01-055 Graham Contractors, Inca~~ ~
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE INACCORDANCE
WITH GOY. CODE 6103
DOCUMENT' 16085448 Titles~1 /Pages 3
Fees.... No Fees
Taxes...
Copies.. ~-
.eeiseesaae^ AMT PA ] D
BRENDA DAVIS RDE # 010
~~ANTA CLARA COUNTY RECORDER 1/31/2002
12 33 PM
F'ecorded at the request of
city
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
CERTIFICATE OF C OMPLETION AND
NOTICE OF ACCEPTATfCE OF COMPLETION
ANNUAL SLiJRRY SEAL
PROJECT' 2001-03
O 'G-.
~~~
Original
O For Fast Endorsement
~~ 1
CITY OF
CUPEI~TINO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
PUBLIC WORKS DEPARTMENT
CERTIFICATE OF COMPLETION
ANI)
NOTICE OF ACCEPTANCE OF COMPLETION
ANNUAL SLURRY SEAL, PROJECT 2001-03
NOTICE IS HEREBY GNEN 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 contract for doing which was entered into by and between the City of
Cupertino and McCrary Construction Company on .July 17, 2001, in accordance with the plans and
specifications for said work, have been completed to my satisfaction and acceptance of completion was
ordered by the City Council on January 22, 2002.
That said work and improvements consisted of furnishing all labor, materials, tools, and
equipment required to complete said project, all a.s more particularly described in the plans and
specifications for said project.
Director of Public Works and
City Engineer of the City of Cupertino
January 23, 2002
Panted 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 29th day of January, 2002 a~: Cupertino, California.
Administrative Clerk
City Clerk's Office, City of Cupertino
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Il~ulllnllll~llll~llllll~~ll
Titles~l /Pages
Fees....* No Fees
Taxes...
Copies..
AMT PAfD
3
BRENDA DAViS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE # 004
4/01/2002
1038 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE INACCORDANCE
WITH GOV. CODE 6103
REVISED
CERTIFICATE OF COMPLETION AND
NOTICE OF ACCEPTArfCE OF COMPLETION
ANNUAL SLURRY SE~-L, PROJECT 2001-03
~~~
~~ , U
Original
~ For Fast Endorsement
1
CITY OF
CUPEI~TINO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
PUBLIC WORKS DEPARTMENT
REVI.~iED
CERTIFICATE OF COMPLETION
ANI)
NOTICE OF ACCEPTANCE OF COMPLETION
ANNUAL SLURRY SEAL, PROJECT 2001-03
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 contract for doing which was entered into by and between the City of
Cupertino and Graham Contractors on July 17, 2001, in accordance with the plans and specifications
for said work, have been completed to my satisfaction and acceptance of completion was ordered by
the City Council on January 22, 2002.
That said work and improvements consisted of funlishing all labor, materials tools, and equipment
required to complete said project, all as more particularly described in the plans and specifications for
said prof ect.
Director of Public Works and
City Engineer of the City of Cupertino
Date: January 23, 2002
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 they laws of the State of California, that the
foregoing is true and correct.
Executed on the 28th day of March, 2002 at ~~upertino, California.
~~ ~
Administrative Clerk
City Clerk's Office, City of Cupertino
E. CONTRACT FOR PUBLIC WORKS
This CONTRACT made on J1~ 11 ~1 ~ ~~ ~ by the CITY OF
CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and
GRAHAM CONTRACTORS, INCOPRORATED hereinafter called CONTRACTOR.
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
1. THE CONTRACT DOCUMENTS. The complete contract consists of the following
contract documents:
a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion
Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form.
b. Standard Specifications, General Provisions and Special Provisions.
c. Plans and Specifications for STREET MAINTENCANCE -SLURRY SEAL, PROJECT
N0.2001-03
d. Faithful Performance Bond and Materials Bond.
e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional
Insured Endorsement, Endorsement of Aggr~:gate Limits of Insurance per Project, Waiver of
Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation
Endorsement.
f. This Contract for Public Works.
All of the above documents are intended to cooperate so that any work called for in one and not
mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said
documents. The documents comprising the comllete contract are sometimes hereinafter referred to
as the Contract Documents. In case of conflict b~:tween the Plans and the Specifications on the one
hand, and this Contract on the other, the Plans anti Specifications shall prevail.
2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus,
facilities, labor, transportation and materials necessary to perform and complete in a good and
working order, the work of slurry sealing various streets, as called for, and in the manner
designated in, and in strict conformity with, the 1?lans and Specifications prepared by the Engineer
and adopted by CITY, which Plans and Specifications are entitled, respectively, STREET
MAINTENANCE - SLURRY SEAL, PROJECT NO. 2001-03 and which Plans and
Specifications are identified by the signatures of the parties to this Contract. It is understood and
agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be
furnished, and that said work shall be performed and completed as required in said Plans and
Specifications under the sole direction of CONTRACTOR, but subject to the inspection and
approval of CITY, or its representative.
CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr.
Ralph A. Qualls, Jr.
Signature Page 1 of 1
3. CONTRACT PRICE. CITY agrees to pa~~, and CONTRACTOR agrees to accept, in full
payment for the work above agreed to be donf;, the sum of $246,823.94, (TWO HUNDRED
FORTY SIX THOUSAND AND EIGHT HUNDRED TWENTY THREE DOLLARS AND
NINTY FOUR CENTS) subject to additions and/or deductions as provided in the Contract
Documents, per Exhibit A attached hereto.
4. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise
respecting the true value of the work done, or any work omitted, or any extra work which
CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR
during the performance of this Contract, said dispute shall be determined either by reference to the
Unit Prices bid, if applicable, or in accordance: with agreement of prices, if applicable, or in
accordance with the agreement of the parties, or in accordance with Section 6, paragraph "f' of the
General Provisions.
5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all
expense for all necessary permits, licenses and easements for the construction of the project, give
all necessary notices, pay all fees required by law, and comply with the laws, ordinances and
regulations relating to the work and to the preservation of the public health and safety.
6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities
and provide safe access for inspection by CITY Ito all parts of the work, and to the shops wherein
the work is in preparation. Where the Specii~ications require work to be specially tested or
approved, it shall not be tested or covered up without timely notice to CITY of its readiness for
inspection and without the approval thereof or consent thereto by CITY. Should any such work be
covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered
for examination at CONTRACTOR'S expense.
7. EXTRA OR ADDITIONAL WORK AND (~HANGES. Should CITY at any time during
the progress of the work require any alterations, deviations, additions or omissions from the Plans
and Specifications or the Contract Documents, (;ITY shall have the right to do so, and the same
shall in no way affect or make void the Contract. but the cost or value thereof will be added to, or
deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable
valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the
Standard Specifications, or in accordance with thf; agreement of the parties. No extra work shall be
performed or change be made except by a writte~l order from CITY, duly authorized by resolution
of the City Council, and by all agencies whose ~ipproval is required by law, stating that the extra
work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless
so ordered.
8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the
right to make changes in this Contract during the course of construction to bring the completed
improvements into compliance with environmental requirements or standards established by State
and Federal statutes and regulations after the; Contract has been awarded or entered into.
CONTRACTOR shall be paid for such change; either by reference to the Unit Prices bid, if
applicable, or in accordance with the agreement of the parties.
9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be
terminated, amended or modified, with the mutual consent of the parties. The compensation
payable, if any, for such termination, amendme~it or modification, shall be determined either by
reference to the Unit Price bid, if applicable, the ;Standard Specifications, or in accordance with the
agreement of the parties.
10. TIME FOR COMPLETION. All work under this Contract shall be completed in
accordance with the Time for Completion section in the Proposal and the Specifications of this
project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its
employees, or those under it by contract or otherwise, or by changes ordered in the work, or by
strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any
causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any cause which
CITY shall determine justifies the delay, then the time of completion shall be extended accordingly.
This paragraph does not exclude the recovery of damages for delay by either party under other
provisions in the Contract Documents.
11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a
sufficient time in advance of the manufacture, production or testing of materials to be supplied
under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and
testing of same.
12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be
adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a
receiver should be appointed on account of insol~~ency, or if CONTRACTOR or any subcontractor
should violate any of the provisions of the (:ontract, CITY may serve written notice upon
CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such
notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within
ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements
for corrections thereof be made, the Contract shall, upon the expiration of said ten (10) days, cease
and terminate. In the event of any such termination, CITY shall immediately serve notice thereof
upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take
over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after
the serving upon it of notice of termination does not give CITY written notice of its intention to
take over and perform the Contract, or does not ~~ommence performance thereof within thirty (30)
days from the date of the serving of such notice, CITY may take over the work and prosecute the
same to completion by contract, or by any other method it may deem advisable, for the account and
at the expense of CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall be
liable to CITY for any excess cost occasioned ley CITY thereby, and in such event CITY may,
without liability for so doing, take possession of, ;rnd utilize in completing the work, such materials,
appliances, plant and other property belonging t:o CONTRACTOR as may be on the site of the
work and necessary therefor.
13. THE CITY'S RIGHT TO WITHHi~LD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition t~~ amounts which CITY may retain under other
provisions of the Specifications until final completion and acceptance of all work covered by the
Contract, CITY may withhold from payment to (;ONTRACTOR such an amount or amounts as in
its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for
labor and services rendered and materials furnished in and about the work.
City may apply such withheld amount or amounts to the payment of such claims in its discretion.
In doing so, CITY shall be deemed the agent oil CONTRACTOR, and any payment so made by
CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and
CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment
may be made without prior judicial determination of the claim or claims. With respect to any
retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be
entitled to substitute securities as provided in Se~~tion 4590 of the California Government Code as
more fully described in CITY' S Notice to Contras;tors.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this
Contract shall be in writing, and shall be dated anal signed either by the party giving such notice, or
by a duly authorized representative of such party. Any such notice shall not be effective for any
purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY,
either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United
States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE
AVENUE; CUPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to
CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR' S
duly authorized representative at the site of the project, or by depositing same in the United States
mails enclosed in a sealed envelope, ~iddressed to, GRAHAM CONTRACTOR
INCOPRORATED, 860 LONUS STREET, SAN JOSE, CA 95126, postage prepaid and
certified; and (c) if notice is given to CONTRAACTOR'S surety or any other person, either by
personal delivery thereof to CONTRACTOR'S surety or other person, or by depositing
same in the United States mails, enclosed in a ;pealed envelope, addressed to CONTRACTOR' S
surety or person, as the case may be, at the addr~;ss of CONTRACTOR'S surety or the address of
the person last communicated by such person to the party giving the notice, postage prepaid and
certified.
15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys
due or to become due thereunder, shall be assig~ied by CONTRACTOR without the prior written
approval of CITY.
16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the
Specifications, any material or process is indicated or specified by patent or proprietary name, or by
name of manufacturer, such Specifications must tie met by CONTRACTOR, unless CITY agrees in
writing to some other material, process or article offered by CONTRACTOR which is equal in all
respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any
such material, process or article offered as a substitution to the one(s) specified.
17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract
Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S
employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall
require any and all subcontractors similarly to provide Worker's Compensation and Employer's
Liability Insurance for all of the Tatter's employees unless such employees are covered by the
protection afforded to the CONTRACTOR.
In signing this Contract CONTRACTOR make, the following certification, required by Section
1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against li~ibility for worker's compensation or to undertake
self insurance in accordance with the provisions of the Labor Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection
of persons (including employees) and property. 'The safety provisions of applicable laws, building
codes and construction codes shall be observed. Machinery, equipment and other hazards shall be
guarded or eliminated in accordance with the safety provisions of the Construction and Safety
Orders issued by the Industrial Accident Commis;~ion of the State of California.
19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not
be responsible for the cost of repairing or restoring damage to the work caused by Acts of God.
NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain
the insurance to indemnify CITY for any dama€;e to the work caused by Acts of God. "Acts of
God" shall include only the following occurrences or conditions and effects: earthquakes and tidal
waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of
emergency by the President of the United States or by the Governor of the State of California, or
were of a magnitude at the site of the work suffi~~ient to have caused a proclamation of disaster or
state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not,
in any way or manner, be answerable or suffer :loss, damage, expense or liability for any loss or
damage that may happen to said building, work, or equipment or any part thereof, or in, on, or
about the same during its construction and before acceptance.
20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first-
class quality of all work and of all materials, apparatus and equipment used or installed by
CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this
Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which
event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed
by CONTRACTOR will conform with the Plains and Specifications or any written authorized
deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether
latent or patent, revealed to CITY within one (11 year of the date of acceptance of completion of
this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY.
P.O. No.
21. DEFERRED ALTERNATE SELECTI0~1. The City reserves the right for the term of the
Contract, the deferred selection of none, any or all alternate bid items at the bid price. The
alternates chosen would be for any sites currently under construction or to be constructed in the
future.
IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and
year first hereinabove written.
CITY OF CUPERTINO: CONTRACTOR:
By: G.R. Graham, Jr., President
Mayor Graham Co ractors, Inc.
By:
Attest: ~L Notary acknowledgment is required. If a
City rk corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
I.D. are required. If not a corporation a
Date: 7 ~/ 7 , i~ dOo / Social Security No. is required.
City Clerk
94-2328452
Social Security # Federal Tax I.D. #
APPROVED AS TO FORM:
Contractor's License No. 315789
City Attorney
Project Name & Number:STREET MAINTENANCE -SLURRY SEAL, PROJECT N0.2001-03
Contractor's Name & Address: Graham Ca~ntractor, Incorporated
860 Lonus'.~treet
San Jose, C'A 95126
408-293-95116
Contract Amount: $ 246,823.94
Account Number: 270-9450-9300
File No: 98,493.69
CALIFORNIA ALL-PURPOSE ACKNOINLEDGMENT
State of California
County of
SANTA CLARA
ss.
On JULY 16, 2001 ,before me, TONY GULBRAA, NOTARY PUBLIC ,
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared GERALD R. GRAHAM JR.
Name(s) of Signer(s)
f~f-personally known to me
CI proved to me on the basis of satisfactory
evidence
t,~
TONY D. GULBRAA
Commission # 12T70t38
Notary Public - California
Santa Clara County
MY Comm. Eames Sep 16, ?.(m4
~~
to be the person(,s~ whose name( is/ace
slabscribed to the within instrument and
a~~knowledged to me that he/sey executed
tfie same in his/hes,~eir authorized
c,~pacity(+es), and that by his/her~lae+r
signature(st•1 on the instrument the person(.sj, or
tl'le entity upon behalf of which the person(
a~~ted, executed the instrument.
V111TNESS y hand and official eat.
_ .~.L~[~Qc.~
Place Notary Seal Above Signature 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 of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Number of Pages:
Signer's Name: __ GERALD R. GRAHAM JR. , PRESIDENT
^ Individual
~` Corporate Officer -Title(s): PRF.STDRNT
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing: GRAHAM CONTRACTORS INC.
Top of thumb here
®1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswonh, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
ITY <]
CUPE~TINfl
INSURANCE FORIVTS INSTRUCTIONS
FOR ITEMS 3, 4, 5 AND 6, THE FORMS P][tOVIDED BY THE CITY OF CUPERTINO
MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED.
ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE
1. Insurance Agreement -Must be signed by Contractor.
2. Certificate of Insurance to the City of Cu]~ertino -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 -must be signed by the insurance agent or must be
on the company's certificate of insurance form for all insurances.
Contract Page 7of 7
~.
in o
cu~~~~r~~ro
INSURANCE AGREEMENT
A. Contractor is. aware of the provisions oi' Section 3700 of the Labor Code, which requires
every employer to be insured against liabilit}~ 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, autc-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 pres~;ribed by the City and shall be underwritten by
insurance companies satisfactory to the City far all operations, sub-contract work, contractual
obligations, product or completed operations, al!1 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 thc: provisions for indemnification of the City by
Contractor under this Contract and for the durati~~n of the warranty period. Notwithstanding nor
diminishing the obligations of Contractor with re:cpect 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 accordance with the Worker's Compensation
Act ~~f the State of California - $1,000,000 per
occurrence.
Insurance Agreement Page 1 of 2
Public Liability. -either commercial general liability Combined single limit of $1.0 million per
or comprehensive general liability; including occurrence; $2.0 million in the aggregate.
provisions for contractual liability, personal injury,
independent contractors and property damage
coverages.
Automobile Liability -comprehensive covering
owned, non-owned and hired automobiles.
Combined single limit of $1.0 million per
occurrence.
graham Contractors Inc.
(Contractor's Name)
By:
Dated: JULY 16
20 of
Insurance Agreement :Page 2 of 2
JUL-09-O1 12:41
'.
C.U''Ef~TIN+D
FROG-GRAHAki CONTRACTORS
408-
T-805 P.09/18r-503
CER'7'~F1ICATE OF INS'C)RANCE TO THE CITY OF CTIPER~'IN'O
Thi& certifies to the City of Cupertino that the fol:;owing described policies have been issued to the
insured named below aztd are in force at this time,
~119ure~; Graham Contractors Inc.
Address: P.o. Box 26~~0 ~"`
San Jose, CA 95159
`:
Description of operations/locations/products insured (shor~v contract name and/or number, if any);
Street Maintenance-Slurr Seal, Pro:iect No. 2001-03
WORKER' S COMPENSATION * Statutory lvtin. `~
* Employer's
State Compensation Ins Fund )..ial)lllty
-_ (na.me of insurer)
~1 00. , ,0,000 $ 1,000,000 $ 1,000,000
Insurance Company's State License No,
Check Policy Type:. - __ -`---~ _-~,--__„= w`~
COMPRE#IENSIVE GENERAI,
~•~$zLITY
[x ~ Premises/Operatlons
[x ] Qwners & Contractors
ProtecClve
[x) Contractual for Specific
Coraract
[x) Products Liability
[x ] XCU Plazards
[x) Broad Forrn P.D.
~x ] SeverabiIity of Interest
Clause
[x) Personal Injury with
Employee E~ccluSinn Removed
or
CON~~;ItCIA.L GENERAL LIABIX.,TTY
Each Occurrence
Creneral E~ggregate
{if applic~~ble)
Aggregate
Personal ]Injury
Fire Dam~tge (any qne fire)
Medical Expense
(any one person)
Self-Ynsur~~d
Retention
$_,ooo,ooo
$ 2,000,000
~ 1 000 000
$ 50,000
$ 5,000
$ 2,500
Greenwich Insurance Company
(Warne of insurer)
~O11Cy NO. GE0000132501
Expiration date 05/01/02
Certificate of ~nsuran~e Page 1 of 2
JUL-09-O1 12:41 FR014-GRAHAM CONTRACTORS 408- T-905 P.10/19 F-503
AUTOMOTIVE/VEHICLE LIABILITY
17A1~IAGE
Commercial Form,
Liability Coverage
National Surety Corpora ion
(name of insurer)
~O11Cy N0. DZA80221936
F30DII,Y >:I~TJURY
Each Person
~s
Each Accident
9~
(:ombined Single Limit
Expiration .Date 05/01/02
PROPERTY
Each Accident
Qr
S 1,000,000
A copy of all Endorsements to the policy(ies) which in any way
(agent's initiai) lima the above-fisted types of coverage are attached to this
Certificate pf Insur;ance•
This Certificate of Insurance is not an insurance policy and does not amend, ea~tend or alter the
coverage afforded by the policies listed herein. Notwithstanding ax~y 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 terms, exclusions and conditiotzs of such policies.
IT IS IiEREBY CERTIFIED that the ove poIicy(ies) provide Iiability insurance as required by
the agree eztt between tfae City a.nd t 'nsured
~~
By: ~ Dated: July 10th 2b O1
Attach Certificate of Insurance and Additional Insured Endorsememt on cotrzpany forms,
CerdfiGate of Insurance Pogo 2 of 2
JUL-09-O1 12:41
a
CuPEF~3"1N0
FROl4-GRAHAfJ CONTRACTORS
408-
ENDORSEMENT OF PRIMARX ~NSYTRANCE
T-905 P.11/18 F-503
Tn consideration of the policy premium and nptwithstanding any inconsistent statement in
the policy to which this Endorsement is attached or any 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.
POLICX INFORMATTdN
~. ~I1SUranCe Company: Greenwich Insuranc° Company
Z. Insurance l?alicy Number: GECSOaa1936
3, EiI'ective Date of this Endorsement: July loth ,,, ~ ^~ 2001
~. ),ri51,-red; Graham Contractors Inc.
A.11 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.
~, Donnalyn Revis (print/type name)
warrant that I have authority to bind the below listed Insurance Compan a.nd by m~ signature
hereon do so bind this Company.
Signature of .Authorized R.epreserttative: ~
((~ri~inal si$zlature required on all Endorsements furnished the District)
Name of
AgentlAgency: ABD Insurance Services _
Address: 305 Walnut Street
Redwood City, CA 94063
Tltle;Account Manager/Supervisor
Telephone: 650-839-6051
Fac3i~111e: 650-839-6964
Primary lrndorsement Page 1 pf 1
~u~-os-ol 12:a2
~IJPE`~~'1N0
FR01~-GRAHAM1 CONTRACTORS
406-
ADDITIQNAL INSURED ENDQ~SEMENT
T-605 P.12/1B F-503
In consideration of the policy premium and notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or any other 1/ndorsement attached thereto, it is
agreed as fellows:
The City of Cupertino ("City") and its directors, officers, engineers, agents and employees,
and all public agencies frem wham permits will be: obtained and their directors, officers, engineers,
agents acrd employees are hereby declared to be additional insureds under the terms of this policy,
but only with respect to the gperatians of the Contractor at or upon any of the premises of the
City in connection with the Contract with the City, or acts or omissions of the additional insureds
in connection with, but limited to its general supe»ision ox inspection of said operations.
POLIO' IN;~'ORMATIQN
1. Insurance Company; Greenwich Insurance Company
2. Insurance Policy Number: GE0000132501
3. Effective Date of this ~ndorsgment: Ju~loth 20 0l
4. Insured: Graham Contractors Inc a
All notices herein provided to be gi~yen by th~~ 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, Californifi 9501.
I, _. Donnalyn Re_vis (pririt/type name
warrant that T have authaxity to bind the below listed Insurance Company and by my signature
hereon do so bind this Company,
Signature of Authorized representative: ~ ,
(original signature required on alt Endorsements furnished to th istrict)
Names of
Agent/A,gency: ABD Insurance Services 'I'itle~Account Manager/Supervisor
Address: 305 Walnut Street _ ,,. Telephorie: 650-839-6051
Redwood City, CA 94063 ~aCS1ITllle; 650-839-6964
Certil~Cate oP insurance page 2 of ?
JUL-09-O1 12.42 FROUI-GRAHA~1 CONTRACTORS 408- T-805 P.13/18 -r-503
CU~E~T~NC~
COMPREHENSIVE G:~NERAL LIABILITY/
COMMERCIAL GENERAL LIABILITI'
'+t K yr ![ 11
ENDORSEN,IENT OF AGGREGATE Z,IMITS OF
E`ISIJ'RANCE, PEIt pROJEC~'
In consideration of the policy premium and notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or any other Endorsement attached thereto, it is
agreed as follows:
This Endorsement modifies the insurance provided under the Creneral Liability Coverage part
of the below-referenced policy of insurance,
~'he general aggregate limit under LIMITS Ol; INSURANCE applies separately to the project
described a5 Street Maintenance-Slurrv Seal, Project No. 2001-03
POIa1IC~' INFORMATION
1, IrisuranCe Company; Greenwich Insurance Com an
2. ItlSUrance Policy Nurrtber: GEC000132501
3. Ei'fective Date of this Endorsement: July loth 2001
4. Insured: Graham Contractors Inc.
5. Additional Insured: City of Cupertino, its directors, officers, agents and employees
All notices herein provided to be given by thf: Insurance Company to the City in connection
with tihis policy and this Additional Insured Endorsement, shall be mailed to or delivered to the
City at 1030Q Torre Avenue; Cupertino, Californif~ 9501.
I, Donnalyn Revis (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:
(Original signature required on all Endorsements furnished to the istrict)
Names of
Agent/Agency: ABD Insurance S~~vices ~,_ Title' Account Mana er Su erv' r
AddreS5: 305 Walnut Street Telephone: 650-839-6051
Redwood City, CA 94063 ~ F'aCSimile: 650-839-6964
Aggregate Limits Endorsement gage 1 of 1
JUL-OB-D1 12:42 FROM-GRAHAM CONTRACTORS 408- T-805 P. 14/18 F-503
l
CU~F~TlNO
WAS'T'ER OF SUBRgG,~-TION END4RSEIVIENT
W ORTtER' S COIVIPEI~f SATION INSURANCE
In consideration of the policy premium and notwithstanding any inconsistent statement in the
policy to which ixtis Endorsement is attached or any ocher Endorsement attached thereto, it is
agreed as follows:
It is agz'eed that with respect to such iz~surfmce as is worded by the policy, the Insurance
Company waives any right of subrogation it ma}~ regvi~e 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 aut of the performance of the above-referenced Contract.
POLIO,' SN.I+ORM.ATION
1. Insurance Company: State Compensation Insurance Fund
2. Insurance Policy Number: 460488
3. Effective L7ate of this Endorsement:~July loth 20 0l
4. Insured: Graham Contractors Inc.
All notices herein provided to be given by the rnsurance Company to the City in connection
with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the
City at X4300 Tome Avenue; Cupertino, CaIifarnia 95014.
Y, Donnalyn Revis (print/type name)
warrant that I have authority to bind the below listed Insurance Company by my signature
hereon do so bind this Company.
Signature of Authorized Representative: `~
(Original signature required on all Endorsements furnished to the istrict)
Names of
AgeritlAgency: ABD Insurance Services
Address: 3 t t
Redwood City, CA 94063
Title; Account Mana er/Su ervisor
Telephone: 650-839-6051
Facsimile: 650-839-6964
Subrogpcion Endorsement Pggo 1 of 1
JUL-09-O1 12:42
CUPE~TINO
FRO1~-GRAHAMI CONTRACTORS
408-
NOTICE Oly POI,IC"Y
CANCELLATION ENDORSEMENT
T-805 P. 15/19 F-503
In consideration of the policy premium a11d notwithstanding any inconsistent statement in
the policy to which this Endorsement is attached or any ocher Endorsement attached thereto, it is
agreed as follows:
Cancellation Notice. The insurance afl'orded by this policy shall not be suspend®d,
voided, canceled, reduced in coverage or in limits, ar materially altered, except after thirty (30)
days' prior written notice by certii•"ied mail, return receipt requested, has been given to the City of
Cupertino ("City"). Such notice shall be addressed to the City as indicated below.
POL)GC'Y' YNFOItMATION
1. I2~SUranCe Company; Greenwich Insurance Company
2. Insurance Policy Number; GE0000132501
3, Effective Date of this Endorsement; July loth 2001
4- I;riSUTed: Graham. Contractors Inc.
All notices herein provided to be given by thE: Insurance Company to the City in coraneccion
with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the
City at 10300 Torre Avenue; Cupertina, California. 95014-
I, Donnalyn Revis (print/type name)
warrant that I have authority to bind the below listed Insurance Company an y my signature
hereon do so bind this Company. ,
I'
Signature of Authorized lZepresentative:~
(Original signature required on all EndQrsernents furnished to the trio)
Names of
AgentJAgency:_ ABD Insurance Services Title:~ccount NtanagQr/S,,,g~,Tj GAr
Address: 305 Walnut Street ___-__ Telephpne; 650-839-6051
- - --
Redwood City, CA 94063 ~ Facsimile: 650-839_696„4
Cancellation Endarsemenl: Page 1 of 1
JUL-09-O1 12,43 FROM-GRAHAM CONTRACTORS 408- T-605 P 16/18 F-503
FAITHFUL PERFORMANCE BOND
KNOW ALL MLN BY THESE PRESENT:
BOND 411133592029
PREMIUM: $1,481.00
~~~' W~, GRAHAM CONTRACTORS, INC. aS
Principal, (cozztractor's name)
and NATIONAL SURETY CORPORATION , aS
Surety, (bondizzg company's name)
are held and firmly bound unto the City of Cupertino, State of California, in the sum of Do LA gg ,
TWO HUNDRED FORTY SIX THOUSAND EIGHT HUNDRED TWENTY .THREE & 94/1005--- ~aW~ut
money of the United States, for the payment of which will and truly to be made, we bind
ourselves, our heirs, executors, succt;ssors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION of the fore;~oing oblil;ation is such that,
WHEREAS, the Principal has entered into a contract with the City dated
~k20o1 with the obligee to do and perform the following work to-
wit:
SLURRY SEAL PROJECT NO. 2001-03
NOW, TH~,RBFQRE, if the said principal shall well and truly perform the work
contracted to be perfoz-med under sai~~ contract, then this o>aligation shall be void; otherwise to
remain in full force and effect,
IN WITNESS WHEREQF, this instrurnent has been duly executed by Principal and
Surety this 9TH day of JULY ~, 1?~Q.O1
(To be signed by Principal and Surety, Notary acknowledgment required)
CONT C O G HAM CONTRACTORS, INC.
B
G. ~,. Gr~haa>n Jr. PreBiJent
Principal
NATIONAL SURETY CORPORATIQI~L
Surety
Street AddreSS: ~~~ SAN MARIN DRIVE
City, State, Zip NOVATO, CA 94998
t ~ ~ C; . ~ 2 ~ 1.
By:
JODY A. OHNS Atto ~In-Fait
The above bond is accepted and apprcwed this _ day of , 19.
FAITHFUL PERFORMArTCE PAGE 1 of 1
California All Purpose
Acknowledgment
State of California
County of San Mateo
On July 9, 2001 ,before me, Jean L. Neu, Notary Public
Date Name li Title of Officer/Notary
personally appeared Jody A. Johnson
Name~;(s) of Signers(s)
personally known to me to be the person whosE~ name is subscribed to the within instrument
and acknowledged to me that she executed the same in her authorized capacity, and that by
her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
,- '
~•
O ~~-r<-. ~
.
•
JEAN 1. NEU
COMM. #1166282
s
~
"~ •~
,
~ NOTARY PUBLIC•CALIFORNIA
~
" q
~
'~'~'
~ SANTA CLARA COUNTY O
~:•~~ My Comm. Expires Dec 21, 2001 i
(The information below is not required by law)
Description of Attached Document
Title/type of Document
Date of Document
Other Signer(s)
No. of Pages
h:\docs\surety\forms\notary.doc
JUL-09-O1 12:43 FR01~-GRAHAM CONTRACTORS 408- T-805 P 17/18 F-503
TABOR AND MATE~t~,A,~ BAND
1~NOW ALL MEN BY' THESE PRESENT:
WHEREAS, the City Of Cupertino, State Of California, and GRAHAM CONTRACTORS . INC .
hereinafter designated as "Principal" have entered into or are about to enter into a contract
providing for the installation, construction, and a;rection by Principal of _ _ ___ -
SLURRY SEAL PROJECT N0. 2001- 3
more particularly described in said contract; and incorporated herein by reference.
WHEREAS, said principal is required to furnish a bond in connection with said contract,
providing that if said Principal, or any of his or its subcontractors, shall fail to pay for materials,
provisions, provender or other supplies or teams used in, upon, for or about the performance of
work contracted to be done, or for any work or Iabor done thereon of any kind, the Surety on
said bond shall pay the same to the extent hereir,.aftcr set forth;
NOW, THEREI~ORE, WE, GRAHAM CO]VTRACTORS , INC ., __ as Principal,
(contractor's name)
and NATIONAL Si,~~ETY C(~RPnJjATTnN as Surety,
(bonding compan~~'s name)
firmly bind ourselves, our executors, administrators, successors and assigns, jointly and
severally, unto the City of Cupertino, and an.y and all rnaterialmen, persons, companies, or
corporations furnishing materials, provisions, F~rovender or other supplies used in, upon, for or
about the performance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and incorporated herein by reference, and all persons,
companies or corporations lending or hiring teams, implemenCS or machinery, for or contributing
to said work to be done, and all persons who perform work or Iabor upon the same, and all
persons who supply both work and materials, whose claim has not been paid by Principal or by
any other person, in the juSC and full sum of TWO HUNDRED FORTY SIX THOUSAND EIGHT
HU]JDRED TWENTY THREE AND 94/1005---DOLLARS.
THE CONDITION OF THIS OBLIGATION TS SUCH THAT if said principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any
materials, provisions, provender or other supplies or teams used in, upon, for or about the
performance of the work contracted to be done, or for any work or Iabor thereon of any kind, or
for amounts due under the 'U'nemployment Insurance Act wiCh respect to such work oz' labor, or
any and all damages arising under the original contract, then said Surety will pay the same and
also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be
fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations
entitled Co file claims under Section 11$4.1 of the Code of Civil Procedure, so as co give a right
of action to them or their assigns in any suit brought upon this bond,
LABOR ANA MATERTAI, P,~G~ 1 of 2
JUL-09-O1 12:43 FROG-GRAHAM CONTRACTORS 408- T-B05 P 18/1B F-503
And the said Surety, far value received, hereby stipulates, and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the work to be
performed thereunder or the specifications accompanying the sazxle shall in any wise affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of time,
Alteration or addition to the terms of the contract or to the work or to the specifications.
IN WITNESS WI~EREOF, this instrument has been duly executed by Pz-izzcipal and
Surety tl-is 9TH day pf JULY _, $~ 2001
(To be sigzzed by Principal and Surety. Notary acknowledgments required.)
CONTRACTOR
GRAHAM CONTRALTO
sv • /d5/ ~
~~
G. R. Graham, Jr., Prer%aent
Principal
NATIONAL SURETY CQRPORATION
Surety
Street Address: 777 SAN MARIN DRIVE
City, State, Zip NovATO, cA 94998 __
1 ~ , ~~ r . ~+-fir'-~,~~.._~ L 1"
By: '
JODY A. HNSO Atto y-In-Fact
The above bond is accepted and approved this _~day of
19~
LABOR AND MATERIAL PAG>/ 2 of 2
California All Purpose
Acknowledgment
State of California
County of San Mateo
On July 9, 2001 ,before me, Jean L. Neu, Notary Public
Date Name Et Title of Officer/Notary
personally appeared Jody A. Johnson
Names(s) of Signers(s)
personally known to me to be the person whosE~ name is subscribed to the within instrument
and acknowledged to me that she executed the same in her authorized capacity, and that by
her signature on the instrument the person, or' the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
Description of Attached Document
(The information below ;~s not required by low)
*- JEAN L. NEU
0 .'~;~ ~( COMM. #1166282
=C~ `. ~ ~ NOTARY PU9LIC•CALIFORNIA
(n \'~,~° SANTA CLARA COUNTY O
`^ ~~ y, My Comm. Expires Dec 21, 2001 ~
b
Title/type of Document
Date of Document
No. of Pages
Other Signer(s)
h:\docs\su rety\forms\notary.doc
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AIVIERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POVI~ER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL
SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in
Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
COMPANY, a Missouri corporation, (herein collectively called "the Companies") does each hereby appoint James B. Shea,
Mark Roppo, Jason Jenkins, Katherine G. Zerounian, Erin Bautista, Jeff Prevost
Jody A. Johnson or Jean L. Neu of >3e].mont, CA
their true and lawful Attorney(s)-in-Fact, with full .power of authority hereby conferred in their name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds, undertakings, recognizan~;es or other written obligations in the nature thereof -----------
and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the
Companies and duly attested by the Companies' Secretary, herebyratifyir~g and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now
in full force and effect.
This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the
Companies at a meeting duly called and held, or by written consent, o~y the 19th day of Mazch, 1995, and said Resolution has not been amended
or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of the Companies,
and the seal of the Companies may be affixed or printed on airy power of attorney, on any revocation of any power of attorney,
or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or
certificate beazing such facsimile signature or facsimile se;rl shall be valid and binding upon the Companies:'
IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice-President, and their corporate seals to be hereunto
affixed this 2 9 day of November , _2 0 0 0
~ETYC. `: EE,~w ~,AN'S E AVER/~`I, "",,,,IMnN.,,, FIREMAN'S FUND INSURANCE COMPANY
J Po Q ~~o ,1~,4, ~.~. EG ,lZ,ooNro.~r7 y IIEIX
~ o°a R~r'~ _, o , ••~ ~-~ ~~ ,. N.+, ti '•" ,~ ; ~o~pe.......~'4i1~'~ NATIONAL SURETY CORPORATION
~? `~~ ~- £ ~ ~ ~ ~; ' ~ _ ~~~ -.w...•'~% THE AMERICAN INSURANCE COMP
SEPT.37870 a e e ~ : c y n ~ :. 9 E w L= ~` ANY
~~~NNN V` ~1 ~ ASSOCIATED INDEMI~IIT1' CORPORATION
`!6, aE,NdS `y `~}yf •. ~. •' ~~ ~- ' tr JG r•H e'' ,yj.. ~~:~~a~~~~•
N ~ t~ k' ,,:...•;,~ °NCE cod q'~NCE C0~ ~`~,s!iouisMO~ .. AMEBIC AUTOMOBILE INSURANCE COMPANY
~~MMIMINIIIIIM, •~~h1111111Naa~~~`
'1
STATE OF CALIFORNIA SS. By ~~`' `"~ "
COUNTY OF MARIN } Vice-President
On this 2 9 day of November 2 0 Imo, before me personally came Donn R. Kolbeck
to me known, who, being by me duly sworn, did depose and say: that he is aVice-President of each company, described in and which executed
the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument aze such company seals; that
they were so affixed by order of the Boazd of Directors of said compa~lies and that he signed his name thereto b~ like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
~~~~i
L OCAMi'~
Commission # 1163726 Z
z -,~ Notary Public - C:alifomia ~
Morin County No Public
STATE OF CALIFORNIA ~ Camm' ;~~~~
COUNTY OF MARIN } SS.
I, the undersigned, Resident Assistant Secretary of each company, :DO HEREBY CERTIFY that the foregoing and attached POWER OF
ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII of the By-laws of each company, and the Resolution
of the Board of Directors; set forth in the Power of Attorney, aze now in force.
Signed and sealed at the County of Marin. Dated the 9th day of July 2001
„a1MNNIN
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SEVi. J.tp70
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.I~,t •n~o"~~~ Resident Assistant Secretary
•~ ~IINNMII~
BID PROPOSAL ~~~'~'~
STREET MAINTENANCE - SL UItRY SEAL, PROJECT 2001-03
TO: THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the plans and specifications furnished for the work of the SLURRY SEAL
PROJECT in the City of Cupertino, PROJECT 2001-03, the undersigned, hereby declare that I
have read the proposal requirement, visited the sites, and examined the specifications. I, the
undersigned, hereby propose to do all work required to complete the work in accordance with the
plans and specifications for the prices set forth in the following schedule. I further understand
that said prices include all costs including, but not limited to, local, state and federal taxes, and
transportation costs.
I, the undersigned, also understand that the quanti~:ies shown below are estimated 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 unilat~:rally determine and award the contract to any
qualified bidder based on the most advantageous proposal, to reject any or all bids, or to waive
any irregularities in the procedures.
The work to be done consists of furnishing all labor, methods of process, tools, machinery and
material required to complete the SLURRYSEAl, PROJECT, PROJECT 2001-03 as described
in the Special Provisions.
I, the undersigned, shall diligently prosecute the ~~vork to completion as before the expiration of
45 working days. I further understand that I shall pay to the City of Cupertino the sum of One
Hundred Fifty Dollars ($150.00) per day, for each and every calendar day's delay beyond the
completion process described in the time for comF~letion portion of these specifications.
In the event of discrepancies between the written unit price and the numerical unit price, the
written unit price shall govern.
1. The Contractor shall be responsible for providing the City of Cupertino or its agent, striping
quantities pertaining to any striping removal and installations per street, no later than 4:00 P.M.
on each working day of the project.
2. Temporary reflective tabs shall be installed on lane lines and centerlines delineation.
Placement of tabs shall be on longitudinal intervals of 24 feet apart and on radiuses 12 feet apart.
Temporary reflective tab installation shall be completed prior to slurry. For list of streets see
Detail 14.
BID PROPOSAL PAGE 1 OF I 1
~ a..,~
. `~
If the Contractor fails to perform this portion of the job one(1) calendar day prior to the start of
the project, I shall pay the City of Cupertino the sum of one hundred and fifty dollars ($150.00)
per day for that day, plus the sum of one hundred and fifty dollazs ($150.00) for each and every
calendar day the temporary reflective tabs remain incomplete.
3. No permanent striping shall be installed for seven(7) calendaz days after the street has been
slurried, not including the day of application. This period of time has been set aside to allow for
the pavement to cure.
Permanent striping includes centerlines, two-way barrier, two-way left turn lanes, left turn
pockets, bike lanes, travel lanes, parking "T's" atYd pazking stalls and other striping not solely
limited to these patterns or legends as shown in the Standazd Plans dated July 1992, of the State
of California, Department of Transportation A20(A,B,C,D), A-24(A,B,C,D,E), and the City of
Cupertino Standard Details 1-17, 2-26 & 2-27.
4. Permanent striping shall be installed between the eighth (8th) and the twelfth(12th) calendaz
days.
Permanent striping includes centerlines, two-way barrier, two-way left turn lanes, left turn
pockets, bike lanes, travel lanes, Pazking "T's" and parking stalls and other striping not solely
limited to these patterns or legends as shown in the Standard Plans dated July 1992, of the State
of California, Department of Transportation A20(A,B,C,D), A-24(A,B,C,D,E), and the City of
Cupertino Standazd Details 1-17, 2-26 & 2-27.
5. On the thirteenth (13th) calendar day following the slurry or overlay of each street, the
Contractor shall be responsible for having completed the installation of the permanent striping.
Permanent striping includes centerlines, two-way barrier, two-way left turn lanes, left turn
pockets, bike lanes, travel lanes, Pazking "T's" and parking stalls, limit lines (stop bars), legends,
speed limits, and other striping not solely limited to these patterns or legends as shown in the
Standard Plans dated July 1992, of the State of California, Department of Transportation
A20(A,B,C,D), A-24(A,B,C,D,E), City of Cupertino Standazd Details 1-17, 2-26 and 2-27.
If the Contractor fails to perform this portion of the job on the thirteenth(13th) calendar day, I
shall pay the City of Cupertino the sum of one hundred and fifty dollazs ($150.00) per day for
that day, plus the sum of one hundred and fifty dollazs ($150.00) for each and every calendaz day
the permanent traffic striping markings and legends remain 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.
Completion of entire project thirty-five(35) working days from Notice to Proceed.
BID PROPOSAL PAGE 2 OF 1 I
ESTIMATED QUANTITIES
The bid unit prices for this project shall be as outli~led below.
Bid Est.Qty. Unit
Item Unit Item Price Total
1. 2,283,180 S.F. Type II Slurry Seal
six and two tenths cents $ 0.062 /S•F• $ ~ !,1~ ~ ~
Per S.F.
2, REMOVE TRAFFIC STRIPING
a. 7,100 L.F. State or City Detai123/23C
eighty-eight cents $ 0.88 /1„F. $ 6,248.00
Per L.F.
b. 2,700 L.F. State Detail 38
forty-four cents $ 0.44 /L.F. $ 1,188.00
Per L.F.
c. 3,480 L.F. City Detail 33C
one dollar and fifty-four cents $ 1.54 /L.F. $ 5,359.20
Per L.F.
d. 200 L.F. State Detail 10
twenty-e; p~,t rents $ 0.28 /L•F. $ 5h _ nn
Per L.F.
e. 700 L.F. State Detail 2
twenty-eight cents $ 0.28 /L,_F. $ 196.00
Per L.F.
3. l L.S. Remove and Install Blue
Pavement Markers
one thousand six hundred fifty dollars $ 1,650.00 /L,S, $ 1,650.00
4. INSTALL TRAFFIC
LEGENDS AND ARROWS
Stop
a. 53 EA. for,~y dollars $ 40.00 /BA. $ 2,120.00
Per EA.
Speed " 25"
b. 14 EA. thirty dollars $ 30.00 /EA. $ 420.00
Per EA.
c. 1 SET Bump (Set=2 bump legends)
two hundred fifty dol_1_ara $ 250.00 /SET $ 250.00
Per SET
BID PROPOSAL PAGE 3 OF 11
d. 58 EA. Arcows
eighty doll ars
Per EA.
e. 7 SET "SLOW SCHOOL XING"
o ne hundred eighty-five dollars
Per SET
f. l SET "RxR"
one hundred si xrv dollars
Per SET
g. 7,500 L.F. Install City Detai123C
one dollar
Per L.F.
h. 3,300 L.F. Install City Detai138
Per L.F.
i. 3,900 L.F. Install State Detai127B
$ 80.00 /SET $ 4,640.00
$ 18S nn /SET $ x,795.00
$ 160.00 /SET $ 160.00
$ 1.00 /L F, $ 7,500.00
$ 1.00 /L,.F. $ 3, 300.00
$ 0.40
Per L.F.
j. 5,800 L.F. Install 12" White
o ne dollar forty cents $ 1.40 /L.F. $ 8,120.00
Per L.F.
k. 1,500 L.F. Install 12" Yellow
one dollar forty cents $ 1.40 /L.F. $ 2,100.00
Per L.F.
1. 200 L.F. Install State Detail 13
forty cents $ 0.40 /L.F. $ 80.00
Per L.F.
m. 350 L.F. Install State Detail 1
2
,
thirty five cents $ 0.35 /L F $ 822.50
Per L.F.
n. 700 L.F. Install State Detail 2
forty cents $ 0.40 n„F. $ 280.00
Per L.F.
o. 3,480 L.F. City Detai133C
one dollar sixty cents $ 1.60 /L,F, $ 5,568.00
Per L.F.
p. 8,300 L.F. State Detai139
fifty cents $ 0.50 /L.F. $ 4,150.00
BID PROPOSAL PAGE 4 OF 11
/L.F. $ 1, 560.00
Per L.F.
q. 1,900 L.F. City Detail 39AC
forty•~five cents
Per L.F.
r. 10 EA. City Bike Lane Legend
forty-five dollars
Per EA.
s. 1 L.S. Parking T's
two thousand one hundred dollars
$ n_45 /L.F. $ ~55_nn
$ 45.00 /L.F. $ 450.00
$ 2,100.00 /L.F. $ 2,100.00
Per L.S.
t. 1 L.S. Paint Chatter Bars Yellow
one thousand three hundred fifty dollars $ 1,350.00 /L.F. $ 1,350.00
Per L.S.
5. 1 L.S. Referencing & Layout of
Temporary & Permanent
Traffic Striping & Legends
twenty-nine thousand seven hundred fifty $ 29,750.00 /L,S. $ 29,750.00
Per L.S. dollars
TOTAL BID $ 233,124.86
ALTERNATIVE
BID
Bid Est. Qty.
Item Unit Item Unit Price
1. 2,283,180 S.F. Latex Modified Slunry Seal $ 0.068 /S.F
six and eight tenths cent
Per S.F.
Total
$ 155,256.24
BID PROPOSAL 1PAGE 5 OF 1 l
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.
107 BIDDERS B D
Attached hereto is the required certified check or bid bond in the amount of $ ,
required by law and the Notice to Bidders. (10% of bid amount)
BID PROPOSAL PAGE 6 OF i I
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
I, the undersigned, being first duly sworn, depose rind say that I am
GERALD R. GRAHAM JR.. PRESIDENT of rRAUaM r.n~TUarTnuc rrTG
(Business Title) (Business Name)
the party making the foregoing bid, that the bid is :not made in the interest of. or on behalf of: an~~
undisclosed person, partnership, company, associ~ition, organization, or corporation. 'The bid is
genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid.. and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that
anyone shall refrain from bidding. The bidder l1as not in any manner, directly or indirectly.
sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead., profit, or cost element of the bid price. or of
that of any other bidder, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract. All statements contained in the bid are true and,
further, the bidder has not, directly or indirectl~~, submitted the bid price or any breakdown
thereof, or contents thereof, or divulged information or data relative thereto, or paid, and will not
pay, any fee to any corporation, partnership, company, association, organization, bid depository,
or to any member or agent thereof to effectuate a collusive or sham bid.
BID PROPOSAL PAGE 7 OF 11
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 ~ s years.
Our experience in work comparable with that required by the proposal contract is ~ _
years operating under the following different name(s).
REED AND GRAHAM
My California Contractor's License Number is 315789
The classification of my Contractor's License is
C-12
The expiration date for my Contractor's License is 09/30/01
***************************************************s****************************
~ e
Q%~%Gl~
* (This Section for City use only) ~~~~
* The above information has been verified by
on (~/alv~0/
* Contractors State License Board (800) 321-2752 or (408) 277-1244.
Where federal funds are involved, no bid submitted shall be invalidated by the failure of the
bidder to be licensed in accordance with the laws of the State of California, however, at the time
the contract is awarded the contractor shall be properly licensed.
BID PROPOSAL PAGE S OF 1 l
BIDDER HISTORY OF WORK
The following is an example of work similaz in character to that required in the proposed contract
which our organization or personnel in our organization has completed within the past three (3)
yeazs.
For Whom Contact
Year Location Type of Work Performed Phone No. Amount
SEE ATTACHED LIST OF PROJECTS
BID PROPOSAL PAGE 9 OF 11
SUBCONTRACTOR'S FORM
The subcontractor(s), as defined in the General Provisions and in Section 7026 of the California
Business and Professions Code, that I propose to hire to perform any of the work for this project
in an amount in excess of one-half of one percent (0.5%) of the total bid are listed below. Only
those listed below shall perform work on this project and each of them has been provided with a
full and complete set of plans and specifications for this project by the bidder.
1. Name ~upT~p ~orLpaNV _Contractor's License No. 374600
Address & phone no. 43650 OSGOOD ROAD, FREMONT, CA 94538 510-656-2840
Work to be Performed 2 3 4 5
2. Name
Contractor's License No.
Address & phone no.
Work to be performed
3. Name
Contractor's License No.
Address & phone no,
Work to be performed
4. Name
Contractor's License No.
Address & phone no.
Work to be performed
5. Name
Address & phone no.
Work to be performed
6. Name
Contractor's License No.
Contractor's License No.
Address & phone no.
Work to be performed
B[D PROPOSAL PAGE 10 OF l I
BIDDER'S SIGNATURE FORM
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-
PARTNERSHIP, STATE THE COMPANY N~~ME AND LIST THE NAMES OF ALL
INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A
CORPORATION, STATE THE LEGAL NAIv[E OF THE CORPORATION AND THE
NAMES OF THE PRESIDENT, SECRETARS'-TREASURER, AND MANAGER. THE
CORPORATE SEAL MUST BE AFFIXED TO T]iIS FORM. ENTER THE NAME OF YOUR
BUSINESS ON THE LINE OPPOSITE THE APP~f~OPRIATE BUSINESS TYPE.
TYPE OF
BUSINESS
ASPHALT MAINTENANCE
NAME OF
BUSINESS GRAHAM CONTRACTORS INC.
CORPORATION: Graham Contractors, Inc., A CALIFORNIA CORPORATION
CO-PARTNERSHIP:
INDIVIDUAL:
JOINT VENTURE:
OTHER:
(Desc~ibe)
Name and Signature of Bidder: ' G R Graham Jr ~ PresidE
(Print or type name)
Date: JUNE 26, 200].
Address (mailing & location): P.o. sox 26770, San Jose, CA 95159
860 Lonus Street:, San Jose, CA 95126
Gerald R. Graham Jr P esident
Paula Graham Corporate Secretary
Telephone Number: ( ~ (408) 293-•9516
Acknowledgment of all addenda received is required by circling each addendum number.
1 2 3 4 5 6 7 8 9 10
t
BID PROPOSAL PAGE I 1 OF 11