86-138 Valley Slurry Seal Company, Slurry Seal, Project No. 86-112 111 frai :841/0
• 0 Citi1 of Cupertino
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10300 Torre Avenue - - - P.O. Box 580
Cupertino,California 95014 . ' ' - Cupertino,California 95015
Telephone: (408) 252-4505 - , „• - �,;` -
OFFICE OF THE CITY CLERK
' July 25, 0986
Valley Slurry Seal Company
P. 0. Box 26132
Sacramento, CA 95826
STREET MAINTENANCE -- SLURRY SEAL, PROTECT 86-112
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and Valley Slurry Seal Company, which
has been fully executed by City Officials. Enclosed also please find your
bid bond. -
Sincerely,
•
DOROTHY CORNELIUS
CIT CL
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
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CONTRACT FOR PUBLIC WORKS
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CONTRACT made on .1W1Ot81.0 by the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and
VALLEY SLURRY SEAL COMPANY, INC.
,hereinafter called the CONTRACTOR.
IT IS HEREBY AGREED by the parties as follows :
1. THE CONTRACT DOCUMENTS. The complete contract consists of the
following contract documents :
A. Plans and Specifications for STREET MAINTENANCE - SLURRY SEAL '
PROJECT 86-112
B . Faithful Performance Bond, Labor and Materials Bond,
Insurance Certificate
C. This Contract
D. Bid Proposal referred to as Exhibit A
Any and all obligations of the CITY and the CONTRACTOR are fully
set forth and described herein.
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. The Contractor agrees to furnish all of the tools,
equipment, apparatus, facilities, labor, transportation, and
material necessary to perform and complete in a good and
workmanlike manner, the work of STREET MAINTENANCE - SLURRY SEAL
as called for, and in the
manner designated in , and in strict conformity with, the Plans and
Specifications prepared by: Mr. Bert J. Viskovich, Director of
Public Works and adopted by the City, which Plans and '
Specifications are entitled, respectively, STREET MAINTENANCE - SLURRY
SEAL, PROJECT 86-112
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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 material shall be furnished, and that said work
shall be performed and completed as required in said Plans and
Specifications under the sole direction of the Contractor, but
subject to the inspection and approval of the City, or its
representative. The City hereby designates as its representative
for the purpose of this Contract: Mr. Bert J . Viskovich, Director
of Public Works.
3 . CONTRACT PRICE. The City agrees to pay, and the Contractor
agrees to accept, in full payment for the work above agreed to be
done, the sum of :
ONE HUNDRED THIRTY EIGHT THOUSAND SIX HUNDRED THREE AND 10/100 DOLLARS
($138,603.10)
subject to additions and 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 of any extra work which the Contractor may be required
to do, or respecting the size of any payment to the Contractor
during the performance of this Contract, said dispute shall be
determined either by reference to the unit of prices, if
applicable, or. in accordance withthe agreement of prices, if
applicable, or in accordance with the agreement of the parties, or
in accordance with the rules of the American Arbitration •
Association if the parties are unable to agree.
5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his
expense, obtain all, necessary permits and licenses, easements,
etc. , for the construction of the project, give all necessary
notices, pay all fees . required by law, and comply with all laws,
ordinances, rules and regulations relating to the work and to the -
preservation of the public health and safety. •
6 . INSPECTION BY THE CITY. The Contractor shall at all times
maintain proper--facilities and provide safe access for inspection
by the 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 the City of its readiness for
inspection and without the approval thereof or consent thereto by
the latter. Should any such work be covered up without such
notice, approval, or consent, it must, if required by the City, be
uncovered for examination at the Contractor' s expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any
time during the progress of the work. require' any alterations,
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deviations, additions or omissions from the Specifications or Plans
or the Contract Documents, it 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 valuation shall be determined either by
reference to the unit prices, if applicable, or in accordance with
the agreement of the parties, or in accordance with the rules of
the American Arbitration Association if the parties are unable to
agree. No extra work shall be performed or change be made except
by a written order from the city, duly authorized by resolution of
its governing body, 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. The 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. The Contractor shall be paid for by such
changes either by reference to the unit prices, if applicable, or
in accordance with the agreement of the parties, or in accordance
with the rules of the American Arbitration Association if the
parties are unable to agree.
• • 9 . TERMINATION, AMENDMENTS OR MODIFICATIONS. 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 modifications, shall be determined either by reference
to the unit price, if applicable, or in accordance with the
ag'reement of the parties, or •in accordance with the rules of the
American Arbitration Association if the parties are unable to
agree.
10. TIME FOR COMPLETION. All work under this Contract shall be
completed:
THIRTY (30) WORKING FROM NOTICE TO PROCEED
If the Contractor shall be delayed in the work by the acts or-
neglect of the 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 the Contractor's
control, or by delay authorized by the City, or . by any cause which
the 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.
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11. INSPECTION AND TESTING .OF MATERIALS. The Contractor shall
notify the City a sufficient time in advance of the manufacture or
production of materials to be supplied by him under this Contract,
in order that the City may arrange for mill or factory inspection
and testing of the•same, if the City requests such notice from the
Contractor.
12. TERMINATION FOR BREACH, ETC. if the Contractor should be
adjudged a bankrupt, or if he should make a general assignment for
the benefit of his creditors, or if a receiver should be appointed
on account of his insolvency, or if he or any of his subcontractors
should violate any of the provisions of the Contract, the City may
serve written notice upon him and his surety of its intention to
terminate the Contract, such notice to contain the reasons for such
intention to terminate the Contract, and unless within ten 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 days, cease and
terminate. In the event of any such termination, the City shall
immediately serve written notice thereof upon the surety and the
Contractor, and the surety shall have the right to take over and
perform the Contract; provided, however, that, if the surety within
fifteen days after the serving upon it of notice of termination
does not give the City written notice of its intention to take over
and perform the Contract, or does not commence performance thereof
within thirty days from the date of the serving of such notice, the
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 the Contractor, and the Contractor
and his surety shall be liable to the City for any excess cost
occasioned by the City thereby, and in such event the 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 the Contractor as may be 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 the amount which the City may
retain under Paragraph 21 of this Contract until the final .
completion and acceptance of all work covered by the Contract, the
City may withhold from payment to the Contractor such an amount or
amounts as in_ its. judgment may be necessary to pay just claims
against the Contractor or any subcontractors for labor and services
rendered and materials furnished in and about the work. The City
may apply such withheld amount or amounts to the payment of such
claims in its discretion. In so doing, the City shall be deemed
the agent of the Contractor, and any payment so made by the City
shall be considered as a payment made under the Contract by the
City to the Contractor, and the City shall not be liable to the
Contractor for any such 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 the City to
ensure performance of the Contract, Contractor will be entitled to
substitute securities as provided in Sectidn 4590 of the California
Government Code as more fully described in the City' s Notice to
Contractors. •
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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 the City
either by personal delivery thereof to the City Manager of the
City, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to the City, postage
prepaid and certified; CO) if the notice is given to the
Contractor, either by personal delivery thereof to the Contractor,
or to his duly authorized representative at the site of the
project, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to said Contractor at:
P.O. BOX 26132, SACRAMENTO, CALIFORNIA 95826
postage prepaid and certified; and (c) if the notice is given to
the surety or any other person, either by personal delivery to such
surety or other person, or by depositing the same in the United
States mails, enclosed in a sealed envelope, addressed to such
surety or person, as the case may be, at the address of such surety
or person last communicated by him 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, may be
assigned by the Contractor without the prior written approval of
the 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 be met by Contractor, unless
the City agrees in writing to some other material, process or
article offered by Contractor which is equal in all respects to the
one specified.
17. CONTRACT SECURITY. The Contractor shall furnish a surety
bond in an amount at least equal to one hundred percent (100%) of
the contract pride as security for the faithful performance of this
Contract. The Contractor shall also furnish a separate surety bond
in an amount at least equal to one hundred percent (100%) of the'
contract price as security for the payment of all persons for
furnishing materials, provisions, provender, or other supplies,
used in, upon, for or about the performance of the work contracted
to be done, or for performing any work or labor thereon of any
kind, and for the payment of amounts due under the Unemployment
Insurance Code with respect to such work or labor in connection
with this Contract, and for the payment of a reasonable attorney' s
fee to be fixed by the court in case suit is brought upon the bond.
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18 . INSURANCE. The Contractor shall not commence work under
this Contract until he has obtained all insurance required by the
City, nor shall• the Contractor allow any subcontractor to commence
work on his subcontract until all similar insurance required of the
subcontractor has been so obtained and approved. The Contractor
shall furnish the City with satisfactory proof of the carriage of
insurance required, and there shall be a specific contractual
liability endorsement extending the Contractor's coverage to
include the contractual liability assumed by the Contractor
pursuant to this Contract and particularly Paragraph 19 hereof.
Any policy of insurance required of the Contractor under this
Contract shall also contain an endorsement providing that thirty
(30) days' notice must be given in writing to the City of any
pending change in the limits of liability or of any cancellation or
modification of the policy.
(a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take :ut and maintain during the
life of this Contract Worker's Compensation Insurance and
Employer's Liability Insurance for all of his employees employed
at the site of the project and,in case any work is sublet, the
Contractor shall require the subcontractor similarly to provide
Worker's Compensation Insurance and Employer's Liability
Insurance for all of the latter's employees unless such employees
are covered by the protection afforded by the Contractor.
In signing this Contract the 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 require every employer to be insured against liability for
worker's compensation or to undertake self insurance in
, accordance with the provisions of the Code, and I will comply
with such provisions before commencing the performance of the
work of this contract."'
(b) LIABILITY INSURANCE. The Contractor shall take out and
maintain during the life of this Contract such Bodily Injury
Liability and Property Damage Liability Insurance as shall
protect him and any subcontractor performing work covered by this
Contract from claims for property, damage, including third-party
property damage, to include coverage on property in the care,
custody and control of the Contractor, and also excluding what
are commonly known as the "X, C, and U" exclusions (having to do '
with blasting, collapse, and underground property damage) , which
may arise from Contractor's operations under this Contract,
whether such operations be by himself or by any subcontractor or
by anyone directly or indirectly employed by either of them and
the amounts of such insurance shall be as follows:
Bodily Iniury Liability Insurance in an amount not less than
$300,000.00 ) for injuries, including accidental death, to anyone
person, and subject to the same limit for each person, in an
amount not less than $500,000.00 _ on account of one accident, and
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Property Damage Liability Insurance in an amount not less than
$200,000 .00 . The City and its officers and employees, shall be
named as additional insureds on any such policies of insurance,
which shall also contain a provision that the insurance afforded
thereby to the City, its officers and employees, shall be primary
insurance to the full limits of liability of the policy and that
if the City, or its officers and employees, have other insurance
against a loss covered by such policy, such other insurance shall
be excess insurance only.
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19 . HOLD HARMLESS. The Contractor will save, keep, and hold
harmless • the city and all officers, employees, and agents thereof
from all damages, costs, or expenses, in law or in equity, that may
at any time arise or be set up because of personal injury or damage
to property sustained by any person or persons by reason of, or in
the course of the performance of said work, or by reason of any
infringement or alleged infringement of the patent rights of any
person or persons, firm or corporation in consequence of the use
in, on, or about said work, of any article or material supplied or
installed under this Contract. Notwithstanding the above, the
Contractor shall wherever it is necessary keep and maintain at his
sole cost and expense during the course of his operations under
this Contract such warnings, signs, and barriers as may be required
to protect the public. The provisions of the preceding sentence
shall not impose any liability upon the City and are for the
express benefit of the general public.
20 . HOURS OP WORK. Eight hours of labor during any one calendar
day and forty hours of labor during any one calendar week shall
constitute the maximum hours of service upon all work done
hereunder, and it is expressly stipulated that no laborer, workman,
or mechanic employed at any time by the Contractor or by any
subcontractor or subcontractors under this contract, upon the work
or upon any part of the work contemplated by this Contract, shall
be- required or permitted to work thereon more than' eight hours
during any one calendar day and forty hours during any one calendar
week, except, as provided by Section 1815 of the Labor Code of .the
State of California, 'work performed by employees of contractors in
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excess of eight hours 'per day and forty hours during any one week •
shall be permitted upon public work upon compensation for all hours
worked in excess -of eight hours per day at not less than one and
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one-half times the basic rate of pay. It - is further expressly .
stipulated that for each and every violation of Sections 1811-1815,
inclusive, of the Labor Code of the State of California, all the
provisions whereof are deemed to be incorporated herein, the
Contractor shall forfeit, as a penalty to the City, twenty-five
dollars ($25.00) for each laborer, worker, or mechanic employed in
the execution of this Contract by Contractor, or by any
whichsaid
subcontractor
laborer, worker, or mechanic for
mechanicisarequireddor permittedito
work more than eight hours in any one calendar day and forty hours
ih any one calendar week in violation of the provisions of said
. Sections of the Labor Code.
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The Contractor, and each subcontractor, shall keep an accurate
record showing the names of and actual hours worked each calendar
day and each calendar week by all laborers, workmen, and mechanics
employed by him in connection with the work contemplated by this
Contract, which record . shall be open at all reasonable hours to the
inspection of the City of its officers or agents and to the
Division of Labor Law Enforcement of the Department of Industrial
Relations of the State of California.
21. WAGE RATES. Pursuant to the Labor Code of the State of
California, or local law thereto applicable, the City has
ascertained the general prevailing rate of per diem wages and rates
for holidays and overtime in the locality in which this work is to
be performed, for each craft, classification, or type of laborer,
workman, or mechanic needed to execute this Contract. The
prevailing wages so determined are set forth in the Specifications
and made a part hereof. Neither the notice inviting bids nor this
Contract shall constitute a representation of fact as to the
prevailing wage rates upon which the Contractor or any
subcontractor under him may base any claim against the City.
1776. (a) Each Contractor and subcontractor shall keep an
accurate payroll record, showing the name, address, social security
number, work classification, straight time and overtime hours
worked each day and week, and the actual per diem wages paid to
each journeyman, apprentice, worker, or other employee employed by.
him or her connection with the public work.
certified payroll
and records
renumerated
subdivision
lsi (a) shall be
hallbeavailablefor inspectionatallreasonable
hours at the principal office of the Contractor on the following
basis:
(1) A certified copy of an employee' s payroll record shall be
made available for inspection or furnished to such employee or
his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in •
subdivision (a) 'shall be made available for inspection or •
furnished upon •tequest to a representative of the body awarding
the contract,. the Division of Labor Standards Enforcement and
the Division of Apprenticeship Standards of the Department of
Industrial Relations.
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(3 ) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available upon request to the
public for inspection or copies thereof made, provided,
however, that a request by the public shall be made through
either the body awarding the contract, the Division of
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Apptenticeship Standards, or the Division of Labor Standards
Enforcement. The public shall not be given access to such
records at the principal office of the Contractor.
Contractor
shall
certified
enumerated insubdivision (a) with the entity that . requestedeCords such
records within ten (10 ) days after receipt of a written request.
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(d) Any copy of records. made available for inspection as copies •
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and furnished upon request to the public or any public agency by
the awarding bids, the -Division of Apprenticeship Standards or the
Division of Labor Standards Enforcement shall be marked or
obliterated in sucha manner as to prevent disclosure of an
individual's name, address and social security number. The name
and address of the Contractor awarded the contract or performing
the contract shall not be marked or obliterated.
(e) The Contractor shall inform the body awarding the contract of
the location of the records enumerated under subdivision (a) ,
including the street address, city and county and shall, within
five working days, provide a notice of a change of location and
address.
(f) In the event of noncompliance with the requirements of this
section, the Contractor shall have ten (10) days in which to comply
subsequent to receipt of written notice specifying' in what respects
such Contractor must comply with this section. Should
noncompliance still be evident after such ten (10) day period, the
Contractor shall, • as a penalty to the state of political
subdivision on whose behalf the contract is made or awarded,
forfeit twenty-five dollars ($25.00) for each calendar day or
portion thereof, for each worker, until strict compliance is
effectuated. Upon the request of the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement, such
penalties .shall be withheld from progress payments then due.
(g) The body awarding the contract shall cause to be inserted in
the contract stipulations to effectuate this section. Such
stipulations shall fix the responsibility for compliance with this
section on the prime contractor.
'(h) The director shall adopt rules consistent with the California
Public Records Act, (Ch: 3.5 (commencing with Section 6250) of Div.
7; Title 1. Gov. Ch. ) and the Information Practices Act of 1977,
(Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. )
governing the release of such records, including the establishment
of reasonable fees to;be charged for reproducing copies of records ,
required by this section. (Added by Stats. 1978, Ch. 1249) .
1775.5 kothin`q ' in this chapter shall prevent the employment of
properly registered apprentices upon public work.
Every such apprentice shall •be paid the standard wage paid to
apprentices under the regulations of the craft or trade at which he
is employed, and shall be employed only at the work of the craft or
trade to which he is registered.
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Only apprentices; as defined in Section 3077, who are in training
under apprenticeship standards and written apprentice agreements
under Chapter 4 (commencing with Section 3070) , Division 3, of the
Labor Code, are 'eligible to be employed on public works. The
employment and training, of each apprentice shall be in accordance
with the provisions of the apprenticeship standards and apprentice
agreements under which he is training.
When the Contractor to whom the contract is awarded by the state
or any political subdivision, or any • subcontractor under him, in
performing any of the work under the contract or subcontract,
employs workmen in any apprenticeable craft or trade, the
Contractor and subcontractor shall apply to the joint
apprenticeship committee administering the apprenticeship standards
of the craft or trade in the area of the site or the public work
for a certificate approving the Contractor or subcontractor under
the apprenticeship standards for the employment and training of
apprenticeships in the area or industry affected; provided,
however, ' that the approval as established by the joint
apprenticeship committee or committees shall be subject to the
approval of the Administrator of Apprenticeship. The joint
apprenticeship or committees, subsequent to approving the subject
contractor or subcontractor, shall arrange for the dispatch of
apprentices to the Contractor or subcontractor in order to comply
with this section. There shall be an affirmative duty upon the
joint apprenticeship committee or committees administering the
apprenticeship standards of the craft or trade in the area of the
site of the public work to ensure equal employment and affirmative
action in apprenticeship for women and minorities. Contractors or
subcontractors shall not be required to submit individual
applications for approval to local joint apprenticeship committees
provided they are already covered by the local apprenticeship
standards. The ratio of apprentices to journeymen who shall be
employed in the craft or trade on the public work may be the ratio
stipulated ' in the apprenticeship standards under which the joint
apprenticeship committee operates but in no case shall the ratio be
less
lessrwthan one apprentice for each five journeymen, except as
iprovided in this section. •
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The
section,Contractor
issuanceoofrtheor, if approvalhe is covered certificate, orbyifthis
he
has been previously approved in such craft or trade, shall employ
the number of apprentices or the ratio of apprentices to journeymen'
stipulated in the apprenticeship standards. Upon proper showing by'
the Contractor that he employs apprentices in such craft or trade
in the state on all of this contract on an annual average of not
less thanone apprentice to each five journeymen, the Division of
• Apprenticeship Standards may grant a certificate exempting the
Contractor for the 1-to-5 ratio as set forth in this section. This '
section shall not apply to contracts of general contractors
involving less than thirty thousand ($30,000.00) or twenty (20)
w0rking days or to contracts of specialty contractors not bidding
for work through a general or prime contractor, involving less than
two thousand dollars ($2,000 .00) or fewer than five' (5) working
days.
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"Apprenticeable craft or trade, " as used in this section, shall
mean a craft or trade determined as an apprenticeable occupation in
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accordance with rules and regulations prescribed by the
. Apprenticeship Council.. The joint apprenticeship committee shall
have the discretion ,to grant a certificate, which shall be subject
to the approval of the Administrator of Apprenticeship, exempting a
contractor from the 1-to-5 ratio set forth in this section when it
finds that any one of the following conditions are met:
(a) In the event unemployment for the previous three month period
in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such
area exceeds a ratio of 1-to-5, or
(c) if there is a showing that the apprenticeable craft or trade
is replacing at least one-thirtieth of its journeymen annually
through apprenticeship training, either (1) on a statewide basis,
or (2) on a local basis.
(d) If assignment of an apprentice to any work performed under a
public works contract would create a condition which would
employees jeopardize hlife,
oyeesofthe public .at largeifthe sa
specific fet , or ptaskrto Whichtheapprentice
When such
represents contractorsnin arspecific e etrade from thea 1d to an i tot ratiohion
a local or statewide basis the member contractors will not be
required to submit individual applications for approval to local
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joint apprenticeship committees, provided they are already covered
by the local apprenticeship standards.
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A contractor to whom the contract is awarded, or an
subcontractor under •him, who, in performing any of the work, under
the •contract, employs journeymen or apprentices in any
apprenticeable craft or trade and who is not contributing to a
fund dr funds to administer and conduct the apprenticeship program
in any such craft or trade in the area of the site of the public
wsite
ork, to which fund or funds other contractors in the area of the
fund orffunds pinleachic wcraftarore ctradebiniwhichhhelemcontloysbjou to the
or apprentices on the public work in the same amount orouponythe
same basis and in the same manner as the other contractors do, but
where the 'trust fund administrators • are unable to accept such
funds, contractors not signatory to the trust agreement shall pay a
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like amount to the California Apprenticeship Council. The
contractoror subcontractor may add the amount of such
contributions in computing his bid for the contract. The Division
of Labor Standards Enforcement is authorized to enforce the payment
ofsuch'.ddntributions to the fund or funds as set forth in Section
227,
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The body awarding the contract shall cause to be inserted in the
contract stipulations to effectuate this section. Such
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stipulations shall fix the responsibility of compliance with this
section for .all apprenticeable occupations with the prime
contractor.
All decisions of . the joint apprenticeship committee under this
section are subjeot to the provisions of Section 3081. . (Amended by
Stats. 1976, Ch. 1179)
1777.6 It shall be unlawful for an employer of a labor union to
refuse to accept otherwise qualified employees as registered
apprentices on any public works, on the ground of the race,
religious creed, color, national origin, ancestry, sex, or age,
except as provided in Section 3077, of such employee. (Amended by
Stat. 1976, Ch. 1179)
1777.7 (a) In the event a contractor willfully fails to comply
with the provisions of Section 1777.1, such contractor shall:
(1) Be denied -the right to bid on any public works contract for a
period of one year from the date the determination of
noncompliance is made by the Administrator of Apprenticeship, and
(2) Forfeit ada civil penalty in the sum of fifty dollars
the
($50 .00)
of calendar
eSectionupon
day
of 1727, iaeceipt tofsuch
itndinch a
determination the awarding body shall withhold from contract
progress payments then due or to become due such sum.
(b) Any such determination shall be issued after a full
investigation, a fair and impartial hearing, and reasonable _notice
thereof in accordance with reasonable rules and procedures
prescribed by the California Apprenticeship Council.
_ (c) Any funds withheld by the awarding body pdrsuant to this
§ection dhall be deposited in the general fund if the awarding body
is a state entity, or in the equivalent fund of an awarding body if
such awarding body is an entity other than the state.
•
The interpretation and enforcement of Sections 1777.5 and 1777.7•
shall be ' in -accordance' with the rules and procedures of the
California Apprenticeship Council. (Amended by Stats, 1978, Ch .
•
1249)
•
•
It shall be mandatory upon the Contractor, and upon any
subcontractor under him, to pay not less than the said specified
rates to all laborers, workmen, and mechanics employed in the
execution of the Contract. it is further expressly stipulated that
the. Contractor shall, as a penalty to the City, forfeit twenty-five .
: doliard -($25.00) for each calendar day, or portion thereof, for
40•: dach laboter, workman, or mechanic paid less than the stipulated
4/Ailing rates for any work done under this Contract by him or by
` any :sdbConttactor Under work done under this Contract by him or by
E .r•z'.;:' dHysdbcontractor under him; and Contractor agrees to comply with
X11 provisions of Section. 1775 of the Labor Code.
Page 12
•
•
•
•
In case it becomes necessary for the Contractor or any '
subcontractor to employ on the project under this contract, any •
person in a trade or , occupation (except executives, supervisory,
administrative, clerical, or other non-manual workers as such) for
which no minimum - wage rate is herein specified, the Contractor
shall . immediately notify the City, who will promptly thereafter
determine the prevailing rate for such additional trade or
occupation and shall furnish the Contractor with the minimum rate
based thereon. The minimum rate thus furnished shall be applicable
as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the
continuance of such employment.
22. 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 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 Safety Orders issued by the
Industrial Accident Commission of the State of California.
23. PAYMENT. Not later than the first Tuesday of each calendar
month, the City will make partial payment to the Contractor on the
basis of a duly certified approval estimate of the work performed
and materials incorporated in the project, during the preceding
calendar month, by the Contractor, but the City will retain ten
percent (10%) of the amount of each of said estimates until the
expiration of thirty-five (35) days from the date of recording by
the City of notice of acceptance of completion of all work covered
by this Contract, if such notice be recorded within ten days after
the acceptance of completion of such Contract as evidenced by
resolution of its governing body ; or, if such notice be not so
recorded within ten days, until the expiration of ninety-five ( 95)
days after the acceptance of completion of such work of improvement
as evidenced by resolution of its governing body, at which time and
not before, the City shall pay to the Contractor the whole of the
remaining ten percent (10%) of said contract price so held back as
provided; said certificates to be furnished by and obtained from
the City's representative shall, before the last Tuesday of each .
month, deliver said certificates under hand to the City, or in lieu
of such certificates, shall deliver to the Contractor, in writing,
under his hand;- a just and true reason for not issuing the
certificates, including a statement of the defects, if any, to be
remedied, to entitle the Contractor to the certificate of '
completion. In eventofthe failure of the City's representative
to furnish and deliver said certificates or any of them or in lieu
Page 13
•
thereof, the writing aforesaid, within ten (10) days after the
times aforesaid, and after written demand has been made upon him
for the same, the Contractor may file demand with the City, and, in
event said certificates are not furnished within ten (10) days
thereafter, the same shall become due and payable.
In case the City's representative delivers the writing aforesaid,
in lieu of the certificates, then a compliance by the Contractor
with the requirements of said writing shall entitle the Contractor
to the certificates.
The payment of progress payments by the City shall not be
construed as an absolute acceptance of the work done up to the time
of such payments, but the entire work is to be subjected to the
inspection and approval of the City, and subject to whatever
inspection and approval may be required by law.
24. PROTECTION OF PUBLIC UTILITIES. The City shall be
responsible as between the parties to this Contract only, for the
removal, relocation, or protection of existing public utilities, if
any, located on the site of construction, but only if such public
utilities are not identified by the City in the Plans and
Specifications made a part of the invitation for bids. The City
shall compensate the Contractor for costs incurred in relocating or
repairing damage to utility facilities not indicated in the Plans
and Specifications, other than service laterals when the presence
of such utilities on the construction site can. be inferred from the
presence of such visible facilities as buildings, and meters and
junction boxes on, or adjacent to, the construction site. The
Contractor shall not be assessed liquidated damages for delay in
completion of the Contract project, as provided in Paragraph 27
below, when such delay is caused by the failure of the City, or
other public utility, to provide for the removal or relocation of
the existing utility facilities. If the Contractor while
performing the Contract discovers utility facilities not identified
by the City in the Contract Plans and Specifications, the service
laterals as hereinabove described, he shall immediately notify the
City in writing.
25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor
shall not be -responsible for the cost of repairing or restoring
damage to the work caused by an Act of God. NEVERTHELESS, the
Contractor shall, if the insurance premium is a separate bid item, '
obtain the insurance to indemnify the City for any damage to the
work caused by an Act of God. "Acts of God" shall include only the
following occurrences or conditions and effects: earthquakes and
tida). waves, when such occurrences or conditions and effects have
been proclaimed a disaster or state of emergency by the Governor of
the State of California or by the President of the United States, '
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, the 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,
Page 14
on, or about the same during its construction and before '
acceptance.
26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly
guarantees the first—class quality of all workmanship and of all
materials, apparatus, and equipment used or installed by him or by
any subcontractor of 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 the Contractor
unqualifiedly guarantees such lesser quality; and that the work as
performed by the Contractor will conform with the Plans and
Specifications or any written authorized deviations therefrom. In
case of any defect in work, materials, apparatus or equipment,
whether latent or patent, revealed to the City within one (1) year
of the date of acceptance of completion of this Contract by the
City, the Contractor' will forthwith remedy such defects without
cost to the City.
27 . LIQUIDATED DAMAGES. Time shall be of the essence of this
Contract. If the Contractor fails to complete, within the time
fixed for such completion, the work hereinbefore mentioned and
described and hereby contracted to be done and performed, he shall
become liable to the City for liquidated damages in the sum of
ONE HUNDRED FIFTY AND NO/100 DOLLARS ($150.00)
for each and every working day during which said work shall remain
uncompleted beyond such time for completion or unlawful extension
thereof, which sum shall be presumed to be the amount of damage
thereby sustained by the City since it would be impracticable or
extremely difficult to fix the actual damage; and the amount of
liquidated damages may be deducted by the City from moneys due the
Contractor hereunder, or his assigns and successors - at the time of
completion, and his sureties shall be liable to the City any
exdess.
"28. ADDITIONAL PROVISIONS.
None
Page 15
b
11
STATE OF CALIFORNIA On this 23 day of...Jtine in the year..1.9.86.
as. before me,
COUNTY OF Sacramento Conni.e..Lea.Moratt.i a Notary Public,State of California,
duly commissioned and sworn,personally appeared
Jeffrey. Reed
personally known to me (or proved to me on the basis of satisfactory evidence) to be
4�,•.a.,...,,,, CRICK 101. the person....whose name is
. AltiN `ir CONNIE LEA MOROTTI subscribed to this instrument,and acknowledged that. . . .he . . . .executed it.
pw � IGGtr Pusucaurothu IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal
�y7 tacremanla County nthe..S.tate..O.f..Califormia County of
dy�mnmpn t+Nya�tot.U.IBM Sacramento on the date set forth above
in this certificate. (P19.4)4?
�/J/
eivntzL
This document is only a general farm what may ria proper for use In simple nausactions and In no I / f X�R / • ��V �
way acts.or c hnended to a.as a substitute ler de advice on an anwney.me printer does net / Notary Public,State of California
make any warranty.eater express a implied as to the legal validly of any prevision or the
suitably of these fro n any specific transaction. My commission expires
Cowdery's Form No.32—Acknowledgement to Notary Public—Individuals—(C.C.Sec. 1189)—(Rev. 1/83)
•
• P.O. No.
•
IN WITNESS WHEREOF, the parties have executed this Contract, in
duplicate, the day and year first hereinabove written.
• CITY OF CUPERTINO
•
Approved as to form aFa
alZ.4er
City Attar ey C t Clerk
Date/City Clerks ••
CONTRACTORS ALLEY SLURRY SEA COMPANY, INC.
- I N
By:
Notary acknowledgment required. JEFFR ' RE D
'If a corporation, corporate seal . President
and corporate notary
acknowledgment required.
Project, Name and Number:. •
Contractors Names
Contract Amounts
•
•
:;Coatsad€`.Account Numbers. •
•
••
• Page 16
',, EXHIBIT "A"
. BID PROPOSAL
STREET MAINTENANCE - SLURRY SEAL
PROJECT 86-112
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 86-112, I, the under-
signed, hereby declare that I have read the proposal requirements, visited the
sites, and examined the specifications. I, the undersigned, hereby propose to
do all work required to complete the work in accordance with the Plans and Spec-
ifications for the prices set forth in the following schedule. I further under-
stand that said prices include all costs including, but not limited to, local,
state and federal taxes, and transportation costs.
I, the undersigned, also understand that the quantities shown below are estimates
only, being given as a basis for comparison of bids. The City of Cupertino does
not state that the actual amount of work will correspond but reserves the right
• to increase or decrease the amount of any class or portion of the work or to omit
items or portions of work deemed unnecessary by the Engineer.
The City of Cupertino reserves the right to unilaterally determine and award the
contract to any qualified bidder based on the most advantageous proposal, to re-
ject 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 mat tial required to complete the Slurry Seal Project, Project 86-112,
as described in the Special Provisions.
In the event o d screpancies between the written unit price and the numerical
unit price, the written price shall govern.
I, the undersigned, shall diligently prosecute the work to completion before the
expiration of 30 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 working day's delay beyond the times established in this proposal
for each and every portion of the completion process described in the time for
completion portion of this proposal.
1. Within two (2) hours after each site has been open to traffic, I shall be
responsible for accurately locating and placing temporary traffic striping (cat
tracking or dribble) Bid Item No. 3 . If I fail to perform this portion of the
job on the same day as paving I shall pay the City of cupertino the sum of one
hundred fifty dollars ($150.00) per day for that day plus the sum of one hundred
fifty dollars ($150.00) for each and every day the temporary striping remains
uncompleted
2. I shall be responsible for installing permanent traffic striping, raised pave-
ment markers, and pavement legends,Bid Items 4, 5 & 6, five (5) days following the
paving of each site. Should I fail to perform this portion of the job on the
PROPOSAL PAGE 1 OF 6 •
1
BID PROPOSAL CONTINUED: .
fifth day, I shall pay the City of Cupertino the sum of one hundred fifty dollars •
($150.00) per day for that day plus the sum of one hundred fifty dollars ($150.00)
for each and every day the permanent traffic striping, raised pavement markers,
and pavement legends, remains uncompleted.
3. Completion of entire project 30 working days from Notice to Proceed.
ESTIMATED QUANTITIES
The bid prices for this project shall be as outlined below:
Bid Est.Qty. Item Unit Price Total ed
Item Unit -- $ 0 eY� /SF $ (019 l��
1. 2,300,000 S.F. Type II Slurry Seal
2. Lump Sum Removal of Pavement Markers $$ �30GI'SC�-
b�i
3. Lump Sum Cat Tracking or Dribble ''//
4a. 2,750 L.F. Double Yellow (Detail 21) $ 0.10 /LF $ ( I OD g,
4b. 1,200 L.F. 4" Yellow (Detail 1) $ Q /LF $$0. 2.0 /LF $ ' ZYO[SAO
4c. 5,000 L.F. 611 White Stripe
8" $ d. SO /LF $ 6Z2.4d. 1,265 L.F. White Stripe LF $a
4e. 1,685 L.F. 12" White Stripe $ Cl. QD /L19-1
F
CA e)0 /LF $ I "ZB
4f. 160 L.F. 12" Yellow Stripe
4" $ c) . -a- /LF $ (n ZS
4g, 2,500 L.F. White Stripe / '-
op
5a. 15 EA Left or Right Turn Arrows $
yo L /EA $ 460
��/EA $
Sb. 3 EA Legend (Slow School Xing) $ /EA $
Sc. 12 EA Bike Lane and Arrow $ /EA $ 3
Sd. 88 EA Legends (Speed,Stop, Ahead) $ tier y /EA $ 3�93
6a. 3,078 EA Type "AY" Pavement Markers $ /—Lift__ /EA $ 3 B5-7i
6c.
6b. 619 EA Type "D" Pavement Markers $ 3�
43 EA Type "G" Pavement Markers $ 3 /EA $ I29 °5-
'
TOTAL BASE BID: $ .
1464110,
ok4. 55.
V A-L L,E`T SC. u eiZ`(
PROPOSAL PAGE 2 OF 6
•
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 do all the work specified in the
contract in the manner and time specified.
•
I, the undersigned declare that this bid is made without connection with any ',
person, firm or corporation, making a bid for the same work, and is in all
respects fair and without collusion or fraud.
I, the undersigned, recognize that the Director of Public Works of the City of
Cupertino will reserve the right to establish the priority of one job over
another and each starting date where conflict of construction schedules occur.
Attached hereto is the required certified check or bid bond in the amount of
E BIDDER'S BOND , as required by law and the Notice
(10X of bid amount)
to Bidders. '
J
•
4, L. a
LEY SLuIRRY SEAL COMPANY, I C..
JEFFREY REED
President
•
•
•
PROPOSAL PAGE 3 OF 6
•
. f .
•
A. BID .DOCUMENTS,, continued
BIDDER QUALIFICATION FORM
In further compliance with the specifications furnished, the undersigned
submits the following statements as to his experience and to his qualifications
as a part of this proposal, and the truthfulness and accuracy of the information
is hereby guaranteed.
•
(1) Row many years has your organization been in business under its •
•
present name? -a ` ,
(2) How many years'' experience in work comparable with that required
under the proposed contract has your organization had by this or
any other name? 2_
(3) Contractor's License No. Uri. #293727 A , State of California,
Classification V
(4) List work similar in character to that required in the proposed
contract which your organization or personnel in your organization
. has completed within the past three years.
•
•
•
Year Class, Location of Work and for Whom Performed Contract Amount
•
•
•
•
•
•
•
, PROPOSAL PAGE 4 OF 6
• ., a
•
STATEMENT OF
•
EXPERIENCE
City of Pleasanton
5335 Sunol Blvd .
Pleasanton, CA 94566
Contract: Slurry Sealing on various city streets Project #85-21
Bid Date: 7/9/86 Bid amount: $24 , 640 .00
Jim Muck - Street Maintenance Supervisor . (415) 847-8074
City of Berkeley
2180 Milvis Street
Berkeley, CA 94704
Contract: Street Slurry Seal
Bid Date: 6/25/85 Bid Amount: $71,857 .00
Darrell Nall - Civil Engineer. (415) 644-6540
City of Union City
37009 Alvarado-Nile Road
Union City, CA 94587 •
Contract: 85/86 Slurry Seal Program Project 85-11
Bid Date: 9/3/85 Bid Amount: $39,300 .00
Sally Lewis - Assoc . Civil Eng .. (415) 471-3232 ext. 368
Jim Gemetti - Senior P .W. Insp. (415) 471-3232
Ron Kelly - Street Supervisor . (415) 471-3232
City of Oxnard
305 W . Third Street
Oxnard, CA 93030
Contract: 1985 Slurry Seal Project #85-149
Bid Date: Bid Amount:
Buddy Valencerina - Supervising Civil Eng . (.805) 486-4311 ext. 2798
Charles Leighton - General Supervisor . (805) 984-4701
Mel Harris - Construction Insp. ('805) 486-4311 ext. 2566
County of Shasta
1855 Placer Street
Redding, CA 96001 • "
Contract: Asphalt• Concerte Overlayson Various Shasta County Highways
Bid Date : 8/23/85 Bid Amount: $80 , 354 .00
Don Smith - Engineering Tech . (916) 225-5661
Leland B . Stiles - Inspector. (916) 225-5661
City of Clovis
' 1033 Fifth Street
Clovis , CA 93612
Contract: Sand Slurry of Various Streets
Bid Date: 9/10/85 Bid Amount: $19 ,759 .00
J . Frank Watkins .- Senior Eng . Insp . (209) 298-8061
•
•
•
•
•
City of Milpites
455 E . Calaveres Blvd .
Milpitas , CA 95035 I
Contract: 64/85 A.C . Resurfacing & Slurry Seal Project No . 4037
Bid Date: 9/10/85 Bid Amount: $54 ,413 .00
John Miller - Assist. Civil Eng . (408) 942-2365
City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
Contract: Slurry Seal Resurfacing - 1985
Bid Date: 7/23/85 Bid Amount: $25,000 .00
Kirt Hunter - Civil Eng . (916) 533-4764
Doug French - Inspector . (916) 533-4764
City of Sunnyvale '
456 West Olive Avenue
Sunnyvale, CA 94088
Contract: Slurry Seal 5785-2
Bid Date: 4/24/84 Bid Amount: $37,756 .00
•
•
A. BID DOCUMENTS Continued:
Name of Proposed Sub-Contractors, if any
(Section 4104 Government Code)
1. 6142( s4 co ,
z.
3.
4,
5.
6.
•
• Address of Shop or office of Sub-Contractors
(Section 4104 Government Code)
1. 143650 (±)•5 Cy Oc) `(• f- `o--� � CDA- 94f 5R
3.
4.
5.
•
6 .
•
• Work to be performed by Sub-Contractors
• (Section •4104 Government Code)
1. stritt.P _1c9-
2.
3 .
ti
4,
5 .
6. ..
•
PROPOSAL PAGE 5 OF 6 •
•
•
•
A. BID DOCUMENTS, continued •
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO—PARTNERSHIP,
STATE THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO—PARTNERS
COMPOSING THE FIRM. IF A CORPORATION, STATE LEGAL NAME OF CORPORATION,
ALSO, NAMES OF PRESIDENT, SECRETARY TREASURER AND MANAGER. THE CORPORATE
SEAL MUST BE AFFIXED.
TYPE OF BUSINESS: Individual
JEFFREY REED Co—Partnership
•
President Corporation VALLEY SLURRY SEAL COMPANY INC.
WENDELL REED Joint Venture
• TREASURER Other
(describe)
CONNIE L MOROTTI •
SECRETARY NAME AND
SIGNATURE 0 BIDDER:
•
VALLEY Si RY S ACOMP r
G
Al t -
JEF REY RE '.
Pracjden}' -"
P. O. BOX 26132 '
free-
Address!�Date: 7/ SACRAMENTO, Co 95826 /
( )
(916) 381.2544
hone Number
Addenda Received:
1 2. 3 4' 5 .
•
•
PROPOSAL PAGE 6 OF 6
Of I CERTE:ICATE OF INSURANCE ISSUE DATE(MMJDD/YY)
i' 06 18 86
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
WISE INSURANCE AGENTS/BROKERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
209 HARDING BOULEVARDEXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
-
P.O. BOX 1268
ROSEVILLE, CA 95661-1268 COMPANIES AFFORDING COVERAGE
(916) 786-0500CCO�MPPA Y A
INDUSTRIAL INDEMNITY
COMPANY n
INSURED LETTER
VALLEY SLURRY SEAL COMPANY COMPANY " )' L• LJ
P.O. BOX 26132 LETTER
SACRAMENTO,CA 95826 COMPANY n j.,::: 'eG•I' ,'l
LETTER
COMPANY E PU LK) r 071i:S
LEI I ER
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS.AND CONDI-
TIONS OF SUCH POLICIES.
COLTR
TYPE OF INSURANCE POLICY NUMBER POLICY
(MlNOCOIA) POLICY DNN) ALL UMITS IN THOUSANDS
GENERAL LIABILITY GENERAL AGGREGATE $ 1 000
X COMMERCIAL GENERAL LIABILITY SP 895 2937 3-15-86 3-15-87 PRODUCTS.COMP/OPS AGGREGATE $ 1 000
[I XX CLAIMS MADE ❑OCCURRENCE PERSONAL&ADVERTISING INJURY $ 1 000
X OWNER'S&CONTRACTORS PROTECTIVE EACH OCCURRENCE $ 1 000
XX X-C-II FIRE DAMAGE(ANY ONE EIRE) $ 100
MEDICAL EXPENSE(ANY ONE PERSON) $ 50
AUTOMOBILE LIABILITY
CSL
T XX ANYAITTO $ 1 200 ,
XX ALL OWNED AUTOS BODILY
INJURY •
XX SCHEDULED AUTOS (PER PERSON) $
TX— HIRED AUTOS SP 895-2937 3-15-86 - 3-15-8 ryIBa�p'RY I
XX NON-OWNED AUTOS DENR $ •
ACDi
GARAGE LIABILITY PROPERTY
DAMAGE $
I
EXCESS LIABILITY1 ocaURRENCE H AGGReGAre
OTHER THAN UMBRELLA FORM I $I
$
STATUTORY I
WORKERS'COMPENSATION $
(EACH ACCIDENT)
AND $ (DISEASE.POLICY LIMIT)
EMPLOYERS'LIABILITY $
(DISEASE-EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
ALL OPERATIONS PERFORMED BY THE NAMED INSURED ON BEHALF 'OF CERTIFICATE HOLDER
JOB ENTITLED: STREET MAINTENANCE-SLURRY SEAL PROJECT 86-112
CERTIFICATE HOLDER CANCELLATION ,
CITY OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
10300 TORRE AVE. PIRATION DATE THEREOF. THE ISSUING COMPANY WILL §NEXX(1(FXXIXI)(
CUPERTINO, CA. 95014 MAIL30 —DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, NIXIXD414M X) XIMC900003044h4Q (X -XXIX9F$XX OX9(01,X aXGS)GGY#T
XIYLEIXXX).XX I,X16%%( X.A., XT X 9(*)(cXFXEXdik,016XLU.
• AUTHORIZ OEP• Sp TATIV. �
ACORD 2&-S(11/85) I ! Lir' U ' WR/ACORD CORPORATION 1985
r'
S GL2010
(Ed. O173)
This endorsement forms a part of the policy to which attached,effective on the inception date of the policy unless otherwise stated herein.
(The following information is required only when this endorsement is issued subsequent to preparation of policy.)
Endorsement effective 06/18/86 Policy No. SP895-2937 Endorse,.t •Namedlnsured Valley Slurry Seal Co. /*AiCountersigned by f
(Authorized Rep esentative)
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
ADDITIONAL INSURED
(Owners or Lessees)
It is agreed that:
1. The "Persons Insured" provision is amended to include as an insured the person or organization named below but only with respect to liability arising
out of operations performed for such insured by or on behalf of the named insured.
2. The applicable limit of the company's liability for the insurance afforded under the Contractual Liability Insurance Coverage Part forming a part of this
policy shall be reduced by any amount paid as damages under this endorsement on behalf of the person or organization named below.
Name of Person or Organization
(Additional Insured)
City of Cupertino, Its Officers, Street Maintenance-Slurry Seal
Employees and Agents Project 86-112
Contractor will save, keep, and hold harmless the City of Cupertino, and all officers ,
employees, and agents thereof from all damages, costs , or expenses, in law on in
equity, that may at any time arise or be set up because of personal injury or
damage to property sustained by any person or persons by reason of, or in the course
of the 'performance of said work. . by as,- or :.r, • '...51 i ; :lrr e
ciT i. . :
It is further understood and agreed that insurance afforded by contractor shall be
primary insurance to the full limits of liability of the policy and if the City, or
its officers and employees; have other insurance against a loss covered by such policy,
such other insurance shall be excess insurance only.
GL 20 10 01 73'
State of California, )
. k
SS.
County of San Francisco )
•
On this 23rd day of June , in the year 1986 , before me,
I a Notary Public personally appeared Kevin W. McMahon ,
known to me (or proved to me on the basis of satisfactory evidence) to be the I�
i person whose name is subscribed to this instrument as the Attorney-In-Fact of
i Great American Insurance Company , and acknowledge to me that 1
he (she) subscribed the name of Great American Insurance Company
I thereto as Surety, and his (aper) own name as Attorney In Fact. 1
1
iln --
.si�.. OFFICIAL SEAL , I I
`� � .r JOYCE L[EIGfCH :dEY
n _ NOTARY PUBLIC-CALIFORNIA 1 ���� •
, , '`d- City and County of SAN FRANCISCO r
, - My Commissicn Expires Jan.23,7988 , //
I (/ Notary Public I
I It
STATE OF CALIFORNIA On this 24th day 01June in the yeai.9 8 6
ss. before me,...Carol..Ann..I...•Whitmar.s,h Notary Public,State of California,
COUNTY OF..CJ.acramen'1:0••• duly licensed and sworn,personally appeared
Jeffrey
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person
who executed the within instrument as President
— - 1 ., - - - - - - - ) or on behalf of the corporation therein named and acknowledged to me that the corporation
OFFICIAL SEA 1 executed it.
` ‘.:. CAROL I. . MA1 .H ffiIN WITNESS WHEREOF I have hereunto set my hand and affixed my ocial seal
t IfONOTARY PURL! OA J& g inthe.Stat.e..of..Califcountyof Sacramento on the
y SACRAMENTO
Ti
OU l I' r date set forth above in this certificate.
Q7 t ` VINES ATE 11 '989 .f.„ / fimiiiadkL rytf aji
Notary Public,State of California
My commission expires
Cowdery's Form No.27—Acknowledgement to m,,aw.vmemisenyageneral tem Madman.proper toe use msimple namean]Eneons eater bIntended wea asa suesmme feriae advice
Notary Public—Corporation—(C.C.Secs.1190, of an attorney.me Pithier dem..mate enyeamnry,wrier emresa or emend,as to re..oa ratty oi any prevision vee samnuy a these forms In any
1190.1)—(Rev.1/83) speck eansac t
•
,
EXECUTEDIN DUPLICATE
FAITHFUL PERFORMANCE BOND Bond No. 027 94 02
Premium $998.00
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, Valley Slurry Seal Company
as Principal and Great American Insurance Company
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of One Hundred Thirty Eight Thousand Six Hundred Threw and 10/1ODollars
($ 138,603.10 ) lawful money of the United States, for the payment
of which will and truly to be made, we bind ourselves, our heirs, executors,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that,
WHEREAS, the Principal has entered into a contract dated
with the Obligee City of Cupertino
to do and perform the following work to-wit:
STREET MAINTENANCE - SLURRY SEAL
PROJECT 86-112
•
•
NOW, THEREFORE, if the said Principal shall well and truly perform the work
contracted to be performed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect.
•
IN WITNESS WHEREOF, this instrument has been duly executed by the Pri- ipal
and Surety this 23rd day of June , 1986
' (To be signed by Principal
and Surety and acknowledgment.) Valley Si y Se.. Comp:
.r By: ' il'
Princip. l1.14E
President
Great Americ: Ins "_- ce Company
Surety 1
B , '/J' dd
Attorney-in-Fact
Kevin W. McMahon
The above bond is accepted and approved this 2.(1 day of .v{te. , 2.9310.
.1
• EXECUTED IN DUPLICATE
LABOR AND MATERIAL BOND Bond No. 027 94 02
Premium Included in the
Performance Bond.
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and •
Valley Slurry Seal Company
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements 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 sub-
contractors, 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 labor done thereon of any kind, the
Surety on said bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal, and Great American Insurance Company
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or abut the perfor-
mance 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, implements or
machinery, for or contributing to said work to be done, and all persons who
-perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of
One Hundred Thirty Eight Thousand Six Hundred Three and 10/100 Dollars
($ 138,603.10 ) .
THE CONDITION OF THIS OBLIGATION IS 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 labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor, or any and
all damages arising under the original contract, then said Surety will pay the
• same and also will pay in case suit is brought upon this bond, such reasonable
attorney's fee as shall be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies,
and corporations entitled to file claims under Section 1184. 1 of the Code of
Civil Procedure, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
STATE OF CALIFORNIA • Onthis....24.th. day of....J.Une in the year.19.86
COUNTY OF..
S. before me,..Carol..Ann..L....W.hi.tlnarsba Notary Public,State of California,
Saorammento••• duly licensed and sworn,personally appeared
Jeffrey.•Reed
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person
who executed the within instrument as....President
or on behalf of the corporation therein named and acknowledged to me that the corporation OCIAL SEAexecuted it.
[I7TOTA.YPUBUJ
CAROL IN WITNESS WHEREOF J have hereunto set my hand and affixed my official seal
` State of Calig
SACRAMENTO GOl1Nin the oUntyof....c�fler,gent.p onthe
( COMB,EXPIRES AUG.49a • date set forth above in this fficate. /� /J / .
ypuri
Notary Public,State of California
- My commission expires
Cowdery's Form No.27—Acknowledgement to This d2lrnea6aryagTBalfxmvha,maybe propniorswb woe transactions and el no way am.or awarded to aca asasubstitute trim saw
Notary Public—Corporation—(C.C.Secs.1190, den attorney.The primer doea,a matte any warranty.eow amass or wired.um the regal validity of any Futon on the uudarya mese rams in any
1190.1)—(Rev.1183) npednc'ransack&
State of California, ) 1
e' ) SS.
County of San Francisco )
On this 23rd day of June , in the year 1986 , before me,
a Notary Public personally appeared Kevin W. McMahon
known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to this instrument as the Attorney-In-Fact of
I Great American Insurance Company , and acknowledge to me that •I
he (she) subscribed the name of Great American Insurance Company
. thereto as Surety, and his (>hex•) own name as Attorney In Fact.
i' ==F=� OFFICIAL SEAL
NOTARY fUCLI -CALIFORNIA I
'��:c-Z.4 City and Courcy of SAN an.23.193 �/2N,1�
C. I.1y Commission Expires Jan.23.1988 .e '�-�'�-/�
Notary PubYfc
1I
•
Labor and Material Bond Page 2
And the said Surety, for 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 same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
8
Principal and Surety this 23rd day of June II 19 1
Valley sly. ry
it Co 4ny
By J ( l5` �
(To be signed by Principal Princi.•" JEFFREY REED
and Surety. Notary Pres dent
acknowledgments required.) Great America Insurance Company
Surety
411P; 4119:4
Attorney-in-Fac
Kevin W. McMahon
The above bond is accepted and approved this day of
, 19
•
6/17/85
5,629J GUFMAIVERIG?II INSUIM ICE COMPrll•
..
e
•
GNAT ANERICAN INSURANCE COMPANY
The number of persons authorized by
this power of attorney is not more than No.0 13037 .
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and
existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named
below its true and lawful attomeyin•fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and
all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said
Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
J. M. Al bada Name Jack M. Woodruff, Jr. Address Limit of Power
Cynthia L. Lewis John R. Lamberson
Kevin W. McMahon Frank M. Hagan All of All
Terry J. Moughan H. J. Trainor San Francisco, CA Unlimited
Sheila O'Connor
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 8th day of August .19 85
L Attest ,...--G EAT AMERICAN SURANCSCOMPANY
Secretary Vice President
STATE OF OHIO,COUNTY OF HAMILTON —ss:
On this 8th day of August, 1985 ,before me personally appeared ROBERT M.SCHUDER,to me
known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the Great American Insurance
Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of
his of ft under the By-Laws of said Company and that he signed his name thereto by like authority.
(' GEORGIANN t. MULLINS /�
;�._r; Notary Public, State of Ohio
• �"`" My Commission Expires June 11i 1989 �// r
•
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great
American Insurance Company by unanimous written consent dated August 20, 1979.
RESOLVED: That the President,the several Vice Presidents and Assistant Vice Presidents,or any one of them, be and hereby is
authorized,from time to time, to appoint one or more Attorneys-/n-Fact to execute in behalf of the Company, as surety,any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties
and the respective limits of their authority;and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile
to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other
written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect
as though manually affixed
CERTIFICATION
I, KAREN HOLLEY HORRELL,Secretary of the Great American Insurance Company, do hereby certify that the foregoing
Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force
and effect. -
Figned and sealed this 23rd day of June . 19 86 •
, g
c
ISSecrerary