80-046 Kier and Wright Engineering Services for S. De Anza median islandsRESOLUTION NO. 5401
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH KIER & WRIGHT;
ENGINEERING SERVICES FOR SOUTH DE ANZA BOULEVARD MEDIAN
ISLANDS
WHEREAS, the City is desirous of engaging the engineering services of
a consultant to prepare the plans and specifications for the South De Anza
Boulevard Median Islands; and
WHEREAS, the firm of Kier & Wright is qualified and willing to provide
the necessary services; and
WHEREAS, an agreement between the City of Cupertino and Kier & Wright
outlining the terms and conditions of the required services, has been pre-
sented to the City Council; and said agreement having been approved by the
Director of Public Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in behalf of the
City of Cupertino.
.PASSED AND ADOPTED at a_regular meeting of the City Council of the
City of Cupertino this 18th day of August 1980 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Plungy, Sparks, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
��/s / Barbara A Rogers
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
105
MMECA1111111111ACOUNrl,
CIVILGNEER
OI
CIVIL ENGINEERS
And
LAND SIIRVEYORS
Form BM 79-1A OO 1973 by California Council
of Civil Engineers and Land Surveyors
For
STANDARD FORM OF AGREEMENT BETWEEN CLIENT AND CONSULTANT
adopted 1973, revised in 1975,1978 and 1979, by the California Council of Civil Engineers
and Land Surveyors, 1107 Ninth St., Suite 811, Sacramento, California 95814
THIS AGREEMENT, entered into at Cupertino
on the day of 1980 , by and between City of
Cupertino
hereinafter called "client," and Kier & Wright, Civil Engineers and Surveyors, Inc
hereinafter called "consultant," is as follows:
The client intends to Construct Median Islands on De Anza Boulevard from Stevens
Creek Boulevard to Bollineer Road
hereinafter called the "project."
Name:
Business Address:
Residence:
The present record owner is:
The client and consultant for mutual consideration hereinafter set forth, agree as follows:
A. Consultant agrees to perform the following services:
Existing topography; curb design including asphalt, plugs or leveling
courses; construction staking, construction estimates; copy of all field notes;
all required draftine.
B. Client agrees to compensate consultant for such services as follows:
Eleven Thousand Seven Hundred Sixty Dollars ($11,760.00); payments to
be made in monthly progress payments for the work completed during the previous
month.
[Note] —Under provisions of this agreement, a late payment FINANCE CHARGE will be computed at the periodic rate of 0.833% per month,
which is an ANNUAL PERCENTAGE RATE of l0ofo, and will be applied to any unpaid balance commencing 30 days after the date of the original
invoice.
[Note] —Under provisions of this agreement, client agrees to limit the liability of consultant in accordance with §28 of the Standard Provisions set
forth upon the reverse side.
C. The standard provisions set forth upon the reverse side are incorporated hereinto and made a part
of this agreement.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this agreement upon the
terms, conditions, and provisions above stated and on the reverse side hereof, the day and year first above
written.
CONSULTANT: CLIENT:
B "�� B
Y� Y
(Signature) (Signature)
Name Richard T, Kier Nalne
(Print) (Print)
President T .,
STANDARD PROVISIONS OF AGREEMENT
The client and consultant agree that the following provisions shall be a part of their agreement:
1. The client binds himself, his partners, successors, executors, administrators, and assigns to the consultant to this agreement in respect to all of the
terms and conditions of this agreement.
2. Neither the client nor consultant shall assign his interest in this agreement without the written consent of the other.
3. No conditions or representations, altering, detracting from, nor adding to the terms hereof shall b'e valid unless printed or written hereon or evi-
denced in writing by either party to this agreement and accepted in writing by the other.
4. One or more waivers of any term, condition or covenant by the consultant shall not be construed by the client as a waiver of a subsequent• breach of
the same or any other term, condition or covenant.
5. In the event any provision of this agreement shall be held to be invalid and unenforceable, the other provisions of this agreement shall be valid and
binding on the parties hereto.
6. The consultant is not responsible for delay, nor shall consultant be responsible for damages or be in default or deemed to be in default by reason of
strikes, lockouts, accidents, or acts of God; or the failure of client to furnish timely information or to approve or disapprove consultant's work promptly; or
delay or faulty performance by client, other contractors, or governmental agencies; or any other delays beyond consultant's reasonable control.
7. Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to permit pro-
cessing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional
use permits, and building permits; and consultant shall only act as an adviser in all governmental relations.
8. In the event of litigation on this agreement, the interpretation thereof, and all disputes or controversies arising hereunder shall be governed by the laws
of the state of California.
9. In the event that client institutes a suit against consultant because of any failure or alleged failure to perform, error, omission, or negligence, and if
such suit is not successfully prosecuted, or if it is dismissed, or if verdict is rendered for consultant, client agrees to pay consultant any and all costs of de-
fense, including attorney's fees, expert witnesses' fees, and court costs and any and all other expenses of defense which may be needful, immediately follow-
ing dismissal of the case or immediately upon judgment being rendered in behalf of consultant.
10. In the event that litigation be instituted under the terms and conditions of this agreement, the same is to be brought and tried in judicial jurisdiction
of the court of the county in which the consultant's principal place of business is located and client waives the right to have the suit brought, or tried in, or
removed to any other county or judicial jurisdiction.
11. Should litigation be necessary to enforce any term or provision of this agreement, or to collect any portion of the amount payable under this agree-
ment, then all litigation and collection expenses, witness fees and court costs, and attorney's fees shall be paid to the prevailing party.
12. There are no understandings or agreements except as herein expressly stated.
13. All original papers and documents, and copies thereof, produced as a result of this contract, except documents which are required to be filed with
public agencies, shall remain the property of the consultant and may be used by consultant without the consent of client.
14. Services provided within this agreement are for the exclusive use of the client for the project only.
15. Client and consultant agree to cooperate with each other in any and every way or manner on the project.
16. Upon written request, each of the parties hereto shall execute and deliver, or cause to be executed and delivered, such additional instruments and
documents which may be necessary and proper to carry out the terms of this agreement.
17. The terms and provisions of this agreement shall not be construed to alter, waive, or affect any lien or stop notice rights, which the consultant may
have for the performance of services under this agreement.
18. The consultant makes no representation concerning the estimated quantities and cost figures made in connection with maps, plans, specifications, or
drawings other than that all such figures are estimates only and the consultant shall not be responsible for fluctuations in cost factors.
19. Consultant does not guarantee the completion or quality of performance of contract or the completion or quality of performance of contracts by the
construction contractor or contractors, or other third parties, nor is he responsible for their acts or omissions.
20. Consultant makes no warranty, either express or implied, as to his findings, recommendations, specifications, or professional advice except that the work
was performed pursuant to generally accepted standards of practice in effect at the time of performance.
21. Consultant makes no representations concerning soil conditions unless specifically included in writing in this agreement, and he is not responsible for
any liability that may arise out of the making or failure to make soil surveys, or sub -surface soil tests, or general soil testing.
22. Estimate of areas provided under this agreement are not to be considered precise unless consultant specifically agrees to provide the precise determina-
tion of such areas.
23. In the event that any changes are made in the plans and specifications by the client or persons other than the consultant which affects the consultant's
work, any and all liability arising out of such changes is waived as against the consultant and the client assumes full responsibility for such changes unless
client has given consultant prior notice and has received from consultant written consent for such changes.
24. The consultant is not responsible, and liability is waived by client as against consultant, for use by client or any other person of any plans or drawings
not signed by consultant.
25. Consultant has a right to complete all services agreed to be rendered pursuant to this contract. In the event this agreement is terminated before the
completion of all services, unless consultant is responsible for such early termination, client agrees to release consultant from all liability for work performed.
26. Client agrees that consultant will .not perform on -site construction review for this project unless specifically provided for in this agreement, that such
services will be performed by others, and that the client will defend, indemnify, and hold consultant harmless from any and all liability arising from or resulting
from the performance of construction review by other persons.
27. The client agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and
complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property; that this require-
ment shall be made to apply continuously and not be limited to normal working hours; and the client further agrees to defend, indemnify and hold the consul-
tant harmless from any and all liability, real or alleged, in connection with the performance of work on this project, excepting liability arising from the sole
negligence of the consultant.
28. The client agrees to limit the consultant's liability to the client and to all contractors and subcontractors on the project, due to professional negligent
acts, errors or omissions of the consultant to the sum of $50,000 or the consultant's fee, whichever is greater.
29. All fees and other charges will be billed monthly and shall be due at the time of billing unless otherwise specified in this agreement.
30. Client hereby agrees that the balance as stated on the billing from the consultant to client is correct, conclusive and binding on the client unless client
within ten (10) days from the date of the making of the billing notifies consultant in writing of the particular item that is alleged to be incorrect.
31. A late payment FINANCE CHARGE will be computed at the periodic rate of 0.833%n per month, which is an ANNUAL PERCENTAGE RATE of
10%, and will be applied to any unpaid balance commencing 30 days after the date of the original invoice.
32. In the event that the plans, specifications, and/or field work covered by this contract are those required by various governmental agencies and in the
event that due to change of policy of said agencies after the date of this agreement, additional office or field work is required, the said additional work shall
be paid for by client as extra work.
33. In the event of any increase of costs due to the granting of wage increases and/or other employee benefits to field or office employees due to the
terms of any labor agreement, or rise in the cost of living, during the lifetime of this agreement, such percentage increase shall be applied to all remaining
compensation.
work. 34. In the event that any staking is destroyed by an act of God or parties other than consultant, the cost of restaking shall be paid for by client as extra
35. The client shall pay the costs of checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering fees, soils
testing fees, aerial topography fees, and all other fees, permits, bond premiums, title company charges, blueprints and reproductions, and all other charges not
specifically covered by the terms of this agreement.
36. In the event all or any portion of the work prepared or partially prepared by the consultant be suspended, abandoned, or terminated, the client shall pay
the consultant for all fees, charges, and services provided for the project, not to exceed any contract limit specified herein.
37. In the event of any litigation, client agrees to pay to consultant interest on all past due balances at the rate of ten per cent per annum.
38. In the event client fails to pay consultant within thitry (30) days after invoices are rendered, client agrees that consultant shall have the right to con-
sider said default a total breech of this agreement and, upon written notice, the duties, obligations and responsibilities of the consultant under this agreement
are terminated. In such event, client shall then promptly pay the consultant for all of the fees, charges, and services provided by consultant,
■
ATTEST
City, of Cup e r t ig(;V,, City) Clerk
ATTEST:
Mayor, City of Cu
APPROVED AS TO FORM:
City Attorney
Kier and Wright Engineering Services
President
LETTER OF TRANSMITTAL
kW KIER & WRIGHT
CIVIL ENGINEERS & SURVEYORS, INC.
3350 Scott Boulevard, Building 22
Santa Clara, California 95051 • (408) 727-6665
TO: DOROTHY C.ORNE TUS CITY CLERK
CTTY OF CUP RTINO
10300 Torre Avenue
Cupertino, CA 95014
GENTLEMEN:
❑ IMPROVEMENT PLANS
WE ARE SENDING YOU ❑ TENTATIVE MAP
❑ TRACT MAP
FTTE 9-26-80
JOB NO.80173
ENTION Dorothy Cornelius, City Clerk
RE: AGREEMENT - SOUTH DE ANZA BLVD.
MEDIAN ISLANDS
❑ PARCEL MAP
❑ CHANGE ORDER
❑ ADDENDUM
❑ SPECIFICATIONS
COPIES
DATE
DESCRIPTION
2
Signed copies of the agreement by and between City of Cupertino
and Kier & Wright - South De Anza Blvd. Median Islands.
THESE ARE TRANSMITTED (as checked)
❑ FOR APPROVAL ❑ RETURNED
❑ FOR YOUR USE ❑ FOR REVIEW
AND
l� AS REQUESTED COMMENT
❑ FORBIDS DUE
REMARKS
COPY TO
❑ APPROVED AS NOTED
❑ APPROVED AS SUBMITTED
19
❑RESUBMIT_COPIES FOR APPROVAL
❑ SUBMIT COPIES FOR DISTRIBUTION
❑ RETURN CORRECTED PRINTS
❑ RETURNED FOR CORRECTIONS
Cl PRINTS RETURNED AFTER LOAN TO US
SIGNED: Richard T. Kier
If enclosures are not as noted, kindly notify us at once
4
Citil of 1
10300 Torre Avenue
Cupertino, California 95014
Telephone (408) 252-4505
September 23, 1980
James H. Coleman and Associates
Landscape Architects
7523 De La Farge Drive
Cupertino, CA 95014
AGREEMENT — SOUTH DE ANZA BOULEVARD MEDIANS
We are forwarding to you three (3) fully executed copies of the Agreement
by and between the City of Cupertino and James H. Coleman, along with three
(3) copies of Resolution No. 5400. Please sign two (2) copies of the Agreement
and return them to us for our files.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
so
encl.
RESOLUTION NO. 5400
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH JAMES H. COLEMAN
& ASSOCIATES; LANDSCAPE ARCHITECTURAL SERVICES FOR SOUTH
DE ANZA BOULEVARD MEDIANS
WHEREAS, the City is desirous of engaging the services of a landscape
architect to prepare the plans and specifications for landscaping the South
De Anza Boulevard medians; -and
WHEREAS, the firm of James H. Coleman & Associates is qualified and
willing to provide the necessary services; and
WHEREAS, an agreement between the City of Cupertino and James H. Coleman
& Associates outlining the terms and conditions of the required services, has
been presented to the City Council; and said agreement having been approved
by the Director of Public Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in behalf of
the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 18th day of August 1980 by the following vote:
Vote Members of the City Council
AYES: Gatto, Plungy, Sparks, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/s/ Dorothy Cornelius
City Clerk
APPROVED:
/s/ Barbara A. Rogers
Mayor, City of Cupertino
0
TES
MEMBER AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS
,tr Bert Viscovich
Director of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Bert:
CITY IDFI C PE RINO
A U G 1 J 1960 LANDSCAPE
ARCHITECTS
EL CUPERTINO. CA 91 1+a
40E 252-Fat.
7523 De La Farce Drive
12 Aucrust 19PO
Pe: Landscaping?, S. D Anza
!.>1vd. i.edians, atevens
Creek 'lvd to Bollinger woad.
This letter is to propose an Agreement hetweeri the City of Cupertino
and James H. Coleman & Associates for the performance of landscape
architectural services on the subject project -- the medians in the
center of S. De Anza Blvd. between Stevens Creek 13lvd. and bollinaer.
Road.
PURPOSE is to develop a unique median landscape plan creating a
pleasant atmosphere for travel through Cupertino either by vehicle
or foot, etc. The plan shall integrate with the i+nproved landscaping
along N . De Anza Boulevard.
SCOPE of the services to be provided to the City includes comprehensive
design services which include comparison and selection of basic
systems, design development, estimates of probable construction costs,
contract drawings and specifications and observation of construction.
WE [SILL PROVIDE complete landscaping O rawinos and specifications
including planting and automatic irrigation plans together with
details for landscape construction appurtenances which may be
proposed by us. Cur estimate of construction costs will also be
provided with the preliminary and again with the final comprehensive
drawings. Fifteen hours observation of construction, inspection of
materials, preparation of punch lists or other assistance in the gen-
eral construction administration of the project is included.
COMPENSATION for this work will he a total of $11,500. (Eleven
thousand, five hundred dollars;. Projected landscaping construction
cost is $144,000...
BILLINGS will be submitted at completion of each phase or monthly
approximately to the schedule below:
2ay of the total fee at completion of schematic design phase
40o' of the total fee at completion of design development.phase
90% of the total fee at completion of construction document phase
9570 of the total fee at completion of bidding phase
100% of.the total fee at completion of construction phase
LANDSCAPE ARCHITECTS
tff�'�kst 5H
CUPERTINO, CA. 95014
408 252-86fl
7523 De La Farge Drive
WES H. COLEMAN & ASSOC
MEMBER AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS
Page 2, Ltr to Bert Viscovich, 12 Aug 80, Re: Landscaping De Anza Blvd.
THE CITY OF CUPERTINO SHALT. -PROVIDE drawings of the the areas to be
designed at the desired scale. Obstructions to remain and utilities
etc. effecting the planning shall be accurately shown on the plots.
EXTRA SERVICES include preparation of models, special graphics, or
art work, brochures and other promotional materials, perspective
renderings, details of other than planting, irrigation, concrete,
masonry and wood construction designed by us and attendance at
formal governmental meetings beyond two. Following the completion
and acceptance of any work, changes requested by you to work previ-
ously approved would be considered extra services.
ADD ITIONAt SERVICES will be billed on the basis of 2.5 times Direct
Technical Personnel Costs or -at the Principals rate of $48.00 per
hour.
REPRODUCTION of extra copies of the plans and specifications for
bidding etc. may be done by the Landscape Architect and will be
charged at cost.
ABANDONMENT OF PROJECT: In the event that the project is abandoned
or set aside, we will bill you for the work already done; total fee
not to exceed the amounts set forth under compensation for the phase
during which abandonment or delay occurs.
ACCEPTANCE OF AGREEMENT: The return of the original or copy to this
office with authorized signature affixed in the space provided shall
constitute the acceptance of this agreement and will give us authori-
zation to proceed with the work.
Sincerely,
J 1u� .
C OLEMAN
J� _E{S H . C OLEMAN & ASSOCIATES
Landscape Architect Certificate #1039
APPROVED AND ACCEPTED: this day of 1980.
by.
the county of Santa Clara,
lffyor�', City of Cup rti
Attest; � jv
City Clerk IV
for the City of Cupertino. Signed in
State of Califoria.
Jamey-H. Coleman & Associates
AP,PROVED AS TO FORM
J4,uw 4 &�_tt
City Attornev
citil of C"Pertino
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
Attention: John J. Shooter, President
Shooter and Butts, Inc.
1129 Huff Avenue
Mountain View, CA 94043
SOUTH DE ANZA BOULEVARD MEDIAN LANDSCAPING, PROJECT 80-05
P.O. Box 580
Cupertino, California 95015
We are enclosing to you for your files a fully executed copy of the
Agreement by and between the City of Cupertino and Shooter and Butts, Inc.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
0
CONTRACT FOR PUBLIC WORK
CONTRACT made on
J
CITt OF CT,N'i(5 "'
PUBLIC t'JORf
RECEIVED.
by the CITY OF CUPERTINO, a municipal corporation of the State of
California, hereinafter called the City, and SHOOTER & BUTTS,
INCORPORATED, hereinafter called the Contractor.
IT IS HEREBY AGREED by the parties as follows:
1. THE CONTRACT DOCUMENTS. The complete Contract consists of
the following contract documents:
1. Plans and Specifications for South De Anza Boulevard Median
Landscaping, Project 80-05
2. Faithful Performance Bonds, Labor and Materials Bonds,
Insurance Certificate
3. This Contract
4. Bid proposal referred to as Exhibit A
Any and all obligations of the City and the Contractor are
fully set forth and described herein.
All of the above documents are intended to cooperate so that
any work called for in one and not mentioned in the other, or vice
versa, is to be executed the same as if mentioned in all of said doc-
uments. The documents comprising the complete contract are sometimes
hereinafter referred to as the Contract Documents. In case of conflict
between the Plans and Specifications on the one hand, and this Con-
tract 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 South De Anza Boulevard Median Landscaping Project
80-05 as called for, and in the manner designated in, and in strict
conformity with, the Plans and Specifications prepared by the
following named person: Mr. Bert J. Viskovich, Director of Public
Page 1
Works and adopted by the City, which Plans and Specifications are
entitled, respectively, South De Anza Boulevard Median Landscaping,
Project 80-05 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 and control 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 the following named person: 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: Two Hundred Fifty -Nine Thousand Eight Hundred
Nine -One and 75/100 Dollars ($259,891.75)
subject to additions and deductions as provided in the Contract
Documents.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dis-
pute arise respecting the true value of any work done, of 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 A-
merican Arbitration Association if the parties are unable to agree.
5. PERMITS; COMPLIANCE WITH LAW. The Contractor shall, at his
expense, obtain all necessary permits and licenses, easements, etc.,
for the construction of the project, give all necessary notices, pay
all fees required by law, and comply with all laws, ordinances, rules
and regulations relating to the work and to the preservation of the
public health and safety.
6. INSPECTION BY THE CITY. The Contractor shall at all times
maintain proper facilities and provide safe access for inspection by
the City to all parts of the Work, and to the shops wherein the work
is in preparation. Where the Specifications require work to be spe-
cially tested or approved, it shall not be tested or covered up with-
out 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,
deviations, additions or omissions from the Specifications or Plans or
Page 2
other 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 val-
uation, 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 a-
gencies 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 Fed-
eral statutes and regulations after the Contract has been awarded or
entered into. The Contractor shall be paid for by such changes either
by reference to the unit prices, if applicable, or in accordance with
the agreement of the parties, or in accordance with the rules of the
American Arbitration Association if the parties are unable to agree.
9. TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract
may be terminated, amended or modified, with the mutual consent of the
parties. The compensation payable, if any, for such termination, a-
mendment 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 Arbitra-
tion Association if the parties are unable to agree.
10. TIME FOR COMPLETION. All work under this Contract shall
be completed:
Within Fifty Working Days after Award 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, lock-
outs 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 Doc-
uments.
11. INSPECTION AND TESTING OF MATERIALS. The Contractor shall
notify the City a sufficient time in advance of the manufacture or
Page 3
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 Con-
tractor.
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 ter-
minate the Contract, such notice to contain the reasons for such in-
tention to terminate the Contract, and, unless within ten days after
serving of such notice, such violation shall cease and satisfactory
arrangements for correction thereof be made, the Contract shall, upon
the expiration of said ten days, cease and terminate. In the event of
any such termination, the City shall immediately serve written notice
thereof upon the surety and the Contractor, and the surety shall have
the right to take over and perform the Contract; provided, however,
that, if the surety within fifteen days after the serving upon it of
notice of termination does not give the City written notice of its
intention to take over and perform the Contract, or does not commence
performance thereof within thirty days from the date of the serving of
such notice, the City may take over the work and prosecute the same to
completion by contract, or by any other method it may deem advisable,
for the account and at the expense of the Contractor, and the Con-
tractor 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, with-
out liability for so doing, take possession of, and utilize in comp-
leting the work, such materials, appliances, plant and other property
belonging to the Contractor as may be on the site of the work and
necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to the amount which the City may
retain under Paragraph 21 of this Contract until the final completion
and acceptance of all work covered by the Contract, the City may
withhold from payment to the Contractor such an amount or amounts as
in its judgment may be necessary to pay just claims against the Con-
tractor 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 dis-
cretion. In so doing, the City shall be deemed the agent of the Con-
tractor, and any payment so made by the City shall be considered as a
payment made under the Contract by the City to the Contractor, and the
City shall not be liable to the Contractor for any such payment made
in good faith. Such payment may be made without prior judicial deter-
mination of the claim or claims.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the
other under the 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
Page 4
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:
1129 Huff Avenue, Mountain View, CA 94043
postage prepaid and certified; and (c) if the notice is given to the
surety or any other person, either by personal delivery to such surety
or other person, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to such surety or person, as
the case may be, at the address of such surety or person last com-
municated 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 Spec-
ifications must be met by Contractor, unless the City agrees in
writing to some other material, process or article offered by Con-
tractor 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 Con-
tract. 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 ma-
terials, 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 pay-
ment of a reasonable attorney's fee to be fixed by the court in case
suit is brought upon the bond.
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 ex-
tending the Contractor's coverage to include the contractual liability
Page 5
assumed by the Contractor pursuant to this Contract and particularly
Paragraph 19 hereof. Any policy of insurance required of the Con-
tractor under this Contract shall also contain an endorsement pro-
viding 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 can-
cellation of modification of the policy.
(a) WORKMEN'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take out and maintain during the life
of this Contract Workmen's Compensation Insurance and Employer's Li-
ability 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 Workmen's Compensation In-
surance 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 cer-
tification, required by Section 1861 of the Labor Code:
"I am aware of the provisions of Section 3700 of
which require every employer to be insured against
workmen's compensation or to undertake self insurance
with the provisions of the code, and I will comply
visions before commencing the performance of the
contract."
-the Labor Code
liability for
in accordance
with such pro -
work of this
Page 6
(b) LIABILITY INSURANCE. The Contractor shall take out and
maintain during the life of this Contract such Bodily Injury Liability
and Property Damage Liability Insurance as shall protect him 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 including what are commonly known as the "X, C,
and U" exclusions (having to do with blasting, collapse, and
underground property damage), which may arise from Contractor's
operations under this Contract, whether such operations be by himself
or by any subcontractor or by anyone directly or indirectly employed
by either of them and the amounts of such insurance shall be as
follows:
Bodily Injury Liability Insurance in an amount not less than
$300,000.00 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 Property Damage Liability Insurance in an amount
not less than $200,000. The City and itsofficers 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 any
time arise or be set up because of personal injury or damage to prop-
erty 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 WORK. Eight hours
day and forty hours of labor during
stitiute the maximum hours of service
and it is expressly stipulated that
employed at any time by the Contractor
contractors under this Contract, upon
of labor during any one calendar
any one calendar week shall con -
upon all work done hereunder,
no laborer, workman, or mechanic
or by any subcontractor or sub -
the work or upon any part of the
Page 7
work contemplated by this Contract, shall be required or permitted to
work thereon more than eight hours during any one calendar day and
forty hours during any one calendar week, except, as provided by Sec-
tion 1815 of the Labor Code of the State of California, work performed
by employees of contrators in excess of eight hours per day and forty
hours during any one week shall be permitted upon public work upon
compensation for all hours worked in excess of eight hours per day at
not less than one and one-half times the basic rate of pay. It is
further expressly stipulated that for each and every violation of
Sections 1811-1815, inclusive, of the Labor Code of the State of Cal-
ifornia, all the provisions whereof are deemed to be incorporated
herein, the Contractor shall forfeit, as a penalty to the City, twen-
ty-five Dollars ($25.00) for each laborer, workman, or mechanic em-
ployed in the execution of this Contract by Contractor, or by any
subcontractor under this Contract, for each calendar day during which
said laborer, workmen, 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.
The Contractor, and each subcontractor, shall keep an accurate
record showing the names of and actual hours worked each calendar day
and each calendar week by all laborers, workmen, and mechanics em-
ployed by him in connection with the work contemplated by this Con-
tract, which record shall be open at all reasonable hours to the in-
spection of the City or its officers or agents and to the Division of
Labor Law Enforcement of the Department of Industrial Relations of the
State of California.
21. WAGE RATES. Pursuant to the Labor Code of the State of
California, or local law thereto applicable, the City has ascertained
the general prevailing rate of per diem wages and rates for holidays
and overtime work in the locality in which this work is to be per-
formed, for each craft, classification, or type of laborer, workman,
or mechanic needed to execute this Contract. The prevailing wages so
determined are set forth in the Specifications and made a part hereof.
Neither the notice inviting bids nor this Contract shall constitute a
representation of fact as to the prevailing wage rates upon which the
Contractor or any subcontractor under him may base any claim against
the City.
It shall be mandatory upon the Contrator, and upon any subcon-
tractor under him, to pay not less than the said specified rates to
all laborers, workmen, and mechanics employed in the execution of the
Contract. It is further expressly stipulated that the Contractor
shall, as a penalty to the City, forfeit twenty-five dollars ($25.00)
for each calendar day, or portion thereof, for each laborer, workman,
or mechanic paid less than the stipulated prevailing rates for any
work done under this Contract by him or by any subcontractor under
him; and Contractor agrees to comply with all provisions of Section
1775 of the Labor Code.
In case it becomes necessary for the Contractor or any subcon-
tractor to employ on the project under this Contract any person in a
trade or occupation (except executives, supervisory, administrative,
Page 8
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 Con-
tractor with the minimum rate based thereon. The minimum rate thus
furnished shall be applicable as a minimum for such trade or occupa-
tion 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 proper-
ty. The safety provisions of applicable laws, building and construc-
tion codes shall be observed. Machinery, equipment, and other hazards
shall be guarded or eliminated in accordance with the safety pro-
visions of the Construction Safety Orders issued by the Industrial
Accident Commission of the State of California.
23. PAYMENT. Not later than the first day of each calendar
month, the City will make partial payment to the Contractor on the
basis of a duly certified approval estimate of the work performed and
materials incorporated in the project, during the preceding calendar
month, by the Contractor, but the City will retain ten percent (10%)
of the amount of each of said estimates until the expiration of
thirty-five (35) days from the date of recording by the City of notice
of acceptance of completion of all work covered by this Contract, if
such notice be recorded within ten days after the acceptance of
completion of such Contract as evidenced by resolution of its
governing body; or, if such notice be not so recorded within ten days,
until the expiration of ninety-five (95) 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 his
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 or
certificates. In event of the failure of the City's representative to
furnish and deliver said certificates or any of them, or in lieu
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 entitled the Contractor to the
certificates.
The payment of progress payments by the City shall not be cons-
trued 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 inspec-
Page 9
tion 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 respon-
sible, as between the parties to this Contract only, for the removal,
relocation, or protection of existing public utilities, if any, lo-
cated on the site of construction, but only if such public utilities
are not identified by the City in the Plans and Specifications made a
part of the invitation for bids. The City shall compensate the Con-
tractor for costs incurred in relocating or repairing damage to util-
ity facilities not indicated in the Plans and Specifications, other
than service laterals when the presence of such utilities on the con-
struction site can be inferred from the presence of such visible fa-
cilities as buildings, and meters and junction boxes on, or adjacent
to, the construction site. The Contractor shall not be assessed li-
quidated 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 re-
moval or relocation of the existing utility facilities. If the Con-
tractor while performing the Contract discovers utility facilities not
identified by the City in the Contract Plans and Specifications, the
service laterals as hereinabove described, he shall immediately notify
the City in writing.
25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor
shall not be responsible for the cost of repairing or restoring damage
to the work caused by an act of God. NEVERTHELESS, the Contractor
shall, if the insurance premium is a separate bid item, obtain the
insurance to indemnify the City for any damage to the work caused by
an act of God. "Acts of God" shall include only the following occur-
rences 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 Cali-
fornia or by the President of the United States, or were of a mag-
nitude at the site of the work sufficient to have caused a proclama-
tion 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 equip-
ment or any part thereof, or in, on, or about the same during its
construction and before acceptance.
26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly guar-
antees the first-class quality of all workmanship and of all mater-
ials, apparatus, and equipment used or installed by him 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 the Contractor unqualifiedly guar-
antees such lesser quality; and that the work as performed by the
Contractor will conform with the Plans and Specifications or any
written authorized deviations therefrom. In case of any defect in
work, materials, apparatus or equipment, whether latent or patent,
revealed to the City within one (1) year of the date of acceptance of
completion of this Contract by the City, the Contractor will forthwith
remedy such defect or defects without cost to the City.
Page 10
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 Fifty and no/100 dollars
($50.00), for each and every 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 the Contractor hereunder, or his assigns and successor
at the time of completion, and 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.
IN WITNESS WHEREOF,
duplicate, the day and year
Approved as to form
City Attorne�.y
the parties have executed this Contract, in
first hereinabove written,
I�TY O C PERTI
M a
t�l
Notary acknowledgement required.
If a corporation, corporate seal
and corporate notary
acknowledgment required.
City Clerk:
CONTRACTOR: SHOOTER & BUTTS, INC.
By : f
Jo J. Shooter, President.
Page 11
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On , 19 , before me, the undersigned, a
Notary Public in and for said State, personally appeared
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
VITNESS my hand and official seal.
`otary Public in and for the County
of Santa Clara, State of California
----------------------------------------------- =----------------------------
CORPORATION ACKNO[''LEDGEMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
On June 16 19 81 , before me, the undersigned, a
Notary Public in and for the said State, personally appeared
John J. Shooter
. known to me
to be the President of Shooter & Butts, Inc. , the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
]!it fill 11111ou cc toil 111 III -.I 11111. cco 1121113131111111111®
OFFICIAL SEAL
B. R. SCHLEEF
"a'3ym� NOTARY PUBLIC — CALIFORNIA
COUNTY OF SANTA CLARA
Comm. Exp. Jan. 14, 1985
�Io111nu11uumulnuunuelnlennllnlnlnune�
Notary Public in fnd fbr the County
of Santa Clara, Sate Pf California
l,�Y"e 'Y� 1..r •L= ' � y� 3tNc.� .Y'�'fa- "rV' II--,
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t7 {' =' S. .-n �'d.'" t-3r4. f+�.. .'�. ai..aaorra 72•r F Y '7 s y if+ -��. .. k t -
aT�, w. .. I
'�'y� , .r3 !.._ � s?t''t+' t ,y ..,'i�t5�M1a t�� - y � - I w5.i yf'.�•*., �.y.� <: r
� ....�4 z;,y'p ! ♦ r—"a Lsc 'acv }fi •�/..li f �r� ,n,ttx �";'r�.-.�� �<
-fin+ r e s, r T .+ w��5 t h.+e . 1�3 yT� [ �� v •yl ff$� �i 7 is t r
•a' Jk .i•'�? T r .h :'•C�5%. '�`.3�'" IRA
ZM
?Iaad' camp lete :fa TiireeAW
�
..
J� Tx t r • Thoitsancl' Five- -Hundred
Eigh't':'And 'No/100..
�,, ti, � f - -Dollars/s....S Y...} a '✓� � �-
Pro�ide:'for removal of .P C.C: l�
r
island cag.to native.-grouad: '
_ L ;complete for Three Thousand'`
"Two Hundred=Six 'And No/100 -+ F
:...._ 3., 206-.-.00 .
Dollars/-
' 4 m -,100 L E Provide and install .2 moistures f
.. c
.p. _ y . .•, _ v ,
�z
barrier comple.te .`andn::.phace
for Three Thousand Four `Hundred
Twenty Three And No/100 1.63 /L.F. $ 3,423.00
Dollars/L:F.
Proposal 1/7
SOUTH DE AN'ZA-BOULEVARD--STEVE;�S .CREEK BOULEVARD TO BOL_LINGER`ROAD
". MEDIAN AND LANDSCAPING IINSTALLATION
PROJECT 80-05cl
EXHI-RIT A-,
o Tie Director of Public- Works ---City of Cupertino,:. State of California
Dear SiL
In carrpl�ance with the specifications fuiaiA d. foT the:•Project05.,- I; .'the.;under
, signed, hereoy declare that I have: read-,the..p=oposal regi I_ eu�ents and liiereby propose:;
to do :all work required to compaete the said: work ; in. accordance' wi..tlr:= the Specifications .
andIor,. Plans fortne amounts set E.ortn.: nereia-on -ttie incorporated schedule.:
3;ie Ease Bid �'nall include''all .worir:,and requireme-iics de 'cribed in .the 4Cantract , boctmeats, .. , .
Spec•Izcatigns and Dravirgs, except items' desc ibed:.In Lhek h Alternate Bid
-.t-em, - a�.' .r �j y.:.. 'Sf 1 J3 ` T..:, t+,.. 4 i» _.. ,s'2•
In genesal; the:. wozk :'shall_'be to provide- `and install extruded curb and .al,l,- irrigat#on
and p7art :ig c.or:k as °=called f-or the Pl'ans-'.or`;'ouz-, I ed_ in ,the,SpeciLicatious:
wzz�c scull 'De dd.ne iz-a{wor anship liKe fanner .and: saa, i meet or -exceed--"he Atandazds�
peied r '
q� x : 5 e ; a.•,t a.'" � �+, ') � e� �Y . � � . � ' � t�,Ky � a T . � 'jam ;e.*� Y`'i' �} 5 ,.�' W� l� �' .. ?.
:r '�` r x�. asp � f ti `,r � �< n' � .t �"�,�-'' {��� °z'+ f -:'i � '.k: • �
d.- 8 e r :tii : -' . s.. •. < s;. +>rr ♦ art"3''`-i"` fix+: `t.
3�-�dn tie font ai" D�s i u3r z ^;�
_ �Q d of sna1J. be o tie 6-� c. -_ �. ti qualified
bid ri '�'S.72SFBL C'c2: C'ty. C�L1IIC°�1.'re8�r�7�5 t11el.L.� l� re e.Gt r 07," lfi 1dS
4iiezzaze�n 42�s� saii fle avazded inequ+ierrce geitl�e�`axd: itemis`'oo$-�"
�sidezed: by tre d A:bunC1 F +'#Ko �r#� i `3. �i �c't`+ +g r' "� ? t
..�.� _�_�-,:i,-.c _ :,� Ew.. t _ . Yea _u�,x o.� �7�"_'i •i y +Y�.r° _.'' i •t= 'IAI
- s -y _ x.- ,ay.+ `',n't` 4
't
•Izd'e `for 'rem+
eaea-t`s -aL .�
BID EST. QTY
ITEI4 UNIT
5. 4.1110 L.F.
M
7.
go
2,475 L.F.
800 L.F.
2,200 L.F.
9. 2 -Each
10. 15 Each
PROPOSAL, continued
ITEM
Provide and install P.C.C.
island curb complete..and
in place far Fifteen Thousand
Six Hundred Eiahteen And
No/100
Dollars/L.F.
Provide and install temporary
6" island curbing complete and
in place for Five Thousand One
Hundred Ninty Seven And 50/100
DOLLARS/L.F.
Provide and install 2" rigid
conduit with nylon pull rope
in pavement areas complete and'
in place for Twenty Seven
Thousand Eight Hundred An
No/100..
Dollars/L.F_
Provide and install 2" rigid
conduit with nylon pull rope in
island locations complete and
place for Eight Thousand
Thirty And No/100 ........
Dollars/L _F._
Provide and install. no. 6 pull
boa compiete and 'in place for
Three Hundred Seventv Six
And No/100
Dollars/Each,
provide and install. no . 5 pull
box complete and in place f or
Two Thousand One Hundred
Fifty Six and 25/100 .
Dollars/Each
11. 200 Ton Provide and install asphalt
concrete overlay including prime
coat complem for Ten Thousand
Six Hundred And No/100 .......
Dollars/Ton.
UNIT
PRICE TOE,
3.80 /L.F. $ 15,618.00
2.10 /L.F. $ 5,197.50
34:75
/L.F. $ 27,800.00
3.65 /L.F. $ 8,030.00
188.00 /Each, $ 1
376.00
PROPOSAL, continued
BID EST. QTY UNIT
ITEM UNIT ITEM PRICE TOMI,
12. 300 S.F. Provide and install P.C.C.
at island nose complete and
in place for One Thousand
Two Hundred Twenty Seven And
No/100 4.09 /S..F.
Dollars/S.F. $ 1,227.00
13. Lump Sum Provide for raising traffic
signal .pole standards and
raising junction boxes to �.
finished grade complete and
in place for Three Thousand
Two Hundred Forty Five And
No/100 /L.S. $ 3,245.00
Dollars/L.S.
14. Lump Sum Provide and install all
irrigation system complete
and in place for Twenty Five
Thousand Four Hundred Seventeen
And No/100 .. /L.S. $ 25,417.00
Dollar s /L . S .
15. Lump Sum Provide and install all land-
scape planting complete and in
place for Ninty One Thousand
Nine Hundred Fifty Six And
No/100 _ /L.S. $ 91,956.00
Dollars /L .S .
16. Lump Sum Provide and install all neces-
sary traffice control complete
for Five Thousand And No/100 .
Dollars/L..S/L.S. $ 5.000.00
_
TOTAL: $ 259,891.75
3/7
J , 4
In
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ta
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. ••.H,..! f �F. t � ., a 5`x 7ri,Tti y,�, YP•.IS ty ,�
1 "4
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A. BID -DO==S, continued
BIDDER OUAL.=CATION FORM
In further compliance with the specifications furnished, the undersigned
submits the following.statements as to his experience and to his qualifica—.
tions as a part of -this proposal, and the truzafu_Lness and accuracy- of the -
information ,is hereby ;guaranteed.
(1) How maay pears has your organization. been in business under its.
present' •name? Four ( 4 )
(2) How many years' experience in work comparable with that required,
under the proposed contract has your organization had by this or
any other name? Thirty (30)
(3) Contractor's License No. 335641 State of Ca] ormd;z
Classification A. SB & SC 27
(4) List work siailar.i.n character to that required in the proposed
contract which your organisation or personnel in your organ;zat=os
has completed within the past three years.
Year
Class, Location of Worti and for .'hom Performed
Contact amount
Landscape and irrigation - Stauffer Chemical - Richmond,
1979
California - Austin Company
$208,582.03
Landscape and irrigation - McClarren Park - Brentwood, CA
1979
The City of Brentwood
102,767.00
L & I - Walnut Creek Plaza - Walnut Creek, California
1980
Swinerton & Walberg Co.
101,051.04
-733 MarketStreet ice Building San Francisco,
1980
California - Milton Meyer & Company
94,942.55
L & I - Qume Corporate Headquarters --San Jose, California
1980
Dickman Construction
93,163.70
L &. I -Kaiser Cement Corporation - Permanente, California
1980
Kaiser Cement Corporation
162,193.07
L, & I - Old Almaden Mall Phase II - San Jose, California
1980
The City of San Jose •
276,293.50
L & I - Turn of the Century Berms - Santa Clara, CA
1980
Marriott's GreatAmerica-478,074.79
L & I - Blackhawk Bath &=Tennis Club - Danville;•CA
1980
Blackhawk Development Corporation
129,110.00
L & I - Lucas Green'Building II - San Rafael; California
1981
Swinerton & Walberg Co:
199,898.52
L & I - Mountain View Apartments - Mountain View, CA
1981
Jack Baskin, Inc.
138,834.60-
L & I - Syntex Building R-6 - Palo Alto, California
1981
Procon;_.Incorporated
88,118.32-
1. Stomper Co.
2. Chaides Concrete
3. Rosendin Electric
4. Sweeny C Sons
5. Sierra Lumber
6. Penninsula Gunite
Name of Proposed Sub -Contractor, if =.y
(Section 4104 Government Code)
Address of Shop or Office of Sub -Contractor
(Section 4104 Gavernment Cadfe)
1.
Mountain View, California_
2.
Santa Clara, California
3.
San Jose, California
4.
San Jose, California
5.
San Jose, -California
6.
Palo Alto, California
Mork to be performed by Sub -Contractor.
(Section 4104 Government Code)
1.
Demolition and removal of navPment
2.
Concrete work
3.
Electrical work
4.
Asphalt concrete
5.
Carpentry work
6.
Moisture barrier
' A. BID DOCUMME11TS, continued
IF YOU RE s `7 i'ID IVIDUAL , SO STATE. 17 YOU ARF. ?. FMNI OR CO-? RT.:=R?a ,
STATE TEZ FIMI M%UZ AND LIST" THE NWwES OF :ALL IPIDIVIDUAL CO-?a_RT_'E_E.S
COZIPOSING TH= FI&`I. IF A CORPORATION, STATE LEGAL :wxz OF COR.DOPuTIOti,
ALSO, N.A:w�S OF PRi.SID=- , SFCP.=Y TREASURER A.'M \WITAGM. THE COR,IDORATE
SEAL :BUST BE -AkFIYF.D .
TYPE OF BUSIYESS : Individual
Cc -Partnership
Corporation SHOOTER & BUTTS, INC.*
Joint Venture
Other
(describe)
*President/Manager, John.J..Shooter
Secretary, James E. Butts ILA
Treaturer, Becky R. Schleef SIG:;ATURE OF BIDDER:
Date June 10, 1981
Addenda Received:
Q 2 3 4 5
Pro-oosal 7/7
SHOOTER & BUTTS,
j 1
John J . Shooter.A, Pn' i d nt' 1,'' ,•1
1129 Huff Avenue
address -
Mountain View, California 94043
LABOR A.ND �LkTERIAL BOND
BOND NO. 18SC6370327
BOND PREMIUM: $975.00
CITY OF CUPERTINO
KNOW ALL MEN BY THESE PRESENT: PUBLIc WORKS
WHEREAS, the City of Cupertino, State of California, and ,'i.Jly
b; 1931
SHOOTER AND BUTTS, INC. e OEIVED.
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said contract;
and
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its sub-
contractors, shah fail to pay for any materials, provisions, provender or
other supplies or tears used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor done thereon of any kind,
the surety on said bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal, and THE AMERICAN INSURANCE COMPANY
as Surety, firmiy bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all. materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or about the per-
formance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and all persons, companies or corporations lend-
ing or hiring teams, implements or machinery, for or contributing to said work
to be done, and all persons who perform work or labor upon the same, and all
persons who supply both work and materials, whose claim has not been paid by
Principal or by any other person, in the just and full sum of
Two Hundred Fifty -Nine Thousand Eight Hundred Ninety -One
and 75/100 Dollars
($ 259,891.75 )•
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 Un-
employment Insurance Act with respect to such work or labor, then said Surety
will pay the sar..e and also ::ill pay in case suit is brought upon this bond,
such reasonable attorney's fee as sliall 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.
Labor alit] Haterial 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 word: to be performed thereunder or the specifications
acc�,rtpanying 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 WIT\ESS S-tiEREOF, this instrument has been duly executed, by the Principal
and Surety this 16rt, day of TEE , 19 81
SHOOTER AND BUTTS, INC.
(To be signed by
Principal and Surety'
and acknowledgment Principal JOHN J. S TER, PRESIDENT
and notarial seal
attached.)
THE AMERICAN iNSURANCE COMPANY
Surety
H jj7� ,
By: 2 2 1
Attorney —in —Fact ROtERT L. VENTURI
The above bond is accepted and approved this day of
, 19
State of CALIFORNI
County of SAN MATE ss:
On JUNE 16th, 1981 before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared ROBERT L . VENTURI
known to me to be Attorney -in -Fact of AMERICAN INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my kiand and affixed my official seal, the day and year stated in this certificate above.
OFFICIAL ,r,EAL
My Commission Expires ���ty
t�- v9 H A 0 M L Fe ot LI s? 0�%` Notary Public
ft . NOTAi;Y f U131..1C—iiAf.;FOFi%stl/k
hinri,1el Office, in SAN MATEO Coultty ;
3502 i 2-6-66 My Commission Expires Mar, 1f1, t�P'
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On , 19 , before me, the undersigned, a
Notary Public in and for said State, personally appeared
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
VITNESS my hand and official seal.
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION ACKNO?7,LEDGE`fENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CLARA)
On June 16 , 19 81 , before me, the undersigned, a
Notary Public in and for the said State, personally appeared
John J. Shooter
. known to me
to be the President of Shooter & Butts, Inc. , the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS HEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
®_ 01IIIIllleeeddllle/IIIIIICIEIEelE116111F1ElEellp /11111
OFFICIAL SEAL
•
B. R. SCHLEEF
ar
NOTARY
Y �. •'�
PUBLIC — CALIFORNIA
COUNTY OF SANTA CLARA
Comm. Exp. Jan. 14, 1985
�i:1lele111111111111111111N111111tE'.Il IIIIEHuelmeua
KI-
V�`%/
� I Notary Public in and
of Santa Clara, Stat
or the County
of California
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
BOND NO. 18SC6370327
BOND PREMIUM INCLUDED
CITY OF CUPi_RIMNO
PUBLIC WORKS
ii✓N I 931
THAT WE, SHOOTER AND BUTTS, INC.
as Principal and THE AMERICAN INSURANCE COMPANY
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of Two Hundred Fifty -Nine Thousand Eight Hundred Ninety -One and 75/100
Dollars ($259,891.75), 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,
NHEREAS, the Principal has entered into a contract dated JUNE 17th, 1981
with the Obligee
to do and perform the following work to -wit:
South De Anza Boulevard Median Landscaping, Project 80-05
:;OW, THEREFORE,- if the said Principal shall well and truly perform the work
contracted to be perfomed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect.
IN WIT-_;ESS,,HEREOF, this instrument has been duly executed by the Principal
and Surety this 16th day of JUNE , 1981
State of CALIFORNIA
County of SAN MATEO� ss:
f
On JUNE 16th, 1981 , before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared ROBERT L . VENTURI
known to me to be Attorney -in -Fact of AMERICAN INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
cP�ao� i T OFFIC!=.L �E.AL �� i%f
My Commission Expire >� s:N-A.s CIM r �� a +R (y j
Nw;.�r.'.,.Pl�;stir`Notary Public
;- princi. �i Otiks i;; ;r,! ?,360212-6-66 �` 4 NA"stJhty Commission Lxpiiss liar. 16. 1983 b
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On , 19 , before me, the undersigned, a
Notary Public in and for said State, personally appeared
known to me to be the persons whose names are subscribed to the within
Instrument, and acknowledged to me that they executed the same.
14ITNESS my hand and official seal.
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION ACKNOGdLEDGE`1ENT
STATE OF CALIFOR�\IA )
) ss.
COUNTY OF SANTA CLARA)
On June 16 , 19 81 , before me, the undersigned, a
Notary Public in and for the said State, personally appeared
John J. Shooter
. known to me
to be the President of Shooter & Butts, Inc. , the
corporation that executed the within Instrument, known to me to be the person
who executed the within Instrument, on behalf of the Corporation herein named,
and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
Ieeweueeeeeeeeeeewe�eaaeaeea4a�aeeaeceeaaeeeerane
OFFICIAL SEAL
B. R. SCHLEEF
NOTARY PUBLIC - CALIFORNIA
COUNTY OF SANTA CLARA
b
Comm. Exp. Jan. 14, 1985
Notary Public in and 1
of Santa Clara, State
r the Countv
f California