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02-054 Tally's Enterprises Reconstruction curbs, guttersL~ RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 i~~~i~~~~~~~~~~ Pages 3 Fees.... No Fees Taxes... Copies.. AMT PAID BRENDA DAM S SANTF~ CLARA COUNTY RECORDER Recorded at the request of City RDE # 005 6/11/2003 3 07 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE INACCORDANCE WITH GOV. CODE 6103 CERTIFICATE OIL COMPLETION AND NOTICE OF ACCEPTAI\~CE OF COMPLETION RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS PROJECT N0.2002-02 0 Original O For Fast Endorsement -~ 1 CITY OF CUPER~TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTAI`1CE OF COMPLETION RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS, PROJECT NO.2002- 02. NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements hereinafter described in the cont~~act for doing which was entered into by and between the City of Cupertino and Tally's Enter~~rises on July 25, 2002, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered on June 2, 2003. That said work and improvements consisted of furnishing all labor, materials tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. Director of Public Works and City Engineer of the City of Cupertino Date: June 4, 2003 Printed on Recycled Paper VERIFICATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under th~~ laws of the State of California, that the foregoing is true and correct. Executed on the 5TH day of June 2003 at Cupertino, California. /G~ `~~ c~~~a,~j Administrative Clerk City of Cupertino AGREEMENT THIS AGREEMENT, made and entered into this a~ day of J U ~ , 20 U~, by and between the CITY OF CUPERTINO, a municip~~l corporation of Californi hereinafter referred to as "CITY", and Tallys Enterprises, a Cc-ntractor with offices at 2175 LaMiel Way, Campbell, CA 95008, hereinafter referred to as "CONTRACTOR"; WITNESSETH: WHEREAS, CITY desires to retain thE; CONTRACTOR for Maintenance of Curbs, Gutters and Sidewalk; and WHEREAS, CITY desires to engage (CONTRACTOR to provide these services by reason of its qualifications and experience for I~erforming such services, and CONTRACTOR has offered to provide the required services on th~~ terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. DEFINITIONS. (a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the Cite of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his designated representative. 2. THE AGREEMENT DOCUMENTS. The complete agreement consists of this agreement and the following agreement documents incorporated herein by reference: (a.) Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form. (b.) Standard Specifications, General Provisions and Special Provisions. (c.) Plans and Specifications for MAl[NTENANCE OF CURBS, GUTTERS AND SIDEWALKS, PROJECT N0.2002-02 (d.) Faithful Performance Bond and Materials Bond. (e.) Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. All of the above documents are incooperated into this agreement by reference so that any work called for in one and not mentioned in another, i;~ to be executed the same as if mentioned in all of said documents. The documents compri:cing the complete agreement are sometimes hereinafter referred to as the Agreement Docum~:nts. In case of conflict between the Plans and the Specifications on the one hand, and this Agreement on the other, the Plans and Specifications shall prevail. 3. PROJECT COORDINATION. (a) Cam. The City Manager shall be representative of CITY for all purposes under this agreement. The Public Works Superintendc,nt hereby is designated as the PROJECT MANAGER for the City Manager, and shall supervise the progress and execution of this agreement. (b) Contractor. CONTRACTOR shall ~issign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this agreement for CONTRACTOR. Ralph Talamantes is hereby is designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to the prior written acceptance and approval of the PROJECT MANAGER. 4. DUTIES OF CONTRACTOR. Services to be furnished in accordance with EXHIBIT "A" BID PROPOSAL and agreement :;pecifications. (a) Laws to be Observed. CONTRACTOR shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by CONTRACTOR under this agreement; (2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in CONTRACTOR'S performance under this agreement, or the conduct of the services under this agreement; (3) At all times, observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the PROJECT MANAGER ir. writing any discrepancy or inconsistency it discovers in s;~id laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plan:;, drawings, specifications, or provisions of this agreement. 2 5. COMPENSATION. For the performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR monthly based on work completed at the bid unit price, less any deductions for liquidated damages, payable upon submission by CONTRACTOR of itemized billings in triplicate; provided, however, that the total sum payable to CONTRACTOR shall not exceed $ 520,635.00 (Five Hundred Twenty Thousand, Six Hundred and Thirty Five Dollars and Zero Cent:.) per year including any change orders and the total agreement per year may vary from year to y~:ar. 6. LI UIDATED DAMAGES. The CONTRACTOR shall diligently prosecute the work to completion as scheduled in the Technical Provisions. The CONTRACTOR further understands that he shall pay liquidated damages to the City of Cupertino in the sum of one hundred fifty dollars ($150.00) for each and c;very day that services are not completed as required. 7. TERM. The term of this agreement shall be one (1) year from the date of execution of this agreement by the parties, hereto, provided, however, the CITY retains the option to extend the term of the agreement on a ;dear to year basis not exceeding two years from the expiration of the original term. Any such renewal shall be accomplished by the City providing a written notice of renewal to CONTRACTOR at least 30 days prior to expiration of the term. Any such renewal shall contain the same provisions as the original agreement, provided however that the parties may agree to an increase or decrease in compens<<tion paid to the CONTRACTOR. Any increases or decreases in the pre~rious agreement price shall be based on the Consumer Price Index (CPI). The CPI shall tie the San Francisco/Oakland Consumer Price Index for all urban wage earners. The adjusted (~vhether increased or decreased) unit prices shall be computed as follows: Divide the differences between the CPI on the anniversary date of the agreement and the CPI on the date of the agreement by the CPI on the date of the agreement and multiply by the unit prices specified in the agreement. 8. TEMPORARY SUSPENSION. The City Manager shall have the authority to suspend this agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on thf: part of the CONTRACTOR to perform any provision of this agreement. 9. SUSPENSION; TERMINATION. (a) Right to Suspend or Term?.nate. The CITY may suspend or terminate this agreement for any reason by giving thirty (30) d~iys' written notice. Upon receipt of such notice CONTRACTOR shall immediately discontinue his performance under this agreement. (b) Payment. Upon such suspension or termination, CONTRACTOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; 3 provided, however, if this agreement is suspended or terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of CONTRACTOR'S services which are of benefit to CITY. 10. INSPECTION. CONTRACTORC shall furnish CITY with every reasonable opportunity for CITY to ascertain that the servi~;,es of CONTRACTOR are being performed in accordance with the requirements and intentio~is of this agreement. All work done and all materials furnished, if any, shall be subject tc the PROJECT MANAGER's inspection and approval. The inspection of such work sha] 1 not relieve CONTRACTOR of any of its obligations to fulfill its agreement as prescribed. 11. ASSIGNMENT: EMPLOYEES. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other I-arty, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void, and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent, of the other party. 12. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: TO CITY: Office of the City Clerk City of Cupertino 10300 Torre: Avenue Cupertino, (:A 95014 TO CONTRACTOR: Attention of the PROJECT DIRECTOR', at the address of CONTRACTOR recited above. 13. INTEREST OF CONTRACTOR. CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with. the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employ/ed. CONTRACTOR certifies that no one who has or will have any financial interest under this <<greement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONTRACTOR shall at all times be deemed an independent contractor and not an agent or employee of CITY. 14. INDEMNITY. CONTRACTOR hereby agrees to indemnify, hold harmless and assume the defense of , in any actions at law or in equity, the CITY, its officers, employees, agents, and elective and appointive boards from: 4 (a) Any and all claims and demands which may be made CITY, its officers, agents, or employees by reason of any injury to or deatr~ of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act or omission, negligent or otherwise, of CONTRACTOR or any subcontractor under this agreement or of CONTRACTOR's or any subcontractor's emplo}gees or agents; (b) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the cart:, custody, or control of CONTRACTOR, or in proximity to the site of CONTRACTOR's work, caused by any act or omission, negligent or otherwise, of CONTRACTOR, or any subcontractor under this agreement or of CONTRACTOR'S or any subcontractor's emplo}gees or agents; (c) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury tc or death of any person or damage suffered or sustained by any employee or agent of CONTRACTOR or any subcontractor under this agreement, however caused, excepting however, any such claims and demands which are the result of the sole negligence or willful misconduct of CITY, its officers, agents, or employees; (d) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused or alleged to have been caused by the use of any apparatus, appliance, or materials furnished by CONTRACTOR or any subcontractor under this agreement; and (e) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit. CONTRACTOR, at its own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons against CITY, its officers, agents, or employees on any of the above claims or demands of such third persons, or to enforce any of the above penalties, and pay and satisfy any judgment or decree that may be rendered against CITY, its officers, ~~gents, or employees in any such suit, action, or other legal proceedings. 15. WORKERS' COMPENSATION. CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Labor Code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 16. INSURANCE. CONTRACTOR, at its sole cost and expense, shall obtain and maintain in full force and effect throughout th~~ entire term of this agreement, the insurance coverage of at least an "A", Class VII rating a;~ determined in accordance with the insurance industry standard, insuring not only CONTRACTOR, but also (with the exception of workers' compensation and employer's liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this agreement. 5 Certificates of such insurance, on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement or, with CITY's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage, and will not be canceled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 17. AGREEMENT SECURITY. The CONTRACTOR shall furnish a surety bond in an amount equal to four months of the agreement price as security for the faithful performance of this Contract. 18. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind the heir:,, successors, executors, administrators, assigns, and subcontractors of both parties. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, coven~int, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 20. COSTS AND ATTORNEYS' FETES. The prevailing party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party. 21. NONDISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion, or sex of such person. If the value of this agreement is, or may be, Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Cupertino Municipal Code pertaining to nondiscrimination in employment and to submit the "Compliance Report- Nondiscrimination Provisions of City of Cupertino Agreements." If CONTRACTOR is found in violation ~~f the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it s}iall thereby be found in material breach of this agreement. Thereupon, CITY shall have the I-ower to cancel or suspend this agreement, in whole or in part, or to deduct from the amount I-ayable to CONTRACTOR the sum of Twenty- five Dollars ($25) for each person for each calendar day during which said person was discriminated against, as damages for said breach of agreement, or both. Only a finding of the 6 State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of ~~greement under this paragraph. If CONTRACTOR is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative acti~~n guidelines pertaining to this agreement, CONTRACTOR shall be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONTRACTOR is Pound to have been in such noncompliance as damages for said breach of agreement, or both. 22. AGREEMENT CONTAINS AI,L UNDERSTANDINGS. This document represents the entire and integrated agreeme~it between CITY and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by writtf;n instrument, signed by both CITY and CONTRACTOR. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. 7 CALl~i ORNIA STATE OF CALIFORNIA COUNTY OF SANTA CLARA On JANE 11, 2002 DATE } before me, nESBZE EvANs NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared, RA~.rH v. TAi.AiKANTES, sR. personally known to me (or 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 authariied capacity(ies), and that by his/her~their signature(s) on the instrument the person(s), orth~~ entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL.) NOTARY PUBLIC SIGNATURE DEBBIE EVANS coMIMI. s 1357586 -arwer n~~c • cuiroiw~ SANTA CLARA COUNTY Comm. Ems. MIRY 21 2006 ~~ ~~~: ~°~ OPTIONAL INFORMATION A:~v,..a `~ .-~~.: ~f TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT _ NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE P.O. No. IN WITNESS WHEREOF, the parties have executed this Agreement, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO: By: Mayor CONTRACTOR: By: Attest: ~~ih City Cl Date: o~ 5 , 20aa ity Clerk Notary acknowledgment is required. If a corporation, corporate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation, a Social Security No. is required. ~'~~-s~~ fr~L ~y ~z~~ Social Security # Federal Tax I.D. # Contractor's License No. t ~/ ~~:2 ,~~ ~l'~ Project Name & Number: Maintenance of Curbs, Isutters and Sidewalks, Project No. 2002-02 Contractor Name & Address: Tallys Enterprises 2175 LaMiel Way Campbell, CA 95003 Agreement Amount: $ 520,635.00 Account Number: 270-8403-7014 File No.: 50,339 FOR ITEMS 3, 4, 5 AND 6, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN T:EIESE WII.L NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE 1. Insurance Agreement -Must be signed by Co~itractor. 2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Primary Insurance -must be signed by the insurance agent for general liability and automobile liability only. 4. Additional insured endorsement -must be signed by the insurance agent for general liability and automobile liability only. 5. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insL~rance agent for general liability only. 6. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the insurance agent for worker's compensation only. 7. Notice of policy cancellation endorsement - rnust be signed by the insurance agent or must be on the company's certificate of insurance form fo:r all insurances. Insurance In:~tructions nn CUPEI~TINO INSURANCE AGREEMENT ', A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial or comprehensive general liability insurance, aut~~mobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form pre:~cribed by the City and shall be underwritten by insurance companies satisfactory to the City i~or all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A, Class VII or better. Worker's Compensation Liability In a~~cordance with the Worker's Compensation Act of the State of California - $1,000,000 per occurrence. Insurance Agreement Page 1 of 2 Public Liability -either commercial general Combined single limit of $1.0 million per liability or comprehensive general liability; occurrence; $2.0 million in the aggregate. including provisions for contractual liability, personal injury, independent contractors and property damage coverages. Automobile Liability -comprehensive covering Combined single limit of $1.0 million per owned, non-owned and hired automobiles. occurrence. Consultants only: Errors and Omissions liability. $1.0 million per occurrence. ~- ~ By:., ~ ~ ~ ( ntractor's Name) Dated: 20~ Insurance Agreement Page 2 of 2 an of CUPEI~TINO CERTIFICATE Off' INSURANCE TO TBE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the 'insured named below and are in ford at this time. Insurcd: Tally's Enterprises Address: 2175 La Miel Way _ Campbell, CA 95008 Description of operations/locations/products insured ;show contract name and/or number, if any): Concrete Flat Work WORKER'S COMPENSATION * Statutory 1~Iin. * Employer's Navigators Insurance Company Liability {name of insurer) $ 1,000,000__ $1,000,000 $1,000,000 Insurance Company's State License No. Check Policy Type: Each Occurrence $ 1,000,000 COMPREHENSIVE GENERAL LIABILITY [ XI PremisesJOperations General Aggregate (if ap~~licable) $ 2,000,OOQ DC ] Owners & Contractors Protective [ ] Contractual for Specific Contract [X] Products Liability [X] XCU Hazards [X] Broad Form P.D. [ J Severability of Interest Clause Aggregate Personal Injury $ 1,000,000 Fire Damage (any one fire) $ 50,000 [ X] Personal Injury with Medical Expense $ 5,000 Employee Exclusion Removed (any one person) or Self-Insured COMMERCIAL GENERAL Ll[ABII.ITY Retention $ (name of insurer) Policy No. PL201532 Expiration Date 3/10/03 Certificate of Insurance Agreement Page 1 of 2 Public Liability -either commercial general Combined single limit of $1.0 million per liability or comprehensive general liability; occurrence; $2.0 million in the aggregate. including provisions far contractual liability, personal injury, independent contractors and property damage coverages. Automobile Liability -comprehensive covering Combined single Limit of $1.0 million per owned, non-owned and hired automobiles. accurrence. Consultants only: Errors and Omissions liability. $1.0 million per occurrence. TallYs Enterprises gy;_ (Contractor's Name) Dated: May 30 2002 Insurance Agreement Page 2 of 2 AUTOMOTTVFNEHICLE LIABILITY F3ODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident Liability Coverage $. $ F.ach Accident Navigators Insurance Company (name of insurer) $_ or Combined Single Limit $ 1,000,000 Policy No. AC11045741 Expiration Date 3/10/03 ~~r"`~ A copy of all Endorsement: to the policy(ies) which in any way (agent's initial) limit the above-listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is nvt an insurancE; policy and does not amend, extend yr alter the coverage afforded by the policies listed herein. Notwithstanding any requirement', term, or _ condition of any contract or any other document with respect to which this Certificate of Insurance ~ • may be issued or may pertain, the insurance afforded by the policies described herein is subject to - all the tennis, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above pol:icy(ies) provide liability insurance as required by the Agreement between the City and the insured. By: William D. Beck Dated• May 30 20 02 Attach Certificate of Insurance and Additional Insured Endorsement on company forms. Certificau of Insurance A;~eement Page 2 of Z of CUPEI~ZINO ENDORSEMENT OF PRIQVIARY INSURANCE ~ In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or an,y other Endorsement attached thereto, it is agreed as follows: The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insureds) shall be called upon to cover a loss under said additional policy. POLICY INFORMATION 1. Insurance Company: Navigators Insurance 2. Insurance Policy Number. P I-201532 3. Effective Date of this Endorsement: May 30 _ , 2002 4. Insured: Tall~s Enterprises All notices herein provided to be given by the Insurance Company to the City in connection ~' with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, William D. Beck {print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. -~ Signature of Authorized Representative: ~~wl~,'~~u~ ~ ~>,~/ (Original signature required on all Endorsements furnished to the District) Name of Agent/Agency: All West Insurance Brokers Title: Partner Address: P.O. Box 1737 Campbell. CA 95009 Telephone: 408 379-1810 Facsimile: ~8) 3747942 Primary Eadorsem~:nt Page 1 of 1 n CUPEi~TINO COMPREHENSIVE GENERAL LIABII.TTY COMMERCIAL GEt~iERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE IF'ER PR03ECT Ian consideration of the policy preanium and not<~vithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modified the insurance provided under the General Liability Coverage part of the below-referenced policy of insurance. The general aggregate limit under LIlVITTS OlF INSURANCE applies separately to the project' described as POLICY INFORMATION ,1. Insurance Company: Navigators Insurance 2. Insurance Policy Number: P L201532 3. Effective Date of this Endorsement: May 30 2002 4. Insured: Tally's Enterprises 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endor<ement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95t11•~. I, William D. Beck (printltype name) warrant that I have authority to bind the below :listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: ~i~G-~~_~~_,., ~ ~~~~ (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: All West Insurance Brokers Title: Partner Address: P.O. Box 1737 __ Telephone: 408 379-1810 Campbell, CA 95009 __ Facsimile: (408) 3747942 1 Aggregate Limits E:ndorsemeat Page 1 of 1 anoF CUFEI~TiNO ADDITIONAL INSURED ENDORSEMENT l In consideration of the policy premium and notwithstanding any inconsistent statement in the 'policy to which this Endorsement is attached or z~ay other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be: obtained and their directors, officers, engineers, agents and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contactor at or upon any of the premises of the City in connection with the Contract with the City, or ;acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. POLICY INFORMATION 1. Insurance Company: Navigators Insurance C:ompany 2. Insurance Policy Number. P L201532 3. Effective Date of this Endorsement: May 30 _ 20 02 4. Insured: Tallys Enterprises All notices herein provided to be given by ~:he Insurance Company to the Cit}~ in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the Ciry at 10300 Torre Avenue; Cupertino, California 9:1014. I, William D. Beck ____ (print/type name) warrant that I have authority to bind the below li:ated Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: ~/ ~-'~9~~-L'~e~~-- ~`~ ~ (Chiginal signature required on all Endorsements furnished to the District) Names of Agent/Agency: All West Insurance Brokers 'I'i~e; Partner Address: P.O. Box 1737 Telephone: 408 379-1810 Campbell, CA 95009 Facsimile: (408) 3747942 Additional Insured l::ndocsement Page Z of 1 a ~ • ~ i QTY of CUPEI~TINO WAVER OF SUBROG~-TION ENDORSEMENT WORKER'S COMPENSATION INSURANCE In consideration of the policy premium and ~aotwithstanding any inconsistent statement in the ~ policy to which this Endorsement is attached or arty other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurtncc; as is afforded by the policy, the Insurance Company waives any right of subrogation it may require against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above-referenced Contract. POLICY INFORMATION 1. Insurance Company: Navigators Insurance 2. Insurance Policy Number: PL201532 3. Effective Date of this Endorsement: Nlay 30 ~ 20 02 4. Insured: Tally's Enterprises All notices herein provided to be given by tl~e Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, William D. Beck (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. ~ ;~ Signature of Authorized Representative: ~~ ~~~~~ r(~-` (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: All West Insurance Brokers Tice; Partner Address: P.O. Box 1737 ~ Telephone: {408j 379-1810 Campbell, CA 95009 Facsimile: 408 3747942 Subrogation Endorsement Page 1 of 1 CUPE1~TtN0 NOTICE OF POLICY CANCELLATIOI`1 ENDORSEMENT In consideration of the policy premium ~tnd notwithstanding any inconsisteat statement in the policy to which this Endorsement is attachedi or any other Endorsement attached thereto, it is agreed as follows: Cancellation Notice. The insurance affo:rdeci by this policy shall not be suspended, voided, ,canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given tv the City of Cupertino ("City"). Such notice shall be addressed to the City zs indicated below. POLICY INFORMATION 1. Insurance Company: Navigators Insurance 2. Insurance Policy Number: PL.201532 3. Effective Date of this Endorsement: May 30 20 02 4. Insured: Tallys Enterprises All notices herein provided to be given by tike Insurance Company to the City in Connection with this policy and this Additional Insured Endo~sernent, shall be mailed to or delivered to the City at 1000 Torre Avenue; Cupertino, California 95414. I, William D. Beck (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. ~~'i~L~'l~f Signature of Authorized Representative: ~ ~~~~~ (Original signature required on all Endorseme~zts furnished to the District) Names of Agent/Agency: All West Insurance Brokers Title: Partners Address: P.O. Box 1737 Telephone: (408) 379-1810 Campbell, CA 95009 Facsimile: 408 374-7942 .. Cancellation Endorsement Page 1 of 1 BOND NO.: 150757 ~~' FAI'T)~F'UL PEItF(}RMANCE BOND KNOW ALL MEN BY TI~,SE PRESENT: THAT Wg, Talamantes, Ralph dba: Tally's Enterprises Principal' (contractor's name) ~ and American Contractors Indemnity Company Surety ~ ' (bonding company's name) are held and firmly bound unto the Ci of C'u ty pertino, State of California, irr the sum of One Hundred Seventy Three Thousand Five Hundred Forty Five ~ No/100 law money of the United States, for the payment of whir_h will and truly to be made, we bind ourselves our heirs, executors, successors and assigns, jointly ~usd severally, firmly by these presents. THE CUNDi11UN of the foregoing obligation is such that, WH1rREAS, the Principal has entered into a contract with the City dated July 16 20 02 with the obligee to do and perform the following work to-wit: Maintenance of Curbs, Gutters and Sidewalks -Project No. 2002-02 NOW, THEREFORE, ~ the said principal shall well and truly perform the work contracted to be performed under said contract, then this obligation sbal] be void; otherwise to rtmain in full finrr.. vnn_' AiiPri IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety this 9th day of July 20 02 (To be signed by Principal and Surety, Notary acknowledgment required) CONTRACZ'QRTally's Enterprises 2175 La Miel Wa -- Campbell, CA 95008 -'- Ralph Talamantes -' Principal - --- American Contractors Indemnity Company Surety --- Street Address: 9841 Airport Blvd. , 9th Floor City, State, Zip Los Angeles, CA 90045 By: Debbie Evans Attorney-In-Fact The above bond is accepted and approved this day of . 20_ Faithful Performance Pale I of 1 - American Contractors Indemni Com an tY P Y 9841 Airport Blvd., 9th Floor Los Angeles, California 90045 '~ °~.Q 714 POWER OF .ATTORNEY KNOW ALL MEN BYTHESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint, Debbie Evans and Soph~en La of San Jose, CA Its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed $ ***t,5cx~,t1[x~ nn Douarc*** .This Power of Attorney shall expire without further action on January 16, 2003. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any ice President, Executive ice President, Secretary or Assistant Secretary, shall have the power and authority j 1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, -bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney-in fact and revoke the authority given. RESOLVED FURTHER, that`the signatures of such officers and the seal o,~the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any-such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by~'acsimile signatures and facsimile sea[ shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is ;attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1st day of September, 2000. `o~,~~~Jp~,/yo AMERICAN CONTRACTORS INDEMINITY COMPANY Ol(ORPORAiED ~? y SEPi 26,1990 -~c ~ •o^ By: C41•~ Fundy T. Faust, Jr., Corporate President STATE OF CALIFORNIA - § COUNTY OF LOS ANGELES § On this 1 st day of September, 2000 before me personally came Andy T. Faust, Jr., Corporate President of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal ~~ f~ESa: Commission ~ t Z05~180 .~ l yt ,f~.._ ~/(e 2~ z "'~ rvotary Pu~tc - carromia Los M>Beles County D borate Reese, Notary ~~.~~~ 16.E I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 9TH day of JIILY 200 2 Bond No. 150757 Agency No. #9013 4.. JAMES H. FERGUSON, 'orporate Secretary y~~^y~ rev. POA04/20/01 /{ . . -~ ~tCALIFORNIA ALL-PURPOSE ACKNOWLEDtaMENT State of CALIFORNIA County of SANTA CLARA On JOLY 9, 2002 Date personally appeared _ before me, AIl'R`iE M. SCHLOSSER, NOTARY PUIi1.1 C DEBBIE EVANS Name and Titte of Otlicer (e.g.. 'Jane Ooe. Notarr Puh~~r,') i i•; :;~ :, r. ,~ Name(s) of Spner(s) L~ personally known to me - OR - o be the person() ' ~ whost: name() is/.~xe subscribed to the within instrument ?~ and acknowledged to me that/she/~ executed the same in k1~/her/t~cauthorized capacity(), and that by *' AIMME M. SCHLOSSER ~ ~/hE~r/t~k signature( on the instrument the person(, ~ COMM. # 1314101 or thEt entity upon behalf of which the person) acted, NOTARY PUBLIC-CALIFORNIA executed the instrument. ALAMEDA COUNTY (7 COMM. EXP. AUG. 11, 2005 ~ WITNESS my hand and official seal. ~, Signa ur ota~ry Pubtic OPTlO~NAL Though the information below is not required 6y law, it may prove valuable to persons relying on the document and could prevent Iraudulent removal and reattachment a/ this form to another document. Description of Attached Document Title or Type of Document: Document Date: ~. :,r ~' ~' r. ~.. 2S ~C~ ,~, ,,. ~~ Signer(s) Other Than Named Above: Capacity() Claimed by Signer Signer's Name: DEBBIE EVANS ^ Individual ^ Corporate Officer Tine(s): ^ Partner - ^ Limited ^ General SI Attorney-in-Fact [-~ Trustee i_i Guardian or Conservator -~ ;.~ t -! Other: Top of thumb here Signer Is Representing: AMERICAN CONTRACTORS NL~jnber of Pages: Signer's Name: ^ Individual ^ Corporate Officer Title(s): __ __ ^ Partner - u Limited ~: General ^ Attorney-in-Fact ~ Trustee _ ~ Guardian or Conservator ~ ;- '~ ~ Other: Top of thumb here Signer Is Representing INDEMNITY COMPANY ~ ----` --1 , ~. ..i-„-1T:•. -. ... .- .-C'r-:i;=~;'~-is~=r.`:%:.`~-~C.'~~~5''~L.`G,'~J4~i%(."rC'.~%G,'r7:~'L`~:~.'~-~,'r`-~.~-`(.`~.'Cv`c:~:~-'\%',\.•-c,'r\Y''~,fl.•-~.~'~.`-\<-,~-~v_._ _ I.~;,i hauar..n hu,rr ,~,s..e~a:::,n • . _ _; Hrmmat n~c.. FA. 2oz 71da • Canoga Park. CA 31 J~5-71Ba rrcd. No. 53U; ~+. _.xr. i;a; 1w F ::~ t c,::~dlc cc_: -~ BOND NO.: 150757 LABOR AND MATERIAL BOND arrow ALL lv)Eiv By T~s>r Pxi;sEiv~r: WHEREAS, the City of Cupertino, State of California, and Talamantes, Ralph dba: Tall 's Ente rises hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and e y mutters and sidewalks -- Project No. _002 OZ P~ctpal of Maintenance of curbs, more particularly described in said contract; and incorporated herein by reference. QVI~I2EAS, said principal is required to furnish a bond in connection with said con[rart, providing that if said l'rinc}pal, or any of his or its subcontractors, shall fail to pay for materials, provisions, provender or other supplies or teams iiscd in, upon, for or about the work contracted to be done, or for any work or labor done thereon of any kind, ih Surety oncsa.id bond shall pay the same to the extent hereinafter set forth; NOW, 'T~)~FO~~ yam, Tally's Eni=erprises as Principal, and American Contractors Indemnity~Cc-mp ny~e) (bondin co ~ as Surety, Fyrmly tiinr3 nt rcPi r+c g mpany'S IIali2e) the ox j.z,~suto unto Ci of ~~ sttcv°S.5^=s and assn-ns; i,iu'~i,. ~~a ty Cupertino, and any and all mateiialmen ~ ` ' '~`~~` sL'`t'"%• furnishing materials, provisions, provender or othr;r suppiie~s used ~ mpames, or corporationu performance of the aforesaid work contracted to be executed or perfommedn underothe o nitract hereinabove mentioned, and incorporated herein by reference, and all corporations lending or hiring teams, implernents or machine Persons, companies or be done, and all persons who perform work or Iabcr upon the~samerand all ptemrsons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in tl~c just and full sum of ** 5.00 THE CONDITION OF THIS OBLIGATION :[S SUCH subcontractors, heirs, executors, administrators, succe;ssocs or assig s,1 s6aazl I fl~to pa ~ o ° aziy materials, provisions, provender or other supplies or teams used in, u n performance of the work contracted to be done, or for any work or tabor thereon of any kind, yr fir amounts due under the Unemployment Insurance Act with respect to such work or labor, or any aztd all damages arising under the original contract, then said Surety will pay the same and also will pry in case suit is brought upon this bond, such reasvrtable attorney's fee as shall be fated by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any Shit brought upon this bond_ L.abar and Material Page 1 of 2 - And the said Surety, for value received, hereby stipulates, and agrees that. no change, extension of time, alteration or addition to the turns of the contract or to the work to be performed thereunder or the specifications accompanying tt;,e same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the speciFcations. 9thy WITNESS WFIEREOF, this instl'umen2 has been duly executed by Principal and Surety [his day of July 20 02 (To be signed by Principal and Surety Nom, acknowledgments required.) CONTRACTOR Tall 's Ente rises 2175 La Miel Way, Cam bell, CA 95008 Principal Ralph Talamantes American Contractors Indemnit Com an~_ Surety Street Address; 9841 Airport Blvd. , 9th Floor City, Slate, Zip Los Ankeles, CA 90045 By: Debbie Evans Attorney-ln-tact The above bond is accepted and approved this day of 20 Labor and Material Page 2 of 2 - _ - ___ _ _ . ~ .American Contractors Indemni Com an tY P Y 9841 Airport Blvd., 9th Floor Los Angeles, California 90045 POWER OF ATTORNEY °~ -0 713 KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint, Debbie Evans and Soph.en La of San Jose, CA Its true and lawfixl Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory. in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed $ ***1.500.000.00 Dollars*** .This ]?ower of Attorney shall expire without further action on January 16, 2003. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any ice President, Executive ice President, Secretary or Assistant Secretary, shall have the power and authority' 1. ' To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, -bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney-in fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal o~rthe Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1st day of September, 2000. c~~~~CTp~~yO AMERICAN CONTRACTORS INDEMNITY COMPANY S NKORPORAI® y SEPT. 26,1990 -'ic ~j, ,g gy. _ * .* ~.ndy T. Faust, Jr., Corporate President STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this 1st day of September, 2000 before me personally came Andy T.:Faust, Jr., Corporate President of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. ~ D~ORAH REE3E Commission It 1 205180 -s0 ~ ,~- ~/(e 2d~. z -• Notary Public - Calitomia D Borah Reese, Notary los Mgeles County -Ny Comm. E~iras Jon 16,2003 I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have bee~i revoked and they are now in full force and effect. ' IN WITNESS HEREOF, I have hereunto set my hand this 9TH day o f JOI,Y , 200 2 Bond No. 150757 Agency No. #9013 JAMES H. FERGUSON, 'orporate Secretary __ rev. P A04/2 _ .,' ~ ~ a . .+ CALIFORNIA ALL-PURPOSE ACKNOWLED~aMENT State of CALIFORNIA County of SANTA CLARA On JDLY 9, 2002 Date before me, ~~ M. SCHLOSSER, NOTARY PU131,1 C Nama and Title of Otlicer (e.g.. 'Jane Doe. trotary Puni~~.') personally appeared DEBBIE EVANS Nams(s) of Signer(s) LR! personally known to me - OR - o be the person( ?~ whose nameO is/ixe subscribed to the within instrument ?~ and acknowledged to me that/she/t~C executed the same in $1<6/her/tl~authorized capacity(), and that by ~/hetr/tom signature(;q on the instrument the person(, or the) entity upon behalf of which the personps) acted, *' AIMME M. SCHLOSSER~ executed the instrument. Q ~+ ~ NOTARDY PU LIC,CALIfORNIA ALAMEDA COUNTY Q COMM. EXP. AUG. 11, 2005'' L ~S ~: << <•:: ~' .; ~, WITNESS my hand and official seal. Si9 alb( re of Notary Public ~ - 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 o/ this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity() Claimed by Signer Signer's Name: DEBBIE EVANS ~~ ^ Individual ~;~ ^ Corporate Officer rs Title(s): ~Q ^ Partner - ~ Limited ^ General '<' !t0 Attorney-in-Fact .: ~' (7 Trustee ~f~ Guardian or Conservator ~' ;~ ~'~ ! .I Other: Top of (numb here Signer Is Representing: AMERICAN CONTRACTORS Signer's Name: NL~nber of Pages: _ ^ Individual ^ Corporate Officer Title(s): ^ Partner - u Limited L: General ^ Attorney-in-Fact ^ Trustee ~i :;~ :~ - - ~, --- --- ~ c ~° -- - ~. ^ Guardian or Conservator ~ ' ~ ~-~ ^ Other: ice of thumb narc Signer Is Representing: INDEFIItTITY COMPANY I -- ~ I '' ~, ....-•.T .~~~::' ,. ,-- ^C"=~.`~.~ `;.rC. 4 CC_~JLtJi"-t.~C.~C._<..i~~. -.`'_~(.>-~:-:4~-~<.`CL ~-.~~-~,~_c.-~~-~;'=2.~-'~ '.:~_t..~..-:.-_ .. l +•i~: f.aB,:na1 Madrr ,;,g„iu::o•i • .:::~ Wrrnmat A.c.. P,J. cox 71d.t • Ganda Park. CA 913u5.718.1 rrcC. No. 5357 n__..:_r. ~:a.l h;~l i-rsa I :: ri;;;-c:..; Is i ~,~, ,,- ;.~ i i r~ B. BID PP:OPOSAL MAINTENANCE OF CURBS, GUTTES ACID SIDEWALKS, PROJECT N0.2002-02 TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNU~ Dear Sir: In compliance with the plans and specifications furnished for the work of the MAINTENANCE OF CURBS, GUTTERS AND SIDEWALKS the City of Cupertino, PROJECT 2002-02, the undersigned, hereby declare that I have read the proposal requirement, visited the sites, and examined the specifications. I, the undersign~;d, 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 estimated 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 itE;ms or portions of work deemed unnecessary by the Engineer. These quantities shall vary depending on the needs throughout the year. The City has in the past annually budgeted approximately $500,000 per year and anticipate continuing to budget at this level, however the budget is contingent upon City Council approval annually and the budget amount may vary from year to year. This project is a maintenance project that is bid for services to be provided continually throughout the year. The City of Cupertino reserves the right to unil~iterally determine and award the contract to any qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive any irregularities in the procedures. The work to be done consists of furnishing all ilabor, methods of process, tools, machinery and material required to complete the MAIN;i'ENANCE OF CURBS, GUTTERS AND SIDEWALKS, PROJECT N0.2002-02 as described in the Special Provisions. I, the undersigned, shall diligently prosecute the work to completion as before the completion date as specified in the Special Provisions. I fiarther understand that I shall pay to the City of Cupertino the sum of One Hundred Fifty Dollars ($150.00) per day, for each and every calendar day's delay beyond the completion date described in the time for completion portion of these specifications. 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. In the event of discrepancies between the written unit price and the numerical unit price, the written unit price shall govern. BID PROPOSAL PAGE 1 OF 8 ESTIMATED CIUANTITIES The bid unit prices for this project shall be as outlined below. Est.Qty. Item Unit Item 1. Remove&Reconstruct Sidewallcs 37,500 S.F. throughout the City for all Quantities of work at any location Unit Price Total Per S.F. 2. 3,300 L.F. Remove & Reconstruct Curbs&Gutters throughout the ~ ~• OD ~ City for all Quantities of wank at $ - /L.F. $ ~~~ C ~ any location Per L.F. , , 3. 9,000 S.F. Remove & Reconstruct Driveways throughout the City for all Quantities of work at any $ ~~ •~C7 /S.F. $ ~S~a~- ~~ location Per S.F. 4. 300 L.F. Place cutback in A.C. area at lip of gutter throughout the Cit;~ at ~ • any location $ .3- ~d /L.F. $ ~C~. p C, Per L.F. 5. 300 Each Grinding of existing Curbs, Gutters and Sidewalk throuihout the City at any location $ ,.~p • ~.~~ /Each $ ~C~C~C~ ~ C~C7 Per Each 6. 6,000 S.F. Parkstrip Maintenance throughout the City at any location $ •~! r7lj /S.F. $ ~1/Cl C?!~, ~D Per S.F. . 7. 28 Eadh Remove ex. City Street Tree; • throughout the City at any location $ e~C>~i. ~O /Each $ 1~y~Cl- ~Jb Per Each 8. 12 Each Water Service Repair _ $ ~Q- C7L7 /Each $ 91~~i /7G~ Per Each TOTAL BID $ C5~3 ~ L5a BID PROPOSAL :PAGE 2 OF 8 I, the undersigned, agree that if this proposal is a~~cepted, 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 t11e 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, an~i 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 $~~,i c~ ~' : ~~/7, as required by law and the Notice to Bidders. (10% of bid amount) BID PROPOSAIL PAGE 3 OF 8 i NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I, the undersigned, being first duly sworn, depose ~~nd say that I am (Business Title) usiness Name) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, associ~~tion, organization, or corporation. The bid is genuine and not collusive or sham. The bidder ha.s not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder lhas 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 adv~intage against the public body awarding the contract of anyone interested in the proposed cor.~tract. All statements contained in the bid are true and, further, the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or contents thereof, or divulgf:d 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. Bm PROPOSAL PAGE 4 OF 8 BIDDER QUALIFICATION FORM In further compliance with the specifications furnished, I, the undersigned, submit the following statements as to my experience and qualifications to perform this work as a part of this proposal. We have been in business under the present name for %~- years. Our experience in work comparable with that req~.ured by the proposal contract is J~,r~_ yeazs operating under the following different name(s). CA ~ My California Contractor's License Number is ~a ~{!~ 7 6 The classification of my Contractor's License is ~~ / ~ ~ --~ ,.-~ ~/i ~~ The expiration date for my Contractor's License is ~ ~,~D /~ ~~~ * (This Section for City use only) * The above information has been verified by ' * Contractors State License Boazd (800) 321-2752 or (408) 277-1244. Where federal funds aze involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State of California, however, at the time the contract is awarded the contractor shall be properly licensed. BID PROPOSAL PAGE 5 OF 8 BIDDER ffiSTORY OF WORK The following is an example of work similar in character to that required in the proposed contract which our organization or personnel in •our organization has completed within the past . three (3) years. For Whom Contact Year Location Type of Work Performed Phone No. Amount ~. - .r .~~ ~~~K v l ~S9 '` ~~ boo K :~ ~~' t8 - I~i~ l '` '` ' . BID PROPOSAL. PAGE 6 OF 8 "~ i SUBCONTRACTOR'S FORM The subcontractor(s), as defined in the General iProvisions and in Section 7026 of the California Business and Professions Code, that I propose tc- hire to perform any of the work for this project in an amount in excess of one-half of one percelit (0.5%) of the total bid are listed below. Only those listed below shall perform work on this pr~~ject and each of them has been ovided with a full and complete set of plans and specifications for this project by the bidder. 1. Name ~~ -Contractor's License ~. ~' Address & phone no. _ Work to be Performed 2. Name Address & phone no. Work to be performed 3. Name "~ Address & phone no. Work to be performed 4. Name Address & phone no. Work to be performed Contractor's ILicense No. s License No. Contractor's License No. 5. Name Contractor's License o. Address ~ phone no. Work to be performed 6. Name Contractor's License No. Address & phone n. . Work to be performed BID PROPOSAL PAGE 7 OF 8 BIDDER'S SIGrTATURE FORM IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO- PARTNERSHIP, STATE THE COMPANY iVAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A CORPORATION, STATE .THE LEGAL NAME OF THE CORPORATION AND THE NAMES OF THE PRESIDENT, SECRETARY-TREASURER, AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE. TYPE OF NAME OF BusllvESS ~,,~ BusrNESSJ~~f ~' ~~/~rvr~ses CORPORATION: CO-PARTNERSHIP: INDIVIDUAL: JOINT VENTURE: OTHER: (De:~cribe) Name and Signature of Bidder: (Prurt or type name) Date: Address (mailing & location): ~-_ ~ ~~ ~~~~~ Telephone Number: ~ `~~ /~,~~ ~©` ~ 9~~~ Aclrnowledgment of all addenda received is required by circling each addendum number. BID PROPOSAL PAGE 8 OF 8