00-059 Valley Slurry SealRECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Titles~l /Pages 3
Fees....* No Fees
Taxes...
Copies..
AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
~>;
RDE # 010
10/10/2000
211 PM
;SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOY. CODE 6103
CERTIFICATE OF COMPLETION AND
NOTICE OF ACCEPTAI\fCE OF COMPLETION
BLURBS' SEAL
PROJECT N~O.2000-102
Original
For Fast Endorsement
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
AN]~
NOTICE OF ACCEPTANCE OF COMPLETION
SLURRY SEAL,
PROJECT NI). 2000-102
NOTICE IS HEREBY GIVEN THAT I, La~~enia Millar, Acting Director of Public Works 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
Valley Slurry Seal on June 16, 2000, 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 October 2, 2000.
That said work and improvements consisted of furnishing all labor, materials, tools, and
equipment required to complete said project, all pis more particularly described in the plans and
specifications for said project.
_ `
l~avenia Millar, Acting D' ector of Public Works
of the City of Cupertino
Date: October 4, 2000
Printed on Rec,icled Paper
VERIFICATION
I have reviewed this Certificate of Completion and Notice of Acceptance of Completion.
To the best of my knowledge, the informatio~z contained herein is true and complete.
I verify under penalty of perjury under thf; laws of the State of California, that the
foregoing is true and correct.
Executed on the 5th day of October 2000 at (:upertino, California.
Ad inistrative Clerk
City Clerk's Office, City of Cupertino
OkI~INAI.
E. CONTRACT FOR PUBLIC WORKS
This CONTRACT made on ~S',% ~ ~ t apop by the CITY OF
CUPERTINO, a municipal corporation of the Suite of California, hereinafter called CITY, and
VALLEYSLURRYSEAL COMPANY. 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, Subcontr,~ctors Form and Signature Form.
b. Standard Specifications, General Provisions an~i Special Provisions.
c. Plans and Specifications for STREET MAIN'CENANCE -SLURRY SEAL
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 Comf~ensation 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 complete contract are sometimes hereinafter referred
to as the Contract Documents. In case of conflict between the Plans and the Specifications on the
one hand, and this Contract on the other, the Plans and Specifications shall prevail.
2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus,
facilities, labor, transportation and materials nece;~sary to perform and complete in a good and
working order, the work of SLURRY SEALING, as called for, and in the manner designated in,
and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted
by CITY, which Plans and Specifications are entitl~;d, respectively, STREET MAINTENANCE-
SLURRY SEAL, PROJECT 2000-101 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.
Bert J. Viskovich.
Contract Page l of 7
3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full
payment for the work above agreed to be done, the sum of $154,237.80 (ONE HUNDRED
FIFTY FOUR THOUSAND TWO HUNDRED THIRTY SEVEN DOLLARS AND EIGHTY
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 la~v, and comply with the laws, ordinances and
regulations relating to the work and to the preserv~~tion 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 to all parts of the work, and to the shops
wherein the work is in preparation. Where the Specifications 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 CHANGES. Should CITY at any time
during the progress of the work require any alter;itions, deviations, additions or omissions from
the Plans and Specifications or the Contract Documents, CITY 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 the agreement of the parties. No
extra work shall be performed or change be made except by a written order from CITY, duly
authorized by resolution of the City Council, and by all agencies whose approval is required by
law, stating that the extra work or change is authorized, and no claim for an addition to the
Contract sum shall be valid unless so ordered.
8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. 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 (~ontract has been awarded or entered into.
CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if
applicable, or in accordance with the agreement of the parties.
Contract Page :? of 7
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, amendment 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 tl~e 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 arranl;e 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 insolvency, or if CONTRACTOR or any
subcontractor should violate any of the provisions of the Contract, 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 piny such termination, CITY shall immediately
serve notice thereof upon CONTRACTOR'S surf;ty 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 commence performance
thereof within thirty (30) days from the date of thy; 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 by CITY
thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize
in completing the work, such materials, appliances, plant and other property belonging to
CONTRACTOR as maybe on the site of the work and necessary therefor.
13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to amounts which CITY may retain under other
provisions of the Specifications until final completion and acceptance of all work covered by the
Contract Page 3 of 7
Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as
in its judgment maybe 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 of 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 Section 4590 of the California Government Code
as more fully described in CITY' S Notice to Contractors.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under
this Contract shall be in writing, and shall be dated and signed either by the party giving such
notice, or by a duly authorized representative of such party. Any such notice shall not be effective
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, addressed to, VALLEY SL URRY SEAL
COMPANY. 3050 BEACON BLVD.. STE. 205, W. SACRAMENTO. CA 95691, postage
prepaid and certified; and (c) if notice is given to CONTRACTOR'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 sealed envelope, addressed to CONTRACTOR'S
surety or person, as the case may be, at the address 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 onto become due thereunder, shall be assigned by CONTRACTOR without the prior
written approval of CITY.
16. COMPLIANCE WITH SPECIFICATICINS 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 be met by CONTRACTOR, unless CITY
agrees in writing to some other material, process ~~r 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 offE;red 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 Em.ployer's Liability Insurance for all of
CONTRACTOR'S employees employed at the site of the project. In case any work is sublet,
Contract Page .I of 7
CONTRACTOR shall require any and all subcontractors similarly to provide Worker's
Compensation and Employer's Liability Insurancc; for all of the tatter's employees unless such
employees are covered by the protection afforded t o the CONTRACTOR.
In signing this Contract CONTRACTOR makes 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 liability for worker's compensation or to undertake
self insurance in accordance with the provisions o:F 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. N[achinery, 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 Commissi~~n 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 ~~amage 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 sufficient 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 Plans 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 tc- CITY within one (1) year of the date of
acceptance of completion of this Contract by CITE', CONTRACTOR will forthwith remedy such
defects without cost to CITY.
Contract Page 5 of 7
P.O. No.
21. DEFERRED ALTERNATE SELECTIOly. The City reserves the right for the term of
the Contract, the deferred selection of none, any ~~r 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 e~:ecuted this Contract, in duplicate, the day and
year first hereinabove written.
CITY OF CUPERTINO: CONTRACTOR:
_ - YALLEY SLURRY SEAL PAMPANY
By: _ A CAUfORNIA CO a ia1TgN
Mayor
~~`_'
' ~ ALAN BERGER
Attest: I`'~ Notary acknowledgment is~reECj~u~i~r If a
City CI corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
I.D. are required. If not a corporation a
Date: ~ 7 , 20 ~~ Social Security No. is required.
94-2270766
Social Security # Federal Tax I.D. #
APPROVED AS FO
~' ~,;~~ Contractor's License No. ~C• #293721 A, B & C-12
City
Project Name & Number: Street Maintenance, Slurry Seal Project 2000-101
Contractor's Name & Address: Valley Slurry Seal Company
3050 Beacon Blvd., Ste. 205
Contract Amount: $154,237.80
W. Sacramento, C'a 95691
Account Number: 270-8404-7015
File No: 98,493.65
Contract Page Ei of 7
CALIFORNIA ALL-PURPOSE ACKNCIWLEDGMENT
State of California
ss.
County of ~~
On ~uN~ ~ ~ ,before me, ~ A ~kISUJ 1 ~1A~y 1'tl8 ,
Date Name and Title of Officer e. ., "Jane Doe, Notary Public")
personally appeared L.~~ ~ ~ (~ (O~
Name(s) of Signer(s) '
rsonally known to me
proved to me on the basis of satisfactory
evidence
ro be the person( whose name~'f is/aye
-~-~- s.ubscribed to the within instrument and
ROCO M~br ~ 1?5~~3 ;acknowledged to me that he/s~/tl~ky executed
1V010y ~~ _ CaG~omio ~ ):he same in his/I-y~r/thy~ir authorized
~p ~,~y I:apacity~), and that by his/Fy~r/their
N~/Gt~n.8p1etN1~~:~4 :~ignature(~'j on the instrument the person~,a~, or
1:he entity upon behalf of which the person~j
;acted, executed the instrument.
~NITN S my hand an official seal.
Place Notary Seal Above nature of Notary Pub Ic
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and re~;ttachment of this form to another document.
Description of Attached Docum t nn --
Title or Type of Document: ~PV~i12PtC.T UoC.UIfN ANT"
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: _
^ Individual ~ •
~ p () ~ jam.- C~ ~~~r p ~~ Top of thumb here
Cor orate Officer -Titles : ~(.1~
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing: ~ ~ ~ . L~
®1999 National Notary Association • 9360 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-240',? • www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll-Free 1-800-676-6827
CITY"t3
C~1PE~~INO
INSURANCE FORMS INSTRUCTIONS
FOR ITEMS 3, 4, 5 AND 6, THE FORMS PR~~VIDED BY THE CITY OF CUPERTINO
MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED.
ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE
I. Insurance Agreement -Must be signed by Contractor.
2. Certificate of Insurance to the City of Cupe-rtino -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 sigr-ed 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 insur~~nce 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 - mu;~t be signed by the insurance agent or must be
on the company's certificate of insurance form for all insurances.
Contract Page ? of 7
/i
.~t~1r pE
CUPE~TIN(~
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 fiir worker's compensation or undertake self-
insurance in accordance with the provisions of th<<t 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, o~i all operations hereunder, commercial or
comprehensive general liability insurance, automobile 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 prescril~ed by the City and shall be underwritten by
insurance companies satisfactory to the City for 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 accordance with the Worker's Compensation
Act o1'the State of California - $1,000,000 per
occurrence.
Insurance Agreement Page 1 of 2
06/22/00 13:40 $4087773333 CITY CLiPERTINO 1~J002/002
Public Liability - eithe;c commercial general liabilit}+ 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 Combined single limit of $1.0 million per
owned, non-owned a,id hirExi automobiles. occurrence.
VALLEY SLURRY SEAL COMPANY
A CALIFORNIA CORPORATION
(Contractor's Name)
ALAN gEP,C:ER
VICE ?RESIDENT
G Datea: ~ ~ 2000
~~1'E, a~
Insurance Agreement Page 2 of 2