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99-107 Watkin & Bortolussi – landscape improvements on St. Crk. & Regnart Rd., Project No. 99-111 CONTRACT FOR PUBLIC WORKS This CONTRACT made on by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and WATKIN & BORTOLUSSI, INC. hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CQNIRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form. b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications d. Faithful Performance and Labor&Material Bonds e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. f. This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be 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. CONTRACTOR agrees to famish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work of LANDSCAPE IMPROVEMENTS as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, LANDSCAPE IMPROVEMENTS ON STEVENS CREEK BLVD. AND ON REGNART ROAD, PROJECT 99-111 are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the purpose of this Contract the City Engineer, Mr. Bert J. Viskovich. CONTRACT PAGE 1 OF 6 . 1. 3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of$89,300.00 (EIGHTY NINE THOUSAND THREE HUNDRED DOLLARS AND ZERO CENTS) subject to additions and/or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting the true value of the work done, or any work omitted, or any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with Section 6, paragraph"f' of the General Provisions. 5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans and Specifications or the Contract Documents, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. No extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties. CONTRACT PAGE 2 OF 6 1 9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. TIME FOR COMPLETION. All work under this Contract shall be completed in accordance with the Time for Completion section in the Proposal and the Specifications of this project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and.unless within ten (10) days after serving of such notice, such violation shall. cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty (30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of; and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. CONTRACT PAGE 3 OF 6 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services rendered and materials furnished in and about the work. City may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY'S Notice to Contractors. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be 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 CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE AVENUE; CUPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or• to CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to Watkin & Bortolussi, Inc., 77 Larkspur Street, San Rafael, CA 94901-4886, postage prepaid and certified; and (c) if notice is given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH 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 CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. CONTRACT PAGE 4 OF 6 r 17. WORKER'S COMPENSATION/ INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all subcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. In signing this Contract CONTRACTOR makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 18. 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 codes 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 and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof; or in, on, or about the same during its construction and before acceptance. 20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or 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 CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within •one (1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. CONTRACT PAGE 5 OF 6 . .N • 1 P.O. No. 21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The alternates chosen would be for any sites currently under construction or to be constructed in the future. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF C 1 ;ER ► !• CONTRACTOR: i/ WATKIN & BORTOLUSSI, INC. By: Cr • AGER Phill•p ort lus i By: Attest: I / / i Notary acknowledgment is required. If a City Clerk corporation, corporate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation a Date: ()al 7 , 199 1 Social Security No. is required. City Clerk 94-1515610 Social Security# Federal Tax I.D. # APPRO i AS TO FO' : / Contractor's License No. 215707 City Attorney PROJECT NAME AND NUMBER: LANDSCAPE IMPROVEMENTS ON STEVENS CREEK BLVD. AND ON REGNART ROAD,PROJECT NO. 99-111 CONTRACTOR'S NAME&ADDRESS: Watkin&Bortolussi,Inc. 77 Larkspur Street San Rafael,CA 94901-4886 CONTRACT AMOUNT: $89,300.00 ACCOUNT NUMBER: $44,650.00/Acct.#215-9620-9300 $44,650.00/Acct.#421-9310-9300 FILE NO: 92,039 CONTRACT PAGE 6 OF 6 J 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .cam. ,Gonwcrvvvwktk c- zea .er. .wace- o g State of California } ss. fi County of NtAlt/nJ 1 0 On / G{^�ia !>L llgR , before me, /t-1140 an IC-44E4 awJ i9ub Ail-'r— ,� Date /� Name and Title of Mer(e.g.,sane Doe.Notary Pub' ) fi personally appeared A/1.-tiT 1;nt osj �5� Name(s)of igner(s) Z- rrersonally known to me ❑ proved to me on the basis of satisfactory • evidence T " ..... ....... ^ ^ ^ ^ A ^^A if to be the person(s) whose name(s) is/are ��—�., ALLAN ISAACSON II j� COMM.#1230827 D subscribed to the within instrument and a� is NOTARY PUSUC.CALIFORNIA acknowledged to me that he/she/they executed Q ;zt MARINcouNry 0 the same in his/her/their authorized My Comm.Expires August 27,2003 dNcnroldrY b capacity(ies), and that by his/her/their 4�� k signature(s) on the instrument the person(s), orei. i • the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. b Place Notary Seal Above Signature of Notary Public OPTIONAL 1Though the information below is not required by law, it may prove valuable to persons relying on the document f, and could prevent fraudulent removal and reattachment of this form to another document. §)Description of Attached Document ! gfi Title or Type of Document: CDNTa4Gy 7"c 47` 9-11/ -. Gro of ('uv6tt-9IN IDocument Date: Number of Pages: Signer(s) Other Than Named Above: f Capacity(ies) ClaimAd by Signer, t Signer's Name: fiflc.CII A0reart alS3j RIGHT THUMBPRINT '.>j OF SIGNER i 0 IndividualTop of thumb here 6 VCorporate Officer—Title(s): j°IZAE5we"NT 0 Partner—0 Limited 0 General 0 Attorney in Fact (¢ 0 Trustee r0 Guardian or Conservator ❑ Other: gSigner Is Representing: 141K1 rJ 1302 TOW SS I/ I AIL. 1 ��i'�'SdY'y .a'� ..a:-- _ ..ns -a=- . .. .t •. - ..n _ a-ear-! air - es e'-aWn'nLC _ - ?Jul ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1800-876-6827 'I / / s soil jti ,.. spit City of Cupertino INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4, 5 AND 6, 1731; FORMS PROVIDED BY IRE CITY OF CUPERTINO MUST BE USED. FORMS 0 11ThR THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE 1. Insurance Agreement -Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Primary Insurance - must be signed by the insurance agent for general liability and automobile liability only. 4. Additional insured endorsement - must be signed by the insurance agent for general liability and automobile liability only. 5. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signedby the insurance agent for general liability • only. 6. Waiver,of subrogation endorsement worker's compensation insurance - must be signed.. by the insurance agent for worker's compensation only. 7. Notice of policy cancellation endorsement - must be signed by the insurance agent or must be on the company's certificate of insurance form for all insurances. . Insurance Forms Instructions Page 1 of 1 Sent By: WATKIN BORTOLUSSI; 415 453 4129; Sep-30-99 13:33; rage ,ora i A • •; •. ter ---.� City of Cupertino INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires j every employer to be insured against liability for worker'scompensation or undertake self-1 insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work The insurer shall waive its rights of ' subrogation against the City, the City's officers, agents andemployees and shall issue an endorsement to the policy evidencing same. 1 1 C. Contractor shall carry at all times, on all operations hereunder, commercial or comprehensive general liability 'insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the•issuance of a certificate ina form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said I insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do b nsiness in the State of California. The Insurers must also have an"A" policyholder's rating and a financial rating of at least Gus VII in accordance with the current Best's Guide Rating. D, Before Contractor performs any work at, or prepares'or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and; policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully,completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by I Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less 1 than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A, Class VII or better. . Worker's Compensation Liability In accordance with the Worker's Compensation Act of the State of California- 51,000,000 per occurrence. Insurance Agreement Page 1 of 2 - Sent By: WATKIN BORTOLUSSI; 415 453 4129; Sep-30-99 13:34; rage 6/14 1 Public Liability- either commercial general liability Combined single limit of 51.0 million per or comprehensive general liability; including occurrence; $2.0 million in the aggregate. provisions for contractual liability, personal injury, independent contractors and property damage coverages. Automobile liability- comprehensive covering Combined single limit of$1.0 million per owned, non-owned and hired automobiles, occurrence. WATKIN & BORTOLUSSI, INC. By: //' / / (Contractor's Name) r Dated: 10/4/99 19� • • • • Insurance Agreement Page 2 of 2 Client#: 1443 WATKIBORTO AGD� RD,, CERTIFICATE ®PLIABILITY INSURANCE 10/01/9 PRODUCER THIS CERTIFICATE IS ISSUED AS A.MATTER OF INFORMATION Arthur J. Gallagher & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA L].c# 0726293 (925) 460-9900 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4301 Hacienda Dr. #300 INSURERS AFFORDING COVERAGE Pleasanton, CA 94588 _ ----- __ INSURED INSURER A:CNA Insurance _ _ Watkin & Bortolussi, Inc. NSURERB.Great American Ins ( Cincinnati )_ 77 Larkspur Street INSURER C: ___ ___.—. San Rafael, CA 94901 INSURER D: I. I INSURER E: COVERAGES THE POUCIES OF INURANCEPOLICY PERIOD ANY REQUIREMENT,TERM ORS TED CONDITION OBELOWF ANY CONTVE BEEN (RACT OR OTHERTO THENSURED DOCUMENT WITH RESPECTNAMED ABOVERTOEWHICH THIS CE TIIFICA EDMAYYTWITBE IISSUEDDING OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -----SURA '--' '-"----'"— --- -- TPOLICYEFFECTIVEPOLICVEXPIRATIONT- NTR TYPE OFINSURANCE POLICY NUMBER DATE FMMIDO/YYI DATE IMM/pD/YYY LIMITS A GENERAL LIABILITY SE1082130183 101/01/99 01/01/00 EACH OCCURRENCE $1, 000, 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any onefIre) $50, 000 CLAIMS MADE( Xi OCCUR MED EXP(Any one person) $5, 000 PERSONAL&A DVINJURY $1,_900,_000 - GENERAL AGGREGATE $2, 000, 000 GEN_AGGRErGATELIMITAPPLIES PER: PRODUCTS-COMP/OPAGG $1, 000, 00 0 7 POLICY(i mi. 7 LOC A AUTOMOBILE LIABILITY IBUA1082130197 01/01/99 01/01/00 (Oa BaccNeD )SINGLE LIMIT $1, 000, 000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) _ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ (Per accident) X NON-OWNED AUTOS SSSS '-- X Drive Other Car PROPERTY DAMAGE $ (Per accident) _GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTOOTHERTHAN EA ACC $ AUTO ONLY: AGO $ B EXCESS LIABILITY TUU2534095 01/01/99 01/01/00 EACH OCCURRENCE $4, 000, 000 XI OCCUR L_1 CLAIMS MADE AGGREGATE $4, 000, 000 $ DEDUCTIBLE s$ RETENTION $ WCSTATU- OTH' WORKERS COMPENSATION AND TORYI WITS FR EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EAEMPLOYEE$ _ E.L.DISEASE-POLICY LIMIT $ OTHER I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Project 99-111 . Landscape Improvements on Stevens Creek Blvd. and on Regnart Road. Certificate Hoalder and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees (See Attached Descriptions) CERTIFICATE HOLDER ADDMONALINSURED'INSIJRERLETlER ___ CANCELLATION - t I., L • ' - • L • 0 - '., in- SHOULD ANYOFTHE ABOVE DESCRIBED POLICES BE CANCELLE D BEFORE THE DEIRATION City of Cupertino DATE THEREOF,THE ISSUING INSURER WILL'[G•NORBIAILl0 DAYSWRITTEN 10300 Torre Avenue NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHE LEPTauximparanaDTSORMICX Cupertino, CA 95014 IIDEBSEXCICILINORICOCKOMICCROSMEIEFTWANDMXIXONERRSINCESSBCIT AUTHORIZEDsamesamosnach • ____ ��,rrREPRESENT TIVE Gega: /./ ACORD o-S umn1 of 3 #M1748 eACORD CORPORATION 1988 1 • IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter.the coverage afforded by the policies listed thereon. ACORD 25-S(7/97)2 of 3 #M1748 DESCRIPTIONS (Continued from Page 1) are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations . Coverage is Primary. Per Project Aggregate. Contractor' s Blanket Additional Insured Endorsement Form #G-17957-F is attached. AMS25.3(07197) 3 of 3 #M1748 5 �s CERTI 'ICATE Or INSURANcg ISSUE 10/01/99 IPRODUCEIf THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Acordia of California CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Insurance Services COMPANIES AFFORDING COVERAGE 525 Market St.,Suite 2200 -- --- - COMPANY San Francisco, CA 94105 LETTER A CALIFORNIA COMPENSATION COMPANY �T El 4 111;9 INSURED LETTER B COMPANY n - --- --- LETTER 1. Watkin& Bortolussi, Inc. COMPANY 77 Larkspur Street LETTER D San Rafael CA 94901 COMPANY LETTER E THIS IS TO CERTIFY THAT TUE 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 CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFF. POLICY EXP. TYPE OF INSURANCE POLICY NUMBER LIMITS DATE(MM/DD/YY) DATE(MM/DD/YY) TR GENERAL LIABILITY GENERAL AGGREGATE COMM.GENERAL LIABILITY PROD-COMP/OP AGG. ,Wiy CLAIMS MADE COCC. PERS.&ADV.INJURY OWNER'S&CONTRACT'S PROT EACH OCCURRENCE FIRE DAMAGE(One Fire) _ MED.EXP.(One Per) AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Persen) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM v 'y antREMEN A W98B184398 11/01/98 11/01/99 X STATUTORY LIMITS15001.'I!..7.,.,..a'S WORKERS'COMPENSATION EACH ACCIDENT 1000000 AND DISEASE-POLICY LIMIT 1000000 EMPLOYER'S LIABILITY DISEASE-EACH EMP. 1000000 OTHER • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS re: Landscape Improvements on Stevens Creek Blvd. and on Regnart Road Project#99-111. Waiver of subrogation in favor of the City of Cupertino, its directors, officers, agents, consultants and employees 4` abite.A't`7,£t(1t btl ... . s 00.141ELLATECIN ;c :;; ' y,.., ::f. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL BNBBkMBRTe-- :< MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Cupertino att: Bert J.Viskovich : •' - - - "^ - 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZ•: • .PRE r AT 'G/�l]/../// el sent by; WA I RIIV CUM I ULUD.71 j v i o 9-aa vita, oor-w-aa , I oya I• ' I `. i ,1°.: A s City of Cupertino WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is I agreed as follows: - • It is agreed that with'respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation it may require against the City of Cupertino. and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above-referenced Contract. POLICY INFORMATION - Compensation enation 11. Insurance Company: • P W98B184398 I 2. Insurance Policy Number: 3. Effective Date of this Endorsement: 9/30/99' 19 4. Insured: Watkin and Bortolussi, Inc. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. • Richard Wahlberg I. �(ptint/type name]I - s warrant that I have authority to bind the below listed Insurance Company and by my signature, ' �hereon do so bind his Company. ����/ - - �J / Signature of Authorized Representative: �v (Original signature required on all Endorsements furnished to the Dis ) Names of Acordia of California Account Manager Agent/Agency: Title: • - • 525 Market St. , San Francisco, CA 94105 415 541-7900 Address: Telephone: 415 541-7195 Facsimile: Submgatlon Eadotsancnt Page 1 of 1 Sent By: WATKIN BORTOLUSSI; 415 453 4129; Oct-1 -99 9:31.; Page 1 AGI 0 4 1999 FAITHFUL PERFORMANCE BOND Bond No. 81613769 KNOW ALL MEN BY THESE PRESENT: THAT WE, Watkin & Bortolussi Inc. as Principal, (contractor's name) and Federal Insurance Company , as Surety, (bonding company's name) are held and firmly bound unto the City of Cupertino, State of California, in the sum of Eighty nine thousand three hundred $89,300.00 lawful money of the United States, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, WHEREAS, the Principal has entered into a contract with the, City dated r9� with the obligee to do and perform the following, work to- wit: Landscape Improvements on' Stevens Creek Blvd. and on Regnart Road, Project 99-111 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 Principal and Surety this 1st day of October , 19 99 (To be signed by Principal and Surety, Notary acknowledgment required) CONTRACTOR Watkin & Bortolussi Inc. P ' cipal Federal Insurance Company Surety Street Address: #2 Embarcadero Center . City, State, Zip San Francisco, CA 94111 By: Attorney-In-Fact Lisa M. Lucas The above bond is accepted and approved this day of , 19� 1 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 . /1101!!1-ere. l!-r— a-or - - a a.l-/J'.�llJr -rl lj/ .11- l State of California County of Alameda On October 1, 1999 before me, Barbara L. Shine DATE NAME,TITLE OF OFFICER-E.G..'JANE DOE,NOTARY PUBLIC' personally appeared Lisa M. Lucas 1 NAME(S)OF SIGNER(S) .`1 ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence ti to be the person(s) whose name(s) is/are ,, subscribed to the within instrument and ac- • knowledged to me that he/she/they executed • <P 0184 e, the same in his/her/their authorized �otao'tPRp�-ve e. capacity(ies), and that by his/her/their \I r signature(s)UM on.the instrument the person(s), • j :lir: or the entity upon behalf of which the ' ck oo� person(s) acted, executed the instrument. l 4l, EDA c0 N. FXwREs sty WITNESS my hand and official seal. 1 1 n 1 �`�% c- 4.,'(//4--r-12-1 1 SIGNATURE OF OTARY S 1 OPTIONAL 1 Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent } fraudulent reattachment of this form. h s, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL k ❑ CORPORATE OFFICER 1 TME(S TITLE OR TYPE OF DOCUMENT 1 ❑ PARTNER(S) ❑ LIMITED • 1 ❑ GENERAL • © ATTORNEY-IN-FACT NUMBER OF PAGES 0 ❑ TRUSTEE(S) 1 0 GUARDIAN/CONSERVATOR 0 OTHER: 1 DATE OF DOCUMENT `kl,l SIGNER IS REPRESENTING: lS 1 NAME OF PERSON(S)OR ENTITY(IES) 11 SIGNER(S)OTHER THAN NAMED ABOVE �y�l1----w— /li/>l�?--e-4 i�lr �d.�i'✓�11� Game) ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Park.CA 91309-7184 Sent By:' WATKIN BORTOLUSSI; 415 453 4129; Oct-1 -99 9:31 ; Page 2/3 u f LABOR AND MATERIAL BOND Bond No. 81613769 KNOW ALL MEN BY-THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and Watkin & Bortolussi 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 Landscape Improvements on Stevens Creek Blvd. and on Regnart Road, Project 99-111 more particularly described in said contract; and incorporated herein by reference. WHEREAS, said principal is required to famish a bond in connection with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of 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, Watkin & Bortolussi Inc. as Principal, (contractor's name) and Federal Insurance Company as Surety, (bonding company's name) 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 fiimishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under the contras 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 hasnot been paid by Principal or by any other person, in the just and full sum of Eighty nine thousand three hundred---$89,30.0.00 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 insure 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. Sent By: WATKIN BORTOLUSSI; 415 453 4129; Oct-1 -99 9:32; Page 3/3 t 4 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, alteration or addition to the terms of the contract or to the work or to the specifications. • IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this 1 cr day of October , 19 99 (To be signed by Principal and Surety. Notary acknowledgments required.) CONTRACTOR Watkin & Bortolussi Inc. */ Principe • Federal Insurance Comnanv Surety Street Address:#2 Fanbarcadero Center City, State, Zip San Francisco, CA 94111 By: *)---1-44--7 ,O1.4---) Attorney-In-Fact Lisa M. Lucas The above bond is accepted and approved this day of , 19_ t CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT No.5907 J"...rr r 11 Irl J r ll 11 11 occr r lI r— -/-r! I' State of California County of Alameda 1 { On October 1, 1999 before me, Barbara L. Shine 1 DATE NAME.TITLE OF OFFICER•E.G..'JANE DOE NOTARY PUBLIC' I it personally appeared Lisa M. Lucas NAME(S)OF SIGNER(S) 'i E. personally known to me - OR - El proved to me on the basis of satisfactory 'evidence to be the person(s) whose name(s) is/are I' subscribed to the within instrument and ac- en A knowledged to me that he/she/they executed • o�..cpsYP4&�•N the same in his/her/their authorized )' _ ca acit les , and that byhis/her/their f) r, 0 s�.. . P Y(� ) sis) on the the -,:a421. ogthtere(ntity uponsbehalf tof whichnthe ,E3' person(s) acted, executed the instrument. • ':i 00 9e 1A6IFORN�P� `t' --4j gMLbA coo",1ti. 1 'FkPoEsst-y WITNESS my hand and Official seal. SGNATURF OTARY 3 ,-;44-4e-c•,, ~Q- `\ 1 OPTIONAL \ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. `,' CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT : ❑ INDIVIDUAL CI OFFICER 11 TITLE OR TYPE OF DOCUMENT 0 T1TLE(5) A • L ❑ PARTNER(S) ❑ LIMITED A LI ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES 1 ❑ TRUSTEE(S) 1 CI GUARDIAN/CONSERVATOR A ,. CI OTHER: A 1 DATE OF DOCUMENT SIGNER IS REPRESENTING: 1 NAME OF PERSON(5)OR ENTITY(IESI ` SIGNER(S)OTHER THAN NAMED ABOVE 11 `y..�r—�r��11'—?1/1�r-.01'/'l..lf1 +11c%..+ .rrr�r+.+�rar iiirii+/e.Cr�,,,ail1Cr'er,") 01993 NATIONAL NOTARY ASSOCIATION•0236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 • • Chubb POWER Federal Insurance Company Attn.: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents,That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint John W. Bowen, A.W. Brown, Jr. , Barbara L. Shine, Andrew Kammerer and Lisa M. Lucas of Pleasanton; California each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surely thereon or otherwise,bonds and undertakings and other writings obligatory In the nature thereof(other than ball bonds)given or executed In the course of business,and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Wbereof,!sald FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and:PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 28 th day of January, 1999 2. nneth C.Wendel, ssis ant Secretary /F k E. kn, iPideM STATE OF NEW JERSEY 1 C County of Somerset ) On this 28th day of January. 1999 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Kenneth C.Wendel being by me duly sworn;did depose end say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANYand knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attomey as.Assistant Secretary of said.Companies by like authority;and that he Is acquainted with Frank E.Robertson,and knows him to be Vice President of said Companies;and that the signatures(Frank E.Robertson;'subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson,and was thereto subscribed by authority of said By-Laws and in deponent's presence. Notarial Seal ,,p. ci THERESA B.CICHOWSKI ' y Notary Public, State of New Jersey #e ..,>,,. m OTAtRY Q No. 0074707 Pl. ° rn Commission Expires July 27, 2001 Notary Public • le PUBLic tiPI 4fre'JL:RR58V CERTIFICATION • Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCECOMPANY,and PACIFIC INDEMNITY COMPANY: 'A11 powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,Jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers: Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and:theseal of the Company may be affixed'by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-In-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such powerof attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I,Kenneth C.Wendel,Assistant Secretary.of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the'Companies,do hereby certify that (I) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies am duly licensed and authorized to transact surety business in all 50 of the United Slates.of America and.the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal end Vigilant are licensed in Puerto Rico and the U.S.Virgin islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren.NJ this 1St day of- October, 1999 •r ��Su ��+�vom EOF� its% --r\mac ,Y s?L 4i4 ti t� \fit` ID o —_ a 0 , _ z �'VDIANI'° NS - EW YO. •' enneth C.Wendel,A istant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3658 e-mail: surety@chubb.com 15-10-0225(Ed.199) CONSENt - EXHIBIT A • Bill PROPOSAL • LANDSCAPE IMPROVEMENTS ON STEVENS CREEK BLVD AND ON REGNART ROAD PROJECT 99-111 TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA Dear Sir: • In compliance with the plans and specifications furnished for the work of the LANDSCAPE IMPROVEMENTS ON STEVENS CREEK BLVD. AND ON REGNART ROAD in the City of Cupertino, PROJECT NO. 99-111, the undersigned, hereby declare that I have read the proposal requirement, visited the sites, and examined the specifications. I, the undersigned, hereby propose to do all work required to complete the work in accordance with the plans and specifications for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes, and transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive any irregularities in the procedures.. The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to complete the LANDSCAPE IMPROVEMENTS ON STEVENS CREEK BLVD. AND ONREGNART ROAD as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to completion as scheduled. I further understand that I shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars ($150.00) per day, for each and every day services are not completed as scheduled and/or specified. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern. Page 1 of 10 E STWATED QUANTI T ILS Base Bid Bid Est.Qty. Unit Item Unit Item Price Total 1. 1 Lump Sum Construct ALL Landscape Improvements on Stevens Creek Blvd. /L.S. Per L.S. 462 $ 'Y'5; GS_50 2. 1 Lump Sum Construct ALL median Landscape Improvements on Regnart Road /LS. $ 1 6Sl9,60 Per L.S. • TOTAL BID $ Z9 goo- 06 • • • • • Page 2 of 10 ., • UNIT PRICE SCHEDULE DESCRIPTION ADD/DEDUCT Site Preparation/Demolition Roadside Clearing $ 1.00 SF Grading - Out $ 8.00 CY Grading - Import $ 23.00 CY • Grading -Export $ 15.00 CY Tree Drainage Hole $ 10.00 EA Site Construction Base Rock $ 25.00 CY - Landscape Planting Fine Grading $ 0.05 SF Mulch S 0.24 SF 15 gallon Tree 3 65.00 EA 5 gallon shrub $ 20.00 EA 1 gallon Shrub $ 6.00 EA Flats $ 0.35 EA Bulbs (per 10 bulbs) 3 1.00 EA Landscape Irrigation 1-1/2" Gate Valve 3 180.00 EA 1"Electric Remote Control Valve $ 180.00 EA 1-1/4" Electric Remote Control Valve $ 190.00 EA 1-1/2" Electric Remote Control Valve $ 200.00 EA 3/4" Plastic Pipe (PR200) Lateral S 2.00 LF 1" Plastic Pipe (PP-200) Lateral $ 2.25 LF 1-1/4" Plastic Pipe (PR200) Lateral S 2.50 LF Page 3 of 10 } •R • DESCRIPTION ADD/DEDUCT Landscape Irrigation (c0,iiiii4 ) 1-1/2" Plastic Pipe (PR200) La cial 3.00 LF 1-1/2" Plastic Pipe (Schedule 40) Main S 3.25 LF 2" Plastic Pipe (Schedule 40) Main S 4.00 LF 2-1/2" Plastic Pipe (Schedule 40)Main $ 5.00 LF 4" Irrigation Sleeve 30" Deep under pavement or concrete S 60.00 LF Toro Bubbler Head Sprinkler (5705-F13) S 40.00 EA Hunter Pop-Up Rotary $ 50.00 EA Toro Pop-Up (12P) S 25.00 EA Toro Pop-Up (6P) $ 23.00 EA Electrical 3/4" Conduit $ 3.00 LF 1" Conduit S 3.50 LF 1-1/2" Conduit 5 4.00 LF Pullbox $ 150.00 EA 12" Deep Trench $ 1.00 LF Rigid metal conduit for electrical service under pavement or concrete 5 75.00 LF Labor Rate Contractor Laborer $ • 45.00 HR Contractor Foreman s 50.00 HR Journeyman Electrician $ 60.00 HR Electrical Helper $ 40.00 HR Plumbers Helper $ 25.00 HR JourneymanPlumber $ 40.00 HR Concrete Foreman $ 50.00 HR Concrete Laborer 5 40.00 HR I, the undersigned, agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned, declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion • orfraud. I., the undersigned, recognize that the Director of Public Works of the City of Cupertino will ' reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. 10% of Bid Amount Attached hereto is the required certified check or bid bond in the amount of S / , as required by law and the Notice to Bidders. (10% of bid amount) l j NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I, the undersigned, being first duly sworn, depose and say that I am President of WATKIN & BORTOLUSSI, INC. (Business Title) (Business Name) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in 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 from bidding. The bidder has not in:any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the 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 public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organ ration, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. } A BIDDER QUALIN•ICATION FORM In further compliance with the specifications furnished, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for 45 years. Our experience in work comparable with that required by the proposal contract is years operating under the following different name(s). • • My California Contractor's License Number is 715707 The classification of my Contractor's License is A, B, C-27 • The expiration date for my Contractor's License is 7/31/01 * (This Section for City use only) * The above information has been verified by on * Contractors State License Board (800) 321-2752 or (408) 277-1244. **************s***************************************t*********************** Where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the.State of California, however, at the time the contract is awarded the contractor shall be properly licensed. f. A BIDDER HISTORY OF WORK The following is an example of work similar in character to that required in the proposed contract which our organization or personnel in our organization has completed within the past three (3) years. For Whom Contact Year Location Type of Work Performed Phone No.. Amount SEE ATTACHMENT 9/27/99 * STATEMENT OF RECENT EXPERIENCE WATKIN BORTOLUSSI, INC lob Nal Name Amount Date Owner/Prime Contact Telephone Fax 435 Foster City Medians 914,380 6/99 City of Foster City Ed Arango 650-286-3289 650-345-4626 397 Dana 85 Bechtel 280,000 5/99 Santa Clara TransitAuth Grant Rhodes 510-829-9220 415-965-2145 431 Mission Medians Daly City 568,421 5/99 City of Daly City Ravi Gehani 650-991-8163 650-991-8243 386 Muni F Line 137,845 5/99 396 Scott Blvd OP 5/99 City of Santa Clara Keith Ones 408-261-5178 408-588-1135 374 CC-242 190,000 4/99 FCI Construction Curt Weltz 925-551-3840 925-551-3855 374 Concord Ave 242 292,214 4/99 402 Hanford 198 399,900 2/99 City of Hanford Teresa Zack 209-585-2550 916-334-0562 369 Middlefield237 274,825 10/98 DeSilva Gates Const . Tom Gunther (415) 965-1407 510-659-9621 407 El Camino Medians 179,573 10/98 City of Millbrae Lamont Klecker (650) 259-2360 415-454-8376 362 King St. Embarcadero 453,628 9/98 Homer J. Olsen, Inc. Doug Kennedy (510) 633-2548 356 Elk Grove 99 232,565 8/98 Granite Const Steve Kessler (916) 855-4400 415 Newark High Stadium 267,180 8/98 916-369-0429 405 Daly City BART 188,095 6/98 City of Daly City Bharat Patel 415-554-8218 400 Shaw99 Fresno 291,916 6/98 CALTRANS Elias A Muhfoud (209) 488-4165 393 Hamilton 17 261,600 5/98 Pavex Const Co Kristen Zuraek (408) 261-3945 510-893-4286 394 Bailey Field SRJC 316,524 3/98 Welborn Assoc Robert Welborn (707) 576-7600 • 377 American Av 99 Fresno 333,833 2/98 CALTRANS Jeff Pallesen (209) 488-4106 415-661-1976 ' 370 Albany 80 157,210 1/98 Kiewit Pacific Co. Chris Villa (510) 686-3030 408-261-3956 366 Fresno 99/180 1,371,080 1/98 CALTRANS Jeff Pallesen (209) 432-2590 344 Suisun 12 480,600 12/97 DeSilva Gates Const Charley Leila (916) 689-0643 510-245-4737 350 Cutting 80 283,145 11/97 Ghilotti Bros Scott Hensler (415) 454-7011 510-633-2549 399 GGP Panhandle 148,650 11/97 SF Golden Gate Parks Larry Wong (415) 661-1979 336 Automall 880 310,250 10/97 DeSilva Gates Ramzi Nassoura (510) 633-9530 415-965-2145 354 NE High School 1,496,500 10/97 Tomasi-Lawry Gwin Stumbaugh (707) 525-5600 415-342-7948 352 Bascom 880 Swall 140,250 4/97 RGW Const Curt Weltz (510) 490-1070 368 Embarcadero Palms 378,950 3/97 SF Bureau of Const Bill Webb (415) 554-8200 373 Pokelma Park 1,122,312 2/97 County of Sacramento Ken Middleton (916) 875-2764 415-285-9243 365 McDonald 80 CCO#10 109,941 1/97 916-875-2720 364 Millbrae 101 133,285 1/97 Contract Surety Con Christine Kam (415) 342-7911 • * List includes contracts for more than$100,000 since 1997. W&B has been in business since 1958, so the actual experience list is quite long, but is available upon request. x . p K • _i • SUBCONTRACTOR'S FORM The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California Business and Professions Code, that I propose to hire to perform any of the work for this project in an amount in excess of one-half of one percent (0.5%) of the total bid are listed below. Only those listed below shall perform work on this project and each of then has been provided with a full and complete set of plans and specifications for this project by the bidder. 1. Name Address Work to be Performed 2. Name • Address • Work to be Performed • 3. Name • Address • • Work to be Performed 4. Name • Address • Work to be Performed • 5. Name • • Address • Work to be Performed • • 6. Name • Address • • • Work to be Performed • • o..,.v n ,.v i n P Yip - BIDDER'S SIGNATURE FORM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO- PARTNERSMT STATE THE COMPANY NAME' AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORAlh SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF NAME OF BUSINESS LANDSCAPING BUSINESS WATKIN & BORTOLUSSI, INC. CORPORATION: YES CO-PARTNERSHIP: INDIVIDUAL: JOLNT VENTURE: OTHER: • (Describe) Name and Signature of Bidder: Phillip Bortolussi or type name) fr- Date: 7/28/99 Address (mailing &location): 77 Larkspur Street, San Rafael, CA 94901-4886 Telephone Number: ( ) 415-453-4691 Aclrnowledgment of all addenda received is required by circling each addendum number. 1 2 3 4 5 6 7 8 9 10 • Page 10 of 10 CITY OF CUPERTINO DEPARTMENT OF PUBLIC WORKS PAVEMENT RESTORATION PROJECT#99-111 FILE: 92,039 LOCATION: STEVENS CREEK BL.AND REGNART RD. BID OPENING DATE: SEPT.28,1999 2:00 P.M. ESTIMATED ENGINEER'S ESTIMATE JENSEN CORP. WATKIN&BORTOLUSSI DESCRIPTION OF WORK QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1. STEVENS CREEK BL. LANDSCAPE 1 LS $ 39,610.00 $ 39,610.00 $ 42,444.00 _ $ 42,444.00 $ 44;650.00 $ 44,650.00 2. REGNART RD. LANDSCAPE 1 LS $ 25,195.00 $ 25,195.00 $ 52,555.00 $ 52,555.00 $ 44,650.00 $ 44,650.00 TOTAL $ 64,805.00 $ 94,999.00 $ 89,300.00 Alll • RECORDING REQUESTED BY - — DOCUMENT: 15135052 Titles: 1 / Pages: 3 Cty of Cupertino WHEN1RECORDED MAIL TO II II 111 1111 III I I II I I I I II Copies. .* No Fees Age15135652x+ AMT PAID City Clerk's Office City of Cupertino BRENDA DAV IS RDE # 002 10300 Torre Avenue SANTA CLARA COUNTY RECORDER 1/27/2000 Cupertino, CA 95014-3255 Recorded at the request of II II AM City 79-407 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOY. CODE 6103 CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION LANDSCAPE IMPROVEMENTS ON STEVENS CREEK BOULEVARD & REGNART ROAD, PROJECT 99-111 N L. Original 0 For Fast Endorsement City Hal] t\ 10300 Torre Avenue Cupertino, CA 95014-3255 CITY OF (408) 777-3354 CUPEISTINO FAX(408) 777-3333 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION LANDSCAPE IMPROVEMENTS ON STEVENS CREEK BOULEVARD &REGNART ROAD,PROJECT 99-111 NOTICE IS HEREBY GIVEN THAT I, Bert J. Viskovich, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements hereinafter described in the contract for doing which was entered into by and between the City of Cupertino and Watkin & Bortolussi Inc., on October 7, 1999, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered by the City Council on January 18, 2000. 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. 4 L4LS i irecto' of P •lic Works and City Engineer of the City of Cupertino January 20, 2000 Printed on Recycled Paper VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 18th day of January 2000 at Cupertino, California. • i6ea—t) Administrative Clerk City Clerk's Office, City of Cupertino