87-056 O'Grady Paving, Inc., Pavement Restoration, Project No. 88-107 x ( 1117,
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Citt1 of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
December 21, 1987
O'Grady Paving, Inc. •
2513 Wyandotte Street
Mt. View, CA 94043
PAVEMENT RESTORATION - PROJECT 88-107
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and O'Grady Paving, Inc. , which has
been fully executed by City Officials. The contract was approved at
the regular City Council Meeting of Monday, November 16, 1987.
Siinncceerely,
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
CONTRACT FOR PUBLIC WORKS
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CONTRACT made on � J / / 7 by the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and O'GRADY PAVING, 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 PAVEMENT RESTORATION
PROJECT 88-107
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 ddcuments 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 PAVEMENT RESTORATION, PROJECT 88-107
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,
PAVEMENT RESTORATION - PROJECT 88-107
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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 :
THREE HUNDRED TWENTY THREE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($323,500.00) •
. 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 with the 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,
efc. , 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 Specification 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
agreement of the parties, or •in accordance with the rules of the
American Arbitration Association if the parties are unable to
agree.
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10. TIME FOR COMPLETION. All work under this Contract shall be
completed:
PRIOR TO MAY 1, 1988
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 Section 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; (b) 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:
2513 WYANDOTTE ST, MT. VIEW, CA 94043 (415)966-1926
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 price 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:
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"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."'
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(b) LIABILITY INSURANCE. The Contractor shall take out and
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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:
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Bodily Injury Liability Insurance in an amount not less than
$300,000.00 for injuries, including accidental death, to any one
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
$250,000.00. , 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.
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 anytime arise or be set up because of personal injury or damage
the course to property sustained by any person or persons by reason of, or in
ce
of said
k, or by
infringement ore alleg daninfringementorof the patenteason rightsof of aany
ny
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 .
dayandURfortyWOhoursEioft labor duringht hours of or drinanyuonegcalendarany oneweecaendar
klshall
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
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
dthe of ollars ($25.00 ) for• each laborer, worker, or mechanic employed in
subcontractors this or an
underthis Cocontract, for eachntract by calendarday bduring •
which said laborer, worker, or mechanic is required or permitted to
work more than eight hours in any one calendar day and forty hours
in 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
Say and each calendar week by all laborers, workmen, and mechanics
dmployed 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
isi (a)
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 .request 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.
(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,
howeveeitherr,theatbody rawardinguest bythethe
contract,ublic shalthee Division of through
Apprenticeship 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.
(c) Each Contractor shall file a certified copy of the records
enumerated in subdivision (a) with the entity that • requested 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
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 such a 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 Nothing 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
oint
approval
the
Administrator
apprenticeship or committees, subsequent
toiapproving the hesubject
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 than one apprentice for each five journeymen, except as
otherwise provided in this section.
The Contractor or subcontractor, if he is covered' by this
section, upon the issuance of the approval certificate, or if 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 than one 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)
%Crkin4 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
accordance with rules and regulations prescribed by the
Apprenticeship Council. The joint apprenticeship committee shall
hto the ave the discretion 'to grant a certificate, which shall be subject
contractor rfrom the oval of t1-to-5iratioaset forthppinntthishsection mwhengia
t
finds that any one of the following conditions are met:
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(a) In the event unemployment for the previous three month period
in such area exceeds an average of 15 percent, or
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(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
jeopardize his life or the life, safety, or property of fellow
employees of the public at large if the specific task to which the
apprentice •
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When
exemti
h
s
rto an epresentsccontractorsnin are specificed trade from thea1 totion s ratiohion
a local or statewide basis the member contractors will not be
required to submit individual applications for approval to local
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 any
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 or 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 ctradebiniwhichhhelemploysbjou 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 L'abot Standards Enforcement is authorized to enforce the payment
of. IUC} Contributions 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
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 subject to the provisions of Section 1081. . (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 1777.5, 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 as a civil penalty in the sum of fifty dollars
($50 .00) for each calendar day of noncompliance. NothWithstanding
the provisions of Section 1727, upon receipt of such 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 pursuant to this
Section Shall 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 .
dollars '($25.00) for each calendar day, or portion thereof, for
ditch labotere workman, or mechanic paid less than the stipulated
•;51)teVli1ing rates for any work done under this Contract by him or by
;` any • adbeonttactor Under work done under this Contract by him or by
, ,-•.;a: dhy - 'subcontractor under him; and Contractor agrees to comply with
all 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)
date 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 event of the 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
tidal 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)1PER CALENDAR DAY
for each and every calendar dayj 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
excess.
'28. - ADDITIONAL PROVISIONS.
None
Page 15
STATE OF CALIFORNIA On this 25th day of November ,in the year
ss. ....ninetee.n hundred and eighty-seven ,before me,
r , COUNTY OF Sant.a..Cl.ar.a Craig E. Young ,allotaryPublic,StateofCalifornia,
duly licensed and sworn,personally appeared
• Julian G. Andona
fr O SEAL personally known to me(or proved to me on the basis of satisfactory evidence)
OFFICIAL 1 President
�1' CRAIG E.YOUNG ? to be the person who executed the within instrument as
j w NOTARY PUBLIC-CALIFORNIA or on behalf of the corporation therein named and acknowledged to me that
VC _, V' SANTA CIARA COUNTY � such corporation executed the within instrument pursuant to its by-laws or a
Z '.,-Fr i Comm.Expires July 4,1989
•1"1 •`-,,,0.. „t,—., .te r resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the County of
mie document is emy a genera,dorm which may bo proper for use in simple Santa Clara ,on date sit fgrtsta„b v n this certificate
transactions and In noway acts,or u Intended to act,as a substitute for the ` ��
T. advice of an attorney.me primm printer does„ make any warranty anter express or Implied as m Me
bgal validity of any provision or the suitability of Mese forms In any specific transaction.
otary Pu c, State of ifomia
Cowdery's Form No.28—Acknowledgement to Notary Public-
NCorporation(C. C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires July d , 1989
FILe:98,493.29
•
• 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 4A.i , e/ ��•
May.
City Attorney City C
,14 ""
Date/City . erkt /yy 67
•
CONTRACTOR:
o`r P k .
Notary acknowledgment required.
'If a corporation, corporate seal •
and corporate notary
acknowledgment required.
, ' Project. Name and Numbers. PAVEMENT RESTORATION, PROJECT 88-107
Contractors Name: O'GRADY PAVING, INC.
• 2513 WYANDOTTE ST. , MT. VIEW, CA 94043
Contract Amount: THREE HUNDRED TWENTY THREE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($323,500.00)
S,Cdntraet`. Account Numbers 110-993-718 •
••`. `S?ap '•
aij., .. •
Page 16 .
. :Of I CERTIFICATE-OF INSURANCE - - ISSUE DATE(MM/DD/YY)
c 11 24 87
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
�- NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Alburger—deGrosz, Inc . COMPANIES AFFORDING COVERAGE
P.O. Box 10733 '
Palo Alto , CA 94303-0900 COMPANY
LETTER A .-
Fireman' s Fund
COMPANY B
INSURED LETTER
COMPANY c
O'Grady Paving LETTER -
2513 Wyandotte Street COMPANY
Mountain View, CA 94043 LETTER
COMPANY E
LETTER
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.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
LTR - DATE(MMNDMO DATE(MMNDM') •
GENERAL LIABILITY GENERAL AGGREGATE $ 9 rfT nn
fl COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOPS AGGREGATE $ 2' 000
■■CLAIMS MADE ®OCCURRENCE PERSONAL&ADVERTISING INJURY $ 1 , 000
A fl OWNER'S&CONTRACTORS PROTECTIVE MXX80223467 7/1/87 7/1/88 EACH OCCURRENCE $ 1 ,000
Fl XCBU Included FIRE DAMAGE(ANY ONE FIRE) $ 50 ,"
X ti u a T MEDICAL EXPENSE(ANY ONE PERSON) $
AUTOMOBILE LIABILITY
ANY AUTO CSL
rig ALL OWNED AUTOS BODILY $ 1 , 000
■ INJURY
SCHEDULED AUTOS (PER PERSON)
A MXX80223467 7/1/87 7/1/88 V
fl HIRED AUTOS umiLYms
fl NON-OWNED AUTOS
GARAGE LIABILITY PROPERTY
DAMAGE $
EXCESS LIABILITY EACH AGGREGATE
OCCURRENCE
A . XLK1843699 7/1/87 7/1/88 $ 3 ,000 $ 3 ,000
OTHER THAN UMBRELLA FORM
STATUTORY I -
WORKERS'COMPENSATION
AND $ 2-, 0.00 (EACH ACCIDENT)
AEMPLOYERS'LIABILITY WP80259850 7/1/87 7/1/88 $ 2 , 000 (DISEASEPOLICYLIMIT)
$ - 2 000 (DISEASEEACH EMPLOYEE)
°TFbject 88-107 P vement Restoratio . This Certificate provides in writing
thirty days Notice of Cancellation or any pending change in the limits of
liability . The ity and its offic=rs and employees are named as Additional
p TigT)g°W?EriA€ LECAgJ°Tilit gsiFErgTicrLsp 6ALI3Enurance shall be primary insurance to
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 .
•
CERTIFICATE HOLDER . „ CANCELLATION , .,
.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED.BEFORE THE EX
.
City of Cupertino PIRATION DATE THEREOF, THE ISSUING COMPANY WILgLg� g99g vT77(0
10300 Torre Avenueve. MAIL 31 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLESER�T51HE
LEFT, B, 0, P; , , , t•T E HALL IMPOSE NO OBLIGATION OR
P.O. Box 580
Cupertino , CA 95015 Or 41- ..y .:e..vyide or. �'-
et /�/1. / /Se"
ACCRD,25-S(11/85)- r - v- ,�..//AAL - _- ` -V re71.,FUACORD CORPORATION 1985
I.
•
•
r
• c- •
rr
•
•
•
1. i
STATE OF CALIFORNIA On this....25th day of Navember ,in the year
COUNTY OF $aRtd.G.ldr�
as. nineteen hundred and eighty-seyen ,before me,
Cra i.g..E...Ya Ung a Notary Public,State of California,
duly licensed and sworn,personally appeared
4t.tUan G. Andona
�` personally known to me(or proved to me on the basis of satisfactory evidence)
a-:o OFFICIAL SEAL �� to be the person who executed the within instrument as.Pres i dent
CRAIG E.YOUNG or on behalf of the corporation therein named and acknowledged to me that
�; ' NOTARY PUBLIC-CALIFORNIA vi?) such corporation executed the within instrument pursuant to its by-laws or a
ESAMA CLARA COUNTY
Ab Comm.ETpires July 4,1989 i resolution of its board of directors.
"������»-���_�-,�-.�...ti��`_-.u, IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the ,County of
TwaoemieVb yh a general farm which may m prover M use in simple .Santa.Clara , he date fo ove in this certificate.
aararat o wil le no way actor m blended to asm
1,as a cuaub tie
for a
advte clan Caney.The;ably does aG mt.aaywen*one,express or Implied as foe.
y legal valeta),m any pwbbn or Ne®ysbdty of Vose forms In any specific transition.
k Cowdery's Form No.28—Acknowledgement to Notary Public— No blit, to of California
' Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires Ju l Y 4, 1989
STATE OF CALIFORNIA
] ss.:
CITY AND COUNTY OF Santa Clara ]
On this 23rd day NovetnberI9 87 before me, the undersigned Notary Public, in and for the State, personally
appeared Carolyn Kelley a person known to me(or proved to me on the basis of satisfactory evidence),
to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and
• acknowledged to me that the corporation executed it.
Given under my hand and Notarial Seal this 23rd day of Novmeber A.D. 1987
' OFFICIAL SEAL <"� F
�-� F
O
RUTH G. FITCHETT t 1912.
My Comm NotaryG. FITClifornia
j SANTACLARA COUNTYNotary Public.
My Comm.Exp Oct.30.1990
_ _ - - - -
- --
-
-
FORM 116 12/82 '
Bond #97073687
Premium $ 1,455.00
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, O'Grady Paving, Inc.
as Principal and Seaboard Surety Company
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of THREE HUNDRED TWENTY THREE THOUSAND FIVE HUNDRED AND NO/100 Dollars
($ 323,500.00 ) 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 November 18. 1987 ,
with the Obligee
to do and perform the following work to-wit:
PAVEMENT RESTORATION, PROJECT 88-107
NOW, THEREFORE, if the said Principal shall well and truly perform the work
contracted to be performed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety this 23rd day of Nnvpmber , 19 R7 .
(To be signed by Principal
and Surety and acknowledgment.)
O'Grady Paving, Inc.
TSG^�%l�ir
rincipal
Seaboard Surety Company
Surety
By:
// -
Carolyn Kelley, Attorney-in ct
The above bond is accepted and approved this day of 19
Bond #97073687
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
O'Grady Paving, Inc.
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
Seaboard Surety 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
THREE HUNDRED TWENTY THREE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($ 323,500.00 ) . •
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 On this....25th day of..Nomember ,in the year
COUNTY OF Santa Clara ss. nineteen.hundred.and.eighty-Seven ,before me,
Craig..E...Young ,a Notary Public,State of California,
duly licensed and sworn,personally appeared
y. tri, 77 7 1 G. Andona
^�'�o OFFICIAL SEAL 7
/ personally known to me(or proved to me on the basis of satisfactory evidence)
r CRAIG E.YOUNG t President
1 at NOTARY PUBLIC-CALIFORNIA to be the person who executed the within instrument as
°� SANTA CLARA COUNTY or on behalf of the corporation therein named and acknowledged to me that
Cri My Comm.Expires July 4,1989 4 such corporation executed the within instrument pursuant to its by-laws or a
NI��i�-'ems'C,.'�h-,t'`inti'oat—"ti.s/
resolution of its board of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal in the ,County of
*wmv lmawamimio ^armwwwwe„mw^me Santa..Clara ,q he date egfo bove in this certificate.
vemecowe red b re way scb.w o Intended to act as a suvswub la de C/A''� s/
y &tete of en aMnoy.ne cantor dues not make any warranrytaborecsess or Implied as to the / a [�
WOW vasty ofwry west w ee audWmy d vex Ion=In any apeclfc tat x .
Cowdery s Form No.28—Acknowledgement to Notary Public— No Public, to of California
Corporation(C.C.Secs. 1190-1190.1)—(Rev. 1/83) My commission expires Jul y 4, 1 989
r
STATE OF CALIFORNIA ]
] ss.:
CITY AND COUNTY OF Santa Clara ]
I' On this 23rd day Novemberl9 87 , before me, the undersigned Notary Public, in and for the State, personally
appeared Carolyn Kelley a person known to me(or proved to me on the basis of satisfactory evidence),
to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and
• acknowledged to me that the corporation executed it.
Given under my hand and Notarial Seal this 23rd 47:
day of November A.D. 19 87
Ud � OFFICIAL SEAL a AL41
RUTH G. EIITCHETT
My ^ cp-.R pir ptart'Public-CaliforniaLAAUT
{�j" 9{NTA CLARA COUNTY
I ••^ r Notary Public.
( My Comm.Exp Oct.30.1990
FORM 116 12/82
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 tothe 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
Principal and Surety this 23rdiay of November , 19 87 .
O'Grady Paving, Inc.
(To be signed by Principal Principal
and Surety. Notary
acknowledgments required.) Seaboard Surety Company ,,,
Surety
By:00
Carolyn Kelley, Attorney n-Fact
The above bond is accepted and approved this day of
•
, 19
•
•
•
6/17/'85
t.
Vim_ a .a y ;TS -til I 8'.:je s8 (.J .E LEJ 3 .ae�. c-
-eS� — — •••@3 telt .'�y •lFE-:'c�" jai..dacpiln:•z_Sere ^`li1.-ic
• 5!dS•i`2-s X 90 'c��.1 :
BID PROPOSAL I'^.I o
Ex \, bpi A
PAVEMENT RESTORATION
PROJECT 88-107
TO THE DIRECTOR OF PUBLIC WORKS, CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the plans and specifications furnished for the Pavement
Restoration, Project 88-107, I, the undersigned, hereby propose to do all
work required to complete the said work in accordance with the specifications
and/or plans for the amounts set forth herein on the incorporated schedule.
The work shall be the removal and reconstruction of asphalt concrete pavement
as outlined in the specifications and/or plans outlined herein.
All necessary preparation as well as "cleanup" is included in the prices bid
and no extra compensation will be sought. All work will be done in a work—
manlike manner and will meet or exceed the embodied requirements and/or the
standards stipulated by the City Engineer.
The undersigned also understands that the quantities shown below are estimates
only, being given as a basis for the extension of the unit prices bid. This
extension will be the basis for comparison of bids by the City Council. The
City reserves the right to increase or decrease the amount of class or portion
Of the work or to omit items as may be deemed necessary by the Engineer.
A bid bond in the amount of ten percent (10%) is required. Award shall be to
the lowest bidder; however, the City Council reserves the right to reject any
or all bids.
BID EST.QTY.
ITEM UNIT UNIT PRICE TOTAL
1. 65,000 SF Pavement Restoration (4") $ / '' /SF $ 9/, 000
aS
2. 50,000 SF Pavement Restoration (6") $ c2 — /SF $ //e2 SOU
ao
3. 40,000 SF Pavement Restoration (10") $ 3 /SF $ /020 000
TOTAL BID: $_c i. SOO
0�0 `
II G fAV
BID PROPOSAL PAGE 1 OF 5
I, the undersigned agree that if this proposal is accepted, I will enter
into a contract with the City of Cupertino to provide all necessary machinery,
tools, apparatus, and other means of construction and to do all the work
specified in the contract in the manner and tine 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 $ /d 70 , as required by law and the Notice to Bidders.
(102 of bid amount)
PROPOSAL PAGE 2 OF 5
•
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 accurancy of the informa-
tion is hereby guaranteed.
(1) How many years has your organization been in business
under its present name? c;27
(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? a 7
(3) Contractor's License No. c9O/6f t. , State of California,
Classification .4 (?/?.
(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 3. years.
Year Class, Location of Work and for Whom Performed Contract Amount
c/ :.cfr
PROPOSAL PAGE 3 OF 5
A. BID DOCUMENTS; Continued
Name of Proposed Sub-contractors, if any
(Section 4104, Government Code)
1.
2.
3.
4.
5.
6.
Address if Shop or Office of Sub-contractors
(Section 4104, Government Code)
1.
2.
3.
4.
5.
6.
Work to be Performed by Sub-contractors .
(Section 4104, Government Code)
1.
2.
3.
4.
5.
6.
PROPOSAL PAGE 4 OF 5
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 COPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT,
SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED.
TYPE OF BUSINESS: Individual:
Co-Partnership q� /�
Corporation v 44*Pae l-t- e-i CD - •
U
Joint Venture ((11
Other
(Describe)
Name and Signature of Bidder:
Jc.ii'ah G .• o- •
(Print)
)t.i/& '42(
(Signature)
Address (Both mailing and location addresses) :
711a•t n , iAtw i . 9W993
Telephone Number:
(•//S ) 4oto - /WC-
Date:
WCDate: /2414,k- /4 /9157
Addendas Received:
1 2 3 4 5
PROPOSAL PAGE 5 OF 5
Cef sdied Copy SEABdARIXSUR COMPA- _ 6 rt
Nq_ 20 = AUM(Nl`�FRAFtVESSE-ICES aEDMIRSTEE _aJER - L t
KIdOtAtai.L RlOEN sYTNESE PRESEf�tTs--Ir,�tsEaBeFaRas�tR> rrealwe�t�i� �r�s�a��tot"��Yty�as�
made constituted ancr-appoi€fted andby tttese°presents noes make-constitut and appoint=_=a
-
\ �—
of Palo Alto,
its true and lawful AttorneyirkFait• famakereaecuteanddeltier'ortftis ehalEtttsurance lic
po tt suret_b�ds attdertakit and=
other insf7uments p/similar nature as olfows= = bgtaQ_ yc Such insurance policies;-surety dondt underta-kings-and°'lnsftumenttfo-said-Tpurpose�whe s ejceated,b�z'thie afdresaid
Attorney-in-Fact, shall be:bindingupor> tf esaid Company as fully`antf to thesamwex3etttatfsfgns big-tfedufy authorizers _
officers of the Company-and sealed-with its corporate-seak and-all'ttiea otsard-Afforney fn tirsuan€to the authority
hereby given;are hereby ratified and donfrrme -
This appointment is made pursuant to thefoito- wmg By--Laws which=were-dulgadeptedb4the B-- d-a Direstars_of the said
Company on December 8th 1927-with Amendments-ttaand meiudtn iantiar 5 198Zanikareitil fa ecce and effect
ARTICLE vii SECTION1: -
'Policies,bonds,recognizances stipulations consentsofsurety underwNtmgunderrakmgsenckinstruments rein icaFteret—m --_
Insurance policies.bends.recognizancessnpufatwnsrconsentsofso y-erdundecwgtmg7lgdertakf fthtten
__ ngso eth Codrefeases;ag_reginentsand ther
writings relating in any way thereto or to anyctarm ortossthereunder:-shalEpe�rgned=a�thr:narriearid=on:pefral�o€ihe-Cpgipan}a-
(a) by the Chairman of the Board.the Pfbeident,avice-Presldennor aResiderit. de_Piesi nt of hitt-e% retarieett satstantse-c"retery,afestdent,
Secretary or a Resident Assistant Secretary or-(t by aiiAttorney-usFacrfor the.C6fnpanyapppinffid abc aitthonzed=biyihe Chair e_oklhe-Board:-the = -
President or a Vice-President to.make=susig
cfi nature oricf by such atheeiat scars:ottepresenta'tt+�efas.fhe=Boarctliaik Lr�=;ane-tohi Cetermff - _
The seal of the Company shelf if appropnate6e atfized theretoby any sucdr of6cerattorney rn_i'actoFTepresentalNi —
IN WITNESS WHEREOF SEABOARD SUfET`edOMFANY has;caus these present to Idsg ect6y b ottt�Uice
Presidents,and its c orafe_seaFto_be he unto affixed end duCyattested=bion dills BssrstafaFSeefa
rectes-fFu
day ofreri 19 ti
0�SU0ETrc __
k' * ° AttestLI _ SEAB
(�. 1927 ekt±
j'r"ar cwv� sct_ Q �ret_( ea) _ `
- AssfstantSecretacy-_ _ r creresfdent-
STATE OF NEW JERSEY = = �_ _
COUNTY OF SOMERSET ss
- -
s
On this 5th day of = Ma�C r 1g —
- _ _ e=pet�onatty ppearecE`
Michael.x Keegan a>V€ce PiestdettEoffffifSURf3Y COtANY
with whom I am personally acquainted who beinablcrtieduly sworttrsatc tttat he reistdes7i ffie fatg_a1=$T erSE
that he is a Vice-President of SEABOARD S JRETVY COMPANNY theco%poratian_descnbed is artd—wH cifexesufed the foregoing
instrument that he knows the corporateseafo€3bes_aid,Comean} tha thpcearaffixedtasacddinstrt�mifttssucttcorporates-et -_
that it was so affixed byorder of the Boardof E ifrectors ofsaid_Companyzandihatfe srgneattisnarrlettiae2n as Vice-Presideritiof
said Company by likeeauthority �_
v\
FELIGE CATAEANr
(Seal) NOTARY PUBLi OF=N 02S
MyCommissior€Ei lr I No�yeatrt
2 4���Sgt_�E R E) k`tN1 �� �-
I the under_ 4 Assistant freta n6SEA86A- RI-TBt1R
n EKY{�t.APANF`da1tdofurtt etd thBflhEtfhaVie 20wew�LR;tGfna flt tii9eforegutrsg-,� _
,.ttornrue � _._eoft _ fficerts uiltorcearxreffectaTiit r Rist ertihcataand ido-furttrer.eatifytitattiktrc resnderS ioexecufedthes.3jetr lerezof,
Attorney was one of the Officers aeftroft• (heeea er ecteS'aappom€again e sieb-a0yovtdB tG6o .---Vnabli =1=,PttieBy—E- a o�
SEABOARD SURETYCOMPANY = _ =_ J__\ lam- _ -
This Certificate may be signed and3eatedby facsimtfeimder and hya[ntitie Jcylth +natigresofunorc —
Pmmnut�IScihe ri �
Directors of SEABOARD SURETY COMPANITht-a-meetia mut rLcaifedarict-hetda3retW2 tWetarof=Fvtardtyaf9TFt��
"RESOLVED: (2) That the use of a prrntedfacsrm ftof the cerporete.-seaCdk-ttite C6fipany:anr otfye.grr r o jrygrstarrF g- rte#azyc�—�- -_
certification of the correctness eta copyof amnstrumentexecutedbythePrasrdelifd a-Vies-Etesrdentpursaa�">��'�rfyr:St=o€the
appointing and authorizing an-attorri€.In-J c to si&pimibe-narri&an Jarcbe rralSi t Campany�ureiy=tt err j�Ur detrarrayto t ie�-_
instruments destribed in said Articre VII-$e lE1`vwf�n =rr�=€ -Sea —�
authorized-and
v.-F.�•;
IN WITNESS WHEREOF!f harvt�ere��rntt€se€—m}� den- > sc�6��c -.__
4:SURE)YC _ d tiraFv ��f1f
1927
-eti
For verification of rhe authenticity of thio Power of Attnrnnv„nn...o.,r. rrdiart 010_On2TAAfl. tt.e D,- ..e...f na,....e.,ae.i, refer to tt.e D,.,.,e.
STATE OF CALIFORNIA
] ss.:
CITY AND COUNTY OF Santa Clara ]
On this 3rd dayN o v em b e ri 9 8 7 , before me, the undersigned Notary Public, in and for the State, personally
" appeared Carolyn Kelley a person known to me(or proved to me on the basis of satisfactory evidence),
to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and
acknowledged to me that the corporation executed it.
Given under my hand and Notarial Seal this 3rd day of November A.D. 19 87
OFFICIAL SEAL C 4 / //C 6
. MyComa'. 1 RUTH G. FlTCHETT �)/ /] %/r`i"//h
-Ryes SANTA CubLARA COUNTY //
r // Notary Public.
My Comm.Ey Oet.30.1990
FORM 116 12/82
SEABOARD SURETY COMPANY
ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY
PROPOSAL BOND
Munn all P tit bjj Otos) Words:
THAT WE, O ' Grady Paving , Inc .
as principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State
of New York, having its principal place of business in the City of New York, New York, as
surety, are held and firmly bound unto City of Cupertino
•
as obligee,in the sum of Ten Percent Amount of Bid ( 10% Amount of Bid )
DOLLARS, lawful money of the United States of America, for the payment of which, well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
SIGNED, sealed and dated this 3rd day of November 198 7 .
WHEREAS, the said principal is herewith submitting its proposal for
Pavement Restoration Project 88- 107
•
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal
shall be awarded the contract upon said proposal and shall within the required number of days
after the notice of such award enter into a contract,and give bond for the faithful performance of
the contract, then this obligation shall be null and void; otherwise the principal and surety will pay
unto the obligee the difference in money between the amount of the bid of the said principal and
the amount for which the obligee may legally contract with another party to perform the said work
if the latter amount be in excess of the former; but in no event shall the surety'sliability exceed
the penal sum hereof.
O ' Grady Paving , Inc .
Principal
SEABOARD SURETY COMPANY
By l _
Form 136 Carolyn Kellell l me•-in-Fact