09-109 American Asphalt R&R Co, Inc
~~~Lr ~ ' ' F. CONTRACT FOR. PUBLIC WORKS
This CONTRACT made on ~~>fi - ~ > > Z-c"'e'`1 by the CITY OF
CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and
~1~Y +Cc1Y1 .~ ~Yl~~ 1~ ~c +1R. hereinafter called CONTRACTOR.
ec ,~-nc -
IT IS HEREBY AGREED by CITY and CONTRACTOR as follows:
1. THE CONTRACT DOCUMENTS. The complete contract consists of the following
contract documents:
a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion
Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form.
b. Standard Specifications, General Provisions a:~d Special Provisions.
c. Plans and Specifications for 2009 SLURRY SEAL PROGRAM, PROJECT NO. 2009-06
d. Faithful Performance Bond and Payment Bond.
e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance,
Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project,
Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy
Cancellation Endorsement.
f. This Contract for Public Works.
All of the above documents are intended to cooperate so that any work called for in one and not
mentioned in the other, or vice versa, is to be e;cecuted 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 Plana and Specifications shall prevail.
2. THE WORK.. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus,
facilities, labor, transportation and materials necessary to perform and complete in a good and
working order, the work of overlaying City streets, as called for, and in the manner designated in,
and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted
by CITY, which Plans and Specifications are entitled, respectively, 2009 SLURRY SEAL
PROGRAM, PROJECT NO. 2009-06 and which Plans and Specifications are identified by the
signatures of the parties to this Contract. It is understood and agreed that said tools, equipment,
apparatus, facilities, labor, transportation and materials shall be furnished, and that said work
shall be performed and completed as required in said Plans and Specifications under the sole
direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its
representative.
CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr.
Ralph A. Qualls, Jr.
Contract Page 1 of 6
3. CONTRACT PRICE. CITY agrees to pa~~, and CONTRACTOR agrees to accept, in full
payment for the_ work above agreed to lie done, the sum of $ 1n33302.~.41
~ „x Y,vr~ctreci tr~rt-~-~hre~ t~"'dollars a~zd '~=°Y~~ Cents) subject to additions and/or
~'wYVtt >n~
deductions a~ provided in the Contract Documents, per Exhibit A attached hereto.
4. DISPUTES PERTAINING TO PAYMENT' FOR WORK. Should any dispute arise
respecting the true value of the work done, or any work omitted, or any extra work which
CONTRACTOR may be required to do, or respecting the size of any payment to
CONTRACTOR during the performance of this (:ontract, said dispute shall be determined either
by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if
applicable, or in accordance with the agreement of the parties, or in accordance with Section 6,
paragraph "f' of the General Provisions.
5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all
expense for all necessary permits, licenses and easements for the construction of the project, give
all necessary notices, pay all fees required by l~iw, and comply with the laws, ordinances and
regulations relating to the work and to the preservation of the public health and safety.
6. INSPECTION BY THE CITY. CON']'RACTOR shall at all times maintain proper
facilities and provide safe access for inspection b~~ CITY to all parts of the work, and to the shops
wherein the work is in preparation. Where the S~~ecifications require work to be specially tested
or approved, it shall not be tested or covered up without timely notice to CITY of its readiness
for inspection and without the approval thereof or consent thereto by CITY. Should any such
work be covered up without such notice, approv,31, or consent, it must, if required by CITY, be
uncovered for examination at CONTRACTOR'S expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time
during the progress of the work require any alterations, deviations, additions or omissions from
the Plans and Specifications or the Contract Documents, CITY shall have the right to do so, and.
the same shall in no way affect or make void the Contract, but the cost or value thereof will be
added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and
reasonable valuation, which shall be determined. either by reference to the Unit Prices bid, if
applicable, the Standard Specifications, or in accordance with the agreement of the parties. No
extra work shall be performed or change be made except by a written order from CITY, duly
authorized by resolution of the City Council, and. by all agencies whose approval is required by
law, stating that the extra work or change is authorized, and no claim for an addition to the
Contract sum shall be valid unless so ordered.
8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the
right to make changes in this Contract during the: course of construction to bring the completed
improvements into compliance with environmental requirements or standards established by
State and Federal statutes and regulations after the Contract has been awarded or entered into.
CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if
applicable, or in accordance with the agreement o:~ the parties.
9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be
terminated, amended or modified, with the mubaal consent of the parties. The compensation
payable, if any, for such termination, amendment or modification, shall be determined either by
Contract Page 2 of 6
reference to the Unit Price bid, if applicable, the; Standard Specifications, or in accordance with
the agreement of the parties.
10. TIME FOR COMPLETION. All work under this Contract shall be completed in
accordance with the Time for Completion section in the Proposal and the Specifications of this
project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its
employees, or those under it by contract or otherwise, or by changes ordered in the work, or by
strikes, lockouts by others, fire, unusual delay i n transportation, unavoidable casualties or any
causes beyond CONTRACTOR'S control, or try delay authorized by CITY, or by any cause
which CITY shall determine justifies the.delay, then the time of completion shall be extended
accordingly. This paragraph does not exclude the recovery of damages for delay by either party
under other provisions in the Contract Documents.
11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY
a sufficient time in advance of the manufacture, production or testing of materials to be supplied
under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and
testing of same.
12. TERMINATION FOR BREACH OR I>\fSOLVENCY. If CONTRACTOR should be
adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a
receiver should be appointed on account oi' insolvency, or if CONTRACTOR or any
subcontractor should violate any of the provisions of the Contract, CITY may serve written
notice upon CONTRACTOR and CONTRACT'OR'S surety of its intention to terminate the
Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract,
and unless within ten (10) days after serving ~~f such notice, such violation shall cease and
satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration
of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall
immediately serve notice thereof upon CONTRf\CTOR'S surety and CONTRACTOR, and the
surety shall have the right to take over and perform the Contract; provided, however, that, if the
surety within fifteen (15) days after the serving upon it of notice of termination does not give
CITY written notice of its intention to take over and perform the Contract, or does not commence
performance thereof within thirty (30) days from the date of the serving of such notice, CITY
may take over the work and prosecute the sante to completion by contract, or by any other
method it may deem advisable, for the accoun~~ and at the expense of CONTRACTOR, and
CONTRACTOR AND CONTRACTOR'S surety shall be liable to CITY for any excess cost
occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take
possession of, and utilize in completing the work, such materials, appliances, plant and other
property belonging to CONTRACTOR as 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 amounts which CITY may retain under other
provisions of the Specifications until final completion and acceptance of all work covered by the
Contract, CITY may withhold from payment to ('ONTRACTOR such an amount or amounts as
in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors
for labor and services rendered and materials furnished in and about the work.
City may apply such withheld amount or amounts to the payment of such claims in its discretion.
In doing so, CITY shall be deemed the agent of ~~ONTRACTOR, and any payment so made by
Contract Page 3 of 6
CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR,
and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such
payment may be made without prior judicial determination of the claim or claims. With respect
to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR
will be entitled to substitute securities as provided in Section 4590 of the California Government
Code as more fully described in CITY'S Notice to Contractors.
14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under
this Contract shall be in writing, and shall be dated and signed either by the party giving such
notice, or by a duly authorized representative of such party. Any such notice shall not be
effective for any purpose whatsoever unless served in the following manner: (a) if the notice is
given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing
same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF
CUPERTINO; 10300 TORRE AVENUE; C1:JPERTINO, CA 95014; postage prepaid and
certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to
CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the
project, or by depositing same in the United States mails enclosed in a sealed envelope,
addressed to ,postage
prepaid and certified; and (c) if notice is given to CONTRACTOR'S surety or any other person,
either by personal delivery thereof to CONTRAC'TOR'S surety or other person, or by depositing
same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S
surety or person, as the case may be, at the addre:~s of CONTRACTOR'S surety or the address of
the person last communicated by such person to the party giving the notice, postage prepaid and
certified.
15. ASSIGNMENT OF CONTRACT. Neitzer the Contract, nor any part thereof, nor
moneys due or to become due thereunder, shall bt; assigned by CONTRACTOR without the prior
written approval of 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 CITY
agrees in writing to some other material, process or article offered by CONTRACTOR which is
equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove
equality of any such material, process or article offered as a substitution to the one(s) specified.
17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract
Worker's Compensation Insurance and Employer's Liability Insurance for all of
CONTRACTOR'S employees employed at the site of the project. In case any work is sublet,
CONTRACTOR shall require any and all subcontractors similarly to provide Worker's
Compensation and Employer's Liability Insurance for all of the latter's employees unless such
employees are covered by the protection afforded to the CONTRACTOR.
In signing this Contract CONTRACTOR makes she following certification, required by Section
1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for worker's compensation or to undertake
Contract Pane 4 of 6
self insurance in accordance with the provisions of the Labor Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the
protection of persons (including employees) and property. The safety provisions of applicable
laws, building codes and construction codes shall be observed. Machinery, equipment and other
hazards shall be guarded or eliminated in accordance with the safety provisions of the
Construction and Safety Orders issued by the Industrial Accident Commission of the State of
California.
19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall
not be responsible for the cost of repairing or rf;storing damage to the work caused by Acts of
God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item,
obtain the insurance to indemnify CITY for an~~ damage to the work caused by Acts of God.
"Acts of God" shall include only the follo~Ning occurrences or conditions and effects:
earthquakes and tidal waves, when such occurrences or conditions and effects have been
proclaimed a disaster or state of emergency b}' the President of the United States or by the
Governor of the State of California, or were of << magnitude at the site of the work sufficient to
have caused a proclamation of disaster or state of emergency having occurred in a populated area.
Subject to the foregoing, CITY shall not, in an~~ way or manner, be answerable or suffer loss,
damage, expense or liability for any loss or damage that may happen to said building, work, or
equipment or any part thereof, or in, on, or about the same during its construction and before
acceptance.
20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the
first-class quality of all work and of all materials, apparatus and equipment used or installed by
CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this
Contract, unless a lesser quality is expressly auth~~rized in the Plans and Specifications, in which
event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as
performed by CONTRACTOR will conform with the Plans and Specifications or any written
authorized deviations therefrom. In case of any defect in the work, materials, apparatus or
equipment, whether latent or patent, revealed to CITY within one (1) year of the date of
acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such
defects without cost to CITY.
Contract Pa~3e 5 of 6
P.O. Na~~~
21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of
the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The
alternates chosen would be for any sites currently under construction or to be constructed in the
future.
IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and
year first hereinabove written.
CITY OF CUPERTINO:
By: l..C~ l...C C.~-
Ralph A. Qualls, Jr.
Directo~r/of Public works /
Attest: Tt-z'~'S-~c ~4~
City Clerk 1
Date:_~.P f ~ ~ 20 ~ ~
City Clerk
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Notary acknowl~gment is required. If a
corporation, corporate seal and corporate
notary acknowledgment and Federal Tax
LD. are required. If not a corporation a
Social Security No. is required.
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Social Security # Federal Tax I.D. #
APPROVED AS TO FORM:
City Attorney
Contractor's License No. ~?~a- `~1 ~
Project Name & Number: 2009 SLURRY SEAL PROGRAM, PROJECT NO. 2009-06
Contractor's Name & Address:
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Contract Amount: $ ~3~. ~2-~ ~ ~/
Account Number: 270-9450-9300
File No: 98,493.88
9
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'~ ENTERED
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Contract Page 6 of 6
CALIFORNIA ~~LL-PURPOSE
CERTIFICATE OF AI~KNOWLEDGMENT
State of California
County of ,~~ ~rnp ~~~
On ~~ before me,
n
personally appeared ~ ~~~ /
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insert name and title f the offic
AIL
who proved to me on the basis of satisfactory evidence to be the person(~s'~whose name(,s~is/aJ.~subscribed to
the within instrument and acknowledged to me that he/~~' executed the same 111 hisA3er~t13eir authorized
capacity( and that by his/herLtl~eix signature(g'f on t]r<e instrument the persoy~ ,(-s'f, or the entity upon behalf of
which the person(~cted, executed the instrument.
I certify under PENALTY OF PERJURY under the lav~ts of the State of California that the foregoing paragraph
is true and correct.
~., AA~E3Ef~ WlCKARD
WITNESS my,Jia>~id and official seal. ~ ~•~~ CnMN2. # 1767409 Z
,~ ~ Z ' ~ °r NOT~tFfY EiUl31_IC - CALIFORNIA
s ~ ALAflfi_DACOUNTY
(Notary Seal) ~" My Comm. Expires Sept. 13, 2011
Signature o Notary Pub tc
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(~'~~~ Y~c~ ~Y kkl ~ c ~~ ~'rk
(Title or description of attached document)
( itle or descriptio of attached document continued)
Number of Pages ~ Document Date
r`
~k't ~~\ycYtA J~~ 1~`f~`~~
(Ad tional information)
CAPACITY CLAIMED BY THE SIGNER
^ Individual (s)
^ Corporate Officer
(Title)
^ Partner(s)
^ Attorney-in-Fact
^ Trustee(s)
^ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
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properly completed and attached to that document. The only exception is if a
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acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i. e. cert~ing the authorized capacity of the signer). Please check the
d ~cument carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notazi7ation.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they- is /are) or circling the correct forms. Failure to correctly indicate this
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Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area pernits, otherwise complete a different acknowledgment form.
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Additional information is not required but could help to ensure this :l
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
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2008 Version CAPA v12.10.07 800-873-9865 www.NotazyClasses.com
City Hall
10300 Torre Avenue
Cupertino,CA 95014-3255
Telephone: (408)777-3223
CUPERTIIVO FAX: (408)777-3366
OFFICE OF THE CITY CLERK
September 3, 2009
American Asphalt
24200 Clawiter Road
Hayward, CA 94545
BID AWARD — 2009 Slurry Sea! Program
PROJECT NO. 2009-06
This letter confirms that your company's bid for the above-stated project was accepted.
If you have any questions or need additional information, please contact the Public
Works-Department at (408) 777-3354. Your bid bond is enclosed.
Sincerely,
Julia Kinst
City Clerk's Office