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HomeMy WebLinkAbout2001-11-13 City Council (16)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE:NOVEMBER 13, 2001 CMR: 407:01 SUBJECT:APPROVAL OF A CONTRACT WITH LONE STAR LANDSCAPE, INC. IN THE AMOUNT OF $140,900 FOR CONSTRUCTION OF WERRY PARK LANDSCAPE IMPROVEMENTS RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the Mayor to execute the attached contract with Lone Star Landscape, Inc., in the amount of $140,900 for construction services to implement the Werry Park landscape improvements project. 2.Authorize the City Manager or his designee to negotiate and execute one or more change orders to the contract with Lone Star Landscape, Inc., for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $14,000. DISCUSSION Project Description The work to be performed under this contract consists of landscape improvements at Werry Park including replacement of playground equipment and safety surfacing, installation of an accessible pedestrian path and ramp, storm drainage ilnprovements, installation of a new picnic table, benches, drinking fountain, trash receptacles and replacement of the park irrigation system. Bid Process On September 25, 2001, a notice inviting formal bids for the Werry Park landscape improvements project was printed in the San Jose Mercury News and sent to seven contractors and two builder’s exchanges. The bidding period was 21 days. A bid was received from one qualified contractor on October 16, 2001, as listed on the attached bid summary (Attachment A). Contractors not responding indicated that they did not submit a bid because of current heavy workloads and other scheduling conflicts. Staff has reviewed the bid of $140,900, which includes the base bid items and one add alternate item, submitted by Lone Star Landscape, Inc., and recommends that it be accepted and CMR:407:01 Page 1 of 2 that Lone Star Landscape, Inc., be declared the lowest responsible bidder. The bid is 8 percent below the engineer’s estimate of $150,300. Staff checked references supplied by the contractor for previous work performed and found no significant complaints. Staff also checked with the Contractor’s State License Board and found that the contractor has an active license on file. RESOURCE IMPACT Funds for this contract are included in the City Manager’s adopted FY 2001-2002 and proposed FY 2002-03 budget. POLICY IMPLICATIONS The proposed Werry Park landscape improvements project is consistent with existing City policy. ENVIRONMENTAL REVIEW This project is Exempt as defined by the California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A: Attachment B: Bid Summary Contract PREPARED BY: CHRIS RAFFERTY Project Manager, Community Services Department DEPARTMENT HEAD: PAUL THILTGEN Director, Community Services Department CITY MANAGER APPROVAL: CHRIS Assistant to the City Manager CMR:407:01 Page 2 of 2 FORMAL CONTRACT SECTION 500 CONTRACT No. C2138882 (Public Work) Community Services Department This Contract, number C2138882 dated is entered into by and between the City of Palo Alto, a chartered city and a municipal corporation of the State of California ("City"), and Lone Star Landscape, Inc. ("Contractor"). For and in consideration of the covenants, terms, and conditions (the provisions) of this Contract, City and Contractor ("the parties") agree: Term. This Contract shall commence and be binding on the parties on the Date of Execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. General Scope of Proiect and Work. Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows: Title of Project:Werry Park Landscape Improvements, Invitation for Bid (IFB) Number 138882 Bid:$140,900 (Base Bid Total, plus Add Alternate No. A-l) Contract Documents. This Contract shall consist of the documents set forth below, which are on file with the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof are set forth in the following descending order of precedence. ao This Contract. Invitation For Bid. Project Specifications. Drawings. Change Orders. Bid. Supplementary Conditions. General Conditions. Standard Drawings and Specifications (1999). Certificate of Insurance, Performance Bond, Labor & Materials (Payment) Bond. Other Specifications, or par[ thereof, not expressly incorporated in the Contract Specifications or the Standard Drawings and Specifications (1999). Any other document not expressly mentioned herein which is issued by City or entered into by the parties. 4o Compensation. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor’s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract Specifications and the Standard Drawings and Specifications (1999), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices. 5o Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Invitation For Bid on terms and conditions and in amounts as may be required by the Risk Manager. City shall not be obligated to take out insurance on Contractor’s personal property or the personal proPerty of any person performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized CITY OF PALO ALTO IFB NO. 138882 PAGE 1 OF 7rev. 12/00 FORMAL CONTRACT SECTION 500 by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of City or any 0f its Council members, officers, employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter. To the extent Contractor will use hazardous materials in connection with the execution of its obligations under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City Council members, officers and employees from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising, in whole or in part, in connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract, under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. 6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. 2601-2692, as amended); the Carpenter- Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, 25300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, 25100-25250.25, as amended); the Safe Drinking Water and Toxic Enforcement Act (Health & Safety Code, 25249.5-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, 25280-25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common law. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful act or negligent act or omission of City or any of its Council members, officers, employees, agents or representatives. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract. No Exoneration By Inspection: The City has the right, but not the duty, to inspect Contractor’s Work. The right of inspection is solely for the benefit of City. Contractor has the obligation to complete the Work in a satisfactory manner in compliance with Contract requirements. The presence of a City inspector does not shift that obligation to the City or relieve Contractor from its obligations to complete the Work in a satisfactory manner in compliance with the Contract requirements. 10.Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in f-orce pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination in employment and hazardous materials. CITY OF PALO ALTO IFB NO. 138882 rev. 12/00 PAGE 2 OF 7 FORMAL CONTRACT SECTION 500 11.Bonds. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Invitation For Bid. 12. 13. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants: Any materials and equipment which shall be used dudng the course and scope of the Project and Work shall be vested in Contractor; bo Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required; Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and in behalf of City. eo Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City; Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor’s Bid, except as may be permitted by the Invitation For Bid; g°Contractor has the power and authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project Manager or any other person who has directly contributed to City’s decision to award the contract to Contractor; There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor’s ability to perform under the Contract; jo Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; k°Contractor and any person performing labor and services under this Project are duly licensed by the State of California as required by California Business & Professions Code Section 7028, as amended; and Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site. Assi.qnment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void. CITY OF PALO ALTO IFB NO. 138882 PAGE 3 OF 7 rev. 12/00 FORMAL CONTRACT SECTION 500 14.Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor to City in writing by certified or registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim to City. 15.Audits by City. During the term of this Contract and for a period of not less than three (3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related and Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City. 16.Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United Stat.es mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and fOllowed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission. To City:City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Copy to:City of Palo Alto Community Services Department 1305 Middlefield Road Palo Alto, CA 94301 Attn: Chris Rafferty, Project Manager 17. To Contractor: Appropriation of City Funds. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only after such expenditures have been approved in advance in writing in accordance with applicable Laws. This Contract shall terminate without penalty (I) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 16 shall control in the event of a conflict with any other provision of this Contract. 18. Miscellaneous. Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor. Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. CITY OF PALO ALTO IFB NO. 138882 rev. 12/00 PAGE 4 OF 7 FORMAL CONTRACT SECTION 500 c.Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract which directly results from an Act of God or an act of a superior governmental authority. Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. go Incorporation of Documents. All documents constituting the Contract documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. Integration. This Contract and any amendments hereto between the parties constitute the entire agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Contract. Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless such modification is agreed to in writing and signed by the parties. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or in behalf of Contractor or which authorizes Contractor to enter into this Contract. Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect. Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day. Alternative Dispute Resolution. The parties shall endeavor to resolve any disputes or claims arising out of or relating to this Contract by mediation, which, unless the parties agree otherwise, shall be conducted under the auspices of the Judicial Arbitration and Mediation Service (JAMS), San Jose, California. The intent of the parties is that the mediation shall proceed in advance of litigation; however, if any party should commence litigation before the conclusion of mediation, such litigation, including discovery, shall be stayed pending completion of mediation, and by executing this Contract the parties stipulate to mediation in accordance with Santa Clara County CITY OF PALO ALTO IFB NO. 138882 PAGE 5 OF 7 rev. 12/00 FORMAL CONTRACT SECTION 500 Superior Court Local Rule 1.15 or Rule 2-3(b) of the ADR Local Rules of the U.S. District Court for the Northern District of California, as such rules may be amended from time to time. The parties shall share the cost of the mediation, including the mediator’s fee, equally. Any written agreement reached in mediation shall be enforceable pursuant to California Code of Civil Procedure § 664.6, as amended. qo Venue. Unless the parties mutually agree otherwise, mediation shall take place in San Jose, California. In the event that litigation is commenced by any party hereunder; the parties agree that such action shall be vested exclusively in the state courts of California in the County of Santa Clara or in the United States District Cour[ for the Northern District of California. Recovery of Costs. Each Party shall bear its own costs, including attomey’s fees, through the completion of mediation. If the claim or dispute is not resolved through mediation, or if litigation is necessary to enforce a settlement reached at mediation pursuant to California Code of Civil Procedure § 664.6, as amended, then the prevailing party in any subsequent litigation may recover its reasonable costs, including attorney’s fees, incurred subsequent to conclusion of the mediation. Flow-down. Contractor agrees to include provisions of this Contract relating to Alternative Dispute Resolution, Venue. and Recovery of Costs in any subcontracts or major material purchase agreements which it enters into in connection with this Contract, and to require its subcontractors to include those provisions in any sub-contracts or major material purchase agreements, such that any mediation or litigation of any claim or dispute asserted by a subcontractor or major material supplier will be consolidated with any related claim or dispute between the Contractor and the City. Should the Contractor fail to do so, such that the City is required to defend an action brought by a subcontractor or material supplier inconsistent with the Alternative Dispute and Venue provisions of this Contract, Contractor shall indemnify City for City’s costs of defense, including reasonable attorney’s fees. IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the city of Palo Alto~ County of Santa Clara, State of California on the date first stated above. ATTEST:CITY OF PALO ALTO APPROVED AS TO FORM: City Clerk By: Its Mayor Senior Assistant City Attorney APPROVED: Assistant City Manager Director of Administrative Services Contract Manager (Insurance Review) CONTRACTOR: Title: ~P r£ c’~q’~!. By: Name: Title: (Compliance with California Corporations Code ) 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) CITY OF PALO ALTO IFB NO. 138882 rev. 12/00 PAGE 6 OF 7 Fidelity II~)I~IE OI"I,’ICE and Deposit OF MARYLAND Bond No. __0_0.526.~1_42 ........ Company I1AL’I’I~IORE, MD. 21203 Labor anti Material Payment Bond Note: This hond is issned slmuhaneously with Performance Bond in faw)r of the owner conditioned on the full and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS: That we .....LONE STAR LANDSCAPE, INC. (llere insert the name and address ~r leg~l titlt.’ of tht: Contracl~r~ as Principal, hereinafter called Principal, and FII)ELITY AND DEPOSIT COMPANY OF MARYLAND, a corporatior~ of the State of Maryland, with its home office in the City of Bahimore, Maryland, U.S,A., as Surety, hcreinafter THE CITY OF P~O ALTOcalled Surety, are held and firmly l)ound nmo .......................................... , .......................................................... Illere insert the ntm~e and address or legal title of the Ownarlas Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED FORTY THOUSAND NINE HUNDRED & 00/i00 Dollars ($ ........... )__4_.0._,__9..0_.0....__0__0_ .................... I, for the payment whereof Principal and Surety bind tbemseh, es, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ....................................................................... 19 ......... entered into a contract with Owner for... ~EP, RY P32~K LM’,IDSCAPE IMPROVEMENTS in accordance with drawings and specifications prepared b THE CITY ENGINEER {IIere insert full name title and addressl which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, TIlE CONDITION OF TIIIS OBLIGATION is such that, if Principal shall promptly make pay- ment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in fnll force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a snb-contractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the contract, labor and material being con- strued to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in hall before the expiration of a period of ninety {90) days after the date on which the last of such claimant’s work or labor was done or performed, or materials were furnished by. such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or snms as may be justly dae claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a~ Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90} days after such claimant dkt or performed the last of the work or lahor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same hy registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly main- rained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) Aftei" the expiration of one ~1 ) year following the date on which Principal ceased work on said Contract, it helngunderstood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof snch limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. Ic) Other than in a state at nrt of ~ompe/ent jurisdh:tion in and for the courtly or other poli/.ical subdh, isi~m of the state in which the project, or any part thereof, is sitnated, or in the United States D~strict Court for the district in which Ihe project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. inclusive of the payment by Surety of mechanics’ liens which may be filed of record against said in~provement, whether nol claim for the amount of such lien he presented under and against this bond. Signed and sealed this .................~p~_ ...........................day of ......~Q~.~.~.~ ...........................A.D. In the presence of: ROBERT POSIT OF MAB Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Mawland, by W. B. WALBRECHER, Vice-President, and T. E. SMITH, Assistant Secretaw, in pursuance of authority.: granted by Article VI, Section 2, of the By-Laws of said Company,, which are set forth on the reverse side hereof and are hereby certified to be in fullc-g~ce and effdbon the date hereof, does hereby nominate. consntute and appmnt Catherine GABRIEL, of M,lp,tg.~--~. "ffornxarz~..N~e and lawful agent and Attornev-~n-Fact. to make, execute, seal and deliver, for. and on its be,~d~_"~_"-’surety, ~"~’~ its act and deed any and all’bonds and undertakings ind the execution’of st~ch bonds or }~@akings i~’~" "~ance of these presents, sh~ll be as bindin~ upon stud Company. as fully and amply, to all ~ntents aK4~Nt~oses, a~’ had been duly executed and ac "knowledaed by the regularly elect;d officers of the d0mpany at its in their own )roper persons. - The said Assistant Secretary does hereby- "~ =".~N~.~Vthat th~a-cte’x~"> set forth on the reverse side hereof is a true copy, of Article VI. Section 2. of the By-Laws of s~mpanv, a.fi~qs ~ow in force. IN WITNESS Vv2-1EREOF, the said^~C~t;residengr,&7<~’77\ssistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the s@ELIT~Y(’c~"]~ DEPOSIT COMPANY OF MARYLAND, this 29th day of January,, A.D.1999. %Q%-- ~x..~&._.<,~ ATTEST:FIDE@AND .~P~SIT COMPANY OF MARYLAND State of Maryland t ss: County of Baltimore -’ On this 29th day of January,, A.D. 1999, before the subscriber, a NoraW Public of the State of Mary. land, duly commissioned and qualified, came W. B. Walbrecher, Vice-President and T. E. Smith, Assistant Secretary. of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally "known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority., and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Ca/ol i Fader /// ~ Notary Public My Comm/issic~Expires: August 1, 20"00 L1428-0 t 6-4255B CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SANTA CLARA NOV 0 2 ZOO1On , before me, personally appeared JESSICA RAYGOZA, NOTARY PUBLIC b~~le of Officer (e.g., "Jane Doe. Notary Public’) Nam.e(s) of Signer(s) Commission # 1266326 Notary Public - California Sam= Cl=ra County My Comm. Expires Jun 4, 2004 I~ personally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document.’- Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: [] Individual [] Corporate Officer-- Title(s): [] Partner--[] Limited [] General ~ Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here © 1999 National Nolary Assoc=ation ¯ 9350 De Solo Ave., P.O Box 2 02 ¯ Chatsworth, CA .1~13-2 02 ¯ www, nationalnolary.o~g Prod. No. 5907 Reorder: Catl Toil-Free 1-800-876-6827 PRODUCER R.W. BABCOCK INS. BRKG. 920 HILLVIEW COURT, #145 MILPITAS CA 95035 INSURED LONE STAR LANDSCAPE, INC. P.O. BOX 70 SAN MARTIN, CA 95046 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A TRAVELERS INDEMNITY CO OF IL. ’ ~OMPANY B TRAVELERS INSURANCE CO. COMPANY C LETTER COMPANY DLE’FFER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMSEXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ’ LTR TYPE OF INSURANCE GENERAL LIABILITY ~ERCIAL GENERAL UABILJTY ___~OWNER’S & CONTRACTOR’S PROT. X I PER PROJECT AGG X,C, & U AUTOMOBILE LIABILITY IkNy AUTO ~LL OWNED AUTOS 3CHEDULED AUTOS ~-fiRED AUTOS ~4ON-OWNED AUTOS .3ARAG E UABIUTY EXCESS UABIUTYqUMBRELI~ FORM OTHER THAN UMBRELLA FORM WORKER’S COMPENSATION AND EMPLOYERS’ LIABILITY OTHER POUCY NUMBER DTEJCO655J9349 DTJ810655J9349 CUP655J9350TIL DT-UB-331K776-7 POLICY EFFECTIVE DATE (MM/DD/YY) 09/01/01 09/01/01 09/01/01 04/01/01 POLICY EXPIRATION DATE (MM/DD/YY) 09/01/02 09/01/02 09/01/02 04/01/02 LIMITS GENERAL AGGREGATE PRODUCTS-COMP/OP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED.EXP. (Any one person) COMBINED SINGLE UMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) 2,000,000 2,000,000 1,000,000 1,000,000 300,000 5,000 ~ 1,000,000 $ $ PROPERTY DAMAGE EACH OCCURRENCE $ ~4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHIC~S/SPECIAL ITEMS ~E: WERRY PARK LANDSCAPE IMPROVEMENTS. CERTIFICATE HOLDER IS ADDITIONAL INSURED PER THE ATTACHED ENDORSMENT FORMS CG2010 AND AUTO LIABILITY. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY CITY O£ PALO ALTO iiiiiiiiilMAIL-~.0-~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P.O. BOX 10 2 5 0 ~::~::::::~::~LE~,- PALO ALTO CA 94303 ~~~~. :~:~:~:~ THE TRAVELERS INDEMNITY CO OF IL Authorized Signature Insured: LONE STAR LANDSCAPE, INC. Policy Number: DTEJCO655J9349 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF PALO ALTO, its council members, officers, agents & employees. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II)is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Such insurance as is afforded by this policy shall apply as primary insurance with respect to any insurance or self Y~surance programs maintained by CITY OF PALO ALTO, its council members, officers, agents & employees. Any other insurance CITY OF PALO ALTO, its council members, officers, agents & employees possess shall be in excess only and not contributing with insurance provided under this policy. CANCELLATION CLAUSE It is hereby understood and agreed that coverage will not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice (ten (10) days’ prior written notice for non-payment of premium) by certified mail, return receipt requested, has been give to: CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 RE: WERRY PARK LANDSCAPE IMPROVEMENTS. LSLI JOB #168. CG 20 10 11 85 Copyright, Insurance Services Offices, Inc., 1984 THE TRAVELERS INDEMNITY CO OF IL Authorized Signature Insured: LONE STAR LANDSCAPE, INC. Policy Number: DTJ810655J9349 THIS EHDORSEMEHT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL IHSURED - AUTOMOBILE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE A.Name of Person or Organization: CITY OF PALO ALTO, its council members, officers, agents & employees. Address Of Person Or Organization: P.O. BOX 10250, PALO ALTO, CA 94303. B.Provisions: Paragraph C. of Who Is An Insured provision includes the person or organization indicated below, but only for his, her or its liability because of acts or omissions of an "insurei:l" under paragraphs a. or b. of that provision, subject to the following additional provisions: No liability is assumed by that person or organization for the payment of any premiums stated in the policy or earned under the policy. In the event of cancellation of the policy, written notice of cancellation will be mailed by us to that person or organization. RE: WERRY PARK LANDSCAPE IMPROVEMENTS. LSLI JOB #168. CAT3 01 01 87