88-003 Herzer Landscaping, Inc., De Anza Blvd and Stevens Creek •
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CONTRACT FOR PUBLIC WORKS
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CONTRACT made on 79d9, by the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and HERZER LANDSCAPING, INC.
,hereinafter called the CONTRACTOR.
• IT IS HEREBY AGREED by the parties as follows:
I . THE CONTRACT DOCUMENTS. The complete contract consists of the
following contract documents :
A. Plans and Specifications for DeAnza Boulevard & Stevens Creek Boulevard
Landscape Improvements, Project 3002
B. Faithful Performance Bond, Gabor 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
sat forth and described herein'.
All of the above documents are intended to cooperate so that any
wmrk called for in one and not mentioned in the other, or vice
nr sa, 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 DeAnza Boulevard and Stevens Creek Boulevard
Landscape Improvements, Project 3002 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, DEANZA BOULEVARD AND STEVENS
CREEK BOULEVARD LANDSCAPE IMPROVEMENTS, PROJECT 3002
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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:
ONE HUNDRED THIRTY TWO THOUSAND AND NO/100 DOLLARS ($132,000.00)
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. 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. PE 'FITS„ COMPLIANCE WITH LAW. The Contractor shall, at his
expense" obtain all, necessary permits and licenses, easements,
etc. , far the construction of the project, give all necessary
notices" gay 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 . II.UBECTION 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,
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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.
S. 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, shall be 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.
ILO. TIME FOR COMPLETION. All work under this. Contract shall be
completed:
FIFTY (50) 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, fire, unusual delay in transportation,
unavoidable casualties or any causes beyond the Contractor' s
control, or by delay authorized by the City, or by any cause which
the City shall determine justifies the delay, then the time of
completion shall be extended accordingly.
This paragraph does not exclude the recovery of damages for delay
by either party under other provisions in the Contract Documents.
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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
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does not give the City written notice of its intention to take over
and perform the Contract, or does not commence performance thereof
within thirty days from the date of the serving of such notice, the
City may take over the work and prosecute the same to completion by
contract, or by any other method it may deem advisable, for the
account and at the expense of the Contractor, and the Contractor
and his surety shall be liable to the City for any excess cost
occasioned by the: City thereby, and in such event the City may,
without liability for so doing, take possession of, and utilize in
completing the work, such materials, appliances, plant and other
property belonging to the Contractor as may be on the site of the
work and necessary therefor.
13. THE CITY' S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to the amount which the City may
retain ander 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
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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.
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14 . NOTICE• AND SERVICE THEREOF. Any notice from one party to
the other under this Contract shall be inwriting, 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 manner: (a) if the notice is given to the City
either by personal delivery thereof to the City Manager of the
City, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to the City, postage
prepaid and certified; (b) if the notice is given to the
Contractor, either by personal delivery thereof to the Contractor,
or to his duly authorized representative at the site of the
project, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to said Contractor at:
16120 ASHLAND AVENUE, SAN LORENZO, CA 94580
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.
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18 . INSURANCE. The Contractor shall not commence work under
this Contract until he has obtained all insurance required by the
City, nor shall the Contractor allow any subcontractor to commence
work on his subcontract, until all similar insurance required of the
subcontractor has been so obtained and approved. The Contractor
shall furnish the City with satisfactory proof of the carriage of
insurance required, and there shall be a specific contractual
liability endorsement extending the Contractor's coverage to
include the contractual liability assumed by the Contractor
pursuant to this Contract and particularly Paragraph 19 hereof.
Any policy of insurance required of the Contractor under this '
Contract shall also contain an endorsement providing that thirty
(30) days' notice must be given in writing to the City of any
pending change in the limits of liability or of any cancellation or
modification of the policy.
(a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take :ut and maintain during the
life of this Contract Worker's Compensation Insurance and
Employer's Liability Insurance for all of his employees employed
at the site of the project and,in case any work is sublet, the
Contractor shall require the subcontractor similarly to provide
Worker's Compensation Insurance and Employer's Liability -
Insurance for all of the latter's employees unless such employees
are covered by the protection afforded by the Contractor.
In signing this Contract the Contractor makes the following
certification, required by Section 1861 of the Labor Codes
"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
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with such provisions before commencing the performance of the
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work of this contract."'
(b) L,IeBIILITY INSURANCE. The Contractor shall take out and
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maintain during the life of this Contract such Bodily Injury
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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 'E, C, and U" exclusions (having to do '
with blasting, collapse, and underground property damage) , which
may arise from Contractor's- operations under this Contract,
whether such operations be by himself or by any subcontractor or
by anyone directly or indirectly employed by either of them and
the amounts of such insurance shall be as follows,
Bodily Injury Liability Insurance in an amount not less than
$300,000.00 for injuries, including accidental death, to any one
person, and subject to the same limit for each person, in an
amount not less than $500,000.00 on account of one accident, and
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Property Damage Liability Insurance in an amount not less than
$200,000.00. The City and its officers and employees, shall be
named as additional insureds on any such policies of insurance,
which shall also contain a provision that the insurance afforded
• thereby to the City, its officers and employees, shall be primary
insurance to the full limits of liability of the policy and that
if the City, or its officers and employees, have other insurance
against a loss covered by such policy, such other insurance shall
be excess insurance only.
19. 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 anytime arise or be set up because of personal injury or damage
to property sustained by any person or persons by reason of, or in
the course of the performance of said work, or by reason of any
infringement or alleged infringement of the patent rights of any
person or persons, firm or corporation in consequence of the use
in, on, or about said work, of any article or material supplied or
installed under this Contract. Notwithstanding the above, the
Contractor shall wherever it is necessary keep and maintain at his
sole cost and expense during the course of his operations under
this Contract such warnings, signs, and barriers as may be required
to protect the public. The provisions of the preceding sentence
shall not impose any liability upon the City and are for the
express benefit of the general public.
20 . HOURS OF 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
during any cue be- required or permitted to work thereon mare than' eight hours
week, excecalendar day
pt, asprovidedbafortynd hours
duanone ring
Code aofnthe
State of California, 'work performed by employees of contractors in
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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
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one-half tiaes.the basic rate of pay, it is further expressly
stipulated that far 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 an
subcontractor under this Contract, for each calendar day during
which said laborer, worker, or mechanic is required or permitted to
work more than eight hours in any one calendar 'day and forty hours
in any one calendar week in violation of the provisions of said
Sections of the Labor Code.
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(d) Any copy of records. made available for inspection as copies
and furnished upon request to the public or any public agency by
the awarding bids, the Division of Apprenticeship Standards or the
Division of Labor Standards Enforcement shall be marked or
obliterated in such a manner as to prevent disclosure of an
individual' s name, address and social security number. The name
and address of the Contractor awarded the contract or performing
the contract shall not be marked or obliterated.
(e) The Contractor shall inform the body awarding the contract of
the location of the records enumerated under subdivision (a) ,
including the street address, city and county and shall, within
five working days, provide a notice of a change of location and
address-.
(f) In the event of noncompliance with the requirements of this
section, the Contractor shall have ten (10) days in which to comply
subsequent to receipt of written notice specifying in what respects
such Contractor must comply with this section. Should
noncompliance still be evident after such ten (10) day period, the
Contractor shall, • as a penalty to the state of political
subdivision on whose behalf the contract is made or awarded,
forfeit twenty-five dollars ($25.00) for each calendar day or
portion thereof, for each worker, until strict compliance is
effectuated. Upon the request of the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement, such
penalties shall be withheld from progress payments then due .
(g) The body awarding the contract shall cause to be inserted in
the contract stipulations to effectuate this section. Such
stipulations shill 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.
7j 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 tc
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.
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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 trainingof 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
lessenthanshonecpprenticeelfora eact h in
fiveo joure neymenl,thee
xcepto be
as
otherwise provided in this section. •
The Contractor or subcontractor, if he is covered by this
section, upon the issuance of the approval certificate, or if he-
lms 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 )
wOrkind 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.
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"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
bthe
Apprenticeship Council. The joint apprentceship committee shall
have the discretion .to grant a certificate, which shall be subject
to the approval of the Administrator of Apprenticeship, exempting a
contractor from the 1-to-5 ratio set forth in this section when it
finds that any one of the following conditions are mets
(a) In the event unemployment for the previous three month period
in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such
area exceeds a ratio of 1-to-5, or
(c) If there is a showing that the apprenticeable craft or trade
is replacing at least one-thirtieth of its journeymen annually
through apprenticeship training, either (1) on a statewide basis,
or (2) on a local basis .
If
assignment oftice
any work conditionerfo hichrmedunwould
r the
jeopardize
oyeesofhthe publicois life at large lifetheif , saspecific fetyor ptaskrto whichl
lthe
apprentice
When such
represents contractorsnin arspecificetrade from thea 1i tot ratiohion
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 dr funds to adminiser and conduct the apprenticeship program
•
in anysuch craft or trade in the area of the site of the public
work, to which fund or funds other contractors in the area of the
site of the public work are contributing, shall contribute to the
ornapprenticesin each craft or on the public workrade in ithewhich
samee amounts orouponythe
•
same basis and in the sane manner as the other contractors do, but
where the trust fund administrators • are unable to accept such
fonds, 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 !Abet Standards Enforcement is authorized to enforce the payment
of edch':tdntributions 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 1081 . . (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 Apprenticeship; and
(2) Forfeit as a civil penalty in the sum of fifty dollars
($50.00 ) for each calendar day of noncompliance. NothWithstanding
the provisions of Section 1727, upon receipt of such a
determination the awarding body shall withhold from contract
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 stake.
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 expresaly stipulated that
the. Contraator shall, as a penalty to the City, forfeit twenty-five
dollat6 •($25.00) for each calendar day,. or portion thereof, for
dach lbboteri workman, or mechanic paid less than the stipulated
:; _preV4iling rates for any work done under this Contract by him or by
ff'ccihy idbconttactot Under work done under this Contract by him or by
•; .- .;7rany subcontractor under him; and Contractor agrees to comply with
1' a11 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 guarded or 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. See the attached Schedule of Payments to
know when 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)
days after the acceptance of completion of such work of improvement
as evidenced by resolution of its governing body, at which time and
not before, the City shall pay to the Contractor the whole of the
remaining ten percent (10%) of said contract price so held back as
provided; said certificates to be furnished by and obtained from
the City's representative shall, before the last Tuesday of each .
month, deliver said certificates under hand to the City, or in lieu
of such certificates, shall deliver to the Contractor, in writing,
under his hand, a just and true reason for not issuing the
certificates, including a statement of the defects, if any, to be
remedied, to entitle the Contractor to the certificate of
completion. In event of the failure of the City's representative
to furnish and deliver said certificates or any of them or in lieu
•
Page 13
•
•
1988 CAPITAL IMPROVEMENT PAYMENT SCHEDULE
QUANTITIES CUT-OFF DATE CHECK RELEASE DATE
FRIDAY 5:00 P.M. FRIDAY
December 18 January 1
January 15 January 29
February 12 February 26
March 11 March 25
April 8 April 22
May 6 May 20
June 3 June 17
July 1 July 15
July 29 August 12
August 26 September 9
September 23 October 7
October 21 November 4
November 18 December 2
December 16 December 30
•
thereof, the writing aforesaid, within ten (10) days after the
times aforesaid, and after written demand has been made upon him
for the same, the Contractor may file demand with the City, and, in
event said certificates are not furnished within ten (10) days
thereafter, the same shall become due and payable.
In case the City's representative delivers the writing aforesaid,
in lieu of the certificates, then a compliance by the Contractor
with the requirements of said writing shall entitle the Contractor
to the certificates.
The payment of progress payments by the City shall not be
construed as an absolute acceptance of the work done up to the time
of such payments, but the entire work is to be subjected to the
inspection and approval of the City, and subject to whatever
inspection and approval may be required by law.
24 . PROTECTION OF PUBLIC UTILITIES. The City shall be
responsible as between the parties to this Contract only, for the
removal, relocation, or protection of existing public utilities, if
any, located on the site of construction, but only if such public
utilities are not identifiedby 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 thepresence
of such utilities on the construction site can be inferred from the
presence of such visible facili-ties 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
p€rforming 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 effects: 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 is expressly authorized
in the Plans and Specifications, in which event the Contractor
unqualifiedly guarantees such lesser quality; and that the work as
performed by the Cbntractor will conform with the Plans and
Specifications or any written authorized deviations therefrom. In
case of any defect in work, materials, apparatus or equipment,
whether latent or patent, revealed to the City within one (1) year
of the date of acceptance of completion of this Contract by the
City, the Contractor' will forthwith remedy such defects without
coat to the City.
27. LIQUIDATED DAMAGES. Time shall be of the essence of this
Contract. If the Contractor fails to complete, within the time
fixed for such completion, the work hereinbefore mentioned and
described and hereby contracted to be done and performed, he shall
' become liable to the City for liquidated damages in the sum of
ONE HUNDRED FIFTY AND NO/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 his 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 •
•
i STATE OF CALIFORNIA On this 12th day of February in the year
• COUNTY OF ALAMEDA 1988 , before me •
PAULINE M. STAFNE a Notary Public, State of California,
duly commissioned and sworn, personally app eared FREDRIC C.
HERZER
personally known to me(or proved to me on the basis of satisfaetory evidence)
to be the President of the corporation
that executed the within instrument, and also known to me to be the
JIIlIIIIIIIIIIIIIIIIIIIIII111illIIIIIIllllIlIIII!!!Iiilllillllllilllllli(IIIII11111[N_ person who executed the within instrument on behalf of the corpora-
- CIFFTCTAL SEAL tion therein named, and acknowledged to me that such corporation executed
PAULINE M. STAFNE E CONTRACT FOR PUBLIC WORKS.
•g:a ci ,�^I::' NOTARY FOp.LIC CALIFORNIA• o the same
t'i.o+�"• ALAMEDA COUNTY
= IN WITNESS WHEREOF I have hereunto set my hand and affixed
My Commission Expires May 8, 1990 Alameda
ad111111II111111111111111111111111!INIIIIIIIIIIIIIIIII!1!IIII!IIIIIIIIIIIIIIIIIIIII my official seal in the County of
Tim deemed,,a„e,,,,,,telSen,,Nd,,,egbeproper,.,ine:,,,,a, 1 o the .at' et-fo h :.aye in this certificate.
. ..v.cenm W n re wry rb.a Y 1h.wH.d b.I.u.n4.eprn lot eve `,-r
. .n..sdan m*on.T ep.<.ehe.trw4T'
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rotm .. n w*atnotes'.. . or,r ..e nm ' \ A • t
telegal "°et
y premsion
Q"""'°`"'° ..Icons
"""9'° enactor..
""°" Notp Public, State of California
Cowdery's Form No.28—Acknowledgement U
to Notary Public—Corporation(C.C.Seca. 1190-1190.1) My commission expires S-$-90
File: 92,049
•
•
• P.O. No.
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
CITY OF CUPERTINO
Approved as to form i/ /"] • ,/'VO'
2.; /A/
May•
Or
ty Attorney City Clerk:
Date/City Clerks
15/Y
•
CONTRACTOR: Herzer Landscaping, Inc.
•
•
Dated: February 12, 1988 .odor :Y
acknowledgment •`redric C. Herzer,
Notary
required.
If a corporation, corporate seal
and corporate notary
acknowledgment required. •
Project. Name and Number:. DeAnza Blvd. & Stevens Creek Blvd. Landscape Improvements
Project 3002
Contractors Names Herzer Landscaping, Inc.
'16120 Ashland Ave. , San Lorenzo, CA 94580
Contract Amounts ' One Hundred Thirty Two Thousand- and no/100 Dollars
($132,000.00)
•
,C6n!ladt. Account Number: 120-3002-953• •
..
•
•
' Page 16 •
STATE OF CALIFORNIA On this 22nd day of Eebruary in the year
• COUNTY OF ASA 1988 — --"-- before me
PAULINE M. STAENE ----- ,a Notary.Public, State of California, .
. FREDRIC C. HERZER
duly commissioned and sworn,personally appeared
•
• personally known to me(or proved to me on the basis of satisfactory evidence)
- to be the -President ----------- of the corporation-.
that executed the within instrument, and also known to me to be the
.. .. person who executed the within instrument on behalf of the corpora-
!IlIIIIIIIIIIIIII!IIOitiiiitIIIilhlIUiiiwtillolillliutll!!Hltilii!!!!!!U111(li_= tion therein named, and acknowledged to me that such corporation executed
OFFICIAL SEAL = _
,_ PAULINE M. STAFNE _ the same
NOTARY AMEDA COUNTY- CALIFORNIA a
AlAMEDA IN WITNESS WHEREOF I have hereunto set my hand and affixed,
My Cammis�ivn Ex0i2s May e,3990 E my official seal in the County of Alait>E°da'
Iillls&II!I!!Thrill!IIIII!11!InII!!UIIIUi1111llillliil!:iilllllIlIIIIIIII!IIIIlll. Its&cart a only a rennil lean etchmay be pugs lc.Ma in••••0. on the date se this certificate.
.............2 a%ne wrya-Wee Y ll.nl.d b tl a.M.wuY 4 n.
\ lo-e a.,rv»r The w<l.i.,m. ""'Amok.'w. nV'
. .nwee.wo.
a. .iviied o �.Al Inn t.i
..SQS.+.na.n wn..l.,.l r,..ewrrine a.am nem c.v.r•.e-.m^^ Notary PublI, State of California
Cowdery's Form No.28—Acknowledgement Na t r 1990
a to Notary Public—Corporation(C.C.Seca. 1190-1190.11 My commission expires
STATE OF California )
'
Santa Clara )ss:
County of )
Onthis 12 February 88
Yday of 19 , before me
Joanne Mauseth
, a Notary Public,
personallyappeared Christie Piert
ppearepersonally known to me(or proved to me on the
basis of satisfactory evidence) to be the Attorney-in-Fact of the Transamerica Premier Insurance
Company and acknowledged to me that he subscribed the name of the Transamerica Premier Insurance
Company thereto and his own name as Attorney-inn t-
ETTATEVW3V,5111/1M924SMINIIMIIIIIPLIINIggill 444444 111
prY''� JOANNE MAi1SETH a
,; .1_ .
i°i;�' 4, NOTARY PUOLIC-CALIFORNIA? "���� � L�� '� t"'�"
" i a a=:. ,rr-+ N Ia Public in andfor thhe County
•I PRINCIPAL OFFICE IN � rY of
S!.
! \e:451. SANTA CLARA COUNTY
F: My Commission Expires May 17, 1991 gSanta Clara California
rar
1t..-xxromnilw,-LI", iAs al.tr zaraginaniena State of
30272
3-85
r 1 ,
TPI 779678
Premium: $2,376
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, Herzer Landscaping, Inc.
as Principal and Transamerica Premier Insurance Company
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of ONE HUNDRED THIRTY TWO THOUSAND AND NO/100 DOLLARS Dollars
($ 132,000.00 ) lawful money of the United States, for the payment
of which will and truly to be made, we bind ourselves, our heirs, executors,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION.of the above obligation is such that,
WHEREAS, the Principal has entered into a contract dated ,
with the Obligee
to do and perform the following work to-wit:
DEANZA BOULEVARD & STEVENS CREEK BOULEVARD LANDSCAPE IMPROVEMENTS, PROJECT 3002
•
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 12 day of February19 88
(To be signed by Principal
and Surety and acknowledgment.) • •
He•%er Landsca.j.. r.
February. 22, 1988 _ �� ��
'incipal
Transamerica Premier InsCo.
Surety
By: 71il/(/r,iLt-f-Q
Attorney-in-Fact Christie Piert
The above bond is accepted and approved this day of , 19
TPS 779678
Premium: Incl. in Pert. Bond
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
Herzer Landscaping, Inc.
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
Transamerica Premier Insurance Company
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or abut the perfor-
mance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and incorporated herein by reference, and all
persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and all persons who
-perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of
ONE HUNDRED THIRTY TWO THOUSAND AND NO/100 DOLLARS
($ 132,000.00 ) .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns,
shall fail to pay for any materials, provisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with -respect to- such work or labor, or any and
all damages arising under the original contract, then said Surety will pay the
same and also will pay in case suit is brought upon this bond, such reasonable
attorney's fee as shall be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies,
and corporations entitled to file claims under Section 1184.1 of the Code of
Civil Procedure, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
STATE OF California
)ss:
County of Santa Clara
, On this 12 day of February 19 88, before me
Joanne Mauseth
, a Notary Public,
personally appeared Christie Piert personally known to me(or proved to me on the
basis of satisfactory evidence) to be the Attorney-in-Fact of the Transamerica Premier Insurance
, Company and acknowledged to me that he subscribed the name of the Transamerica Premier Insurance
Company thereto and his own name as Attorney-in-Ft • .
®'l6Qd 9v:lYf W4FZ0[CIfTGdT" N EiC6➢C.i7SlJIIOMIll1l113F1 �/ /' )/� L _/ /_
:71::‘,..., , JOANNE IMAUSETH g •' / , Ia\/l/L!l/C l/ /)
'zi tl TAP.Y PUBLIC-CACIFQR�IIA= N.y.ry Public in and for the C my of
;,\}".-""2 •i FrINCIPAL C.TICE IN J �j ,�- «:iaT:, C'_r�ACOUNT'! Santa Clara , Stateof California
i? - t.
30272 I- -, i0.4,.... 3.85
STATE OF CALIFORNIA On this 22nd day of February in the year
COUNTY OF AT,AMEDA 1988 before me
PAULINE M. STAFNE a Notary Public, State of California,
duly commissioned and sworn,personally appeared FREDRIC C. HERZER
personally known to me(or proved to me on the basis of satisfactory evidence)
'rn to be the President - of the corporation
that executed the within instrument, and also known to me to be the
person who executed the within instrument on behalf of the corpora-
, JI111111111111116111NmmmIIIIIIIIIItIl011Illllmn!(IlIIalt111A111Nlllflll@t tion therein named, and acknowledged to me that such corporation executed
a OFFICIAL SEAL 2
PAULINE M. STAFNE = the same -
ea r NOTARY PUBLIC - CALIFORNIA IN WITNESS WHEREOF I have hereunto set myhand and affixed
' ALAMEOA COUNTY = Alameda My CpmmissIon Expires May O,1990 _ my official seal in the County of.
II�ItiIIIIIII�Nilln only•oa.IISIII�IIIIOIe.�III...sybe pops. I�IIIIIIIIIIIIIuse in! on the date set ..- • -n this certificate.
I e.g.W nm M aY.>Y wattlb stu..bbY bt —}l�/s /j
.e.oe.,.,a.,.r I..ac..,wew�,w.any••.�+r•,th owns a,s+.aan _IAYI/YIP , x C . / , D
b.SGS..xdor o1 any Vw.xn or re ourobthey or mom bm,.n ref Ward<' l.M,
Cowden/a Form No.28—Acknowledgement Notary Pu�ic, State of California
i to NotaryPublic—Co ration(C.C.Seca. 1190-1190.1) commission May 8, 1990
Corporation My expires Y
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 12 day of February 19 88
• erz; Landscasin. r
February 22 , 1988 01.e'419
'incipal
(To be signed by Principal
and Surety. Notary
acknowledgments required.) Transamerica Premier Insu - Co.
Surety
By: v/ �
Attorney-in-Fact Christie Piert
The above bond is accepted and approved this day of
•
, 19
%2
•
1 - 6/17/85
I -71r Transanerapa Transamerica Premier Insurance Company
�IIIf Administrative 01licc Irvine.California
Insurance Services
N°I 1073
GPA
Power of Attorney valid only if numbered in red.
General Power of Attorney
Know All Men by These Presents,That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the
State of California, and having its administrative office in Irvine, Orange County, California, does by these presents make, constitute and
appoint
CHRISTIE PIERT
of San Jose and State of California its true
and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead,to execute, acknowledge and deliver
CONTRACT BONDS (S.B.A. Guarantee Agreement) - MAXIMUM PENALTY $250,000.00
ALL OTHER BONDS - MAXIMUM PENALTY $10,000.00
"THIS POWER OF ATTORNEY SHALL TERMINATE AND BE
OF NO FURTHER EFFECT AFTER DECEMBER 31, 1988"
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President sealed with the corporate seal of the
Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said
appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance
Company, at a meeting held on the 12th day of June, 1984.
"Be It Resolved,that the President,any Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and
•authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the
following provisions:
"Section 1.Attorney-in-Fact.Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,
• acknowledge and,deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or
obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments
so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate
Secretary."
In Witness Whereof,Transamerica Premier Insurance Company has caused these presents to be signed by its President
and its corporate seal to be hereto affixed this 2nd _ day of
October A.O., 19 87
4ovaitIER by% TRANSAMERIC PREMIER/SURA CQblIPA �
INCORPORATED a
cc
State of California �' JULY 1, 1941
ss.: \
County of Orange �F \
On this 2nd day o CALIFDRNyp October in the year 1987 ,before me
Joan Eagl en , a notary public, personally appeared
Jack M. Trapp , personally known to me to be the person who
executed the within instrument as President , on behalf of the corporation therein named and
acknowledgelitonmewthsti4heticorr oret+onbexer"urednit9
OFFICIAL SEAL =_
JOAN EAGLEN
j" NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN a i 1i_ - L
,:irion^ ORANGE COUNTY = `-4 Notary Public
E My Commission Expires July 15, 1988 2.
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I,the undersigned Secretary of Transamerica Premier Insurance Company hereby certify that th• ..:ve and foregoing is a full,true and correct copy of
the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect.
And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the
following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th
of June, 1984, and that said resolution has not been amended or repealed:
"Resolved,that the signature of the Secretary or any Assistant Secretary of this Corporation,and the seal of Corporation,may be affixed or printed by
facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding
upon this Corporation.”
GIVEN under my hand and the seal of said Company,this 12 day of February
19 88 -
it
THIS POWER OF ATTORNEY EFFECTIVE ONLY IF c " 4'-
ATTACHED TO BOND NO. TPI 77967$ Secretary
anno.A in-Pc
40: CERTIFICL E OF INSURANCE ISSUE DATE
2-11-88
PRODUCER - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
CORROON & BLACK INSURANCE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
BROKERAGE OF SAN JOSE R E +: C 6 06' E LJ
1530 THE ALAMEDA, STE. 100 • COMPANIES AFFORDING COVERAGE
SAN JOSE, CA 95126 COMPANY NORTHBROOK
MAR 1 01988
LETTER A
PI IAI_.sr: tAII-)men
COMPANY
INSURED LEIItR B
HERZER LANDSCAPING, INC. COMPANY `.
MAYNE-TAIN, INC. LETTER
16120 ASHLAND AVENUE COMPANY
SAN LORENZO, CA 94580 LETTER me
COMPANY E -
LEI IER
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.
LTR TYPE OF INSURANCE POUCY NUMBER DA�POLI�,J DEFFECTIVE �q ( ,VppCY ryjNj ALL LIMITS IN THOUSANDS
GENERAL LIABILITY _ GENERAL AGGREGATE $ 2,000 ,
x COMMERCIAL GENERAL LIABILITY nn PRODUCTSCOMP/OPS AGGREGATE $ 2,000
AMS MADE
A TnoCwrPEEJDE BPP0607268 9/1/87 9/1/88 PERSONAL a ADVERTISING INJURY $ 1,000
crams a COI/TRACTORS PROTECTIVE EAE+OCCURRENCE $ 1,000
RRE DAMAGE(ANY ONE FIRE) $ 100
MEDICAL O(PBJSE(ANY ONE PERSON) $ 5
AUTOMOBILE LIABILITY < i -:
x ANY AUTO $ 1,000
;c ,, ti
A x x ALL OWNED AUTOS vF )
SCHEDULED AUTOS CA0607269 9/1/87 9/1/88 ' $
HIRED AUTOS r'-
X NON OWNED AUTOS OMR $ ,i;w'• .'ja!
GARAGE LIABILITY PROPERTY
DAMAGE $ :�e3 xd'y jA+e
EXCESS LIABILITYar' 11 06EA H AGGREGATE
-;` •. $ $
OTHER THAN UMBRELLA FORM
WORKERS'COMPENSATION STATUTORY
$ (EACH ACCIDENT)
AND $ (DISEASE-POLICY LIMIT)
EMPLOYERS'LIABILITY
• $ (OISEASEEADI EMPLOYEE)
OTHER •
•
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
: RE: DeANZA BLVD. & STEVENS CREEK BLVD. LANDSCAPE IMPROVEMENTS
CUPERTINO-PROJECT 3002. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED AS
PER ADDITIONAL INSURED FORM CG20101185 attached. '
CERTIFICATE HOLDER CANCELLATION um L+ 's '' LAN bj!"" a[ MT Wail
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX•
CITY OF CUPERTINO PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
10300 TORRE AVENUE MAIL 3O*DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CUPERTINO, CA 95014 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABI F ANY ND UPON THE CO ANY,GS GENTS OR REPRESENTATIVES.
A REED REP ESENTATIVE
ACORD 25-S(11/85) 0 LIR/ACORD CORPORATION 1985
•
POLICY NUMBER: BPP oov7268
. • COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
•
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
THE CITY OF CUPERTINO, ITS OFFICERS & RE: DeANZA BLVD. & STEVENS CREEK BLVD. ,
EMPLOYEES CUPERTINO-LANDSCAP.E IMPROVEMENTS,
10300 TORRE AVENUE PROJECT 3002 •
CUPERTINO, CA 95014
(If no entry appears above,information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.) .
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
•
•
Other Insurance: Subject to all other terms and provisions of the
policy, such Insurance as provided by this 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.
•
•
•
•
•
•
•
•
CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 0
I ^ .
STATE P.O. BOX 807,SAN FRANCISCO,CALIFORNIA 94101-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
.. 1. FEBRUARY 5/ 1983 POLICY NUMBER: 290-87 UNIT 0000473
CERTIFICATE EXPIRES: 4-1 -83
I r
CITY OF CUPERTINO
BUILDING DEPT
10300 TORRE AVE
CUPERTINO
CA 95014
L
This is to certify that we have issued a valid Workers'Compensationinsurance policy in a form approved by the California
Insurance Commissioner to the employer named below fat the policy period indicated. _
.)0
This policy is not subject to cancellation by the Fund except upon te6;days'advance written notice to the employer.
30
We will also give you TR N(days'advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain,'the insurance afforded by the policies
described herein is subject to all the terms, exclusions and conditions of such policies. /f
PRESIDENT
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE
04/01 /87 IS ATTACHED TO AND FORMS A PART OF THIS POLICY .
I ,
EMPLOYER
r
HERZER LANDSCAPING/ INC
16120 ASHLAND AVE
SAN LORENZO
CA. 94530
L
SCIF 10262(REV.10-86) COPY FOR INSURED'S FILE
OLO 262A