89-129 Roma Construction Co, Pavement restoration Project 89-104, Reso 7785 Cit-4 of Cupertino
P.O. Box 580
10300 Torre Avenue Cupertino,California 95015
W Cupertino,California 95014
Telephone; (408) 252-4505
July 27, 1989
Roma Construction Corporation
1552 Norman Avenue
P. 0. Box 4326
Santa Clara, California 95054
PAVEMM PEM0RA 0N, PROJECr 89-104
Enclosed you will find a copy of the contract that was awarded to you
on June 5 for pavement restoration. I am also enclosing Your
cashier's check for $7,000.00 as we have received your Faithful
Performance Bond and labor and Material Boyd. Thank You.
Sincerely, e�
D0RC7iWZ=S, CMC
CITY CIBC
Encl.
DC/Cs
l
CONTRACT FOR PUBLIC WORKS
CONTRACT made on June 5, 1989 by the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and ROMA CONSTRUCTION CORPORATION
,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 89-104
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 _Pavement Restoration on various City streets.
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
89-104
Page 1
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 : SIXTY NINE THOUSAND NINE HUNDRED SEVENTY FIVE DOLLARS AND 60/100
($69,975.60)
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.
S. 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,
Page 2
ti
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 wayaffect 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 fc r 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.
10. TIME FOR COMPLETION. All work under this Contract shall be
completed:
45 WORKING DAYS
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.
Page 3
11. INSPECTION AND TESTING •Op 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 pezformance 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.
Page 4
. 14 . NOTICE AND SERVICE THEREOF. Any notice # m one
party to
the other under this Contract shall be in writi: ind shall be
dated and signed either by the party giving SL otice, or by a
duly authorized representative of such party. ,;;;y such notice
shall not be effective for any purpose whatsoever unless served in
the following manners (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:
P.O. BOX 4326
SANTA CLARA, CA 95054
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 attorneys
fee to be fixed by the court in case suit is brought upon the bond.
Page 5
18 . INSURANCE. rhe 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 13 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 Injury Liability Insurance in an amount not less than
$500,000.00 for injuries, including accidental death, to any, one
person, and subject to the same limit for each person, in an
amount not less than $1,00o.000.00 on account of one accident, and
Page 6
Property Damage Liability Insurance in an
amount not less
$250 ,000 .00 . The City and its officers and employees, shallthbe
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,
against a loss covered by such olie have other insurance
be excess insurance only. p Y. such other insurance shall
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
at any arise or be set up because of equitY, that may
to property sustained by any person or personal injury or damage
the course of the performance of said work,
or by reason of, or in
infringement or alleged infringement of the by reason of any
person or persons, firm or corporation in consequencepatent rights of ase
ny
in, on, or about said work, of any article oraialosuppliedf the uor
installed under this Contract. Notwithstanding the above, the
Contractor shall wherever it is necessary keep and maintain above,
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 OF 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 an
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
excess of eight hours per day and forty hours during any one week
shall be permitted upon public work upon co
worked in excess of eight hours mpensation for all hours
one-half times the basic rate of aper day at not less than one and
. It is further exressly
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
subcontractor under this Contract, for each calendar day during
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.
Page 7
The Contractor, and each subcontractor, shall keep an accdrate
trecord showing the names of and actual hours worked each calendar
Y and each calendar week by all laborers, workmen, and mechanics
Ployed by him in connection with the work contemplated a 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 t
workman, or mechanic needed to execute this Contracte of l�orTh
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
prevailing wage rates to the
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.
(b) The payroll records enumerated under subdivision (a) shall be
certified and shall be available for inspection at all reasonable
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.
(Z) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available for inspection or
furnisbed 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,
however, that a request by the public shall be made through
either the body awarding the contract, the Division of
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.
5--- 0
(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, Ti:Lle 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.
Page 9
Only apprentice', as defined in Section 3077, w�-
under apprenticeship standards and written apFin training
nts
under Chapter- 4 (commencing with Section 3070) , Divisiona3, oftheLabor 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 administeringthe a
of the craft or trade in the area f tthe sitenorethe ipublicndwork
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 a
inthe
contractor or subcontractor, shall arrange forrotheg dispatchsubject
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
apprdnticeship committee operates but in no case shall the ratio be
lees 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
the Contractor that he employs a p oproper showing b
such trade
in the state on all of this contract 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)
workin4 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 .
Pace 10
"Apprenticeable craft or trade, q as used in this section
mean a craft or trade determined as an a ► shall
accordance wi-th rules and regulationsPprepre;craibed®ccubation in
Apprenticeship Council. The joint apprenticeship committee shathe
ll
have the discretion to grant a certificate, which shall be subject
to the approval of the Administrator of A
contractor from the 1-to-5 ratio set forth Ppinntthi�heectionmwhengit
finds that any one of the following conditions are mets
the event
in (suchnarea exceeds unemployment
of for
15the
percent, orevious three month
. - percent, ®r period
In
te event
area)exgeedsha ratio ofelntoo--5r or apprentices in training in such
is (creplacingeatileastshone-thirtieththat s ofpritticeable craft or trade
through apprenticeship trainin s journeymen annually
or (2) on a local basis. g, either (1) on a statewide basis,
(d) If assignment of an apprentice to any work
public works contract would create a conditionerfo hichunwould
Jeopardize his life or the life, safety, or property of fellow
employees of the public at large if the ape
apprentice eific task to whish the
when such exemptions. are granted to n organization which
represents contractors in a specific trade fraom the 1 to 5 ratio on
a local or statewide basis the member contractors will not be
required to submit individual applications for
Joint apprenticeship committees, provided the approval aalreadyoclocal
overed
by the local apprenticeship standards. y
A contractor to whom the contract
subcontractor under him, who, in is awarded, or an
the contract, employs Journeymen or any prentices the work, under
apprenticeable craft or trade and who is notpcontributing ntoana
fund or funds to administer and conduct the apprenticeship program
in any. such craft or trade in the area of the site of the
work, to which fund or funds other contractors in the area of the
Site of the Public work are contributing, conpublic
fund or funds in each craft or trade in wchhhelemploysbJou to the
or apprentices on the public work in the same amount oruponsame 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
like amount to the California Apprenticeship
contractor or subcontractor maamountofsuThe
ch
contributions in computing his bid for the contract. The Division
of Labot' Standards Enforcement is authorized to enforce the payment
of sdch-ddntributions to the fund or funds as set forth in section
227.
Page 11
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 cort�pliance 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 30A1 . (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 shalls
(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 Apprenticeshipg and
(2) Forfeit as a civil penalty in the sum of fifty dollars
($50.0.0) for each calendar day of noncompliance. Noth0ithstanding
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
lection 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 inter rotation and enforcement of Sections 1777.5 and 1777.7
shall be T 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
doliats ($25.00) for each calendar day, or portion thereof, for
ddch liboreri workman, or mechanic paid less than the stipulated
:.: ptsdifling rates for any work done under this Contract by him or by
"'. iny `Adbconttactor tinder work done under this Conttact by him or by
dKy 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. Payment will be made in accordance with the attached payment
schedule. 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 (101) 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 event of the failure of the City's representative
to furnish and deliver said certificates or any of them or in lieu
Page 13
on, or about the same during its construction °nd before
_ acceptance.
26 . CONTRACTOR'S GUARANTEE. The Contractc: _nqualifiedly
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 Cbntractor 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
coat 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 DOLLARS AND N0/100 ($150.00) FOR EACH AND EVERY CALENDER DAY.
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 damager 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
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
p@rforming 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 effectsi 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,
CORPORATE ACKNOWLEDGMENT NO.202
State of °�//i/�Z On this the 5 �-Jday of �' lV� 19f before me,
SS.
County ofL- � /dt, �/ /
�
the undersigned Notary Public,personally appeared
O personally known tome
of OFFICIAL SI AL, the
oved to me on the basis of satisfactory evidence 1
ALICE BUSH �
P,: s
$oQ e m N07ARY PUBLIC - CALIFORNIA to erson(s)who executed the within instrument as
SANTA CLARA COUNTY blot �je{�1 D041 or on behalf of the corporation therein
p0.NP My comm. expires APR 6, 1992 named,and acknowledged to me that the corporation executed it.
WITNESS my hand and offi 'al seal.
Notary's Signature
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
Mayors
City Attorn y• City Clerks
Date/City Clerks L�
CONTRACTOR: ROMA CONSTRUCTION CORPORATION
Ry s /�-
Notary acknowledgment required. /
If a corporation, corporate seal
and corporate notary
acknowledgment required.
Project. Name and Numbers. PAVEMENT RESTORATION PROJECT 89-104
Contractors Names ROMA CONSTRUCTION CORPORATION,P.O. BOX 4326, SANTA CLARA 95054
Contract Amounts SIXTY NYNE THOUSAND NINE HUNDRED SEVENTY FIVE DOLLARS AND 60/100
($69,975.60) x
COnt=adt• ]account Numbers• 110-993-718
Page 16
1989 CAPITAL IMPROVEMENT PAYMENT SCHEDULE
'QUANTITIES CUT-OFF DATE CHECK RELEASE DATE
FRIDAY 5:00 PM FRIDAY
JANUARY 13 JANUARY 27
FEBRUARY 10 FEBRUARY 24
MARCH 10 MARCH 24
APRIL 7 APRIL 21
MAY 5 MAY 19
JUNE 2 JUNE 16
JUNE 30 JULY 14
JULY 28 AUGUST 11
AUGUST 25 SEPTEMBER 8
SEPTEMBER 22 OCTOBER 6
OCTOBER 20 NOVEMBER 3
NOVEMBER 17 DECEMBER 1
DECEMBER 15 DECEMBER 29
BID PROPOSAL
PAVEMENT RESTORATION
PROTECT 89-104
TO THE DIRECIOR OF PUBLIC WORKS, CITY OF CUPER=, STATE OF CALIFORNIA
Dear Sir:
In compliance with the Plans and Specifications for the work of the
Pavement Restoration Project in the City of Cupertino, Project 89-104 I,
the undersigned, 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 Specifications for the prices set forth in
the following schedule. I ..further understand that said prices includeall
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 the word 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 reject any or all bids or to waive any irregularities in the
procedures.
The work to be done consists of furnishing all labor, methods of process,
tools, machinery and material required to complete the Pavement
Restoration Project 89-104 as described in the Special Provisions.
In the event of discrepancies 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 45 working days. I further understand that I
shall pay to the City of Cupertino the stun of One Hundred Fifty Dollars
per day, for each and every calendar day's delay beyond the completion
date.
BID EST.QTY.
ITM UNIT
1. 16,853 SF Pavement Restoration (411) $ 2•Z9 /SF $ 3 2),5;`�3 3�
2. 9,203 SF Pavement Restoration (611) $ 3.4� /SF $ 3 \,3$a..�3
TOTAL BID: $ �o 9, 91 S. �O o
BID PROPOSAL PAGE 1 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 to do all the work
specified in the contract in the manner and tUie 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
00
of $ -�'0 0 (0 . w , as required by law and the Notice to Bidders.
(10% of bid amount)
BID PROPOSAL PAGE 2 OF 6
w 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?
(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?
(3) Contractor's License No. 523913 State of California,
Classification A . B , C-12
(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
BID PROPOSAL PAGE 3 OF 6
A. BID DOCL�NTS, Continued
Name of Proposed Sub—contractors, if any
(Section 4104, Government Code)
1'.pP-) hat
2.
3.
4.
5.
6.
Address if Shop or Office of Sub—contractors
(Section 4104, Government Code)
1. (P 9 (o
2.
3.
4.
5.
6.
Work to be Performed by Sub—contractors
(Section 4104, Government Code)
1. S P�w
2.
3.
4.
5. -
6.
BID PROPOSAL PAGE 4 OF 6
• A. BID DOCU:fENTS, 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
^esident : Kenneth Rowell Corporation ROMA Construction Corporation
Lce Pres. : Randy Matteis
)rp. Sec. : Eric Raff Joint Venture
Other
(Describe)
Name and Signature of Bidder:
7
Randv,,4I teis 7-- ic6 President
j (P idt)
i
(Signature)
Address (Both mailing and location addresses) :
1552 Norman Ave. (street)
P.O. Box 4326 (mailing)
Santa Clara, CA 95054
Telephone Number:
( 408 )' 496-6257
Date: May 23-,- 1989
Addendis Received:
1 2 3 4 5
BID PROPOSAL PAGE 5 OF 6
. r
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND
SUBMITTED WITH BID
State of California ss.
County of Santa Clara
Randy Matteis being first duly sworn, deposes and says that he or she is
Vice Presidentof ROMA Const . the party making the foregoing bid that the bid
is not made in the interest o , or .on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in
the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
Name and Signature of Bidder:
Rand Mjis - Vice President
I nt) /
j (Signature)
Date:
May23, 1989
PROPOSAL PAGE 6 Or 6
CITY OF CUPERTINO
t INTERDEPARTMENTAL Date July 14, 1989
To CITY CLERK From PUBLIC WORKS--SUMI
CI Information MESSAGE: PAVEMENT RESTORATION, PROJECT 89-104 (CC 6/5/89)
CI. Implement 1. Three sets of contract for processing.
CI Investigate
CI Discuss 2 One copy each faithful performance bond and labor and
i=1 See me material bond. Indiana Lumbermens Mutual Insurance Company
r7 Reply Bond No. SBP 12054625
3. Certificate of Insurance, 6/12/89.
Contractor: Roma Construction Corporation
P.O. ox 4326
Reply: Santa Clara, CA 95054
sm
attach.
SIGNED: DATE
Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply
CERTIFICATE OF,-INSURANCE / 06/12/89
.: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 listed below.
PRODUCER C Letter A Fireman' s Fund Insurance Cos.*
0
Thoits` Insurance Service , Inc. M Letter B Republic Indemnity Company *
250 Cambridge Ave . Suite 300 P
Palo Alto CA 94306-0190 A Letter C p { tf
INSURED N ��l��9\e � �
I Letter D �V 1 X989
Roma Construction Corporation E
1552 Norman Avenue S Letter E
Santa Clara CA 95054-2028
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
conditions of such policies . Limits shown may have been reduced by paid claims .
-----------------------------------COVERAGES------------------------------------
Co Type of Policy Policy Policy All Limits
Ltr Insurance Effective Expiration in Thousands
---- GENERAL LIABILITY ---------------------------------------------------------
A (X) Commercial GL MXX80332035 11/09/88 11/09/89 Gnl Aggregate $2 , 000
(X) ( )Claims Made Prd-CompOp Agg $2 , 000
(X)Occurrence Pers & Adv Inj $1. , 000
Owners & Contr Each Occur $1 , 000
(X) PROPERTY DAMAGE DEDUCTIBLE-$500 Fire Damage $50
( ) Medical Exp $5
---- AUTOMOBILE LIABILITY ------------------------------------------------------
A ( ) Any Auto MXA80049626 11/09/88 11/09/89 CSL $1 , 000
( ) All Owned B. I . /Person
(X) Scheduled B. I . /Accident
(X) Hired P . D.
(X) Non-Owned
( ) Garage Liab
---- EXCESS LIABILITY ----------------------------------------------------------
A (X) Umbrella Form XOK2086623 11/09/88 11/09/89 Each Occur Aggregate
( V O. T. Umbrella $1 , 000 $1 , 000
---- WORKERS COMPENSATION ------------------------------------------------------
B W. C . PC991008 05/01/89 05/01/90 STATUTORY
Employers Liab. Each Accident $1 , 000
Disease/Pol $1 , 000
Disease/Emp $1 , 000
---- OTHER ---------------------------------------------------------------------
--------------------------------------------------------------------------------
DESCRIPTION OF Operations/Locations/Vehicles/Restrictions/Special Items
CONTRACTOR/ALL CALIFORNIA OPERATIONS
RE: PAVEMENT RESTORATION, CUPERTINO, CA
JOB* 1161-00 FORM CG2010
CANCELLATION: Should any of the above described policies be cancelled
before the expiration date thereof , the issuing company will endeavor
to mail 30 days written notice to the certificate holder named below
but failure to mail such notice shall impose no obligation or
liability of any kind upon the company, its agents or representatives .
NAME and ADDRESS of CERTIFICATE HOLDER
OF `::CURERT�INO_
10300 TORRE AVENUE
CUPERTINO,# CA 950�14lM
204 ATTN: C��AR�2t!EaN _L'Y�NA�UaG;H:. Authorized Representative
r
THIS ENDORSEMENT CHANGES THF-POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL COVERAGE GENERAL LIABILITY
Additional Insured—Owners,
Lessees or Contractors(Form B)
.
F
,.: r
POLICYA�tifENDMENT CG 20 -10 11 85
IF THE FOLLOWING INFORMATION IS NOT COMPLETE, REFER TO THE APPROPRIATE DECLARATIONS ATTACHED TO THE POLICY.
INSURED POLICY NUNIBER SEQUENTIAL NO.
ROMA CONSTRUCTION CORPORATION Mxx8o332035
PRODUCER EFFECTIVE DATE
THOITS INSURANCE SERVICE, INC .
SCHEDULE
NAME OF PERSON OR ORGANIZATION: CITY OF CUPERTINO, ITS OFFICERS AND EMPLOYEES .
10300 TORRE AVENUE
CUPERTINO, CA 95014
WHO IS AN INSURED(Section II)is amended to include as ule, but only with respect to liability arising out of "your
an insured the person or organization shown in the Sched- work" for that insured by or for you.
RE: PAVEMENT RESTORATION, CUPERTINO, CA
Other Insurance - Subject to all other terms and provisions of the policy,
such insurance as provided by this endorsement shall be deemed primary, but
only with respect to work performed by or for the Named Insured in connectic
with the above described contracts .
Authorized by Jack Harbert ,. Fireman' s Fund Insurance Company
Waiver of Subrogation In consideration of the premium at which this
policy is written, it is hereby agreed that with respect to such
insurance as is afforded by General Liability insurance , the Company
hereby waives its right of Subrogation against The City of Cupertino,
its officers, and employees for loss arising out of or in connection
with work performed by the insured.
Contains Copyrighted Material of Insurance Services Office,Inc.,198.3
This Form must be attached to Change Endorsement when issued after the Policy is written.
ONE OF THE FIRE.MAN'S FUND INSURANCE COMPANIES AS NAMED IN THE POLICY
If XCL PRESIDENT
STOCK NO. CG 20 10 11 85
CORPORATE ACKNOWLEDGMENT CAL-24
....................................................................................................................0.....
`• State of California On this the O y of �0 194 before me,
SS. _
)/z,_
Count f
County o �— the undersigned Notary Public, personally a ared
OFFICIAL SEAL
`' `"" "4 •. VICKI HARGROVC proved to me on the basis of satisfactory evidence :
>� Notary PuLft-Catitornla to be the person(sl"who executed the within instrument as :
SANTA CLARA COUNTY
U XPi �r .s7 5� �'✓T or on behalf of the corporation therein
' 4.1990
My Comm.Exp.Sep. named, and acknowledged to me that the corporation executed it.
WITNESS my hand and offic'aFsealr
/_&
Notary's Signature :
............•..........................................................................................•....................
STATE OF ILLINOIS
( SS
COUNTY OF COOK
1, Dolores Langlbts, A NO'T'ARY PUBLIC OF GOOK COUNTY, STATE OF
ILLINOIS DO HEREBY CERTIFY THAT JERRY BEY ATTORNEY
IN FACT OF , Indiana Lumbermens Mutual Insurance Company WHO
IS PERSONALTY KNOWN TO ME TO BE THE SAME PERSON WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT, APPEARED BEFORE ME
THIS DAY IN PERSON AND ACKNOWLEDGED THAT HE SIGNED, SEALED AND
DELIVERED SAID INSTRUMENT, FOR AND ON BEHALF OF Indiana Lumbermens
Mutual Insurance Company OF Indiana FOR THE USES AND PURPOSES
THEREIN SET FOR'T'H.
GIVEN UNDER MY HAND AND NOTARIAL, SEAL AT MY OFFICE I.N CHICAGO
ILLINOIS 1N SAID COUNTY, THIS 15th DAY OF Tune 19 89
MY COMMISSION EXPIRES DECEMBER 4, 19 9 �1\ /�_.�
BOND SBP 12054625
FAITHFUL FF,RFORMARC BOND `
� 1
KNOW ALL MEN BY VIESE FRFSENT91
T"TPrincipal
Wr;, —_RrksA_._rr)NS2sllr,m�cl,v_.LnRp 1tT�:t11t-
- a/ princi sl 8nd ~ �
p _ �.�1i1lwi.@ Lumbe_rmens Insurance Company
at Sur#t;y are held Arid firmly bound unto tha City-o
In the OUe CUD Jggy, lingo/�SixLy Nine Thousand Nine Hundred Seventy F ve S�b8.t. California,
�s_J R��,975.60 ,"�____») lawful money of the United Stat98� for t:he pAymdDollars
of t.,hfch will and truly to be made, wo bind ourselves, our hoi,rs, 4x4Cittors,
Aucc1440re and ano.igota, jointly and severally, firmly by t:hano presente.
T11E CONDIIION of the nbova obli.gntion is such that,
WHEREAS, the Ptinc.ipn.t line ontered into a contract dated � June 5, 1989
with the Obligee
to do and perform the following work to-wits
Pavement Restoration Project 89-104
R
° tar?lJ, THEAMRF, if 00 said Principal shn.11, We11 and truly perform the work
contractod to be performed under sntd controut, then this obligation shall b4
voidl othorwiRe to remain in full fore.# And affect,
IN 141TIlE'�S WHEREOF, this inatrumarit: ha® been duty Executed by the Pxineipal,
end Suzaty th1A t ,rl, day o£ June .�r l� 89.
(TO bo ®ignod by Principal
and Surety, and acknowledgment.)
Roma Cobs��rlcti'lo Company
nei pp
� Indy-aAan.LumhormPnc Tn,�•*��or�ompany
i - Surety =
By t
At Co ey_ip�Ft er sz.y
rhe above bond ie Acce�Ced and Approved thi#
of 19 ,
BOND SBP 12054625 ;
LABOR AND 4MATTERIAL BOND
101014 AU MEN BY THESE PRESENI•t
VNEREA9, the City of Cupertlno, State of
r C e 11 f o r m a, e n d
)RA 77(w
a i n g t e d a �� ---�`'`-;,--•---._-aVe --_---._•---�
into a contract providing forithepinstallationered into ti are about to enter
Principal of enrtain improvements more psrticularlysdescribad i
and incorporated herein b � and erection by
Y reference, n said contract;,
UNEREAS, said Principal is 1Pquired to furnish a. bond
in said eontrnet, providing that if said Prihcipnl, or any of hie or
with
contractors, shall fall to pay for any materiels,
other suppliee or teams used in, u o,� its subr
contrsct.ed to be done, or far any taork or for provisions, provender or
p , for or about the performance of Elie work
Surety an said bond shall pay the same to the extent hareine rafteranY kind, the
NOW, THEREFORE, t,e, the. P • ser forth;
tincipal, and ,
�Liciid Lumbermens Mutual Insurance Company``
as Surety, firmly bind _ W
ourselves, our e.SQeutvra, edminietrat'prei auaee®sore'"
All And nseigne, JdIntly and aevereliy, unr.a the City of Cupertino
ro maters, men,proven -
persons, co►npan.les , and any and
rrovisian9 � or corporations furnishing materials,
, provender or other supplies used in, upon, f
menco of the aforesaid work contracted to be executed or performed under
ha
contract hereinabove mentioned, and Incorporated p � or or abut the perfor�
pereonA, companies or corporations lending orChiringeteamin o, rmeLence, andallmachinery, for or -contributing to said work to be done, and Allpersonsrnrform work'or ,labor upon the same, and all persons Who sli 1 p who
materiels, whose Claim has not been paid by Principal or by any othebot )rwooreond
in the dust and full sum of _
person,
Sixty Nine Thousand Nine Hundred Seventy 71TVe"6Uy�x***
(� 69,975.60
THE CONDITION OF THtS OBLIGATION IS 'SUCH VIAT if said principal, his or
Its subcontractors, heirs, executors, administrators, successors or aeei ns
shall fail to pay for any meteria.le, 8 ,
or terms used 'in, upon, for or about theVPerformancevofdtheer oworkllcontracted
to
be done, or for any work or labor thereon of any kind, or for amount6 due edn a
tl)e UnemplOYMOnt Ipauranca Act with respect to such work or labor d®r
All dAmsges arising ,under Elie original contract, then 98id Surety�wilisnay and
Same and also will pay in case 6�aic is brought upon this bond, such r6 fiaoyable
atternoy's fee as shall b-e fixed by the court. the
This bond shall inure to the benefit of any and ell persona, companies,
And corporations entitled to file claims under Section 1184, 1 0! the Code of
Civil Procedure, so as to give a right Of action to them or their assigns in
any euit brought upon this bond, '
CORPORATE ACKNOWLEDGMENT No.202
State of On this the day of 19before me11 ,
SS.
County of Mz7
the undersigned Nota Public,personally appeared
?, "I - e
❑ personally known t me
OFFICIAL :,:AL proved to me on the basis of satisfactory evidence
Dorothy Marie Corneliusto be the person(s)who executed the within instrument as
`F
NOTARY PUELIC-G1 L'C.i,hIA or behalf of the corporation therein
Air TA CLA RA C01JiVTY
My Commission Expires Sept. 98, 1992 named,anPeknrledged to me that the corporation executed it.
WITNE my hand and official seal.
i
Not ry s Signature
-------------------
AQQnnInTinnl.9ant9 voorura RI-1 .Pn R—AR95.Woodland Hills.CA 91364
r
STATE OF ILLINOIS
( SS
COUNTY OF COOK
I, Dolores Langlois, A NOTARY PUBLIC OF GOOK COUN'T'Y, STA'L'E OF
ILLINOIS DO HEREBY CERTIFY 'T'HA'T• JERRY BEY ATTORNEY
IN FACT OF Indiana Lumbermens Mutual Insurance Company WHO
IS PERSONALLY KNOWN TO ME TO BE THE SAME PERSON WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT, APPEARED BEFORE ME
THIS DAY IN PERSON AND ACKNOWLEDGED THAT HE SIGNED, SEALED AND
DELIVERED SAID INS'T'RUMENT, FOR AND ON BEHALF OF Indiana Lumbermens
Mutual Insurance Company OF Indiana FOR THE USES AND PURPOSES
THEREIN SET FORTH.
GIVEN UNDER MY HAND AND NOTARIAL SEAL AT MY OFFICE IN CHICAGO
ILLINOIS IN SAID COUNTY, 'THIS 15th DAY OF June 1989 A.D.
AIY COMMISSION EXPIRES DECEMBER 4, 19
r.
w
r
Labor and Hateriaj Bond
1
Pago y
• r
And the Bald Surety, for value receivpd, hereb
that no change, extension of t.i.me, a.lteraCiun or addition l a
contract ®r to the work to be performed atiQn Y tion t tied tp
and egre®a
a�coott does
the same shall in any wise affect 1t9 obligations op 9ificat,ionaern 0 f the
end it does hereby w,�ive ttotios of any each change, extension of
Ation or addition to tfte terms of the couch on thin bloc{,
fico o tract or to the work or time,
nleer�
Gion9, G the apaci-
.IN WITNESS WHEREOF, this instrument, has bAen duly e3cecot@d b t
Principal and Surety this _1.-ttday of June �r tto
i9 89 Y
Romer"j Oiist do ComF�ny
(To be ai$ned by Principal F irtc
v v
and Surety. Notary
acknowledgments required.) j
Indiana Lumbermens Mutual Insurance Company
Surety
nyr
Attorney- e t
Jerry Bey
v
The above bond is accepted st)d npproved this 'day of
h
a
i
Indiana
4111
Lumbermen;
POWER OF ATTORNEY
PRINCIPAL Roma Construction Company EFFECTIVE DATE June 15, 1989
1552 Norman Avenue Santa Clara, California 95054
(STREET ADDRESS) (CITY) (STATE) (ZIP CODE)
CONTRACT AMOUNT AMOUNT OF BOND$ 69,975.60
POWER NO. SBP 120 54625
KNOW ALL MEN BY THESE PRESENTS that the Indiana Lumbermens Mutual Insurance Company, a Corporation duly organized and
existing under the laws of the State of Indiana, with its principal office in the City of Indianapolis, Indiana, does hereby make, constitute
and appoint
Jerry Bey State of Illinois
as its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute, acknowledge and deliver any
and all Bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof for and on
its behalf as follows:
The obligation of the Company shall not exceed four million ($4,000,000.00) dollars.
And to bind the Corporation thereby as fully and to the same extent as if such Bonds and undertakings, recognizances, contract of
indemnity, and other writings obligatory in the nature thereof were signed by the President, sealed and duly attested by the Secretary
of the Corporation, hereby ratifying and confirming all that the said Aftorney(s) in-Fact may do in the premises. This Power of Attorney
is executed and may be revoked pursuant to and by authority granted by Article IV, Section 2-A (1) and (2) of the By-Laws of the
Indiana Lumbermens Mutual Insurance Company, which reads as follows:
(1) The President or any Vice President shall have the power and authority, by and with the concurrence with the Secretary of the
Corporation, to appoint Attorneys-in-Fact for purposes only of executing and attesting to Bonds and undertakings,
recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and at any time to remove any such
Attorney-in-Fact and to revoke the power and authority given to him.
(2) Attorneys-in-Fact when so appointed shall have power and authority, subject to the terms and limitations of the Powers of
Attorney issued to them, to execute and deliver on behalf of the Corporation any and all Bonds and undertakings,
recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and such instrument executed by
any such Attorney-in-Fact shall be as binding upon the Corporation as if signed by an Executive Officer and sealed and
attested by the Secretary.
IN WITNESS WHEREOF, the Indiana Lumbermens Mutual Insurance Company has caused these presents to be signed by its Vice
President,attested by its Secretary and its Corporate Seal to be hereto affixed this FIRST day of JUNE 1988.
ATTEST: Indiana Lumbermens toJijl 17surance Com/pany
By By I
Secretary Vice President
STATE OF INDIANA
COUNTY OF MARION SS:
On this FIRST day of JUNE i9 88 before me personally came
the individual who executed the preceding instrument, to me known, who being by me duly sworn, acknowledged the execution of the
above instrument and did depose and say; that he is the therein described and authorized officer of the Indiana Lumbermens Mutual
Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that
it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name thereto by like order.
l/l/V L ,....Y.....p...,,
o o P .
SEkE
My Commission Expires *:. __ ::* Notary Public
STATEINDIANA SS: '•.�NoiANP, .•'`
COUNT OF MARION
I, the undersigned, Secretary of the Indiana Lumbermens Mutual Insurance Company, do hereby certify that the above
and foregoing is a true 'and correct copy of a Power of Attorney, executed by said Indiana Lumbermens Mutual
Insurance Company, which is still in force and effect.
This Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of
Indiana Lumbermens Mutual Insurance Company at a meeting duly called and held on the 12th day of June 1973.
"RESOLVED: That the use of printed facsimile of the Corporate Seal of the Companyand of the signature of the Secretary on
any certification of the correctness of a copy of an instrument executed by the Presidnt or a Vice President pursuant to Article
IV, Section 2-A (1) and (2) of the By-Laws appointing and authorizing Attorney-in-Fact to sign in the name and on behalf of the
Company Bonds and unddertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof
with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved."
In witness whereof,I have hereunto set my hand and affixed the seal of said Corporation,this 15th
day of June 19 89 .
(SEAL)
Form 253 Secretary
t _
RESOLUTION NO. - 7785
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT BETWEEN
THE CITY OF CUPERTINO AND THE STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION FOR ISSUANCE OF ROUTINE
ENCROACHMENT PERMITS ON COVENTIONAL HIGHWAYS BY THE
CITY OF CUPERTINO
WHEREAS, there has been presented to the City Council a proposed
cooperative agreement between the State of California, Department of
Transportation, for the purpose of providing greater efficiency in the
issuance of encroachement permits within state highways in the City of
Cupertino; and
WHEREAS, the provisions of the aforementioned agreement have been
reviewed and approved by the Director of Public Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes its
Mayor and the City Clerk to sign the agreement in behalf of the City of
Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 3rd day of April 1989, by
the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Koppel, Plungy
NOES: None THIS IS TO CERTIFY THAT THE WITHIN
ABSENT: Rogers INSTRUMENT IS A TRUE AND CORRECT COPY
g
ABSTAIN: None OF THE ORIGINAL ON FILE IN THIS OFFICE.
P
ATTEST ® S9 a
CITY CL OF THE CITY ❑F PERTIN❑
BY
ATTEST: APPROVED: CL R«<
/s/ Dorothy Cornelius /s/ John J. Plungy, Jr.
City Clerk Mayor, City of Cupertino
AGREEMENT WITH CITY OF CUPERTINO TO ISSUE ROUTINE
ENCROACHMENT PERMITS ON CONVENTIONAL HIGHWAYS
THIS AGREEMENT, made and executed in duplicate this 20th day
of June 19 89 , by and between the State of California
acting by and through the Department of Transportation , hereinafter
referred to as State and the City of Cupertino hereinafter referred
to as City.
WITNESSETH:
A. RECITALS
The Parties hereto desire to provide for the City to perform
particular encroachment permit functions on State Highway 85
(DeAnza Boulevard) within the jurisdictional limits of City, to
wit, the issuance of routine encroachment permits and the control
and inspection of work performed pursuant to said permits, as
provided for in Sections 130 and 676 of the Streets and Highways
Code .
B. AGREEMENT
This Agreement shall supersede any previous AGREEMENT WITH
CITY OF CUPERTINO TO ISSUE ROUTINE ENCROACHMENT PERMITS ON STATE
HIGHWAYS and/or AMENDMENTS thereto .
C. In consideration of the mutual convenants and promises herein
contained it is mutually agreed that City;
1 . Shall use State ' s Standard Encroachment Permit
forms .
2 . Shall follow State ' s policies as contained in
State' s Encroachment Permit Manual . A copy of said
Manual will be furnished upon execution of this
Agreement.
3 . Shall follow State ' s design standards unless City' s
standards are more restrictive . In the event of
conflict as to interpretation , State ' s standards
shall apply.
4. May issue Encroachment Permits for the following
routine encroachments without State' s prior
approval ;
a. Signs, Marquees and awnings
b. Banners and decorations
c. Curbs , gutters and sidewalks
d. Roof drains and through the sidewalk curb drains
e. Pedestrian protection (barricades or canopies)
f . Traffic counts
5 . Shall collect sufficient fees from the permittee
to cover its cost of permit administration,
inspection and other Permit related costs . No
costs for City administration, review or
inspection shall be charged to or borne by the
State.
6 . Shall assign qualified personnel to review permit
applications, plans and specifications, to revise
plans and produce permit with appropriate
specifications, and to provide construction
inspection or monitoring and conduct final
inspection of all work performed within the
highway right of way.
7. Shall keep on file, subject to State ' s
inspection , all permits issued on State highways;
and shall forward copies of all issued permits ,
along with Notices of Completion , As-Built plans
( if any) and all other related data to State' s
District Permit Engineer immediately upon
completion of the work permitted or upon the
expiration of the permit.
D. LEGAL RELATIONS AND RESPONSIBILITIES
Nothing in the provisions of this agreement is intended to
create duties or obligations to or rights in third parties not
parties to this contract or affect the legal liability of either
party .to the contract by imposing any standard of care respecting
the maintenance of State highways different from the standard of
care imposed by law.
-2-
: It is understood and agreed that neither the STATE nor any
officer or employee is responsible for any damage or liability
occurring by reason of anything done or omitted to be done by the
City under or in connection with any work, authority or
jurisdiction delegated to the City under this agreement . It is
_ understood and agreed that pursuant to Government Code Section
895 .4 City shall defend, indemnify and save harmless the State of
California, all officers and employees from all claims, suits or
actions of every name , kind and description brought for or in
account of injuries to or death of any person or damage to property
resulting from anything done or omitted to be done by the City
under or in connection with any work, authority or jurisdiction
delegated to the city under this agreement .
The City waives any and all. rights to any type of express and
implied indemnity against the STATE, its officers and employees
arising from any work, authority or jurisdiction delegated to the
City under this agreement.
E. TERMS OF AGREEMENT'
THIS AGREEMENT shall become effective on the date that it is
executed by all parties and shall remain in full force and effect
until amended or terminated .
This Agreement may be amended or terminated at any time upon
mutual consent of the parties hereto. This Agreement may also be
terminated by either party upon thirty ( 30 ) days written notice to
the other party.
-3-
IN WITNESS WHEREOF, the parties hereto have set their hands and
= seals the day and year first above written.
ATTEST:
CITY OF CUPERTINO
v � g _
City Clerk, G' y of Cupertino CW
'I
Mayor, CityVP f Cupertin
Approved as to form and STATE OF CALIFORNIA
procedure: DEPARTMENT OF TRANSPORTATION
By A
Attorney Deput District Director
Department of Transportation Highway Maintenance
City A torney
-4-