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00-044 Superior Paving~~ ~I ,ba9 CUPE~TIN V' / AGREEMENT CITY OF CI,IPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 BY THIS AGREEMENT, made and entered into on the by and between the CITY OF CUPERTINO (Hereinafter referred to <<s CITY) and Name (1) SUPERIOR PAVING _ (2) Address P •0. BOX 32176 City SAN JOSE Zip 95152 Phone (4fTRl 772-8817 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: STREET PRINT COLORED CHOKERS, THREE (3) SITES ON PRICE AVENUE EXHIBITS: The following attached exhibits hereby are made part of this Agreement: "A" PROPOSAL & "B" SITE INFORMATION TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on MARCH 10, 2000 and shall be completed before MARCH 31, 2000 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. DUE TO NEGLIGENCE, ERRORS AND OMMISSIONS Insurance: Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes: This Agreement shall not be assigned or transferred withcut the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME VICKI GUAPO NO. ~US- D D~`( ~~ day of FFRRTTARY , 20 p~_, DEPARTMENT pirRT.Ir WORa:S This Agreement shall become effective upon its execution by I:,ITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: By` -'mac '~%=~--C-,. ~,~~~;~~.~~ -~~r~ Title ~ >~ l ~ S ~ !~ Soc. Sec. # APPRO CITY OF CUPERTIN i,,= -) Elv l~itle TRAFFIC ENGINEER EXPENDITURE DISTRIBUTION DEPARTM E DATF4, ~ ACCOUNT NUMBER AMOUNT CITYCLE DATE od 270-9435-9300 '~n ,x$7,375.00 White: City Clerk Green: Finance Yellow: Contractor Pin Re ei ing Gold: Department ~~ CITY OF C1~f1~TIf~O TO: Superior Paving Attn: David Henderickson P.O. Box 32176 San Jose, CA 95152-2176 FROM: Vicki Guapo Senior Traffic Technician RE: PRICE AVENUE -CHOKERS ~iJR.TF.('T~ DATE: 18 February 2000 FILE: 74,761 10300 Torre Avenl Cupertino, CA 95014-325 Phone: (408) 777-335 Fax: (408) 777-333 E-Mail: vickig@cupertino.o~ I have enclosed an agreement. Please execute this document and return the completed signature set to this offic as soon as possible. When this document is in our possession, we will give notice to proceed and issue purchase order number. In addition, I ain requesting a copy of the insurance documents you provided us on th previous phase of this project. COMMENTS: If you have any questions please give me a call at ~I08.777.3243. PUBLIC WORKS MAR ~ ~ ~~Qi~ CITY ~pF CUPERTINO Vicki Guapo Senior Traffic Technician VG:vg agreement & ins transmit.doc Enclosed DEPARTMEwT OF PUBLIC WORKS ~AT " P.O. BOX 420802, SAN FFIANCISCO, CA 94142-0807 COMPENSATION INSURA'N,CE ~`V N ~ CERTIFICATE OF.WORKERS' ~~OMPENSATION INSURANCE D1~GEE~EB i, 1994 PoucY Nunne~R: 571.~~9: UNIT~~ 10721 .CERTIFICATE EXPIRES: 10,t 01 ~ 04 CITY OP CUPERTINQ 10300 TOlZRE AVE CUPERTINO, CA,9501~~ L This is to certify that we have issued a valid Workers' Compensation insurance. policy in a form approved by the California _ Insurance Commissionerao`the employer Named below for the policy period indicated:: This policy is not subject to cancellation by the Fund excepf upon ten days' advance written notice`to the employer. We will also give you TEN-days' advance notice should his policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the :policies listed' herein. Notwithstanding any requirement,. term; or condition of `any contract or other document with respect to which this certificate of insurance may be issuEld or may pertain; the ,insurance: afforded by ;the policies described herein:is subject to all the terms, exclusions and'.conditions°of such policies. AUTHORIZED REPRESf:NTATIVE PRESIDENT EMPLOYER'S LIA$ILITY L:~.AfIT INCLUDING DEFENSE COSTt $1,00(3,OOg PER .flCCU~.IiLNCE. EMPLOYER " SUPERIOR PAVING Ti'du. _ P.O. BOX.3217i5 SAN JOSE, CA 9S1S2 •~ ACOR,D~, CERTIFICATE C}F LIABILIT'lf INSURANCE o?is9isao' PRODUCER E<IZL CORLEY INSV[tANCE AGENCY 9340 sT> THIS CERTIFICAT IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERT 4V>~NS CREEK BLVD , , 5TE - 1pICATE HOLDER, THIS CER71FICgTE DOES NOT AMEND EKTE SANTA CLARA, CA 95055 , ND OR ALTER THE COVERAGE; gFFORDED BY THE POLICIES ESELOV 4082619101 GO&2613276 INSURERS AFFORDING COVEFavgGE t,NSUREO SUPIrRTOR PAVING, INC. INSURER A: Tr'IR$T BINANCIAL INS. CO, ~~ P.O. BO)( 32176 INSURER B: FZNANCIAli INDEMNITY 787 N. RING RD , INSURER C' - •~ SAN SOSE CA 95152217E IPISURERG: ___ ___ _ _ _ _ INSURER E: THE FOR;CIES OF SNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IIVSVREO NAMED ABOVE fOA THE POLICY PERIOD IN0ICATEb. NOTWITNSTANpJNG ANY REQUIREMENT, TERM OR COND;TI:~N Of ANY CONTRACTOR OTHER OOCUMENTVJITH RESP&CT Tp WHICH THI$ CERTIFICATE MAY BE ISSUED OR b1AY PERTAIN, THE INSVRANCE AFFORDED 8Y THE POLICIES 01=SCRIBED HEREIN IS $UBJEGT TO ALL THE TERMS, EXCIVSION$ AND CONp1710NS Of S1.~CH POUGIES. AOpREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, s GENERAL LIA8IUTY A CObiMERCIALGENERALLIABILITY 6405249 I ~ I CLAIMS MADE ©OCCUR LIMIT APPLIES PER: I AUTOMOBILE LIABILIIY ~~ MIY AVTO I',~, ALLUWtIEDAVTOS B lIpp~~~ SGHEDULEOAUioS ((~pp•~l1 HIRED AUTOS ICI RONA~VNED AUTOS AGE LIABILITY ANY AVTO EXCEdB LIABILITY OCCUR ~ CLAIMS MADE OEOUCTIBLE RETENTION s IVORKER9 CDMPENSATfON AN0 F.MPLOYERS• uABruTY 03/30/1999 03/30/2000 EACH OCCURRENCE ES I , 000 FIRE DAMAGE tAny one fwe S 100 MED $XP (An one rson) S 1 PEP.SONALBADV tkaVRY S 1 , 000 GENERAL AGGREGATE S 2 ; 000 pROpUCTB-COMPlOPAGG S 1.000 i ( COMBWEDSINGLE LIMIT (Es accWent) ~C745994901 09/08/1999 03/08/2000 'BODILY INJURY {Per person) BODIIY iN.tURY (Peracc~derrt) - .'. I 'PROPERTY DAMAGE {Per BrGldenl) AUTD ONLY - EA ACCIDEA '~ OTHER THAN EA A( I AUTO ONLY: . , )ESCRiPT10N OF OPERAYION SlLOCATIONSIVENICLE$fEXCLUSION$ AOOEO 8Y ENDORSEMEWTliPEC1AL PROVISIONS ADDITIONAL INSURED: THE CITY O)R CUPERTINO AND ITS DIR>ZCTOR3, OFFICERS, AGENTS ENCINE)uR9 ANN r1 EMPLOYEES, AND AI,L PUBLIC AGENCIES FII,OM WF20M PERtdZTB WILL BE OBTAINED ANp THEYR DIRECTORS, 01=F'ICERS, );NGINEERS, AG&NTS AND EMPLOYEES. wG~'ERAG~ SUBJECT Tp THE `['ERNS AN.D CAN a s 1,000,000 - -- - ' nw+uurvAL INSUREO• IN6URER LETTER: CANCELLATION TFI$ CITY OS CUPERTINO AND ZTS DIRECTOR$ , SHOULD ANV OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION OFFICERS, ENGINEERS, AGENTS AND EMPLOYEES, PATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 030 A9 DETERMINED $Y THE CITY N011CE TOME CER'nsICATE HOLDER NAMED 70 THE LEFT, BUT fNWRE TO q0 SO SHALL l030o TORRE AVE IMPOaE NO OaLIGATION 0 IABILITY ANY KIND UPON fNG INSURER, ITS AOENT$ OR CUPERTSNO CA 9501x- AEPRESENTATIYl6. !~ ~ ti /1 ®ACORb C ORATION 1888 T4'd ~~•~LZi+T'37 $r3~ 3JNk~cIfISNI 3NC :r Lil]I.113N Wtf 4£: T T Bflt 94~-6?-:33~ PUBLIC WORKS FE ~ 1 0 2[100 SUPERIOR PAVING. INC. Post Office Box 32176 • San Jose, Ci~lifornia 95152-2176 (408) 272-8817 FAX (408) 937-8189 PROPOSAL • Full Service Company Job No. 9324 • Equipment and Products to Surpass any State or Government Specifications Date 2/.9/00 Proposal Submitted To: Work To Be Performed At: Name CITY OF CUPERTINO Name Street 10300 TORRE AVE Street PRICE AVE City CUt'EP.TINO State CA 95014-325~ity CUPERTINO State CA Telephone Number ~ 408) 777- FAX 777-3333 VICK~ GUAPO We hereby propose to furnish all th materials and perform all the latlor necessary for the completion of 335¢ STREET PRINT STREET CHOCKERS AS REQUESTED. $7,375.00 ~~ ~~ •~ All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($ 7 , 3 7 5 .00 ) with payments to be made as follows UPON COMPLETION OE WORK . Please Sign and Return the Wlhite Copy for Acceptance. Any alteration or deviation from above specifications involving extra coasts, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Vlforkmen's Compensation and Public Liability Insurance on above work to be taken out by Superior Paving, Inc. "NOTICE TO OWNER" (Section 7019 -Contractors License Law) Under the Mechanics' Lien Law, any contractor, subcontractor, laborer, materialman or other person who helps to improve your property and is not paid Su erior Pavin Inc. for his labor, services or material, has a right to enforce his claim against your Respectfully submitted ~ 9 r property. n ~ / Under the law, you may protect yourself agalnst such claims by filinu. before 7 I /. _ . ~ _~ ~ ~ •..i ~n / i+A~ _ ~.._ _