~Ct~~? L[~/ut~~~il•~c~~
END OF I>OCiTMENT
City of Cupertino Bid Form
Sterling Barnhart Park 00400 - 4
Project No. 2008-9126
DOCU1\~NT 00430
REQUIRED SUBCONTRACTORS LIST
Bidder must provide the following Listed Subcontractor information in conformance with the California Public Contract
Code where the value of the Subcontractor's work is or exceeds Yz of one percent (.OS%) of the Bid on Document 00400.
Failure to do so will render Bid Non Responsive.
Bidder is reminded that Listed Subcontractors cannot be substituted by the Apparent Low Bidder after Bid has been
submitted and opened, without City's formal approval.
Subcontractor Name Address 8c Phone No. License No. Trade $ Value $
l9 7'L iii kiij
° 3~ ' L
!f a _.~
~G<~L~-j 710 ~S2- Zo-~ `i_ v~~Gt ~'Ci.. .
/cam-
'~(~ e.? /
~fzOSf L~J/'~Ji .$"G S/ G" ~°2i53 '3 ti y ~ "L
UOy _
. __.._......~._....,_.....x.«.~ ....~..~~~.r
VOLUN'T'ARY SUBCONTRACTOR LIST
Bidder is requested to voluntarily provide Subcontractor information listed below for subcontract work whose value is
less than %z of one percent of the Bid on Document 00400. Failure to do so will have no impact on Bid.
Bidder is requested not to substitute Subcontractors after B id has been submitted and opened, without City's infonna2
approval.
neressarv
END OF DOCUMENT
City of Cupertino 0(1430 - 1 Subcontractors List
Sterling Barnhart Park
Project No. 2008 - 9126
DOCIJMENT 00460
SCHEDULE OF MAJOR EQUIPMENT AND MATERIAL SUPPLIERS
The undersigned Bidder represents that, if awarded the Contract, the items of major equipment and materials specified
below will be supplied by the manufacturers or suppliers ::pecified below. By so indicating, bidder warrants that the
equipment and materials manufactured and/or supplied by the named manufacturer or supplier will be provided on the
Project unless review of submittal information or performance under tests reveals that the equipment or material does not
meet Contract requirements or is no longer available. Fai] ure to acknowledge this schedule may render the Bid non-
responsive and may be the basis for rejection of the Bid.
Material or i ment Su Lier Phone #
Play Structures, Swings and Equipment ~ ~ 1
b~S CI"~pt~YVy~+ -~
TVA' S'c7~•~~C)
Picnic Tables, Game Tables, 8c Trash Receptacles
Drinking Fountain
s 7 ~e~x~i~~~
~ri%t/~ ~~T'ir~
•5s 2 - ~.,~3~
Bike Rack ~f)~~~~/ipi.x <~a't> S/5~.~ -793
Benches L~f../~ .SG~zg-~C. ~S
-t/2L 3~ ~S~'
Pervious Concrete r~~S{s orTli//.~C ~.~•~c~/..~i G
/~iCJtilz IXJ- .J-~-3~- /
-r ~
Bidder: ~ 1 1' L
SIGMA
f f 6 ~'~
DA c-
END OF DOCUMENT
City of Cupertino 00460 -1 Schedule of Major Equipment and Materials Suppliers
Sterling Barnhart Park
Project No. 2008-9126
DOCUD~NT 00481
NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE §7106
NON-COLLUSION AFFIDAVIT TO BE EXECI:JTED BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
ss.
COU~~N^^TY OF F-~~no )
Caw .f~~.~'DlM being first duly sworn~~-~~ d~Poses and says that he or she is
..-,~~ ~ ]Office of Affiiant] of Czi1cG_ ~~y-~ca~ri~..t /roc [Name of
Bidder], the party making the foregoing Bid, that the Bid is not made in the interest ot; or on be alf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or
sham; that Bidder has not duectly or indirectly induced or solicited any other bidder to put is a false or sham Bid, and
has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham
Bid, or that anyone shall refrain fiom bidding, and that the Bidder has not in any manner, directly or indirectly, sought by
contract, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any
overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any advantage against the
City of Cupertino, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and
further, that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a
collusive or sham Bid.
Executed under penalty of perjury under the laws of the Stzite o~rf-C-~a~~lif//ornia:
U~i~ C it s2~
(Nance ofBidd
(Signature ofPn
Subscribed and sworn before me
This day of , 2009
Notary Public of the State of
7n and for the County of
My Commission expires-
(Seal)
(If Bidder is a parh~ership or a joint venture, this e~davit must be signed and sworn to by every member of the
partnership or venture.)
(If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit
must be signed by tha Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief
Financial Officer, or Assistant Treasurer.)
(If Bidder's affidavit on this form is made outside the State of California, the otlicial position of the person
taking such affidavit shall be certified according to law.)
END OF DOCUMENT
City of Cupertino 00481 - 1 Non-Collusion Affidavit
Sterling Barnhart Park
Jurat
State of California
County of ~'~c e.Erra-~
Subscribed and sworn to (or affirmed) before me on this ~17~r~ day of `n~y e-N`^V~-~- ,
20 ~ `y by
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Signature ~~~ seat) _
Y JENNIFER L XYDE
Commlaabn ^17Y3'1~3 v
Mahry PteLNe-Cafifornla _v
fmno COttIMy
My Corrrw. E~1/as l~a•dr 30, 7012
OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Tifle or description of attached document)
("Title or description ofatteched document continued)
Number of Pages Document Date
(Additional information)
INSTRUCTIONS FOR COMPLETING THIS FORM
73~e wording of aTT Trusts completed in CaltforMa gJter January I, 2008 must
be to the form as sefjorth within this Jtont T7rars are no exeptlorrr. ;j'a Just
to ba completed does not joTlaw thts form, the notary mart corrsct the
varbtaga by using a,/urat starxp tmntatntng the correct wording or attaching a
saoarate Just faro: such as this arse which does contain proper wording In
ac'ditfon, the notary must require an oath or c~irmatton from the docwneru
sttmar regardGrg the lrutltfirlness of the contents of the document Tyra
dcctansn[ muss be signed AFTER the oath or ¢fJtrnratfon. u'the document was
previously signed, it must ba ra.rigned fn front of the notary public dwtng the
,Jw-at process.
• 3tata end County information must be the State sod County where the
document signer(s) personally appeared before the notary publio.
• Date of notarization must be the date that the signer(s) personally appeared
which moat also bo the name date the just process i9 completed,
• Print the name(s) of doet~ent signer(s) who personally appear at the time of
notarization.
• Siir~natura of the notary public must match the signature on file with the oSica
of the county clulL
• The notary seal impression must be clear and photographically reproducible.
Impression moat sot cover te# or lines. IP seal impression smudges, re-seal if a
suBtieient area permits, otherwise complete a diPlmmnt just form.
4 Additional information is not required but could help to eaauca this
just is not misused ar-attached to a different document.
+} Indicate title or type of attached document, mmtber of pages and date.
• Securelly attach this docunent to the signed document
2008 Version CAPA v19.07 800-873-9865 wwwNotaryClasses.c:om
DOCUMENT: 21104968
Pages: 3
RECORDING REQUESTED BY 111111111111 .. No Fees
City of Cupertino I Copies.. --- AMT PAID
WHEN RECORDED MAIL TO REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER RDE 011
City Clerk's Office Recorded at the request of 3/088 /201 1
City of Cupertino City 2:27 PM
10300 Torre Avenue
Cupertino, CA 95014 -3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
CERTIFICATE OF COMPLETION
ANI)
NOTICE OF ACCEPTANCE OF COMPLETION
STERLING BARNHART PARK
PROJECT 2008 -9126
Original
O For Fast Endorsement
•
1/ City Hall
Irj 10300 Torre Avenue
Cupertino, CA 95014 -3255
< �� . '9s s (408) 777 -3354
CUPERTINO
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
AND
NOTICE OF ACCEPTANCE OF COMPLETION
STERLING BARNHART PARK
PROJECT 2008 -9126
NOTICE IS HEREBY GIVEN THAT I, Timm Borden, Director of Public Works and
City Engineer of the City of Cupertino, California, do hereby certify that the work and
improvements in hereinafter described in the contract which was entered into, by, and between
the City of Cupertino and Elite Landscaping, Inc., December 10, 2009, in accordance with the
plans and specifications for said work, have been completed to the City's satisfaction and
acceptance of completion was ordered on March 1, 2011.
That said work and improvements consisted of furnishing all labor, materials, tools, and
equipment required to complete said project, all as more particularly described in the plans and
specifications for said project.
Director o Public Works and
City Engineer of the City of Cupertino
Date: March 3, 2011
"NO FEE"
VERIFICATION
I have reviewed this Certificate of Completion and Notice of Acceptance of
Completion. To the best of my knowledge, the information contained herein is true and
complete.
I verify under penalty of perjury under the laws of the State of California, that the
foregoing is true and correct.
Executed on the 7th day of March 2011 at Cupertino, California.
I 1 4 '
Kirsten Squarcia
City Clerk's Office
City of Cupertino