04-030 Don & Mike's Sweeping' , ~--~;
F. AGREEMENT
THIS AGREEMENT, made and entere;d into this 1st day of July , 2004, by
and between the CITY OF CUPERTINO, a municipal corporation of State of California,
hereinafter referred to as "CITY", and Don & Mike's Sweeping, a Contractor with
offices at 901 Dell Avenue, Campbell, C'A 95008, hereinafter referred to as
"CONTRACTOR";
WITNESSETH:
WHEREAS, CITY desires to retain the CONTRACTOR for STREET
SWEEPING SERVICES, PROJECT NO. 2004-01; and
WHEREAS, CITY desires to engage ~~ONTRACTOR to provide these services
by reason of its qualifications and experie;nce for performing such services, and
CONTRACTOR has offered to provide the required services on the terms and in the
manner set forth herein;
NOW, THEREFORE, in consideration of their mutual covenants, the parties
hereto agree as follows:
1. DEFINITIONS:
(a) The word "City" as used in thi:~ agreement shall mean and include all the
territory lying within the muni~~ipal boundaries of the city of Cupertino,
California, as presently existing, plus all temtory which may be added
thereto during the term of this a;~eement by annexation or otherwise.
(b) The term "City Manager" shall mean the duly appointed City Manager of
the City of Cupertino, Californi~~, or his designated representative.
2. THE CONTRACT. DOCUMENTS. The complete contract consist of the
following contract documents:
a. Notice to Contractors, Proposal, Time of Completion, Estimated
Quantities, Noncollusion Affidavit, Bidder Qualification Form,
Subcontractors Form and Signal:ure Form.
b. Standard Specifications, General Provisions and Special Provisions.
c. Plans and Specifications for STREET SWEEPING, PROJECT NO.
2004-O1
d. Faithful Performance Bond.
e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary
Insurance, Additional Insured Endorsement, Endorsement of Aggregate
PAGElOF9
Limits of Insurance per Projf;ct, Waiver of Subrogation Endorsement
Worker's Compensation Insurance and Notice of Policy Cancellation
Endorsement.
f. This Agreement.
All of the above documents ai~e intended to cooperate so that any work
called for in one and not mentioned in the other, or vice versa, is to be
executed the same as if mentioned in all of said documents. The
documents comprising the complete contract are sometimes hereinafter
referred to as the Contract Documents. In case of conflict between the
Plans and the Specifications on the one hand, and this Contract on the
other, the Plans and Specifications shall prevail.
2. THE WORK. CONTRACTOR agrees to furnish all of the
tools, equipment, apparatus, fa~~ilities, labor, transportation and materials
necessary to perform and complete in a good and working order, the work
of slurry sealing various strf;ets, as called for, and in the manner
designated in, and in strict conformity with, the Plans and Specifications
prepared by the Engineer anal adopted by CITY, which Plans and
Specifications are entitled, respectively, STREET SWEEPING,
PROJECT NO. 2004-01 ar-d which Plans and Specifications are
identified by the signatures of the parties to this Contract. It is understood
and agreed that said tools, equipment, apparatus, facilities, labor,
transportation and materials shall be furnished, and that said work shall be
performed and completed as required in said Plans and Specifications
under the sole direction of COlTRACTOR, but subject to the inspection
and approval of CITY, or its representative.
CITY hereby designates as its representative for the purpose of this
Contract the Engineer, Mr. Ralph A. Qualls, Jr.
3. PROJECT COORDINATION.
(a) City. The City Engineer shall be a representative of the CITY for all
purposes under this agreement. The Public Works Superintendent hereby
is designated as the PROJECT MANAGER for the City Manager, and he
shall supervise the progress and execution of this agreement.
(b) Contractor. CONTRACTOR shall assign a single PROJECT DIRECTOR
to have overall responsibility for the progress and execution of this
agreement for CONTRACTOR.. Don Vierra hereby is designated as the
PROJECT DIRECTOR FOR CONTRACTOR. Should circumstances or
conditions subsequent to the execution of this agreement require a
substitute PROJECT DIRECTOR designee shall be subject to the prior
written acceptance and approval of the PROJECT MANAGER.
PAGE 2 ()F 9
4. DUTIES OF CONTRACTOR. Services to be furnished in accordance with
EXHIBIT "A" BID PROPOSAL and contract specifications.
(a) Laws to be Observed. CONTR.~CTOR shall:
(1) Procure all permits and license;s, pay all charges and fees, and give all
notices which may be necessary and incident to the due and lawful
prosecution of the services to be- performed by a CONTRACOR under this
agreement;
(2) Keep itself fully informed of all existing and future federal, state, and local
laws, ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this agreement;
(3) At all times observe and comply with, and cause all of its subcontractors
and employees, if any, to observe and comply with, all of said laws,
ordinances, regulations, orders, and decrees mentioned above;
(4) Immediately report to the PROJECT MANAGER in writing any
discrepancy or inconsistency it discovers in said laws, ordinances,
regulations, orders, and decrees mentioned above in relation to any plans,
drawing, specifications, or prov:~sions of this agreement.
5. COMPENSATION. For the per:Pormance of the services described herein
by CONTRACTOR, CITY shall pa:y CONTRACTOR the sum of $ 8,456.40
(Eight Thousand Four Hundred and Fifty Six DOLLARS AND Forty
CENTS) per month, less any deductions for work not performed and or
liquidated damages, payable upon submission by CONTRACTOR of
itemized billings in triplicate; pro~~ided, however, that the total sum payable
to CONTRACTOR shall not exceed $ 101,476.80 (One Hundred and One
Thousand Four Hundred and Seventy Six DOLLARS AND Eighty
CENTS per year. These arr.~ounts are based on $ 12.15 (Twelve
DOLLARS AND Fifteen CENT'S per curb mile for 696 curb miles per
month. Emergency and additional street sweeping shall be at $ 85.00
(Eighty Five DOLLARS and No CENTS) per hour or at $ 12.15 (Twelve
DOLLARS and Fifteen CENTS)per mile.
6. LIQUIDATED DAMAGES. The CONTRACTOR shall diligently prosecute
the work to completion as scl-eduled. The CONTRACTOR further
understands that he shall pay liquidated damages to the City of Cupertino in
the sum of One Thousand Dollars ($1,000.00) for each and every day that
services are not completed on time and/or streets are omitted. Omitted streets
must be swept by the following day.
PAGE 3 OF 9
In case of breakdown by main swee:per, immediate service within one hour by
a second sweeper is required to complete daily schedule. If down for more
than one hour, liquidated damages will be assessed at the rate of One
Hundred Dollars ($100.00) per hour for each hour above and beyond one
hour.
7. TERM. The term of this agreement shall be one (1) year from the date of
execution of this agreement by the parties, hereto, provided, however, the
CITY retains the option to extend the term of the contract on a year-to-year
basis.
Any such renewal shall be accomplished by the City providing a written
notice of renewal to a CONTRACTOR at least 30 days prior to expiration of
the term. Any such renewal shall contain the same provision as the original
contract, provided however, that the parties may agree to an increase or
decrease in compensation paid to the CONTRACTOR.
Any increases or decreases in the previous contract price shall be based on the
Consumer Price Index (CPI). The: CPI shall be the San Francisco/Oakland
Consumer Price Index for all union wage earners. The adjusted (whether
increased or decreased) unit prices :;hall be computed as follows:
Divide the differences between the CPI on the anniversary date of the
agreement and the CPI on the date ~~f the agreement by the CPI on the date of
the agreement and multiply by the unit prices specified in the agreement.
8. TEMPORARY SUSPENSION. 'Che City Manager shall have the authority
to suspend this agreement, wholly or in part, for such period as he deems
necessary due to unfavorable conditions or to the failure on the part of the
CONTRACTOR to perform any provision of this agreement.
9. SUSPENSION; TERMINATION.
(a) Right to Suspend or Terminate- The City may suspend or terminate this
agreement for any reason by giving thirty (30) days written notice.
(b) Payment. Upon such suspension or termination, CONTRACTOR shall be
paid for all services actually rendered to CITY to the date of such
suspension or termination; provided, however, if this agreement is
suspended or terminated for fault of CONTRATOR, CITY shall be
obligated to compensate CONTRACTOR only for that portion of
CONTRACTOR'S services which are of benefit to CITY.
10. INSPECTION. CONTRACTOR shall furnish CITY with every reasonable
opportunity for CITY to ascertain that the services of CONTRACTOR are
being performed in accordance with the requirements and intentions of this
agreement.
PAGE 4 ()F 9
All work done and all materials :furnished, if any, shall be subject to the
PROJECT MANAGER'S inspection and approval. The inspection of such
work shall not relieve the CONTRACTOR of any of its obligations to fulfill
its agreement as prescribed.
11. ASSIGNMENT; EMPLOYEES.
(a) Assi~iment. Both parties shall give their personal attention to the faithful
performance of this agreement and shall not assign, transfer, convey, or
otherwise dispose of this agreement or any right, title, or interest in or to
the same or any part thereof without the prior written consent of the other
party, and then only subject to such terms and conditions as the other party
may require. A consent to onf; assignment shall not be deemed to be a
consent to any subsequent assignment. Any assignment without such
approval shall be void and, at brie option of the other party, shall terminate
this agreement and any license or privilege granted herein. This
agreement and any interest herein shall not be assignable by operation of
law without the prior written co~lsent of the other party.
12. NOTICES. All notices hereunder shall be given in writing and mailed,
postage prepaid, by certified mail, addressed as follows:
TO CITY: Office of the City Clerk
10300 Torre Avenue
Cupertino, CA 95014
TO CONTRACTOR: Attention of the PROJECT
DIRECTOR at the address of
CONTRACTOR recited above.
13. INTEREST OF CONTRACTOR. CONTRACTOR covenants that it
presently has no interest, and shall not acquire any interest, direct, or indirect,
financial or otherwise, which would conflict in any manner or degree with the
performance of the services hereunder. CONTRACTOR further convenants
that, in the performance of this agr~;ement, no subcontractor or person having
such an interest shall be employed. CONTRACTOR certifies that no one who
has or will have any financial interest under this agreement is an officer or
employee of CITY. It is expressly agreed that, in the performance of the
services hereunder, CONTRACTOR shall at all times be deemed and
independent contractor and not an agent or employee or CITY.
14. INDEMNITY. CONTRACTOR hereby agrees to indemnify and save
harmless CITY, its officers, agents, and employees of and from:
(a) Any and all claims and demands which may be made against CITY, its
officers, agents, or employees try reason of any injury to or death of any
PAGE 5 C)F 9
person or damage suffered or sustained by any person or corporation
caused by, or alleged to have- been caused by, any act or omission,
negligent or otherwise, of CONTRACTOR or any subcontractor under this
agreement or of CONTRACTOR'S or any subcontractor's employees or
agents;
(b) Any and all damage to or destncction of the property of CITY, its officers,
agents, or employees occupied or used by or in the care custody, or control
of CONTRACTOR, or in proximity to the site of the CONTRACTOR'S
work, caused by any act or omission, negligent or otherwise, of
CONTRACTOR or any subcontractor under this agreement or of
CONTRACTOR'S or any subcontractor's employees or agents.
(c) Any and all claims and demand:; which maybe made against CITY, its
officers, agents, or employees b:y reason of any injury to or death of or
damage suffered or sustained by any employee or agent of
CONTRACTOR or any subcontractor under this agreement, however
caused, excepting, however, any such claims and demands which are the
results of the sole negligence or willful misconduct of CITY, its officers,
agents, or employees;
(d) Any and all claims and demands which may be made against CITY, its
officers, agents, or employees by reason of any infringement or alleged
infringement of any patent ri€;hts or claims caused by the use of the
apparatus, appliance, or materia s furnished by the CONTRACTOR or any
subcontractor under this agreement; and
(e) Any and all penalties imposed or damages sought on account of the
violation of any law or regulation or of any term or condition of any
permit.
CONTRACTOR, at its own cost, expense, and risk, shall defend any and all
suits, actions, or other legal proceedings that may be brought or instituted by
third persons against CITY, its officers, agents, or employees on any of the
above claims or demands of such third person, or to enforce any of the above
penalties, and pay and satisfy any judgement or decree that may be rendered
against CITY, its officers, agents, or employees in any such suit, action, or
other legal proceedings.
15. WORKERS' COMPENSATION. CONTRACTOR certifies that it is aware of the
provisions of the Labor Code of the St:~te of California which require every employer
to be insured against liability .for v~~orkers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and it certifies that it will
comply with such provisions before commencing the performance of the work of this
agreement.
PAGE 6 OF 9
16. INSURANCE. CONTRACTOR , a~: its sole cost and expense, shall obtain and
maintain in full force and effect throughout the entire term of is agreement the
insurance coverage in amounts specified and having a Best's Guide Rating of "A",
Class VII or better or that is otherwise acceptable to the City. Insuring not only
CONTRACTOR, but also (with the: exception of workers' compensation and
employer's liability insurance), CITY, its officers, agents and employees, and each of
them with respect to activities and sen~ices performed by CONTRACTOR for or on
behalf of CITY under the provisions o:F this agreement.
Certificates of such insurance, on the forms provided by CITY, shall be filed
with CITY concurrently with the execution of this agreement or, with CITY'S
approval, within ten (10) days thereafter. Said certificates shall be subject to
the approval of the City Attorney and shall contain an endorsement stating
that said insurance is primary coverage and will not be cancelled or altered by
the insurer except after filing with the City Clerk thirty (30) days' written
notice of such cancellation or alteration, and that the City of Cupertino is
named as an additional insured. Current certificates of such insurance shall be
kept on file at all times during the term of this agreement with a City Clerk.
17. CONTRACT SECURITY. The CONTRACTOR shall furnish a surety bond
in an amount equal to four (4) months of the contract price as security for the
faithful performance of this Contract.
18. AGREEMENT BINDING. The terms, covenant, and conditions of this
agreement shall apply to, and shill bind the heirs, successors, executors,
administrators, assigns, and subcontractors and both parties.
19. WAIVERS. The waiver by either party of any breach or violation of any
term, covenant, or condition of this agreement or any provision, ordinance, or
law shall not be deemed to be a waiver of any other term, covenant, condition,
ordinance, or law or of any subsequent breach or violation of the same or of
any other term, covenant, condition, ordinance, or law.
The subsequent acceptance by either party of any fee or other money which
may become due hereunder shall not be deemed to be a waiver of any
preceding breach or violation by the other party of any term, covenant, or
condition of this agreement or of an;y applicable law or ordinance.
20. COSTS AND ATTORNEYS FETES. The prevailing party in any action
brought to enforce the terms of this agreement or arising out of this agreement
may recover its reasonable costs acid attorneys' fees expended in connection
with such an action from the other party.
21. WAGE RATES. Contractor is required to pay prevailing wage rates on this
project. Copies of the general prevailing rates of per diem wages for each
craft, classification, or type of worker needed to execute the Contract, as
determined by Director of the State of California Department of Industrial
PAGE 7 GF 9
Relations, are deemed included in the Contract Documents and on file at
City's office, and shall be made a~~ailable to any interested party on request.
Pursuant to Section 1861 of the Labor Code, Contractor represents that it is
aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accord~~nce with the provisions of that Code, and
Contractor shall comply with such provisions before commencing the
performance of the Work of the Co~:~tract Documents.
22. AGREEMENT CONTAINS ALI~ UNDERSTANDINGS. This document
represents the entire and inte;;rated agreement between CITY and
CONTRACTOR and supersedes ,all prior negotiations, representations, or
agreements, either written or oral. This document may be amended only by
written instrument, signed by both (~I'I'Y and CONTRACTOR. All provisions
of this agreement are expressly made conditions. This agreement shall be
governed by the laws of the State oil California.
PAGE 8 OF 9
IN WITNESS WHEREOF, the patties have executed this Agreement, in duplicate, the
day and year first hereinabove written.
CITY OF CUPERTINO
By:
Mayor
Attest:
City Clerk
CONTR~~CTOR:
i~ON R m r~F ~ c CLIFF ~ TNT
909 t7ELL ~iV~ CAl7/~B~LL CR 95008
By~~-~ ~~~~~
Notary acknowledgement is required. If a
corporation, corporate seal and corporate
Notary acknowledgement and Federal Tax
I.D. axe required. If not a corporation a
Social Security No. is required.
~- a.~<ry ~ ~z
77-(J7 3R1O3
Soc. Security # Federal Tax I.D
Contract:or's License No. rc / ~
Date: a 7 , 2004
City Jerk
APPROVED FO /J
`~/~~/
City Attorney
Project Name & Number: STREET SWEEPING, PROJECT NO. 2004-01
Contractor's Name and Address: Don & Mike's Sweeping
901 Dell Avenue,
Campbell, CA 95008
Contract Amount: $ 8,456.40 per month; $101,47~i.80 per year
Account Number: 230-8004-7014
File Number: 50,206.03
COMM. il~~
~w'~'rrt~ ~~ oasrtv
0~. E~Iws M• ~0.100~
PAGE 9 OF 9 STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
e~ ~asralaFn AND SWORN TO BEFORE ~
INSURANCE FORMS INSTRUCTIONS
FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO
MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED.
ALL DOCUMENTS MUST BE ORIGINALS -SUBMIT IN TRIPLICATE
1. Insurance Agreement - Must be signed by Contr~~ctor.
2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance
agent or must provide a certificate on the company's form. They must contain the same
information.
3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation -must be
signed by the insurance agent for general liability and automobile liability only.
4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of
insurance per project - must be signed by the insura~ice agent for general liability only.
5. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the
insurance agent for worker's compensation only.
Insurance Instructions
rF~1
CITY OF
CUPEI~TINO INSURANCE AGREEMENT
A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires
every employer to be insured against liability fir worker's compensation or undertake self-
insurance in accordance with the provisions of that Code, and will comply with such provisions
before commencing the performance of the work of .his Contract.
B. Contractor and all subcontractors will carry worker's compensation insurance for the
protection of its employees during the progress of the work. The insurer shall waive its rights of
subrogation against the City, the City's officers, agents and employees and shall issue an
endorsement to the policy evidencing same.
C. Contractor shall carry at all times, on all operations hereunder, commercial general liability
insurance, automobile liability insurance and build~;r's all risk insurance. All insurance coverage
shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a
form prescribed by the City and shall be underwritten by insurance companies satisfactory to the
City for all operations, sub-contract work, contractual obligations, product or completed operations,
all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor,
excepting worker's compensation coverage, shall name the City, its engineer, and each of its
directors, officers, agents and employees, as determined by the City, as additional insureds on said
policies. Insurers must be licensed to do business in. the State of California. The Insurers must also
have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the
current Best's Guide Rating or that is otherwise acceptable to the City.
D. Before Contractor performs any work at, or prepares or delivers materials to, the site of
construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance
coverages and such certificates shall provide the name and policy number of each carrier and policy
and that the insurance is in force and will not be canceled or modified without thirty (30) days
written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in
force until the work under this Contract is fully completed. The requirement for carrying the
foregoing insurance shall not derogate from the ~~rovisions for indemnification of the -City by
Contractor under this Contract and for the duration of the warranty period. Notwithstanding not
diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in
full force and effect during the life of this Contract, the following insurance in amounts not less than
the amounts specified and having a Best's GuidE; Rating of A, Class VII or better or that is
otherwise acceptable to the City.
LIMITS
Worker's Compensation In accordance with the Worker's Compensation
~~ & Employers' Liability Act of t:he State of California -Worker's comp -
"statutory" per CA Law; Employers' Liability -
$1,000,000 per occurrence.
Insurance Agreement Page 1 of 2
May 10 04 g4t37p
CERTIFICATE 0'F INSURANCE
This certifies that ^ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
^ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario
^ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida
^ STATE FARM LLOYDS, Dallas, Texas
insures the following policyholder for the coverages indicated below:
Policyholder
Address of policyholder
Location of operations
Description of operations
p.7
AON & MIKE'S SWEEPING INC.
901 DELL AVE
~~1 ~.~l+st CA 95008 _
The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is
subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by anv nairi riaima
POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD
EI'feetive Date ;Expiration Dane LIMITS OF LIABILITY
(at beginning of policy period)
97-58-5$03.1 Comprehensive o9/l0/03 09/10/04 BODILY INJURYANO
Business Liability PROPERTY DAMAGE
This insurance includes: ®Products -Completed Operations
® Contractual Liability
® Underground Hazard Coverage Each Occurrence $ ~, ooo, ooo
®Personal Injury
® Advertising Injury General Aggregate S z, o 0 0, o c e
^ Explosion Hazard Coverage
^ Collapse Hazard Coverage Products -Completed $ z
ooo
ooo
®MEDICAL EXPENSE: 5000 ,
,
Operations Aggregate
EXCESS LIABILITY POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE
Effective Date ~ Ex "ration Date
Pt
(Combined Single Limit)
97-EK-8071-8 ®UmbreBa 09/10/03 09/10/04 Each Occurrence $ i
ooo
000
^ Other ,
,
Aggregate
$1,000,000
Part 1 STATUTORY
Part 2 BODILY INJURY
97-wP-9061-B Worker5'Compensation 12/i3/03 12/13/04
and Employers Liability Each Accident $ 1, e o o, o 0 0
Disease -Each lnmployee $ 1 , 0 00 , 0 00
Disease -Policy Limit $ 1
aoo
ooo
,
,
POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD
Effective Date ;Expiration Date LIMITS OF LIABILITY
(at beginning of policy period)
THE CERTIFICATE OF INS URANCE Is Na7 a cnNra ecr nr num to.~urc A\IA \ICITIJ CA .Bll. ~... ~...~. ....__ ..__ . _._ ___ _ _
.I.~r~.~r-rlKmnllvc~T rvIJK NtIaAIIVt=L7
AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
d any of the described policies are canceled before
its expiration date, State Farm will try to malt a written
notice to the certificate holder 3 o days before
Name and Address of Certificate Holder cancellation. If however, we fail to mail such notice,
CITY OF CUPERTINO no obligation or liability will be imposed on State
103 0 o TORRE AVE Farm or its agents or representatives.
CUPERT3N0, CA. 95014 ~ ~~~;~ ~! .L~ ~ t ~ {, LJ
lSign-atu~re,~oflAuthorized RepreJSCen~tative l l/
AGENT C4/~2/04
Title Date _
Agent's Corte Sfamp
,~ FER~3 05-2326
AFO Code ~ $IL,~COt~ VALLEY F154
558-B~J4 a.4 t1-12-2002 Printed in U.S.A.
May 10 04 04:38p- __y _ __. ....,, .,,..io rauaa ~~n~a..
p. it
I®002
SM Policy No_ 97-Se-5503-1 2325 ~~
STATE FARM CfENSRAL I1~TSURANCE COMPANY. BLOOMINGTON, ILLINOIS
BLANK ENDt~RSEMENT
This endvrsernent eKedive 5 -1 t? - 0 ~ the etfective hour being the same as that designated In
the policy to which this endorsement is attached, forms a pard of Pol'~y No. v~-se-sso3-1 ;s~~ ~
DOIQ & MIIB• S SWEEPING TNC
Loan No_
_ YOUR POLICY IS CNANGEO AS FOLLOWS:
1 Insured's Name 5 Location
2 tnsured's Address 6 Construction
3 Effective Oate 7 Mortgagee or lienholders Name
4 Expiration Date 8 Mcrfigagee or Lierthotder's Address
9 tatter (Specify)
frAIVBR or S4T8xOt;ATION
IT IS AGREED TEAT W$ itAZVS A>9'Y RICiI~T OF RECOVERY TO WKSCB 14S AtlE EATTZTLED
BY VIRTUE OF QARACELA9H 10 OF SBCTiON I A1010 SBCTYON xZ CO~IOM CONDITIQKS
AGAINST: CITY OF 4'IIBERTIA70
1030 TORAE AVE
CU'P~TxNQ CA 95014
ALL OT3iER SRAVSSION5 4F THE ?OLICY ApPI:Y.
E1~7 OF MANUSCxIPT Is'iYDORSF.KENT
i~v ~,nn~vc rn rrc~nmum:
CHANGE iN PREMIUM- ^ INCREJiSQ ^ DECREASE
ENDORSEMENT PREMIUM: g
CA Surcharge
FULL TERM PREMIUM FOR ENDORSEMENT: S
'Minimum pr+entium applies.
~-ta~s.~
(~ ~~
The ldlouMng Forth Numbers are attached to and form a
part of your policy.
The foIiowing Forth Numbers are voided and no longer
forth a part of your policy.
Agent
PrkNrA M U.SA
May 10 04 04:37p p,9
. _... _..• -~..+ am rv~ uoo OVVV ~1'KCt YAK!! (;VJIlrL.
~d vva
SM POCICy NO. 97-SB-5503-1
fE•7315.1
p2rool
STATE FARM GiE>S'S>tzAZ, ID~sTTRANCE COMPANY BLOOai1;ILt'QTON, ILLINOIS
BIANIK ENI~ORSEIMEN7
Tomes endorsement effective 5 - ~ t) - l) 4 the effective hour being the same as that designaf,ed in
pDlicy to which this endorsement is altar,Red, fro-' r ''a p;;tt of Policy No. 9~-sa-55o3-2 ;~~ m
DON & PQIRE' S SWEfiPIIdG INC
Loan No.
YOUR POUCY 15 CHANGES AS FOLLOWS'
1 insured's Name 5 location
2 tnsured's Address 6 construction
3 Effective Date
4 Expiration Date 7 Mortgagee or t_ienholder's Name
8 Mortgagee or t_ienholders Address
9 Other (Specify)
Name of person or organization: CITY OP CC-p8RTx3~t0
I03II 7.'OR&E; AVE
CtrP13RTINp CA 95p14
.DRIMA&Y AND NON-COr1TRI8t7TORY
'I'hic endorsement is made a part of the policy shown above, subject: to all other
tezme aa'd conditions. The i.neurance alf£or3ed to the Additional insured as
set forth in the PE-6324 endozaement shall be primazy insurance, but only with
respect to claims made or suits brought fear damages for wh9,ck1 our Named Insured
is provided coverage, and which arise out of our Named Zu~vured•s ongoing
opexatioae, Any insurance raxzxed by the ;additional Insured sha11 be
non-contributory as respects to coverage ~ifforded for our Named Insured_
All other provisions of the policy apply,
Rnd of ManuscrS.pt ~dorsement
Nu ctiANGE IN PREMIUM:
CHANGE IN PREMIUM: Cl INCREASE D DECREASE:
The folbwing Form Numbers are attached to and form a
part of yore p~cj-_
ENbORSENlENT PREMIUM: ~
FUU_ TERM PREMIUM FOR ENDORSEMENT: ,$
"Minimum premium applies.
FE 7313.7
f1~~
The following Form Numbers are voided and no longer
form a part of your policy.
Pmded ~ U.SJI
Agent
May it 04 09:33a p.2
~~
PEND CODES - 78-OTHER 04/03/09
DRIVERS-VIERRA, pONALD;VIERRA~ JAMES;SOULIA~ HAROLD 13:14:24
`• POLICY MASTER RECORD «" AM0419D1
D38 2411 K X-DATE 1109 EFF 10-04•-03 TO 10-04-04 OXD IO-04-1993
C'O MUTL RISK VUL FLT NONFLT STATUS O1M-P1,In ON SFPp DATE TERM
DON & MACES SWEEPING INC PREM CANC DT
901 BELL AVE AMT DUE ELZG SO/50
CAMPBELL CA 95008-4120 DUE DATE REIp APP D,l,
EXT DVE DT ON TIME DT
SFPp NO MC~0410~9002 AUTO REIN
SA 167 CLASS 50400000 MU~LTIYOUTH NO A 500/1000/500
CNTY 043 HIRT}L 99-99-99 2IP C 5000
CITY 000 YOUTH AGENT PEROS, JOAN t; 01000
RMC DDN TYPE 1 CODE 2326 PHONE 408-847-6650 G1000
KIND ? FOAM 9805A AFO AFp SObTH SILICON vA1,LE U 100/300
BASIC 0 EFF' OT 09-24-03 CODE 154 TEAM R PH REQ NO U1
YR 197 MAKE M08IL MODEL
'~7IN 801355 BODY SWEEPER pRI:Dg
MFR 9 pP1 IRG-AGE 00?-5
NEXT:
ENDORSBMEIVTS- ~ SYPASS
`* 6028AU~51 ++ ! +~ 6028AU-51
STD REF- ADDITIONAL INSURED 30 DAYS I STD IzEF- ADDITIONAL INSURED 30 DAYS
CITY OF CUPERTINO I
10300 TORRE AV$ ~ GRa~NIT£. CONSTRUCTION COMPANY
GUPERTINO CA 95019 ! 120 GRANITE ROCK WAY
LIEN CODE i SA2T JOSE CA 95136
MULTIPLE O1 1 LIf:N CODE MULTIPLE 02
"` MFG RETAIL PRICE-OQ ** I *" TRANSFER HISTORY-65 **
23000.p0 I 3616205-OSF
** INS PHONE/OTHER LINES-7q ** !
PHONE NUt9BER 406-866-2092 I "` DIVIDEND-31 **
LOCATION HUSIN£SS I DP..TE AMT STAINS
I IO-04-98 151.50 CIC AT REN BILL - R
1 20-04-00 122.40 CK AT REN SILL = R
!
I
I
MORE PNR DATA -- PRESS F9.
Z00® OJ11Y 'I1010O 1MY3 3LY1,S fTT6 89S LOL YY.3 Of ~fT NOA f0/SO/i60
Msy 11 0~4 O9:33a p.3
13"~/~
6O2BAU ADDYTi1~NAL YNSURED
(Prior ~Totft:e of Teimiatttioa)
This aidorsement is a port ofyexr policy. Except far the cbattP,es it makes, all other terms of the
policy recoain the same and apply to this enddrsetnesst. h is eflrtctivm at the sarrtt time as yowr policy
unless a differcat effoCtive date is sptci6od by us is writing.
it is agretd that LIABfLI'1'Y - COVEkAGE A ofyoxr policy is extended to tbt parry Wanted
on the declarations (rttgc as an Additional lnstarod. The Additional Insured is sub1'ca to the
provisions of t1ro paltry granting coverage to an iars~ed other than yoa.1'he Additiotaa! Insured:
1. has the same right of rmcavery under this lroliey as befar~c;
2. is not liable for arty premium or other expense tutder this policy
3. is not a member of the State Farm Mutual Aurtornobile Insurance Company of Bloomington,
Illinois.
This policy will tioc bo changed or termiaated m to the interest of the AdditiopsI Insur+cd unless we
give such insured aotice. The number of days' notice we will slue is tat wtless another number is
shown on the declarations page.
Page 1 cif 1 tit)28AU
COAL O,Ltly '11Y1Qa~ )Blvd ~v1.S fTTi itpS LOL Xvd Or~Ci 1108 60/SO/60
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 machiner<i, tools, apparatus, and other means of
construction and to do all the work specified in the contract in the manner and time specified.
I, the undersigned, declaze 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 bici bond in the amount of $ ~ p , ~ 4 7. 6 8 , as
required by law and the Notice to Bidders. (10% of laid amount)
Bid Proposal Page 3 of 8
EXHIBIT A
NONCOLLUSION AFFIDAVIT' TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
I, the undersigned, being first duly sworn, depose and say that I am
i~i~FSI~~N7 of i~ON & l7IK~' S SGI~~~'ING
(Business Title) (Business Name)
the party making the foregoing bid, that-the bid is noi: made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation. The bid is
genuine and not collusive or sham. The bidder has riot directly br indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that
anyone shall refrain from bidding. The bidder ha;. 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 a;ainst the public body awarding the contract
of anyone interested in the proposed contract. All statements contained in the bid are true and,
further, the bidder has not, directly or .indirectly, submitted the bid price or any breakdown
thereof, or contents thereof, or divulged information ~~r-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 colb.~sive or sham bid.
Bid Proposal Page 4 of 8
EXHIBIT A
BIDDER QUALIFII~ATION FORM
In further compliance with the specifications furnished, I, the undersigned, submit the following
statements as to my experience and qualifications to perform this work as a part of this proposal.
We have been in business under the present name i or Z p years.
Our experience in work comparable with that required by the proposal contract is
years operating under the following different name(s).
My California Contractor's License Number is N~7N~
The classification of my Contractor's License is
The expiration date for my Contractor's License is
* (This Section for City use only)
* The above information has been verified by
on
* Contractors State License Board (800) 321-:?752 or (408) 277-1244.
Where federal funds are involved, no bid submitted shall be invalidated by the failure of the
bidder to be licensed in accordance with the laws of the State of California, however, at the time
the contract is awarded the contractor shall be properly licensed.
Bid Proposal Page 5 of 8
,.. ~ ~~ ~1
SUBCONTRACTOR'S FORM / /
The subcontractor(s), as defined in the General Previsions and in Section 7026 of the California
Business and Professions Code, that I propose to Hire to perform any of the work for this project
in an amount in excess of one-half of one percent (0.5%) of the total bid are listed below. Only
those listed below shall perform work on this project and each of them has been provided with a
full and complete set of plans and specifications for this project by the bidder.
1. Name Contractor's License No.
Address & phone no.
Work to be Performed
2. Name
Contractor's License No.
Address & phone no.
Work to be performed
3. Name
Contractor's License No.
Address & phone no.
Work to be performed
4. Name
Contractor's License No.
Address & phone no.
Work to be performed
5. Name
Address & phone no.
Work to be performed
6. Name
Contractor's License No.
Contractor's License No.
Address & phone no.
Work to be performed
Bid Proposal Page 7 of 8
' IGNA.TURE FORM ~~'~ "
BIDDERS S
IF YOU ARE AN INDNIDUAL, SO STATE. IF YOU ARE A COMPANY OR A CO-
PARTNERSHIP, STATE THE COMPANY NAME AND LIST THE NAMES OF ALL
INDIVIDUAL CO-PARTNERS COMPOSING THE COMPANY. IF YOU ARE A
CORPORATION, STATE THE LEGAL NAME OF THE CORPORATION AND THE NAMES
OF THE PRESIDENT, SECRETARY-TREASUF:.ER, AND MANAGER. THE CORPORATE
SEAL MUST BE AFFIXED TO THIS FORM. ENTER THE NAME OF YOUR BUSINESS
ON THE LINE OPPOSITE THE APPROPRIATE BUSINESS TYPE.
TYPE OF NAME OF
BUSINESS sT~?FF7 SGJFFpINr _BUSINESS [SON & l7IK~S' SGI~CPINy
CORPORATION:1~r~~r ,e ~ rlrf c' c .cldFfa rti~
/~2e~s~.de2t [702 V.i.e22¢, Sec2e~¢2y 7.zea~sr~2e2 a.~m Ve22a, (7¢n.age~ [Ion V.~e22a
CO-PARTNERSHIP:
INDIVIDUAL:
JOINT VENTURE:
OTHER:
(Desc:ribe)
Name and Signature of Bidder: SON VI ~i2i2~4 ~ ~~ ' G! '
(Print: or type name)
Date: 3 -ZZ-
Address (mailing & location): 9 0 9 c~~LL ~ V ~:NLL~
CAI~~ BALL, Cti 95008
Telephone Number: (4 U 8) 8 6 6- z U 7 2
Acknowledgment of all addenda received is required by circling each addendum number.
~;? ` 2i~ 3 4 5 6 7 8 9 10
Bid Proposal Page 8 of 8