88-023 Oliver De Silva, Inc., Annual Overlay, Project 88-115 •
}
Citti of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
June 8, 1988
•
Oliver De Silva, Inc.
P. 0. Box 4437
Hayward, CA 94540
CONTRACT FOR PUBLIC WORK - ANNUAL OVERLAY, PROJECT 88-115
We are enclosing to you for your files one (1) copy of the Contract
for Public Work between the City of Cupertino and Oliver De Silva,
Inc. , which has been fully executed by City Officials.
Award of contract was at the regular City Council meeting of May 16,
1988.
Enclosed please find your bid bond.
Sincerely,
DOROTHY
CITY CLERK
CITY OF CUPERTINO
DC/so
•
encl.
cc: Department of Public Works
Certified'Copt- - '1 - SEABOARD SURETYCOMPANY AAA 6 4 3 3
Nr. 10112 - r7 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York,has
made, constituted and appointed and by these presents does make, constitute and appoint W.F. Ames, Jr. or J.M. -Albada
`or John R.:-.Lamberson or Sheila O'Connor or Rich Wassail or Terry J. Moughan or Cynthia L. Lewis
or -Jack M..-Woodruff, Jr. or Carol Ganapol or John W. -Davis or John M. Goodloe or John E. Koster
or Richard K
of San Francisco,- California
-. Hoffman or Michael McGowan - - -
itstrue and lawful Attorney-in-Fact,to make,execute and deliver on its behalf insurance policies,surety bonds,undertakings and
other instruments of similar nature as-follows: Without Limitations - -
-
Such insurance policies, surety-bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact,shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority
hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE VII,SECTION 1:
"Policies,bonds,recognizances,stipulations,consents of surety,underwriting undertakings and Instruments relating thereto.
Insurance policies,bonds,recognizances,stipulations,consents of surety and underwriting undertakings of the Company,and releases,agreements and other
writings relating in any way thereto or to any claim or lass thereunder,shall be signed In the name and on behalf of the Company
(a) by the Chairman of the Board,the President,a Vice-President or a Resident Vice-President and by the Secretary,an Assistant Secretary,a Resident
Secretary or a Resident Assistant Secretary;or(b) by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board,the
President or a Vice-President to make such signature;or(c)by such other officers or representatives as the Board may from time to time determine.
The seal of the Company shall if appropriate be affixed thereto by any such officer,Attorney-in-Fact or representative." - I
IN WITNESS. WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice-
Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this 20th
day of April . , 19 88
s- s*rrrtoAttest:
ui:,;
SEAR DSU ETY C PANY,
si/ i/75ocret/J A U By
.4sss m ecretary 6
STATE OF NEW JERSEY esident
COUNTY OF SOMERSET ss.:
On this 2.0.th day of kpzii.h 19...88...., before me personally appeared
Michael...B......K.e.eg.an a Vice-President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of New Jersey
that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing
instrument;that he knows the corpora'e sea:of hr'aid Thmpny, atthec_-._.fixedtosaidinstrumentissuchcorporateseal;
that it was_so affixed by order of the Board of Directors of said Company;and that he signed his name thereto as Vice-President of
said Compaly by like authority. _ •
FELICE M. CATALANO /,
;Seal) NOTARY POOLIC OF NEW IER EY �- -
Nly Commission Exp. June 4,.11.;91.. - C, F A T 1 e r r w r r Notary PubTiu`
I,the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is `
full,true and correct copy,is in full force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Power of
utornay was one of the Officers authorized by the Board Of Directors to appoint an attorney-in-fact as provided in Article VII,Section 1,of the By-Laws of
EABOARD SURETY COMPANY.
This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of
iirectors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970.
"RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any
certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII,Section 1,of the By-Laws
appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other
instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is
authorized and approved."
V WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this
P°5*rrre1.0th day of May 19 88
S
1927 'Z
\orx[w't°e , •• Aunt secret•
957 iR:
- SEABOARD SURETY COMPANY
HOME OFFICE: NEW YORK. N. Y.
PROPOSAL BOND
'Emu all en hg throe tirenrnin:
THAT WE, Oliver de Silva, Inc.
as principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State
of New York, having its principal place of business in the City of New York, New York, as
surety, are held and firmly bound unto City of Cupertino
as obligee,in the sum of Ten percent of total amount bid (10%)
DOLLARS, lawful money of the United States of America, for the payment of which, well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
SIGNED, sealed and dated this 10th day of May 19 88 ,
WHEREAS, the said principal is herewith submitting its proposal for
Annual Overlay Project
Project # 88-115
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal
shall be awarded the contract upon said proposal and shall within the required number of days
' after the notice of such award enter into a contract and give bond for the faithful performance of
the contract, then this obligation shall be null and void; otherwise the principal and surety will pay
unto the obligee the difference in money between the amount of the bid of the said principal and
the amount for which the obligee may legally contract with another party to perform the said work
if the latter amount be in excess of the former; but in no event shall the surety's liability exceed
the penal sum hereof.
Oliver de Silva, Inc.
—�^— Principal
BY
SEABOARD S ETY COMPANY
I _
136 ohn W. Atorney-in-Fact----------
Form Davi
SEABOARD SURETY COMPANY
HOME OFFICE: NEW YORK, N. Y.
PROPOSAL BOND
iunm all Mtn bg tlFrar 39rrn nts:
THAT WE, Oliver de Silva, Inc.
as principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State
of New York, having its principal place of business in the City of New York, New York, as
surety, are held and firmly bound unto City of Cupertino
as obligee,in the sum of Ten percent of total amount bid (10%)
DOLLARS, lawful money of the United States of America, for the payment of which, well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
SIGNED, sealed and dated this 10th day of May 19 88 . •
WHEREAS, the said principal is herewith submitting its proposal for
Annual Overlay Project
Project # 88-115
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal
shall be awarded the contract upon aaid_nrnnnaml ..a et•..,, —.,_,-. . - - -- -
State of California, ) SS.
City and County of San Francisco )
On this loth day of
May in the year 1988 before me,
C2Nn Public personally appeared John W. Davis
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to this instrumenta:
acknowledge to me that
Seaboard Surety Company
• he (she) subscribed the name of Seaboard Surety Company
thereto as Surety, and his (her) own name as Attorney In Fact.
CMCIAL SEAL
Y t '_!ti A 2t' i e n
__ i.I..,„.....:e<_ .t:as _ 1:..:..iNotary Public
i
Foy 136 Qohn W. 4tt
orney-in-Fac
•
I _
CONTRACT FOR PUBLIC WORKS
CONTRACT made on i �J /%rot by the CITY OF
CUPERTINO, a municipal corporation of the State of California,
hereinafter called the CITY, and OLIVER DE SILVA, INC.
,hereinafter called the CONTRACTOR.
• IT IS HEREBY AGREED by the parties as follows :
1 . THE CONTRACT DOCUMENTS. The complete contract consists of the
following contract documents :
A. Plans and Specifications for ANNUAL OVERLAY, PROJECT 88-115
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 ANNUAL OVERLAY, PROJECT 88-115
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,
Page 1
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and which Plans and Specifications are identified by the signatures
of the parties to this Contract. It is understood and agreed that
said tools, equipment, apparatus, facilities, labor,
transportation, and material shall be furnished, and that said work
shall be performed and completed as required in said Plans and
Specifications under the sole direction of the Contractor, but
subject to th'e 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 : $273,306.00
TWO HUNDRED SEVENTY-THREE THOUSAND THREE HUNDRED SIX. .., AND 00/100 DOLLARS
subject to additions and deductions as provided in the Contract
Documents, per Exhibit "A" attached hereto.
4 . DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute
arise respecting the true value of the work done, or any work
omitted, or of any extra work which the Contractor may be required
to do, or respecting the size of any payment to the Contractor
during the performance of this Contract, said dispute shall be
determined either by reference to the unit of prices, if
applicable, or in accordance with the agreement of prices, if
applicable, or in accordance with the agreement of the parties, or
in accordance with the rules of the American Arbitration
Association if the parties are unable to agree.
5. PERMITS, COMPLIANCE WITH LAW. The Contractor shall, at his
expense, obtain all necessary permits and licenses, easements,
efc. , for the construction of the project, give all necessary
notices, pay all fees required by law, and comply with all laws,
ordinances, rules and regulations relating to the work and to the
preservation of the public health and safety. •
6 . INSPECTION BY THE CITY . The Contractor shall at all times
maintain proper facilities and provide safe access for inspection
by the City to all parts of the work, and to the shops wherein the
work is in preparation. Where the Specifications require work to '
be specially tested or approved, it shall not be tested or covered
up without timely notice to the City of its readiness for
inspection and without the approval thereof or consent thereto by
the latter. Should any such work be covered up without such
notice, approval, or consent, it must, if required by the City, be
uncovered for examination at the Contractor' s expense.
7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should the City at any
time during the progress of the work require any alterations,
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Page 2
deviations, additions or omissions from the Specification or plans
or the Contract Documents, it shall have the right to do so, and
the same shall in no way affect or make void the contract, but the
cost or value thereof will be added to, or deducted from, the
amount of the contract price, as the case may be, by a fair and
reasonable valuation, which valuation shall be determined either by
reference to the unit prices , if applicable, or in accordance with
the agreement of the parties, or in accordance with the rules of
the American Arbitration Association if the parties are unable to
agree. No extra work shall be performed or change be made except
by a written order from the City, duly authorized by resolution of
its governing body, and by all agencies whose approval is required
by law, stating that the extra work or change is authorized, and no
claim for an addition to the contract sum shall be valid unless so
ordered.
8 . CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. The City shall
have the right to make changes in this Contract during the course
of construction to bring the completed improvements into compliance
with environmental requirements or standards established by State
and Federal statutes and regulations after the Contract has been
awarded or entered into. The Contractor shall be paid for by such
changes either by reference to the unit prices, if applicable, or
in accordance with the agreement of the parties, or in accordance
with the rules of the American Arbitration Association if the
parties are unable to agree.
9 . TERMINATION, AMENDMENTS OR MODIFICATIONS. This Contract _may
be terminated, amended or modified, with the mutual consent of the
parties . The compensation payable, if any, for such termination, .
amendment or modifications, shall be determined either by reference
to the unit price, if applicable, or in accordance with the
agreement of the parties, or •in accordance with the rules of the
American Arbitration Association if the parties are unable to
agree.
10 . TIME FOR COMPLETION. All work under this Contract shall be
completed: WITHIN TWENTY-FIVE (25) WORKING DAYS AFTER NOTICE TO PROCEED •
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 •OF MATERIALS . . The Contractor shall
notify the City a sufficient time in advance of the manufacture or
production of materials to be supplied by him under this Contract,
in order that the City may arrange for mill or factory inspection
and testing of the same, if the City requests such notice from the
Contractor.
12. TERMINATION FOR BREACH, ETC. if the Contractor should be
adjudged a bankrupt, or if he should make a general assignment for
the benefit of his creditors, or if a receiver should be appointed
on account of his insolvency, or if he or any of his subcontractors
should violate any of the provisions of the Contract, the City may
serve- written notice upon him and his surety of its intention to
terminate the Contract, such notice to contain the reasons for such
intention to terminate the Contract, and unless within ten days
after serving of such notice, such violation shall cease and
satisfactory arrangements for corrections thereof be made, the
Contract shall, upon the expiration of said ten days, cease and
terminate. In the event of any such termination, the City shall
immediately serve written notice thereof upon the surety and the
Contractor, and the surety shall have the right to take over and
perform the Contract; provided, however, that, if the surety within
fifteen days after the serving upon it of notice of termination
does not give the City written notice of its intention to take over
and perform the Contract, or does not commence performance thereof
within thirty days from the date of the serving of such notice, the
City may take over the work and prosecute the same to completion by
contract, or by any other method it may deem advisable, for the
account and at the expense of the Contractor, and the Contractor
and his surety shall be liable to the City for any excess cost
occasioned by the City thereby, and in such event the City may,
without liability for so doing, take possession of, and utilize in
completing the work,, such materials, appliances, plant and other
property belonging to the Contractor as may be on the site of the
work and necessary therefor.
13 . THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF. In addition to the amount which the City may
retain under Paragraph 21 of this Contract until the final
completion and acceptance of all work covered by the Contract, the
City may withhold from payment to the Contractor such an amount or
amounts as in its judgment may be necessary to pay just claims
against the Contractor or any subcontractors for labor and services
rendered and materials furnished in and about the work. The City
may apply such withheld amount or amounts to the payment of such
claims in its discretion. In so doing, the City shall be deemed
the agent of the Contractor, and any payment so made by the City
shall be considered as a payment made under the Contract by the
City to the Contractor, and the City shall not be liable to the
Contractor for any such payment made in good faith. Such payment
may be made without prior judicial determination of the claim or
claims. With respect to any retention of payment by the City to
ensure performance of the Contract, Contractor will be entitled to
substitute securities 'as provided in Section 4590 of the California
Government Code as more fully described in the City' s Notice to
Contractors. -
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14 . NOTICE• AND SERVICE THEREOF. Any notice from one party to
the other under this Contract shall be in writing, and shall be
dated and signed either by the party giving such notice, or by a
duly authorized representative of such party. Any such notice
shall not be effective for any purpose whatsoever unless served in
the following manner: (a) if the notice is given to the City
either by personal delivery thereof to the City Manager of the
City, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to the City, postage
prepaid and certified; (b) if the notice is given to the
Contractor, either by personal delivery thereof to the Contractor,
or to his duly authorized representative at the site of the
project, or by depositing the same in the United States mails,
enclosed in a sealed envelope, addressed to said Contractor at:
P.O. BOX 4437
HAYWARD, CA 94540
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
tie - City agrees in writing to some other material, process or
article offered by Contractor which is equal in all respects to the
one specified.
17. CONTRACT SECURITY. The Contractor shall furnish a surety
bond in an amount at least equal to one hundred percent (100%) of
the contract price as security for the faithful performance of this
Contract. The Contractor shall also furnish a separate surety bond
in an amount at least equal to one hundred percent (100%) of the'
contract price as security for the payment of all persons for
furnishing materials, provisions, provender, or other supplies,
used in, upon, for or about the performance of the work contracted
to be done, or for performing any work or labor thereon of any
kind, and for the payment of amounts due under the Unemployment
Insurance Code with respect to such work or labor in connection
with this Contract, and for the payment of a reasonable attorney's
fee to be fixed by the court in case suit is brought upon the bond.
Page 5 -
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18 . INSURANCE. The Contractor shall not commence work under
this Contract until he has obtained all insurance required by the
City, nor shall the Contractor allow any subcontractor to commence
work on his subcontract, until all similar insurance required of the
subcontractor has been so obtained and approved. The Contractor
shall furnish the City with satisfactory proof of the carriage of
insurance required, and there shall be a specific contractual
liability endorsement extending the Contractor's coverage to
include the contractual liability assumed by the Contractor
pursuant to this Contract and particularly Paragraph 19 hereof.
Any policy of insurance required of the Contractor under this
Contract shall also contain an endorsement providing that thirty •
(30) days' notice must be given in writing to the City of any
pending change in the limits of liability or of any cancellation or
modification of the policy.
(a) WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY
INSURANCE. The Contractor shall take ut and maintain during the
life of this Contract Worker's Compensation Insurance and
Employer's Liability Insurance for all of his employees employed
at the site of the project and,in case any work i3 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
$300,000.00 for injuries, including accidental death, to any, one
person, and subject to the same limit for each person, in an
amount not less than $500,000.00 on account of one accident, and
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Property Damage Liability Insurance in an amount not less than
$25+0,000 .00 . The City and its officers and employees, shall be
named as additional insureds on any such policies of insurance,
which shall also contain a provision that the insurance afforded
thereby to the City, its officers and employees, shall be primary
insurance to the full limits of liability of the policy and that
if the City, or its officers and employees, have other insurance
against a loss covered by such policy, such other insurance shall
be excess insurance only.
19 . HOLD HARMLESS . The Contractor will save, keep, and hold
harmless the City and all officers, employees, and •agents thereof
from all damages, costs, or expenses, in law or in equity, that may
at any _time arise or be set up because of personal injury or damage
to property sustained by any person or persons by reason of, or in
the course of the performance of said work, or by reason of any
infringement or alleged infringement of the patent rights of any
person or persons, firm or corporation in consequence of the use
in, on, or about said work, of any article or material supplied or
installed under this Contract. Notwithstanding the above, the
Contractor shall wherever it is necessary keep and maintain at his
sole cost and expense during the course of his operations under
this Contract such warnings, signs, and barriers as may be required
to protect the public. The provisions of the preceding sentence
shall not impose any liability upon the City and are for the
express benefit of the general public.
20 . 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 any
subcontractor or subcontractors under this Contract, upon the work
or upon any part of the work contemplated by this Contract, shall
be- required or permitted to work thereon more than eight hours
during any one calendar day and forty hours during any one calendar
week, except, as provided by Section 1815 of the Labor Code of the
State of California, 'work performed by employees of contractors in
•
excess of eight hours per day and forty hours during any one week •
shall be permitted upon public work upon compensation for all hours
worked in excess of eight hours per day at not less than one and
one-half times the basic rate of pay. it is further expressly
stipulated that for each and every violation of Sections 1811-1815,
inclusive, of the Labor Code of the State of California, all the
provisions whereof are deemed to be incorporated herein, the
Contractor shall
for- eachas a laborer, worker, orto e mechanic employediin
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.
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Page 7
The Contractor, and each subcontractor, shall keep an accdrate
record showing the names of and actual hours worked each calendar
y and each
nics
dmployed by chimnain connectionlwithothesworkr ontemplatedmbyechathis
Contract, which record . shall be open at all reasonable hours to the
inspection of the City of its officers or agents and to the
Division of Labor Law Enforcement of the Department of Industrial
Relations of the State of California.
21. WAGE RATES. Pursuant to the Labor Code of the State of
California, or local law thereto applicable, the City has
ascertained the general prevailing rate of per diem wages and rates
for holidays and overtime in the locality in which this work is to
be performed, for each craft, classification, or type of laborer,
workman, or mechanic needed to execute this Contract. The
prevailing wages so determined are set forth in the Specifications
and made a part hereof . Neither the notice inviting bids nor this
Contract shall constitute a representation of fact as to the
prevailing wage rates upon which the Contractor or any
subcontractor under him may base any claim against the City.
1776. (a) Each Contractor and subcontractor shall keep an
accurate payroll record, showing the name, address, social security
number, work classification, straight time and overtime hours
worked each day and week, and the actual per diem wages paid to
each journeyman, apprentice, worker, or other employee employed by.
him or her connection with the public work.
(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.
(2) A certified copy of all payroll records enumerated in •
subdivision (a) shall be made available for inspection or
furnished upon •tequest 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 thebody awarding the contract, the Division of
Apptenticeship Standards, or the Division of Labor Standards
Enforcement. The public shall not be given access to such
tecoids at the principal office of the Contractor.
(c) Each Contractor
shall
certified
records
enumerated insubdivision (a) with the entity that - requested such
records within ten (10 ) days after receipt of a written request.
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(d) Any copy of records. made available for inspection as copies
and furnished upon request to the public or any public agency by
the awarding bids, the Division of Apprenticeship Standards or the
Division of Labor Standards Enforcement shall be marked or
obliterated in such ' a manner as to prevent disclosure of an
individual's name, address and social security number. The name
and address of the Contractor awarded the contract or performing
the contract shall not be marked or obliterated.
(e) The Contractor shall inform the body awarding the contract of
the location of the records enumerated under subdivision (a) ,
including the street address, city and county and shall, within
five working days, provide a notice of a change of location and
address-.
(f) In the event of noncompliance with the requirements of this
section, the Contractor shall have ten (10 ) days in which to comply
subsequent to receipt of written notice specifyingin what respects
such Contractor must - comply with this section. Should
noncompliance still be evident after such ten (10) day period, the
Contractor shall, • as a penalty to the state of political
subdivision on whose behalf the contract is made or awarded,
forfeit twenty-five dollars ($25.00) for each calendar day or
portion thereof, for each worker, until strict compliance is
effectuated. Upon the request of the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement, such
penalties shall be withheld from progress payments then due.
(g) The body awarding the contract shall cause to be inserted in
the contract stipulations to effectuate this section. Such
stipulations shall fix the responsibility for compliance with this
section on the prime •contractor.
'(h) The director shall adopt rules consistent with the California
Public Records Act, (Ch; 3 .5 (commencing with Section 6250) of Div.
7; Title 1. Gov. Ch. ) and the Information Practices Act of 1977,
(Title 1.8 (commencing with Sec. 1798) Pt. 4, Div. 3, Civ. C. )
governing the release of such records, including the establishment
of reasonable fees to be charged for reproducing copies of records
required by this section. (Added by Stats. 1978, Ch. 1249) .
1775.5 Nothing in this chapter shall prevent the employment of
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properly registered apprentices upon public work.
Every such apprentice shall be paid the standard wage paid to
apprentices under the regulations of the craft or trade at which he
is employed, and shall be employed only at the work of the craft or
trade to which he is registered.
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Only apprentices, as defined in Section 3077, who are in training
under apprenticeship standards and written apprentice agreements
under Chapter 4 (commencing with Section 3070) , Division 3, of the
Labor Code, are eligible to be employed on public works. The
employment and training.. of each apprentice shall be in accordance
with the provisions of the apprenticeship standards and apprentice
agreements under which he is training.
When the Contractor to whom the contract is awarded by the state
or any political subdivision, or any subcontractor under him, in
performing any of. the work under the contract or subcontract,
employs workmen in any. apprenticeable craft or trade, the
Contractor and subcontractor shall apply to the joint
apprenticeship committee administering the apprenticeship standards
of the craft or trade in the area of the site or the public work
for a certificate approving the Contractor or subcontractor under
the apprenticeship standards for the employment and training of
apprenticeships in the area or industry affected; provided,
however, that the approval as established by the joint
apprenticeship committee or committees shall be subject to the
approval of the Administrator of Apprenticeship. The joint
apprenticeship or committees, subsequent to approving the subject
contractor or subcontractor, shall arrange for the dispatch of
apprentices to the Contractor or subcontractor in order to comply
with this section. There shall be an affirmative duty upon the
joint apprenticeship committee or committees administering the
apprenticeship standards of the craft or trade in the area of the
site of the public work to ensure equal employment and affirmative •
action in apprenticeship for women and minorities. Contractors or
subcontractors shall not be required to submit individual
applications for approval to local joint apprenticeship committees
provided they are already covered by the local apprenticeship
standards. The ratio of apprentices to journeymen who shall be
employed in the craft or trade on the public work may be the ratio
stipulated in the apprenticeship standards under which the joint
apprenticeship committee operates but in no case shall the ratio be
less than one apprentice for each five journeymen, except as
otherwise provided in this section.
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The Contractor or subcontractor, if he is covered by this
section, upon the issuance of the approval certificate, or if he
has been previously approved in such craft or trade, shall employ
the number of apprentices or the ratio of apprentices to journeymen'
stipulated in the apprenticeship standards. Upon proper showing by.
the Contractor that he employs apprentices in such craft or trade
in the state on all of this contract on an annual average of not
less than one apprentice to each five journeymen, the Division of
• Apprenticeship Standards may grant a certificate exempting the
Contractor for the 1-to-5 ratio as set forth in this section. This
section Shall not apply to contracts of general contractors
involving less than thirty thousand ($30,000 .00 ) or twenty ( 20)
working days or to contracts of specialty contractors not bidding
for work through a general or prime contractor, involving less than
two thousand dollars ($2,000 .00) or fewer than five (5) working
days. ,
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"Apprenticeable craft or trade, " as used in this section, shall
mean a craft or trade determined as an apprenticeable occupation in
accordance with rules and regulations prescribed by the
have
Apprenticeship
ethediscreti nnl
to the tograntTha e jcertificate, which oint pshallibeesubject
contractor rfrom the oval of tl-to-5iratioaset forthppinntthishsectionmwhengita
finds that any one of the following conditions are met:
(a) In the event unemployment for the previous three month period
in such area exceeds an average of 15 percent, or
• (b) In the event the number of apprentices in training in such
area exceeds a ratio of 1-to-5, or
(c) If there is a showing that the apprenticeable craft or trade
is replacing at least one-thirtieth of its journeymen annually
through apprenticeship training, either (1) on a statewide basis,
or (2) on a local basis .
(d) If assignment of an apprentice to any work performed under a
public works contract would create a condition which would
jeopardize his life or the life, safety, or property of fellow
employees of the public at large if the specific task to which the
apprentice
When such
represents contractors nin arspecific e etrade from thea 1d to an i tot ratiohion
a local or statewide basis the member contractors will not be
required to submit individual applications for approval to local
joint apprenticeship committees, provided they are already covered
by the local apprenticeship standards.
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A contractor to whom the contract is awarded, or any
subcontractor under him, who, in performing any of the work, under
the .contract, employs journeymen or apprentices in any
apprenticeable craft or trade and who is not contributing to a
innany.rsuch dcraft •ors
administer
trade inand
theconduct
of the apprenticeship
pprogram ic
wdite
ork, to which fund or funds. other contractors in the area ob
ic e f the
fund orffunds pinleachwcraftarorctradebiniwhichhhelemploysbjou to the
or apprentices on the public work in the same amount uponurneymen
same basis and in the same manner as the other contractors do, but
where the trust fund administrators • are unable to accept such
funds, contractors not signatory to the trust agreement shall pay a
like amount to the California Apprenticeship Council. The
contractor or subcontractor may add the amount of such
contributions in computing his bid for the contract. The Division
of L'abot Standards Enforcement is authorized to enforce the payment
of. SdeW dontributions to the fund or funds as set forth in Section
227. •
Page 11
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' The body awarding the contract shall cause to be inserted in the
contract stipulations to effectuate this section. Such
stipulations shall fix the responsibility of compliance with this
section for .all apprenticeable occupations with the prime
contractor.
All decisions of the joint apprenticeship committeeunderthis
section are subject to the provisions of Section 3081. (Amended by
Stats. 1976, Ch. 1179)
1777.6 It shall be unlawful for an employer of a labor union to
refuse to accept otherwise qualified employees as registered
apprentices on any public works, on the ground of the race,
religious creed, color, national origin, ancestry, sex, or age,
except as provided in Section 3077, of such employee. (Amended by
Stat. 1976, Ch. 1179)
1777.7 (a) In the event a contractor willfully fails to comply
with the provisions of Section 1777.5, such contractor shall:
(1) Be denied the right to bid on any public works contract for a
period of one year from the date the determination of
noncompliance is made by the Administrator of Apprenticeship) and
(2) Forfeit as a civil penalty in the sum of fifty dollars
($50 .00) for each calendar day of noncompliance. NothWithstanding
the provisions of Section 1727, upon receipt of such a
determination the awarding body shall withhold from contract
progress payments then due or to become due such sum.
(b) Any ' such determination shall be issued after a full
investigation, a fair and impartial hearing, and reasonable .notice
thereof in accordance with reasonable rules and procedures
prescribed by the California Apprenticeship Council.
_ (c) Any funds withheld by the awarding body pursuant to this
Section shall be deposited in the general fund if the awarding body
is a state entity, or in the equivalent fund of an awarding body if
such awarding body is an entity other than the state. -
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The interpretation and enforcement of Sections 1777.5 and 1777.7
shall be ' in accordance with the rules and procedures of the
California Apprenticeship Council. (Amended by State. 1978, Ch.
1249)
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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 ,
. . dollar! ($25.00) for each calendar day, or portion thereof, for
Stich laboterk workman, or mechanic paid less than the stipulated
;'1.13toVililing fates for any work done under this Contract by him or by
~'cany'subcontractor tinder work done under this Contract by him or by
any subcontractor under him; and Contractor agrees to comply with
all provisions of Section 1775 of the Labor Code.
Page 12
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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. TheCity will make partial payment to the Contractor on the
basis of a duly certified approval estimate of the work performed
and materials incorporated in the project, during the preceding
calendar month, by the Contractor, but the City will retain ten
percent (10%) of the amount of each of said estimates until the
expiration of thirty-five (35) days from the date of recording by
the City of notice of acceptance of completion of all work covered
by this Contract, if- such notice be recorded within ten days after •
the acceptance of completion of such Contract as evidenced by
resolution of its governing body ; or, if such notice be not so
recorded within ten days, until the expiration of ninety-five ( 95)
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
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Page 13 - •
thereof, the writing aforesaid, within ten (10) days after the
times aforesaid, and after written demand has been made upon him
for the same, the Contractor may file demand with the City, and, in
event said certificates are not furnished within ten (10) days
thereafter, the same shall become due and payable.
In case the City's representative delivers the writing aforesaid,
in lieu of the certificates, then a compliance by the Contractor
with the requirements of said writing shall entitle the Contractor
to the certificates.
The payment of progress payments by the City shall not be
construed as an absolute acceptance of the work done up to the time
of such payments, but the entire work is to be subjected to the
inspection and approval of the City, and subject to whatever
inspection and approval may be required by law.
24 . PROTECTION OF PUBLIC UTILITIES. The City shall :.be
responsible as between the parties to this Contract only, for the
removal, relocation, or protection of existing public utilities, if
any, located on the site of construction, but only if such public
utilities are not identified by the City in the Plans and
Specifications made a part of the invitation for bide. The City
shall compensate the Contractor for costs incurred in relocating or
repairing damage to utility facilities not indicated in the Plans
and Specifications, other than service laterals when the presence
of such utilities on the construction site can be inferred from the
presence of such visible facilities as buildings, and meters and
junction boxes on, or adjacent to, the construction site. The
Contractor shall not be assessed liquidated damages for delay in
completion of the Contract project, as provided in Paragraph 27
below, when such delay is caused by the failure of the City, or
other public utility, to provide for the removal or relocation of
the existing utility facilities. If the Contractor while
performing the Contract discovers utility facilities not identified
by the City in the Contract Plans and Specifications, the service
laterals as hereinabove described, he shall immediately notify the
City in writing.
25. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. The Contractor
shall not be responsible for the cost of repairing or restoring
damage to the work caused by an Act of God. NEVERTHELESS, the
Contractor shall, if the insurance premium is a separate bid item, '
obtain the insurance to indemnify the City for any damage to the
work caused by an Act of God. "Acts of God" shall include only the
following occurrences or conditions and effects: earthquakes and
tidal waves, when such occurrences or conditions and effects have
been proclaimed a disaster or state of emergency by the Governor of
the State of California or by the President of the United States,
or were of a magnitude at the site of the work sufficient to have
caused a proclamation of disaster or state of emergency having.
occurred in a populated area. Subject to the foregokng, the City
shall not, , in any way or manner, be answerable or suffer loss,
damage, expense or liability for any loss or damage that may happen
to said building, work, or equipment or any part thereof, or in,
Page 14
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on, or about the same during its construction and before '
acceptance.
26. CONTRACTOR'S GUARANTEE. The Contractor unqualifiedly
guarantees the first-class quality of all workmanship and of all
materials, apparatus, and equipment used or installed by him or by
any subcontractor of supplier in the project which is the subject
of this Contract, unless a lesser quality is expressly authorized
in the Plans and Specifications, in which event the Contractor
unqualifiedly guarantees such lesser quality; and that the work as
performed by the Contractor will conform with the Plans and
Specifications or any written authorized deviations therefrom. In
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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 $150.00
ONE HUNDRED FIFTY AND 00/100 DOLLARS
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 damage; and the amount of
liquidated damages may be deducted by the City from moneys due the
Contractor hereunder, or his assigns and successors at the time of
completion, and his sureties shall be liable to the City any
excess.
"28. • ADDITIONAL PROVISIONS.
None
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Page 15
CORPORATE ACKNOWLEDGMENT
NO.200
lI!!:-wl-/./J_-t!^..1///J!I!_!/!lI/JlWIJJlr///_/JJ-lll..c/!I_l
11
C State of ( "/ ` - 1 •S. Is the 4 y of 19ori ,before me, 1`
S County of // ski }
AI . _ .411z-.1 _J4. /
o
0 j
th u dorsi.• d Notary Public, personall�yappearrede
\ L•Illl IR1"IIIII1nn111/111111111111111111111illllllllr. perso y know.' to me
/ `,, JULIE ANN STRAIN / satisfactory_ _ prove• o me on �y basis of satisfacto evidence 1
'm -.,: ' Notary public•CelIfornia 3 tot• th- •'-(SCn(s.I*' o executed the within instrument as \
^- . �: S tn!a Clara County C - a
\ "Y"-^m,arc*
���.i`�- or on behalf of the corporation therein
\ ,1111111111,1,11117111111111111111tllllllCct.111 IB�/F named,and acknowledged to me that the corporation executed it. S
\ / \
WITNES hand and official seal.
S
'Saf 'ft, t1/41\
i'" Notary's" ature
)
7120 122 uannum r"nov ecenner�nu eemnve.•...on.n on fl...rene w....wi.._...,,,...-.
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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
• Mayor: 1-1 - 40104,
City Attorney City Clerk: :2&t_eci5;k<eefie,;,
Date/City Clerk: ,•
•
CONTRACTOR: Cava !bs ata, INC.
P.O. BOX 4437
ffAAYWAARD, CA 94540
By: 11
Notary acknowledgment required, duiA pg auei
;If a corporation, corporate seal EXEC. VICE PRESIDENT
and corporate notary
1 . acknowledgment required. •
Project. Name and Number:. ANNUAL OVERLAY, PROJECT 88-115
Contractors Name: OLIVER DE SILVA, INC.; P.O. BOX 4437; HAYWARD, CA 94540
Contract Amount: $273,3016.00
TWO HUNDRED SEVENTY-THREE THOUSAND THREE HUNDRED SIX AND 00/100 DOLLARS
COnlsaEt. Account Number:. 110-993-718
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Page 16
EXHIBIT A
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BID PROPOSAL De Silva
ANNUAL OVERLAY •
PROJECT 88-115
TO: THE DIRECTOR OF PUBLIC WORKS , CITY OF CUPERTINO, STATE OF CALIFORNIA
Dear Sir:
In compliance with the Plans and Specifications for the work of
the Annual Overlay project in the City of Cupertino, Project 88-115
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 include all costs including, but not
limited to, local state and federal taxes , and transportation costs .
I, the undersigned, also understand that the quanitiies 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 work 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
Annual Overlay project 88-115 as described in the Special Provisions .
In the eventof 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 25 - working days . I further understand
that I shall pay to the City of Cupertino the sum of one hundred
fifty dollars per day, for each and every working day' s delay beyond
the times established in this proposal for each and every portion of
the completion process described in the time for completion portion
of this proposal.
1 . Within two ( 2) hours after each site has been paved I shall be
reponsible for accurately locating and, placing temporary traffic
striping ( cat tracking or dribble) bid item No. 13 . If I fail to
perform this portion of. the -job on :the - same day as paving I shall
pay the City of -Cupertino the sum of one hundred fifty dollars per
day, for that day plus the sum of one hundred fifty dollars ( $150 . 00 )
for each and every day the temporary striping remains uncompleted.
PROPOSAL PAGE 1 OF 8
2 . I , shall be responsible for installing permanent traffic striping,
raised pavement markers , raised traffic bars and pavement legends ,
Bid item No. 8 , 14 & 15 , five ( 5 ) days following the paving of each
site, should I fail to perform this portion of the job on the
fith day, I shall pay the City of Cupertino the sum of one hundred
fifty dollars ( $150 . 00 ) per day for that day plus the sum of one
hundred fifty dollars ( 150 . 00 ) for each and every day the permanent
traffic striping, raised pavement markers , raised traffic bars
and pavement legends , remains uncompleted.
PROPOSAL PAGE 2 OF 8
.. .
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- •- . ..—
•
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 ocher means of construction and do all the work specified in the
contract in the manner and time 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 heretois the required certified check or bid bond in the amount of
5 a 1107. ck Btd h.Mount , as required by law and the Notice
(10% of bid amount)
to Bidders.
0°4 . LET
EXEC.VICE PRESIDENT
•
•
•
•
•
lJ
n Ei !g Silva, INC. PROPOSAL PAGE 5 OF 8
P.O. BOX 4437
HAYWARD, CA 94540
•
•
A. BID DOCUMENTS, Continued
BIDDER QUA?IFICATION 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. 14-114-6.) , State of California,
Classification CI.Z A
(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
Pi eo_sL cho_d
Lanr&c orS S{-n :Loner)t- o f= 7: 9J.YIei/?C2 '�
•
•
PROPOSAL PAGE 6 OF 8
aims 1be csiltra, INC.
P.O. BOX 4437
HAYWARD, CA 94540
o• Oliver de Silva, Inc. E A Corporation
Name ❑ A Co-partnership
(Name Must Correspond With Contractor's License In Every Detail)
❑ An Individual
Principal Office 22991 Clawiter Rd., Hayward, CA 9454Q ❑ Combination
(Street and P.O. Baa) (City) (State) (ZIP Code)
The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to
interrogatories hereinafter made
1. Are you licensed as a Contractor to do business in California?__YQA___License No. —1411.40 Type C12A
Classification (Type) of Specialty Contractor: ExcavatinA,_gradina and _paving
2. How many years has your organization been in business as a contractor under your present business name?
Thirty-four _years 634 �ts,l
3. How many years experience in Excavating, grading, paving construction work has your organization had:
(TYPO
(a) As a general contractor? _— 34 years —____(b) As a subcontractor? 34 years
4. Show the projects your organization has completed during the last three years in the following tabulation:
To assure maximum consideration for your prequalification rating,be specific as to the nature of the work your firm actually performed.
YEAR TYPE OF WORK VALUE OF WORK LOCATION OF WORK FOR WHOM PERFORMED
COMPLETED PERFORMED
1987 Total Contracts for yr 1001129,008 (Including- the follcwing)
Fairfield Bus. Park Ing. 3,147,797 Fairfield Kaiser
------------ ------------ -- — —
___ Decoto Rd. Widening____ 219992591 -__—Fremont City of Fremont
_—_-- Ardenwood Tech Pk Grading2,697,035 Fremont Kaiser
Somerville Rd Ind Pk 215902523 Antioch U.S. Steel
___—____, Vallej Fair Shoo Ctr_Dm_pvts 2,504,_349—_San Jose Nuhahn
i9.8b-_____ total_G.Qntr_a_stfgxyr 104,245,000 (Including the following) _—_—_-
-________Dumbarton West Impv_ts 11,813300 Dumbarton Bridge W CalTrans
Santa Rita Rd. Const. 6,388,740 ___Pleasanton _—_.—Prudential Ins. Co._
Route 85187 Imo_v_ts. 4,514,650 — San Jose , CalTrans
Route 84117 Impvts_ 4, 125,810 Newark CalTrans __ —____,_0Jsa_cove _ _—_-3,991,450 _ Vallejo City of Vallejo
1485__—Trawl_Contras .s__fnz_yL_195,83..IxQ49___11D.Qinding_she_esa>1cidag
Bollinger Canyon Imps 31_710,098 San Ramon CalTrans
— — ---------
E. Approach Dumb_Br. 3,2391512 Fremont _ CalTrans
Foothill Reservoir__— 215441664Pleasanton _Prudential Ins. Co._
Abel Business Park Imp_ 1,597,496 Milpitas Callahan-Pentz
—, East Amador Sewer 1,5611046_ Pleasanton Prudential Ins. Co._ )
Northoointe lit Lot6Stx - 1,467,383 San Jose •
------------------- -----
_j954____, Total Contracts for yr 83,150,000 (Including the follcwinzZ_ —_—
Hacienda Bus Pk Onsite 22,644,000 Pleasanton Prudential Ins. Co.
----------- ---- ----- --------- - -------------------
_ Marsh Rd. Impvts. _— 12,274,975 Menlo Park, CA CalTrans
Hopyard Rd. Impvts. 8,114,413 Pleasanton, CA Prudential Ins_Co.
Davis St. Overpass — 4,261 ,000 Salinas, CA City of Salinas
------------
•Except as provided in Section 10164 of the Public Contract Code,a contractor prequilified through the submission of•Statement of Experience and Financial
Condition who wishes to bid on projects handled by the State of California must be licensed under the California"Contracton•License Law".The licensing
must correspond with the prequalitiotion as to type of organization;i.e.,a contractor licensed as a corporation must be prequalified as a corporation,a con-
tractor licensed as a copartnership must be prequalified as a copartnenhip,etc Where the prequalification is in the name of and based on a combination of
such organizations,then the combination must be licensed as such and any bids based on such prequalification must be in the name of the combination so pre-
qualified.The license,or licenses,held by a contractor must authorize the type of work on which he requests permission to bid.Corporations not incorporated
In the State of California must take the neeetnry steps to permit doing business in the state.
PLEASE INCLUDE THREE COPIES OF ANY ATTACHMENTS TO THIS PAGE
[2]
SID DOCUMENTS , Continued
Name of Proposed Sub—contractors, if any
(Section 4104, Government Code)
1. c CO •
2. an ZPT1‹. C_sb
3.
4.
5.
6.
Address if Shop or Office of Sub—contractors
(Section 4104, Government Code)
1. 'eci—G.Tr‘e,,c.\„
2. Se .sr\
3.
•
4.
5.
6.
Work to be Performed by Sub—contractors .
(Section 4104, Government Code)
1. 43-0Zae-SYNC0
2. pç (n9zri\O'llit
3.
4.
5.
6.
PROPOSAL PAGE 77 OF 8
(orlon cSidva, INC.
P.O. BOX 4437
HAYWARD, CA 94540
•.. •:
A. BID DOCUMENTS, Continued
IF YOU ARE AN INDIVIDUAL, SO STATE. IF YOU ARE A FIRM OR CO-PARTNERSHIP, STATE
THE FIRM NAME AND LIST THE NAMES OF ALL INDIVIDUAL CO-PARTNERS COMPOSING THE
FIRM. IF A COPORATION, STATE LEGAL NAME OF CORPORATION, ALSO, NAMES OF PRESIDENT,
SECRETARY-TREASURER AND MANAGER. THE CORPORATE SEAL MUST BE AFFIXED.
TYPE OF BUSINESS: Individual:
1 Co-Partnership
C�.c:rd P. Gil::: Yrti=_idcn.t ••L Corporation i�liver dt1 vc Inc.
Dsc.l n. aitch( X.Lc. V. P. Joint Venture
ranY. !. I-no_= £.e'n or V.P.
Other
c
l�',=c•_1 '.f.� _;•ZC� Irias. (Describe)
Name and Signature of
Bidder•
LES
EXEC. VICE PRESIDENT
(Print)
• (Signature)
Address (Both mailing and location addresses) :
D. Bent X4.37
PayLJard Ck 94-540
�2�99I Clawi—tr LS c1
Hayward CA 94545
Telephone Number:
( 5 ) 783 -
Date: N'IG I •lD. 19 S1
Addendis Received:
1100 2 3 4 5
PROPOSAL PAGE 8 OF 8
� — `— .
'
. °
1988 CAPITAL IMPROVEMENT PAYMENT SCHEDULE
QUANTITIES CUT-OFF DATE CHECK RELEASE DATE
FRIDAY 5;00 P.M. FRIDAY
December 18 January 1
January 15 January 29
February 12 February 26
March 11 March 25
April 8
April 22
May 6 May 20
June 3 June 17
July 1 July 15
July 29 August 12
August 26 September 9
September 23 October 7
October 21 November 4
November 18 December 2
December 16 December 30
•
•
` ' '
-Of 1 CERTIFICATE Off' k� 17$j NCE ISSUE DATE(MM/DD/YY)
0 6-01-88 bd
PRODUCER t{
THIS C -CATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
❑
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
WINN & CO. INSURANCE BROKERP! IFRI iP9 f4 ER THE COVERAGE AFFORDED BY THE POLICIES BELOW:
P.O. BOX 22C
HOLLISTER, CA 95024-0220 COMPANIES AFFORDING COVERAGE
COMPANY
LETTERA
Transportation Ins (CNA/San Bruno)
COMPANY n
INSURED LETTER Continental Casualty (CNA/S Bruno)
OLIVER DE SILVA, INC. COMPANY n
P .O. BOX 4437 LETTER le Marine Office of America (S .F. )
HAYWARD, CA 94540 COMPANY
LETTER D
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS * '
LTR DATE IMWEIDAN) DATE IMM(DDIW)
GENERAL LIABILITY GENERAL AGGREGATE $ 1000 "
X COMMERCIAL GENERAL LIABILITY PRODUCTS COMPIOPS AGGREGATE $ 1000
A CLAIMSMADE nOCCURRENCE GL000279514 4-1-88 4-1-89 PERSONAL&ADVERTISING INJURY $ 1000
X OWNERS 8 CONTRACTORS PROTECTIVE EACH OCCURRENCE $ 1000
X XCU FIRE DAMAGE(ANY ONE FIRE) $ 50
* Limits at Policy Inception MEDICALEXPENSEIANY ONE PERSON) $ 5
AUTOMOBILE LIABILITY
X ANY AUTO GEL $ 1 ,000 ��' i ,
X ALL OWNED AUTOS BODILY its ry
X SCHEDULED AUTOS BUA000279515 4-1-88 4-1-89 �PERPERSON) $
,-'.14 -
HIRED AUTOS (7�UIR�
�X NON-OWNED AUTOS ACLRIDENT1 $
GARAGE LIABILITY
PRDPEM ? �
DAMAGE $ 's>R
EXCESS LIABILITY " 5° CGG ACH AGGREGATE
I: CUP1193818 4-1-88 4-1-89 " °" $ 5 ,000 $ 5 ,000
OTHER THAN UMBRELLA FORM -,,‘-ek8
STATUTORY "'J` `''
WORKERS'COMPENSATION 500279517 4-1-88 4-1-89 $ See (EACH ACCIDENT)
. AND Empl Liab CA, $1 ,000 ,000 $ Pol # • (DISEASEPOLICYLIMIT)
EMPLOYERS'LIABILITY Empl Liab Other States ,
$100 ,000 $ Column (DIGEASE•EACM EMPLOYEE)
OTHER
Equipment Floater Coverage: All Risk
C (Non-Owned/ IMC747314 4-1-88 4-1-89 $500 ,000 Limit ,
Rented/Leased) $5 ,000 Deductible
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
PROJECT: ANNUAL OVERLAY
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
CITY OF CUPERTINO PIRATION DATE THEREOF, THE ISSUING COMPANY WILL # #L #1#1
DEPT OF PUBLIC WORKS MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
10300 TORRE AVENUE LEFT,4$ 440: iff##4*#tifafti Wit#304404416#414 MILlib#4 )**1
CUPERTINO, CA 95014 #IiIL#Tl#I#f+## 1-Thal#TSI##L F':• ,it it¢ $( Fll:t#5 W•
AUTHORIZ D -EPRESENT TIV'
/Ir
ACORD 25=S(11/35) I,V I 7 - 0 IIR/ACORD CORPORATTON 1985-
POLICY NUMBER: GL000279514 (CNA) COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF CUPERTINO , ITS PROJECT: ANNUAL OVERLAY
OFFICERS AND EMPLOYEES
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
•
•
CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 ❑
State of California, )
• ) ss.
City and County of San Francisco )
• On this 25th day of May , in the year 1988 , before me,
a Notary Public personally appeared Carol Ganapol ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to this instrument as the Attorney-In-Fact of
Seaboard Surety Company and acknowledge to me that
he (she) subscribed the name of Seaboard Surety Company
t thereto as Sure n 's a ow name as Attorney In Fact.
OFFICIAL SEAL
• < '...{y RAS UBLI CALIFOGUANNI 4:4,
4 `'o r�rY 1° NOTARY PUBLIC-CALIFORNIA
4 , Q r�',l ` City and County of SAN FRANCISCO 1 ,
Nly Commission Expires Mar.2,1390 +
Notary Public
CORPORATE ACKNOWLEDGMENT
NO.202
f//Jf///J//Jl%J/04/4/!!0 t!//_IJJJI/_ `:/.!/. /!!Jur.%/!!/!!-.!/!!//!J/J_7/.//!./JJJ././J-/!lJ!JJ!!l_G/l
I`` State of �ii� On this tttg� ay o /1 _ 19before me,
County of lei 'i . S'. .. 1 /- a•t— •
•
Iund.rsigned
Notary Public, personally appeared
.— _z->
1 NtiivnnmuglpppnnunumntiO1°itiittunlr a QQ e •nally �own to me
„._ ,e', JULIE ANN STRAIN r p red to me on the basis of satisfactory evidence
x• Notary Publlo•Colliornla C
�' Santa Clara County = tocj the p.rson(s)�eo execute. the within Instrument as �
i My comm.expires Oct.11,1990= �,..d'. .- or on behalf of the corporation therein
o .
tunas!innlnnUnnnunnntitittu}Lttl'C named,and acknowledged to me that the corporation executed it.
WITNES y hand and and official seal.
Notary's nature
Y _Ca. 4 4 2-4-,4 . .r+ 4 _» ._i+ rar-r4. .•-. . .6.44 r ,z5:ei' ' ..�
7120 122
-�-� ' 'r'Lti• • 'GK�i• G2 ✓'G '_re 'S
NATIONAL TAR'ASSOCIATION • 23012 Ventura Blvd. • P.O Bni4A25 • Woodland Hina rs oracc-sant
Bond Number: 97091588
Premium: $1,230.00
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, OLIVER DE SILVA, INC.
as Principal and Seaboard Surety Company
as Surety are held and firmly bound unto the City of Cupertino, State of California,
in the sum of TWO HUNDRED SEVENTY-THREE THOUSAND THREE HUNDRED SIX Dollars
($ 273.306.00 ) lawful money of the United States, for the payment
of which will and truly to be made, we bind ourselves, our heirs, executors,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that,
WHEREAS, the Principal has entered into a contract dated
with the Obligee
to do and perform the following work to-wit:
ANNUAL OVERLAY - PROJECT 88-115
•
NOW, THEREFORE, if the said Principal shall well and truly perform the work
contracted to be performed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety this 25th day of May , 1988
(To be signed by Principal
and Surety and acknowledgment.)
•
Oliver de Silva, Inc.
Principal
By:
E EG.
Sea rd Surety 'Company
Surety
By: //
Attorney-in-Fa
Carol anapol
The above bond is accepted and approved this day of • , 19 -
I
J
Bond Number: 97091588
Premium: included in performance
LABOR AND MATERIAL BOND bond
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of Cupertino, State of California, and
OLIVER DE SILVA, INC.
hereinafter designated as "Principal" have entered into or are about to enter
into a contract providing for the installation, construction, and erection by
Principal of certain improvements more particularly described in said contract;
and incorporated herein by reference.
WHEREAS, said Principal is required to furnish a bond in connection with
said contract, providing that if said Principal, or any of his or its sub-
contractors, shall fail to pay for any materials, provisions, provender or
other supplies or teams used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the
Surety on said bond shall pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we, the Principal, and Seaboard Surety Company
as Surety, firmly bind ourselves, our executors, administrators, successors
and assigns, jointly and severally, unto the City of Cupertino, and any and
all materialmen, persons, companies, or corporations furnishing materials,
provisions, provender or other supplies used in, upon, for or abut the perfor-
mance of the aforesaid work contracted to be executed or performed under the
contract hereinabove mentioned, and incorporated herein by reference, and all
persons, companies or corporations lending or hiring teams, implements or
machinery, for or contributing to said work to be done, and all persons who
.perform work or labor upon the same, and all persons who supply both work and
materials, whose claim has not been paid by Principal or by any other person,
in the just and full sum of
TWO HUNDRED SEVENTY-THREE THOUSAND THREE HUNDRED SIX AND 00/100 DOLLARS
($ 273,306.00 ) .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or
its subcontractors, heirs, executors, administrators, successors or assigns,
shall fail to pay for any materials, provisions, provender or other supplies
or teams used in, upon, for or about the performance of the work contracted to
be done, or,for any work or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor, or any and
all damages arising under the original contract, then said Surety will pay the
same and also will pay in case suit is brought upon this bond, such reasonable
attorney's fee as shall be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies,
and corporations entitled to file claims under Section 1184.1 of the Code of
Civil Procedure, so as to give a right of action to them or their assigns in
any suit brought upon this bond.
CORPORATE ACKNOWLEDGMENT
NO.202
rrsra✓rrr-rrirrrr�rr�irr_�r r1.�--c ^_�.-r_c,:rr ��.-rrr_�rr-.��rr�rrrr_lrrrrirrrrririrrrrrrrr.,c�rr
t\ State of War ✓ On this therfe -da of ��� (�� \
Y 19�/�,before me, 1
} ss.
County of / ;�� Ii. ' / .d / •
1 the uncle d Notary Public,
personally appearedre /\ N
IIIIIOIIIIIIIIIillII lhillIiiiiilllllpn1R11^111NI1 / r�✓ �C - (�LLJ
\ (WS
4,-,..„ JULIE ANN STRAIN �r
.'r Notary Publlc•Cellforn!a erso y kno- n to me
1\ ` Santa Clara County :d prove me on t - basis of satisfactory evidence n
" My comm.expires Dot 11 WOO to =- = p rson(s��o exec ted he within Instrument as \
N\ anuuulaul °°OOO°°uununlmnliumn. / i
.- -' .._/./i or on behalf of the corporation therein
lnamed,and acknowledged to me that the corporation executed it. 1
1 WITNES :nd and official seal. \
i iN
r _ ._ �.�,� _ef ti
tl No • ature
7120
122
Vl-/J!!!-llrlrrllJJl,/rlllJrJlrr!lrllrJ-/I./rlrJ/rrJ!!!-llJl/...�rrrlJJlJrr!/rrrJJ/!./r-/1JJltll./J!!,/�
22
State of California, )
) ss.
City and County of San Francisco )
i • On this 25th day of May , n the year 1988 , before me,
a Notary Public personally appeared CarolCanaPo
personally known to me (or proved to me on the basis of satisfactory evidence) to be •
the person whose name is subscribed to this instrument as the Attorney-In-Fact of
Seaboard Surety Company and acknowledge to me that
he (she) subscribed the name of Seaboard Surety Company
thereto as Surety, and his (her own name as Attorney In Fact.
OFFICIAL SEAL �.u.�. -..`
e ROSEMARIE CUANILL ) \
/ �°':0'a.". ° NOTARY PUBLIC-CALIFORNIA tncettAi Ltii .
{� C City and County of SANFFl,�MGISGO
My Commission Expires Mar.2, 1990
-' --- Notary Public
Labor and Material Bond Page 2
And the said Surety, for value received, hereby stipulates, and agrees
that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract or to the work or to the speci-
fications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety this 25tbiay of May , 19 88
Oliver de Silva, Inc.
(To be signed by Principal Principa a e
and Surety. Notary By:
acknowledgments required.) c_ V.P.
Seaboard Surety Company
Surety
j
/ /
By:
Attorney-in-Fa,.jCarol G•napol
The above bond is accepted and approved this day of
•
, 19
%t
6/17/85
V V `/
1.
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For verification of the authenticity of this Power of Attorney you may call,collect,201-658-3500 and ask for the Power of Attorney clerk.Please refer to the Power
of Attorney number,the above named individual(s)and details of the bond to which the power is attached.In New York,Dial 212-627-5444.