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91-015 Slurry Seal Street Maintenance Proj. 91-105 91-015 SLURRY SEAL STREET MAINTENANCE PROJ. 91-105 " Bond No. 569 4871 Premium: $SS3.00 FA E111VUL PERPORMANCr•. MONO KNOW ALL MLN aY Till,:%E. PRESENTS: THAT WT.,, IiALLEY SLY JR-I,SAL Co p y _ as Principal and SAFECO INSURANCE COMPANY OF AMsERICA as Surety are held and firmly bound unto the City of Cupertino, State of California, in the ;:um of One Hundred Ten Thousand Six Hundred Th_ i_rt)C:Tlvee and 99/100 lwtlars 0_110,633.90 ) lawful muncy of the un%ted Stutos, fur this payment of which will and truly to be made, we bind oo,+rse lve:s, our hei r.a, CXecu to rt;, successors and assigns. jointly and ,ioverully, firmly by rhose presents. THE CONDITION of the above obligation is such that. WHEREAS, the Principal h,us entered into a contract dated June 1, 1991 with the Obligee to do and perform the following work to--wit: STREET MAINTENANCE-SLURRY SEAL, PROJECT 91-145 NOW, THEREFORE, if the said Principal shall well and truly perform the Work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect, IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 11th day of June 19 91 . (To be signed by Frincipal and Surety and acknowledgment.) , VALLEY RY SEA C MANY Fr 5101111JEFAFETREE Saffeco Insurance CoTy!m of America Suret '/ By: ctornay--in- act Thomas R. Hucik 'Cho ,above bond is acceZted and approved this day of � 19 POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTOR=:EY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA SAFECOSEATILE,WASHINGTON 98185 No, 4340 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA avid GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint ----------------------Z'H0:-TAS R. HUC1K; Rancho Cordova, California----------------------- its true and lawful attorneys)-in-fact, with full authority to execute or its behalf flde;ity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this--- 4th ------- -- day of __—_ October 19 90_ CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures maybe afiixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970 ''On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-o;-attorney appoin,.inent is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMENICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 11 th day of junp ----• 19 91 5 974 R W 3 86 MINIM)IN U S A I Bond No. 569 4871 Premium: Included in Performance Bond LABOR AND MATERIAL BOND K,VOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and VALLEY SLsj Y SE'AI. COMPANY herelnufter designated as "Principal" have enterctl Into or are about to enter itico a contract providing for the installation, construction, and erection by Principal of certain improvements inure particularly described in said contract; and incorporated hureLn by reference. WM!{REAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its Sub- contractors, shall fai.i to pay for any materials, provisions, provender or ocher supplies or teams used in, upon, for or about the performance of the work co,ncrac.ted to be dune, or for :.iny work or labor done thereon of any kind, the Surety can said bond shall pay the same co the extent hereinafter :let forth; NOW, THEREFORE, we, the Principal, and SAFECO INSURANCE COMPANY OF AMERICA as Surety, firmly hind ourselves, our executors, administrators, successors and assigns, jointly and severally, unto the City of Cupertino, and any and all macerialmen. persons, companies, or corporations furnishing materials, prov.isluns, provender or other supplies used in, upon, for or abut the perfor- mance of the aforesaid work contracted tc be executed or performed under the contract hereinabove mentioned, and incorporated herein by reference, and all persons, companies or corporations lending or hiring teams, implements or machinery, for or contrLbuting 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 macerials, whose claim has not been paid by Principal or by atiy other person, in the just and full sum of One Hundred Ten Thousand Six Hundred Thirty::Three and 901100 ($110,E 33090 , THE CONDITION OF THIS OBLIGATION IS SUCH TILAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall tail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any and all damages Arising under the original contract. then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorneys fee as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184. 1 of the Code of Civil Procedure, so as to give a right of action to them or their a signs in any suit brought upon this bond. STATE OF CALIFORNIA COUNTY OF............ Y o 1.9....... ........................ On this...121.h.........day of........JUtle..................in the year of 19..91, before me, the under if re, a Nota Public in and for said State, personally appeare%A ............ e Y R, R e�.. ............... personally known to ii-e OFF1CIA;,��.,_�` (or proved on the basis of sat><<factory evidence) to be the person(s) whose rr` DlNtiA F. MY, ? 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), a ' �'"T 3 `? and that by his/her/their signature(s) on,the instrument the person(s), or the " `4 �et 3.sq?R v entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ��t� �. ................................... ............. Notary:'ublic in ano or said State. This document is only a genaral form which may be proper for use in simple transactions and in no way acts,or is inle�Aed to act.as a substitute for the advice of an attorney.The printer does not make any warranty,either express or implied,as to the legal validity of any provision or the suitability of these forms in any specific transaction. Cowdery's Form No. 1043--ACKNOWLEDGMENT—All Purpose--(1191) 4TATE OF CALIFORNIA) ss COUNTY OF SACRAMENTO) On this 11th day of June in the yee.r 1991, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sw,^.rn, personally appeared Thomas R. Hucik personally known to me and known to me to be the Attorney-In-Fact of SAFECO INSU►iANCE COMPANY OF AMERICA the corporation described in and that executed the within and foregoing instrument, and known to me to be that person who executed the said instrument on behalf of said corporation, and duly acknowledged to me that such a corporation executed the same. WITNESS my hand and official seal. 1 , i Ai JE AL va+, a I PAIGE ! Pamela J. Piige, Notar;• °�:`_i is hCi4f:Y P09L,C CIA!.IFORN IA j " S-;RAMENIo COUNTY JJ �1 • v �aM E.IPIRI`.NOV I7 V493 �. STATE OF CALIFORNIA R COUNTY OF.......Y.01.0.... On this.......12th.....day of.......June...................in the year of 19.9.1, before me, the undersigned, a Nota Public in and for said State,personally Jeffre R Rry appeared ......................Y.... eed............., personally known to me OFFICIA-L SEAL (or proved on the basis of satisfactory evidence) to be the person(s) whose DIANNA V. 60YLE name(s) is/are subscribed to the within instrument and acknowledged to me NOTARY PUS Mc r-,t_s'cJRN!A that he/she/the ex, .:uteri the same in his/her/their authorized capacity(ies), Sly Cem^t.Exfires Petsy, 195; and that by his/her/their signature(s) on the instrument the person(s), or the r� entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 3. ............................. Notary Public in ar for said State. This dowment is only a general form which may be proper for use in side transactions and in no way acts,or is intended to act,as a substitute for the advice of an attorney.The printer does not make any warrenly,either express or implied,as to the legal validity of any provision or the suitatrility of these forms in any specific transaction. Cowdery a Form No.10G—ACKNOWLEDGMENT—All Purpose--1 1/91) STATE OF CALIFORNIA) ss COUNTY OF SACRAMENTO) On this IIth day of June in the year 1991, before me, a Notary Public in and for said County and ,State, residing therein, duly commissioned and sworn, personally appeared Thous R. Nucik personally known tc me and known to me to be the Attorney-In-Fact of SAFECO INSURANCE COMANY OF ANERICA the corporation described in and that executed the within and foregoing instrument, and known to me to be that person who executed the said instrument on -behalf of said corporation, and duly acknowledged to me that such a corporation executed the same. b;TNESS my hand and official seal. t4f:CIAI SEAL j 11 faAaEtA i Atr,E amela J. P6iy�,'Notary ?U NOTARY R&IC rALIFOR �A ' �1 C SACRAMFNN CCd•fl', 1 .o Labor and Material Bond Page 2 And the said Surety. for valud received, hereby stipulatma. and agrees that no change, extension of time. alteration or addition to the corms of the contract or to the Work to be performed thereunder or the specilications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter- scion or audition to the terma of the contract or to the work or to the speci- fications. IN WITNESS WHEREOF. this i.r.struraeent has been duly executed by the Principal and Surety this 11th day of June 45RY 9 91 VALLE SEAL CO PANY By: (To be signed by Principal Prin al JEfERtY REID and Surety. Notary Presideit ackncwledgments required.) Safeco Insurance ConWny of Anuwica Surety e H .Attorney-in-Fast Thoinas R. HtAcik The above bond is !accepted and approved this day of L9 6/17/85 POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTOR1vEY GENERAL INSURANCE COMPANY OF AMERICA HO'AE OFFICE SAFECO PLAZA Ss��i�® SEATTLE,WASHINGTON 98185 spar i. 9340 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA • i GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby apGvin• ---------------------THO*VAS R. HL'CIK; Rancho Cordova, California----------------------- its true and lawful attorney(s)-in-fact, with full authority it execute or. its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the co,rrse of its business, and to bmd the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this.__. --- 4th ___ _.-------- _ _ day of ______October t9 90 .-----.---______ CERTIFICATE -- Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. .-On any instrument making or evidencing s ch appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970, "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof " 1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant;hereto,are true and correct,and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and ef!>ct IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed thF:facsimile seal of said corporation this 1 1th _.day of __ June _, 19 91 S 974 N10 3 96 PRINTED IN U S A ISSUE DATE(MANDD/YY) a[a1a+s�.,n,2 ,. - �<;,,. . I*_ ., ;.._➢ s ev - `'�'- .:,,,,v "h „I. :�r z � 6/11/91 UCER THIS CERTIFICATE IS&V=U3&pTTER OF INFORMATION ONLY AND CONFERS NO RIG . IFICATE HOLDER.THIS CERTIFICATE ANDREI N I AND COMPANY DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED SV THE 220 WEST 20TH AVENUE POLICIES 13ELML SA:N MATEO, CA 94403 COMPANIES AFFORDING COVERAGE (415) 573 - 1111 TTER Y A EMPLOYERS INS. OF WAUSAU COMPANY I3 INSURED LETTER VALLEY SLURRY SEAL COMPANY ����'� ����$ P.O. BOX 1620 COMPANY C LETTER WEST SACRAMENTO, CA. 95691 COMPANY JUN f 3 1991 LETTER 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 PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWM,MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF IASURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTRDATE(MM/DDiYY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE 0 i A X COMMERCIAL SENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ 1,000,000 CLAIMS MADE X OCCUR. 062200041113 3/31/91 3/31/9 2 PERSONAL&ADV.INJURY $ 1 v 0 0 0,0 0 0 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 500,000 FIRE DAMAGE(Any one fire) $ 50,000 ...—. MED.EXPENSE(Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE A $ ANY AUTO 062202041113 3/31/91 3/31/92 LIMIT 1.,000,000 X ALL OWNED AUTOS X BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS X BODILY INJURY $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION v. n �•_^• STATUTORY LIMITS AND ^— PERMISSIVELY SELF-INSURED EACH ACCIDENT $ EMPLOYERS'LIABILITY DISEASE—POLICY LIMIT $ ------.,._.. ____,T.��____".,—,.__.��._�._�. _„ •__ ,• __..._.. . •«�—..—,.�,_..,,—..—_....� ..��DtSEA_SE—EACH EMPLOYEE $ OTHER T DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS AS RESPECTS: PROJECT: 91-105 *EXCEPT WITH RESPECT TO NON-PAYMENT, WHICH IS 10 DAYS. CITY OF CUPERTI NO rY SHOULD ANY OF THE ABOVE Dv SCRIBED POLICIES BE CANCELLED BEFORE THE 10300 T OR R E AVENUE EXP.�RN ON DATE THEREOF -14E ISSUING COMPANY WILL ENDEAVOR TO CU P E R T I N O, C A. 95014 ±ti MAIL`..SS_fIOO _DAYS WRITTEN NOT GE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY;OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZ�REPRESENTATIVEI no ~^ yaw h " � 1: Lw•.r � POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE.SAFECO PLAZA �i_�ECO SEATTLE,WASHINGTON 98185 7YY��ffrr�� No. 9342 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint --_—_._r________JAMES D. LINERSON; Rancho Cordova, California----------------- .__ its true and lawful attorneys)-in-fact, with full ,jutho!ity to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued In the course of Its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents October `~ CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company, the seal,or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Art!,-fe V, Section r 3 of the By-Laws, and (u) A copy of the power-of-attorney appointment, executed pursuant thereto, and (ii) Certifying that said power-of-attorney appointment is to full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and r ffect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 23rt; day of 161ay 19 91 PRINTED IN U 5 A A CA r GENERAL NSLPAWCE COMPANY OF AMEPICA LES 1 O FIRST NAT Ch AL NSURANCE CONPAtW i; `� E OF ANIER VIE OFF!E hSAFECO PLAZA f SEATTLE. wASMNGT014 98185 r Soled BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-910 KNOW ALL BY THESE PRESENTS,That we, VALLEY SLURRY SEAL COMPANY P.O. Box 1620 West Saca•arneento, CA 95691 as Principal,hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CUPERTINO as Obligee, hereinafter called the Obligee, in the sum of 10% of the amount bid Dollars (S ///////////////l///1/1, for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bid for PROJECT NO. 91-105 STREET t lAINTENANCE SLURRY SEAL NOW, THEI:EFORE, if the Obligee shall accept the bid of the P incipal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give s•.:ch bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this ok:,Ration shall be null and void, otherwise to remain in full force and effect. STATE OF CALIFORNIA COUNTY OF........ Y o 1 a On this.....2Bth.......day of.........May...................in the year of 1991 , before me, the undersigned, a Notary Public in and for said State, personally pp a eared ............A .dP..Re1"'9er...................... personally known to me n OFFICIAL SLAT, (or proved on the basis of satisfactory evidence) to be the person(s) whose P• name(s) is/are subscribed to the within instrument and acknowledged to me t;n� �;r�-LaLc.c,u�or4w YO O C;,r4n that he/she/they executed the same in his/her/their authorized capacity(iea), MY COMM.Ea irzs Feb.3,1995 and that by his/her,, their signature(s) on the instrument the person(s), or the wv entity upon behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seal. �.�. G rti'�'4�'� ►-�, .................................... Notary Public in an ur said State. Tha(11OWnerd is orgy a genre tom which may to proper for use in aimpte transactiota and in noway acts,at is it ended to ad,Aga sulift slot the a0rics of an aIIomey.The prf w doss not make any warranty,sdte;express or unptleo,as to the legal vatKbty of any provision of the sudebHdy of these toms in any specific aansecoon. Cowdery's Form No.10G—ACKKNOWLMENT—All Purpose—(1/91) BID PROPOSAL STREET MAINTENANCE - SLURRY SEAL PROJECT 91-105 TO: THE DIRECTOR OF PUBLIC WORKS, CIT:' OF CUPERTINO, STATE OF CALIFORNIA Dear Sir: In compliance with the Plans and Specif'.ce�tions furnished for the work of the Slurry Seal Project in the City of Cupertino Project 91-105 I, the undersigned, hereby declare that I have read the proposal requirements, visited the sites, and examined the specifications. I. the undersigned, hereby propose to do all work required to complete the work in accordance with the Plans and Specifications for the prices set forth in the following schedule. I further understand that said prices include all costs including, but not limited to, local, state and federal taxes, and transportation costs. I, the undersigned, also understand that the quantities shown below are estimates only, being given as a basis for comparison of bids. The City of Cupertino does not state that the actual amount of work will correspond but reserves the right to increase or decrease the amount of any class or portion of the work or to omit items or portions of work deemed unnecessary by the Engineer. The City of Cupertino reserves the right to unilaterally determine and award the contract to any qualified bidder based on the moat advantageous proposal, to reject any or all bids or to waive any irregularities in the procedures. The work to be done consists of furnishing all labor, methods of process, tools, machinery and material required to complete the Slurry Seal Project, Project 91-105 as described ia the Special Provisions. In the event of discrepancies between the written unit price and the numerical unit price, the written price shall govern,. I, the undersigned, shall diligently prosecute the work to completion before the expiration of 20 working days. I further understand that I shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars ($3,50.00) per day, for each and every calendar day's delay beyond the times established in this proposal for each and every portion of the completion process described in the time for completion portion of this proposal. 1. Within two (2) hours after each street has been slurry sealed, I shall be responsible for accurately locating and placing temporary centerlines, two-way barrier, two-way left turn, left turn, bike lanes, and travel lanes as shown in the Standard Plans A20-A, B, C. Bid Item 12. PROPOSAL PAGE 1 OF 8 BID PROPOSAL CONTINUED: If I fail to perform this portion of the job I shall pay to the City of Cupertino the sum of one hundred fifty dollars ($150.00) per day for that day plus the sum of one hundred fifty dollars ($150.00) for each and every calendar day the temporary striping remains uncompleted. 2. Seven days following the Slurry Seal of each street, I shall be responsible for installing permanent centerlines, two-way barrier, two-way left turn, bike lines, travel lanes, stop bars, legends, speed limits, and other striping not solely limited to these patterns or legends as shown in the Standard Plans A20-A, B, C; A-24A, B, C, D and the project plans. Bid Item 3 thru 11. Each day the contractor is responsible for providing the City with a list of streets completed no later than 3:30 p.m. on each calendar day of their operation. I` I fail to perform this portion of the job on the seventh day, I shall pay the City of Cupertino the sum of one hundred fifty dollars ($150.00) per day for that day plus the sum of one hundred fifty dollars ($150.00) for each and every calendar day the permanent traffic striping remains incomplete. This amount of liquidated damages shall be deducted by the City from monies due from the contractor hereunder, or the contractor's assigned, successors, and sureties shall be liable to the City for any excess. 3. Completion of entire project 20 working days from Notice to Proceed. ESTIMATED QUANTITIES The bid prices for this pro .act shall be as outlined below Bid Est.gty. Item Unit Item Unit Price Total 1. 1,719,666 S.F. Type II Slurry Seal $ .046 /S.F. $79,104.63 2. 1,700 L.F. Remove Traffic Striping $ 2.20 /L.F. $ 3,740.00 3. 84 EA. Install Painted Traffic Legends and Arrows $ 38.50 /EA. $ 3,234.00 4. 2,475 L.F. Install Painted 12 inch White Traffic Striping $ 1. 10 _/L.F $ 2,722.50 5. 105 L.F. Install Painted 12 inch Yellow Traffic Striping $ 1. 10 /L.F. $ 115.50 6. 2,570 L.F. Install State Detail 1 S .33 /L.F. $ 848. 10 BID PROPOSAL PAGE 2 of 8 BID PPOPOSAL CONTINUED: 7. 2,680 L.F. Install State Detail 21 $ .66 /L.F. $ 1,768,80 8 2,100 L.P. Install City Detail 23C $ .79 /L.F. $ 1.659.00 9. 1,610 L.F. Install City Detail 33C $ .58 /L.F. $ 933.80 10. 1,410 L.F. Install State Detail 38 $ .82 /L.F. $ 1,156.20 11. 78 EA. Remove and Install Blue Pavement Markers $ 27.50 /EA. $ 2,145.00 12. 1 L.S. Traffic Striping Layout $ 9.405.00 /L.S. $ 9,405.00 TOTAL BID $ 106,832.53 ALTERNATIVE BID 1. 1,719,666 S.F. Latex Modified Slurry Seal $ .05 / S.F. $ 85,983.30 U BID PROPOSAL PAGE 3 OF 8 I, the undersigned agree that if this proposal is accepted, I will enter into a contract with the City of Cupertino to provide all necessary machinery, tools, apparatus, and other means of construction and to do all the work specified in the contract in the manner and time specified. I, the undersigned declare that this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud. I, the undersigned recognize that the Director of Public Works of the City of Cupertino will reserve the right to establish the priority of one job over another and each starting date where conflict of construction schedules occur. Attached hereto is the required certified check or bid bond in the amount of $ ----10%--------- , as required by law and the Notice to Bidders (10% of bid amount) BID PROPOSAL PAGE 4 OF 8 A. BID DOCUMENTS, Continued BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, the undersigned submits the following statements as to his experience and to his qualifications as a part of this proposal, and the truthfulness and utterance of the information is hereby guaranteed. (1) How many years has your organization been in business under its present name? 15 years (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? 15 years (3) Contractor's License No. 315789 State of California, Classification C-12 Expiration Date 9/30/91 (4) List work similar in character that required in the proposed contract which your organization or personnel in your organization has completed within the past 3 years. Year Class, Location of Work and for Whom Performed Contract Amount 87-89 City of Sunnyvale - Slurry Seal City Streets $ 672,136.00 1989 City of Saratoga - Slurry & Cape Seal 297,794.00 1990 City of Saratoga - Slurry & Cape Seal 337,934.00 :989 City of San Jose - Slurry Seal 250,060.00 1990 City of San Jose - Slurry Seal Phase I & II 900,683.00 1989 City of Sunnyvale - Slurry__Seal 206,754.00 1990 City of Sunnyvale - Slurry Seal 192,980.00 1990 City of Concord - Slurry Seal 204, 125.00 BID PROPOSAL PAGE 5 OF 8 A. BID DOCUMENTS, Continued Name of Proposed Sub-Contractors, if any (Section 4104, Government Code) 1. Chrisp Company, Inc. 2. 3. 4. 5. 6. Address if Shop or Office of Sub-Contractors (Section 4104, Government Code) 1. 43650 Osgood Road, F.O. Box 1368 2. Fremont, CA 94538 3. 4. 5. 6. Work to be Performed by Sub-Contractors (Section 4104, Government Code) 1. Items 2 thru 12 - Striping 2. 3. 4. 5. 6. BID PROPOSAL PAGE 6 OF 8 A. BID DOCUMENTS, Continued IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION, ALSO NAMES OF PRESIDENT, SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED. THE INFORMAT*ON CONTAINED IN THIS BID IS BEING MADE UNDER PENALTY OF PERJURY. TYPE OF BUSINESS: Individual: Co-Partnership Corporation Graham Contractors, Inc. Joint Venture Other (Describe) Name and Signature of Bidder: G. R. Graham, Jr. , President (Print) � y (Signature) Address (Both mailing and location addresses) : P. 0. Box 26770 San Jose, Ca. 95159 860 Lonus Street San Jose, Ca. 95126 _ Telephone Number: j 408 ) 293-9516 Date: May 28, 1991 Addendas Received: 1 2 3 4 5 BID PROPOSAL PAGE 7 OF 8 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California 89. County of Santa Clara Gerald R. Graham, Jr. being first duly sworn, deposes and says that he or she is President of Graham Contractors, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectl_ induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interest in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder hac not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name and Signature of Bidder: G. R. Graham, Jr. , President (Print) (Signature) Date: May 28, 1991. BID PROPOSAL PAGE 8 OF 8